Part 6

Summary Hearing and Appeals and Review
Chapter 1

Summary Hearing

Right to elect Court Martial trial

Further consequences of election for Court Martial trial
130
1
This section applies where the accused has elected Court Martial trial of a charge.
2
The Director of Service Prosecutions (“the Director”) may not without the written consent of the accused refer to a commanding officer, under section 125(2)(e)—
a
that charge (whether or not amended by the Director), or
b
any charge substituted under section 125(2)(b) or additionally brought under section 125(2)(c).
3
Where a charge mentioned in subsection (2) is referred under section 125(2)(e), the accused may not elect Court Martial trial of the charge (and accordingly section 129(1) does not apply in respect of the charge); but this does not apply —
a
where the charge is amended after referral;
b
to any charge substituted for or added to the charge after referral; or
c
where extended powers for the purposes of any provision of section 133, 134, 135 or 194 are obtained after referral.
S. 130 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. 130 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
S. 130(3)(a)-(c) substituted for words (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 8; S.I. 2012/669, art. 4(d)