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14(1)Section 52II of that Act (cases where charge may be referred back to commanding officer) is amended as follows.E+W+S+N.I.
(2)After subsection (2) there is inserted—
(a)a case has been referred to the prosecuting authority otherwise than as a result of an election for court-martial trial,
(b)the prosecuting authority—
(i)in respect of the case or part of the case, does not determine any charge to be preferred, or
(ii)before the commencement of the trial of any charge preferred, discontinues proceedings on that charge, and
(c)the accused is below the rank of captain,
the prosecuting authority may refer the case, or the part concerned, back to the commanding officer of the accused.”
(3)In subsection (3), after “subsection (1)” there is inserted “ or (2A) ”.
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