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)Where—
(a)a case has been referred to the prosecuting authority as a result of an election for court-martial trial, and
(b)the prosecuting authority considers that a charge different from, or additional to, the preliminary charge should be preferred,
the prosecuting authority may refer back to the commanding officer of the accused the charge or charges which the prosecuting authority considers should be preferred.
(2)In subsection (1) above—
(a)“the preliminary charge” means the charge which would have been tried summarily had the accused not elected court-martial trial, and
(b)the reference to preferring a charge different from, or additional to, the preliminary charge includes a reference to amending, or substituting another charge for, a charge already preferred.
[F3(2A)Where—
(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)Where a charge is referred to a commanding officer under subsection (1) [F4or (2A)] above, the commanding officer shall deal with the charge as if it had been reported to him under section 52B(1) of this Act.]
Textual Amendments
F2S. 52II inserted (2.10.2000) by 2000 c. 4, s. 13, Sch. 2 para. 4; S.I. 2000/2366, art. 2
F3S. 52II(2A) inserted (28.2.2002) by 2001 c. 19, s. 17, Sch. 1 para. 14(2); S.I. 2002/345, art. 2 (subject to art. 3)
F4Words in s. 52II(3) inserted (28.2.2002) by 2001 c. 19, s. 17, Sch. 1 para. 14(3); S.I. 2002/345, art. 2 (subject to art. 3)
Modifications etc. (not altering text)
C1S. 52II(1) modified (1.1.2008) by The Courts-Martial (Royal Navy) Rules 2007 (S.I. 2007/3443), rule 6
S. 52II(1) modified (1.1.2008) by The Courts-Martial (Royal Navy) Rules 2007 (S.I. 2007/3443), rule 13
Textual Amendments applied to the whole legislation
F5Act repealed (prosp.)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