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Armed Forces Act 1971

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This is the original version (as it was originally enacted).

46Extension of powers of " higher authority " with respect to army and air-force charges

The following provision shall be substituted for section 80 of the Army Act 1955 (which empowers a higher authority to direct the dismissal of any charge against a non-commissioned officer or soldier which has been referred to the authority with a view to its being tried by court martial, and any charge against an officer or warrant officer which has been submitted to the authority for determination how it is to be proceeded with, but which contains no power for the authority to stay proceedings), and also for section 80 of the Air Force Act 1955 (which is to the like effect):— Directions by higher authority for dismissal of charges or stay of proceedings.

80(1)Notwithstanding anything in section 78 or 79 of this Act, where a charge has been referred to higher authority with a view to its being tried by court-martial, or has been submitted to higher authority for determination how it is to be proceeded with, that authority may refer the charge back to the commanding officer of the accused with a direction to dismiss the charge or a direction to stay all further proceedings thereon; and the commanding officer shall deal with the charge accordingly.

(2)The reference back of a charge under subsection (1) above shall be without prejudice to the preferring of another charge if the higher authority has so directed or the commanding officer thinks fit.

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