Part 6Summary Hearing and Appeals and Review
Chapter 1Summary Hearing
Right to elect Court Martial trial
130Further consequences of election for Court Martial trial
(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.