Referral of charge to commanding officer
20. (1) Section 52I of the 1957 Act (functions of the prosecuting authority) is amended as follows.
Section 52I of the 1957 Act was inserted by the Armed Forces Act 1996, Schedule 1, paragraph 16. Subsection (4) was amended, and subsection (8A) inserted, by the Armed Forces Discipline Act 2000, Schedule 2, paragraph 2.
(2) In subsection (4), omit “(subject to section 52II of this Act)”.
(3) For subsection (8A) substitute—

“(8A) 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) above that a charge which is not capable of being tried summarily is to be preferred,
(b) substitute, before the commencement of the trial, any charge which is not capable of being tried 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.”.