The Rules of Procedure (Air Force) (Amendment) Rules 1991

4.—(1) In rule 3A(1), after the words “paragraph 1, 2” there shall be inserted “2A”.

(2) In Schedule 9 Part I (provisions relating to civilians—general modifications), after paragraph 2 there shall be inserted the following paragraph—

“2A.   Rule 21 (alternative courses open to an appropriate superior authority) shall have effect as if—

(a) that Rule were numbered paragraph (1);

(b) in that paragraph after the words “if an accused elects to be tried by court-martial” there were inserted the words “and does not subsequently in accordance with paragraph (2) of this Rule withdraw his election,”;

(c) there were inserted after paragraph 1 of that Rule the following paragraph—

“(2) Subject to paragraphs (3) and (4) below, an accused who has elected trial by court-martial may withdraw his election at any time before the trial and the charge may then be dealt with summarily by an appropriate superior authority.

(3) An accused who elects trial by court-martial shall not be entitled to withdraw his election before he has been remanded for trial if his commanding officer is of the opinion that it is undesirable that he should do so.

(4) An accused who elects trial by court-martial shall not be entitled to withdraw his election after he has been remanded for trial except with the permission of the convening officer.”.”