The Standing Civilian Courts Order 1997

Withdrawal of election

19.—(1) An accused who elects court-martial trial may not withdraw his election except within 28 days of its being made and in accordance with this article.

(2) Where an accused seeks to withdraw his election, he shall—

(a) make an application in writing for leave to withdraw his election to the magistrate; and

(b) serve a copy of the application on the prosecutor.

(3) Before making his decision on the accused’s application, the magistrate shall afford the prosecutor the opportunity of making written representations to him.

(4) The magistrate shall, unless he considers that the accused should be afforded an opportunity to appear before him, issue his decision in writing.

(5) If an accused has elected court-martial trial and has with leave withdrawn his election, he may not make a further election for court-martial trial in respect of those proceedings.