Part 5Investigation, Charging and Mode of Trial

Chapter 2Charging and Mode of Trial

Powers of commanding officer or DSP after charge etc

124CO to hear charge allocated for summary hearing

1

This section applies in respect of a charge which is regarded for the purposes of this Part as allocated for summary hearing.

2

The accused's commanding officer must hear the charge summarily unless—

a

he exercises his powers under section 123(2)(b), (d) or (e) in respect of the charge (substitution of charge, discontinuance of proceedings, or referral to DSP); or

b

the accused elects Court Martial trial of the charge (see section 129).

3

Subsection (2) is subject to sections 52 (charges capable of being heard summarily) and 54 (charges which may be heard summarily only with permission or by senior officer).