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Armed Forces Act 2006
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Armed Forces Act 2006, Section 130 is up to date with all changes known to be in force on or before 21 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Valid from 28/03/2009
130Further consequences of election for Court Martial trialU.K.
This section has no associated Explanatory Notes
(1)This section applies where the accused has elected Court Martial trial of a charge.
(2)The Director of Service Prosecutions (“the Director”) may not without the written consent of the accused refer to a commanding officer, under section 125(2)(e)—
(a)that charge (whether or not amended by the Director), or
(b)any charge substituted under section 125(2)(b) or additionally brought under section 125(2)(c).
(3)Where a charge mentioned in subsection (2) is referred under section 125(2)(e), the accused may not elect Court Martial trial of the charge (and accordingly section 129(1) does not apply in respect of the charge); but this does not apply if the charge is amended after referral.
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