C1Part 11The Service Civilian Court

Annotations:
Modifications etc. (not altering text)
C1

Pts. 11-13 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(3)(4)

The Service Civilian Court: court and proceedings

I1I2279Court must consider whether trial by Court Martial more appropriate

C21

Before arraignment, the Service Civilian Court must decide whether it or the Court Martial should try the charge.

2

Before making a decision under this section, the court must—

a

give the Director of Service Prosecutions (“the Director”) an opportunity to inform the court of the defendant's previous convictions (if any); and

b

give the Director and the defendant an opportunity to make representations as to whether the Service Civilian Court or the Court Martial should try the charge.

3

In making a decision under this section, the court must consider—

a

the nature of the case;

b

the seriousness of the offence;

c

whether its powers of punishment in respect of the offence would be adequate;

d

any other circumstances it considers to be relevant; and

e

any representations made by the Director and the defendant.

4

If the court decides that the charge should be tried by the Court Martial—

a

it must refer the charge to that court; and

b

the charge is to be regarded for the purposes of Part 5 as allocated for Court Martial trial.

5

Section 238(3) (meaning of “previous conviction”) applies for the purposes of subsection (2)(a) above.