Armed Forces Act 2001

Naval Discipline Act 1957 (c. 53)

11 (1) Section 52D of that Act (summary trial) is amended as follows.

(2) In subsection (2), after “If”, where first occurring, there is inserted “the charge is against a rating and”.

(3) After that subsection there is inserted—

“(2ZA) If the charge is against an officer, the appropriate superior authority shall afford the accused the opportunity of electing court-martial trial.”

(4) In subsection (3), after “commanding officer” there is inserted “or appropriate superior authority”.

(5) For subsection (4) there is substituted—

“(4) If a charge has been referred to higher authority as a result of an election for court-martial trial, and that election is withdrawn with leave, the higher authority shall—

(a) if the accused is a rating, refer the charge back to the commanding officer of the accused;

(b) if the accused is an officer, refer the charge back to the appropriate superior authority;

for the commanding officer or appropriate superior authority to try the charge summarily.”

(6) After subsection (4) there is inserted—

“(4A) Subsections (2) and (2ZA) above do not enable the accused to make a further election for court-martial trial in relation to a charge which has been referred back to the commanding officer or appropriate superior authority under subsection (4) above.

(4B) If, before determining whether the charge is proved, he considers it appropriate to do so, the commanding officer or appropriate superior authority may amend the charge or substitute another charge for it and treat the amended or substituted charge as the charge to be dealt with summarily by him.

(4C) Where under subsection (4B) above a charge is amended or one charge is substituted for another, subsection (2) or (2ZA) above applies in relation to the amended or substituted charge.”

(7) In subsections (5), (6), (7) and (8), after “commanding officer” there is inserted “or appropriate superior authority”.

(8) After subsection (8) there is inserted—

“(9) Nothing in this section or section 52C of this Act shall be taken to prevent an officer from acting as both higher authority and appropriate superior authority in relation to a charge.”