4(1)An accused person has a right to elect, before the court commences his trial, that the charges on which he is to be tried shall be tried by court-martial instead of by the court.U.K.
(2)Before the court commences a trial, it shall inform the accused in the prescribed manner of the right conferred by sub-paragraph (1) above, whether or not he has already been informed of it.
(3)The court shall proceed with the case unless the accused or, if more than one person is jointly charged, any of the accused, exercises the right so conferred.
(4)If the accused, or any of the accused, exercises that right, the court shall adjourn, and [F1shall refer the case to the prosecuting authority].
F2(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in SCh. 3 para. 4(4) substituted (1.4.1997) by 1996 c. 46, s. 5, SCh. 1 Pt. IV para. 103(4)(a); S.I. 1997/304, art. 2 (with art.3)
F2Sch. 3 para. 4(5) repealed (1.4.1997) by 1996 c. 46, ss. 5, 35(2), Sch. 1 Pt. IV para. 103(4)(b), Sch. 7 Pt. I; S.I. 1997/304, art. 2 (with art. 3)