Textual Amendments
F1Crossheading and ss. 52H-52J inserted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. II para. 16; S.I. 1997/304, art. 2 (with art. 3)
(1)This section applies where a case has been referred to the prosecuting authority.
(2)If the case has been referred to him as a result of an election for court-martial trial, and that election is withdrawn with leave, the prosecuting authority shall refer the case to the commanding officer of the accused for the preliminary charge to be tried summarily.
(3)In subsection (2) above “the preliminary charge” means the charge which would have been tried summarily had the accused not elected court-martial trial.
(4)If the prosecuting authority considers that court-martial proceedings under this Act should be instituted, he shall determine any charge to be preferred and F3. . . prefer any such charge.
(5)The prosecuting authority shall, in accordance with rules under section 58 of this Act, notify the commanding officer of the accused and a court administration officer of any charge preferred; and the commanding officer shall, in accordance with any such rules, inform the accused accordingly.
(6)The prosecuting authority shall have the conduct of any court-martial proceedings under this Act against the accused.
(7)Without prejudice to any other power of his in relation to the conduct of the proceedings, the prosecuting authority may, in accordance with rules under section 58 of this Act—
(a)amend, or substitute another charge or charges for, any charge preferred;
(b)prefer an additional charge, or additional charges, against the accused;
(c)discontinue proceedings on any charge.
(8)The powers mentioned in subsection (7)(a) above may be exercised in relation to an amended or substituted charge as well as in relation to any charge preferred by the prosecuting authority.
[F4(8A)If the case has been referred to the prosecuting authority as a result of an election for court-martial trial, the prosecuting authority may not—
(a)determine under subsection (4) above that a charge which is not capable of being tried summarily is to be preferred,
(b)substitute, before the commencement of the trial, any charge which is not capable of being tried summarily for any charge preferred against the accused, or
(c)prefer any additional charge against the accused before the commencement of the trial,
unless the accused has given his written consent.]
(9)The prosecuting authority may not exercise any power mentioned in subsection (7)(a) or (c) above in relation to any charge against the accused after the commencement of the trial of that charge unless the court-martial gives him leave to do so.
(10)If, before the commencement of the trial of a charge against the accused (“the original charge”), the prosecuting authority exercises the power mentioned in subsection (7)(b) above, he may, in accordance with rules under section 58 of this Act, direct any additional charge to be tried by the court-martial convened to try the original charge; and where he does so, subsection (5) above shall apply with such exceptions and modifications as may be prescribed.
(11)The prosecuting authority may not exercise the power mentioned in subsection (7)(b) above after the commencement of the trial of a charge against the accused unless the court-martial gives him leave to do so; and where the prosecuting authority exercises that power with the leave of the court-martial, the court may try any additional charge preferred.
[F5(12)If the prosecuting authority—
(a)decides not to prefer any charge referred to him, or
(b)before the commencement of the trial of any charge preferred by him, discontinues proceedings on that charge,
he may direct that the accused shall not be liable to be tried summarily or by court-martial for the offence charged.]
(13)If, after the commencement of the trial of any charge, the prosecuting authority discontinues proceedings on that charge, the court-martial may give a direction such as is mentioned in subsection (12) above.]
Textual Amendments
F2Ss. 52H-52J inserted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. II para. 16; S.I. 1997/304, art. 2 (with art. 3)
F3Words in s. 52I(4) omitted (18.7.2008) by virtue of The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), art. 20(2)
F4S. 52I(8A) substituted (18.7.2008) by The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), art. 20(3)
F5S. 52I(12) substituted (2.10.2000) by 2000 c. 4, s. 13, Sch. 2 para. 2(3); S.I. 2000/2366, art. 2
Modifications etc. (not altering text)
C1S. 52I(2) modified (1.1.2008) by The Courts-Martial (Royal Navy) Rules 2007 (S.I. 2007/3443), rule 5
Textual Amendments applied to the whole legislation
F6Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions