The Armed Forces Discipline Act 2000 (Commencement and Transitional Provisions) Order 2000

Election for court-martial trial

8.—(1) Where immediately before 2nd October 2000—

(a) a charge is being dealt with summarily but no finding has yet been recorded on the charge; and

(b) the accused has not been afforded the right to elect trial by court-martial in relation to the charge,

section 76AA(1) of the Army Act(1) shall have effect (without prejudice to subsection (6) of that section) as if it required the commanding officer or appropriate superior authority to afford the accused the opportunity of electing court-martial trial in relation to the charge before continuing to deal summarily with it.

(2) Any election for court-martial trial made under section 76B(5) of the Army Act(2) before 2nd October 2000 shall be treated on or after that date as if made under section 76AA(1) of the Army Act.

(3) Where an accused elects trial by court-martial in relation to a charge before 2nd October 2000, section 83B(2) and (3) of the Army Act shall continue to have effect in relation to that election without the amendments made by paragraph 1(1) and (2) of Schedule 2 to the Act.

(1)

Section 76AA of the Army Act 1955 is inserted by the Armed Forces Discipline Act 2000, section 11.

(2)

Section 76B was inserted by the Armed Forces Act 1996 (c. 46), Schedule 1, paragraph 2.