Part 5Investigation, Charging and Mode of Trial

Chapter 2Charging and Mode of Trial

Powers of charging etc

I1I2120Power of CO to charge etc

1

Subsections (2) and (3) apply where under section 119 a commanding officer has initial powers in respect of a case.

2

The officer may bring, in respect of the case, one or more charges that are capable of being heard summarily (see section 52).

3

The officer may refer the case to the Director of Service Prosecutions.

4

A charge brought under subsection (2) is to be regarded for the purposes of this Part as allocated for summary hearing.

5

Where an officer refers a case under subsection (3), any other case—

a

which is of a description prescribed by regulations under section 128 for the purposes of this subsection, and

b

as respects which the officer has initial powers,

is to be treated as referred under subsection (3) to the Director of Service Prosecutions.