The Armed Forces (Court Martial) Rules 2009

Charge referred to higher authority following election for court-martial trial on another charge

27.—(1) In relation to a person who made an SDA election, rule 156 is modified as follows.

(2) In paragraph (1)(b) the reference to a charge which at the time of the election is regarded for the purposes of Part 5 of the 2006 Act as allocated for summary hearing is to be read as a reference to a charge which, at the time of the election, could have been dealt with or tried by the person’s commanding officer.

(3) In paragraph (1)(d) the reference to a referral of a charge to the Director under section 123(2)(e) is to be read as a reference to the referral of the charge to higher authority under section 76(5)(b) of AA 1955 or AFA 1955 or section 52B(5)(b) of NDA 1957.

(4) In paragraph (2)(b)—

(a) the reference to a charge brought under section 125 in addition to a charge includes an additional charge preferred under section 83B(8)(b) of AA 1955 or AFA 1955 or section 52I(7)(b) of NDA 1957; and

(b) the reference to a charge substituted for a charge includes—

(i) a charge preferred by a prosecuting authority under section 83B(4) of AA 1955 or AFA 1955 or section 52I(4) of NDA 1957 in respect of an offence other than the offence alleged in the charge as regards which the election was made; and

(ii) a charge substituted under section 83B(8)(a) of AA 1955 or AFA 1955 or section 52I(7)(a) of NDA 1957.