The Armed Forces (Alignment of Service Discipline Acts) Order 2008

Referral of charge to commanding officer

17.—(1) Section 83B of each of the 1955 Acts(1) (functions of the prosecuting authority) is amended as follows.

(2) In subsection (4)—

(a) in paragraph (a) omit “and section 83BB of this Act”; and

(b) in paragraph (b) omit “(subject to section 83BB of this Act)”.

(3) For subsection (9A) substitute—

“(9A) If the case has been referred to the prosecuting authority as a result of an election for court-martial trial, the prosecuting authority may not—

(a) determine under subsection (4)(a) above that a charge which is not capable of being dealt with summarily is to be preferred,

(b) substitute, before the commencement of the trial, any charge which is not capable of being dealt with summarily for any charge preferred against the accused, or

(c) prefer any additional charge against the accused before the commencement of the trial,

unless the accused has given his written consent.”.

(1)

Section 83B of each of the 1955 Acts was inserted by the Armed Forces Act 1996 (c. 46), Schedule 1, paragraphs 14 and 15. Subsection (4) was amended, and subsection (9A) inserted, by the Armed Forces Discipline Act 2000, Schedule 2, paragraph 1.