Armed Forces Discipline Act 2000

General functions of prosecuting authority

1 (1) In section 83B of each of the 1955 Acts (functions of the prosecuting authority), in subsection (2), for the words from “to record” to the end there is substituted “to deal summarily with the preliminary charge”.

(2) In subsection (3) of that section, for the words from “for which” to the end there is substituted “which would have been dealt with summarily had the accused not elected court-martial trial”.

(3) In subsection (4) of that section—

(a) in paragraph (a), for “subsection (5) below)” there is inserted “subsection (5) below and section 83BB of this Act)”, and

(b) in paragraph (b), at the beginning there is inserted “(subject to section 83BB of this Act)”.

(4) After subsection (9) of that section there is inserted—

“(9A) 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)(a) above that a charge different from that in respect of which the election was made is to be preferred, or

(b) exercise any power mentioned in subsection (8)(a) or (b) above in relation to any charge against the accused before the commencement of the trial,

unless the accused has given his written consent or the charge is being referred under section 83BB of this Act.”

(5) For subsection (13) of that section there is substituted—

“(13) 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, for the purposes of section 134 of this Act, the accused is to be deemed to have been tried by court-martial for the offence charged.”

2 (1) In section 52I of the 1957 Act (functions of prosecuting authority), in subsection (4) after “and” there is inserted “(subject to section 52II of this Act)”.

(2) After subsection (8) of that section there is inserted—

“(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 different from that in respect of which the election was made is to be preferred, or

(b) exercise any power mentioned in subsection (7)(a) or (b) above in relation to any charge against the accused before the commencement of the trial,

unless the accused has given his written consent or the charge is being referred under section 52II of this Act.”

(3) For subsection (12) of that section there is substituted—

“(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.”