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Where a person charged with an offence elects to be tried by court-martial, under section 83BB(1) of the Army Act 1955, section 83BB(1) of the Air Force Act 1955 or section 52II(1) of the Naval Discipline Act 1957 (as the case may be) the prosecuting authority may refer a different charge back to the accused’s commanding officer. Court-martial rules modify those subsections in cases where the accused elected on more than one charge. Those subsections are repealed by the Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), and the rules that modify them are revoked by these Rules.
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