Part 5

Investigation, Charging and Mode of Trial
Chapter 2

Charging and Mode of Trial

Powers of commanding officer or DSP after charge etc

Powers of DSP in respect of charge allocated for SCC trial
126
1
This section applies where a charge against a person (“the accused”) is for the time being regarded for the purposes of this Part as allocated for Service Civilian Court trial.
2
The Director of Service Prosecutions may—
a
amend the charge;
b
substitute for the charge another charge against the accused;
c
bring an additional charge against the accused;
d
discontinue proceedings on the charge;
e
allocate the charge for trial by the Court Martial;
f
make a direction under section 127(1) or (2) (directions barring further proceedings) in respect of the offence charged or any offence that could be charged under paragraph (c) above.
3
SCC rules may restrict the exercise, after a decision by the Service Civilian Court under section 279 as to whether it should try the charge, of powers under subsection (2).
4
Any amended, substituted or additional charge under subsection (2)(a) to (c) must be one that the Service Civilian Court has jurisdiction to try.
5
Any additional charge brought under subsection (2)(c) must be in respect of the case as respects which the charge mentioned in subsection (1) was brought.
6
Any amended, substituted or additional charge under subsection (2)(a) to (c) is to be regarded for the purposes of this Part as allocated for Service Civilian Court trial.
7
Any charge allocated under subsection (2)(e) is to be regarded for the purposes of this Part as allocated for Court Martial trial.
S. 126 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
S. 126 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4