Modifications etc. (not altering text)
C1Pt. II (ss. 24-143) applied (1.6.1996) by Armed Force Act 1991 (c. 62, SIF 7:1), ss. 18(9)(b), 20(10)(b); S.I. 1996/1173, art. 2
Textual Amendments
F1Ss. 83A-83C and crossheading inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. II para. 15; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
Valid from 10/02/2000
(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 dealt with 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.
(3)Where a charge is referred to a commanding officer under subsection (1) above, the commanding officer shall deal with the charge as if it had been reported to him under section 76(1) of this Act.]
Textual Amendments
F2S. 83BB inserted (2.10.2000) by 2000 c. 4, s. 13, Sch. 2 para. 3; S.I. 2000/2366, art. 2 (with transitional provsions in art. 3, Sch. para. 14)
Textual Amendments applied to the whole legislation
F3Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2