Referring back in a multiple charge case before charges are preferred
This section has no associated Explanatory Memorandum
8.—(1) Where—
(a)an election for court-martial trial relates to two or more preliminary charges; and
(b)the prosecuting authority considers that a charge or charges different from or additional to a preliminary charge should be preferred,
section 83BB(1) of the Act shall have effect as if it required the prosecuting authority to refer back to the commanding officer of the accused any additional preliminary charge as well as the charge or charges which he would otherwise be required to refer back under that section.
(2) In paragraph (1), the reference to any additional preliminary charge is to any preliminary charge which is different from the preliminary charge referred to in paragraph (1)(b).