(1)Where a direction under section 121(2) is given to an officer, he must bring the charge or charges specified in the direction.
(2)A charge [F2brought by the Director of Service Prosecutions (“the Director”) under section 121(1A) or by an officer as a result of a direction under section 121(2)]—
(a)is to be regarded for the purposes of this Part as allocated for Service Civilian Court trial if [F3the Director allocated it (under section 121(1B) or (3))] for trial by that court;
(b)otherwise, is to be regarded for the purposes of this Part as allocated for Court Martial trial.
Textual Amendments
F1Words in s. 122 heading inserted (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 5(2)(c), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)
F2Words in s. 122(2) substituted (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 5(2)(a), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)
F3Words in s. 122(2)(a) substituted (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 5(2)(b), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)
Commencement Information
I1S. 122 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
I2S. 122 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4