- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
15.—(1) If under section 123(2)(d) a commanding officer discontinues proceedings on a charge, he must as soon as reasonably practicable give written notification of the discontinuation to the accused.
(2) If under section 125(2)(d) or section 126(2)(d) the DSP discontinues proceedings on a charge, he must as soon as reasonably practicable give written notice of the discontinuation to—
(a)the accused or his legal representative;
(b)the accused’s commanding officer; and
(c)the court administration officer.
(3) If under section 125(2)(e) the DSP refers a charge to an accused’s commanding officer, the commanding officer must as soon as reasonably practicable give written notification of the reference to the accused or his legal representative.
(4) If under section 121(3) or 125(2)(f) the DSP allocates a charge for trial by the Service Civilian Court, or under section 126(2)(e) allocates a charge for trial by the Court Martial, he must as soon as reasonably practicable give written notice of the allocation to—
(a)the accused or his legal representative; and
(b)the court administration officer.
(5) If the DSP makes a direction under section 127(1) or (2)—
(a)he must as soon as reasonably practicable notify the commanding officer of the person specified in the direction, and
(b)the commanding officer must as soon as reasonably practicable notify that person in writing,
of the making of the direction.
(6) A notification under this regulation may be given to an accused who is not, or is not for the time being, subject to service law by—
(a)delivering it to him by hand;
(b)leaving it at his usual or last known address;
(c)sending it by post to that address; or
(d)transmitting it to him by fax or other electronic means, but only if he has agreed to receive it by that method.
(7) A notification under this regulation may be given to a legal representative by—
(a)delivering it to him by hand;
(b)delivering it, or sending it by post or by document exchange (DX), to his place of business; or
(c)transmitting it to him by fax or other electronic means, but only if he has agreed to receive it by that method.
(8) In this regulation references to the legal representative of a person have the same meaning as in the Court Martial rules.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: