Part 11

The Service Civilian Court

The Service Civilian Court: court and proceedings

Right to elect trial by Court Martial instead of by SCC
280
1
This section applies where the Service Civilian Court decides (under section 279) that it should try a charge.
2
Before arraignment the court must, in the way specified by SCC rules, give the defendant the opportunity of electing Court Martial trial of the charge.
3
If the defendant or (if more than one person is jointly charged) any of the defendants elects Court Martial trial of the charge—
a
the Service Civilian Court must refer the charge to the Court Martial; and
b
the charge is to be regarded for the purposes of Part 5 as allocated for Court Martial trial.
4
If subsection (3) does not apply, the Service Civilian Court must try the charge (but this is subject to the exercise by the Director of Service Prosecutions of the power under section 126(2)(b), (d) or (e)).
5
Where the Service Civilian Court is, in accordance with SCC rules, to try together two or more charges against the defendant, an election for Court Martial trial in respect of any of the charges takes effect as an election in respect of all of them.
S. 280 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)
Pts. 11-13 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(3)(4)
S. 280 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4