Part 5 U.K. Investigation, Charging and Mode of Trial

Chapter 2 U.K. Charging and Mode of Trial

Powers of commanding officer or DSP after charge etc U.K.

124 CO to hear charge allocated for summary hearing U.K.

(1) This section applies in respect of a charge which is regarded for the purposes of this Part as allocated for summary hearing.

(2) The accused's commanding officer must hear the charge summarily unless—

(a) he exercises his powers under section 123(2)(b), (d) or (e) in respect of the charge (substitution of charge, discontinuance of proceedings, or referral to DSP); or

(b) the accused elects Court Martial trial of the charge (see section 129).

(3) Subsection (2) is subject to sections 52 (charges capable of being heard summarily) and 54 (charges which may be heard summarily only with permission or by senior officer).

Commencement Information

I1 S. 124 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)

I2 S. 124 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4