First Group of PartsDiscipline

Part 11The Service Civilian Court

The Service Civilian Court: court and proceedings

279Court must consider whether trial by Court Martial more appropriate

1

Before arraignment, the Service Civilian Court must decide whether it or the Court Martial should try the charge.

2

Before making a decision under this section, the court must—

a

give the Director of Service Prosecutions (“the Director”) an opportunity to inform the court of the defendant’s previous convictions (if any); and

b

give the Director and the defendant an opportunity to make representations as to whether the Service Civilian Court or the Court Martial should try the charge.

3

In making a decision under this section, the court must consider—

a

the nature of the case;

b

the seriousness of the offence;

c

whether its powers of punishment in respect of the offence would be adequate;

d

any other circumstances it considers to be relevant; and

e

any representations made by the Director and the defendant.

4

If the court decides that the charge should be tried by the Court Martial—

a

it must refer the charge to that court; and

b

the charge is to be regarded for the purposes of Part 5 as allocated for Court Martial trial.

5

Section 238(3) (meaning of “previous conviction”) applies for the purposes of subsection (2)(a) above.