Point in time view as at 08/03/2012.
Armed Forces Act 2006, Section 280 is up to date with all changes known to be in force on or before 04 March 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.
(1)This section applies where the Service Civilian Court decides (under section 279) that it should try a charge.
(2)Before arraignment the court must, in the way specified by SCC rules, give the defendant the opportunity of electing Court Martial trial of the charge.
(3)If the defendant or (if more than one person is jointly charged) any of the defendants elects Court Martial trial of the charge—
(a)the Service Civilian Court must refer the charge to the Court Martial; and
(b)the charge is to be regarded for the purposes of Part 5 as allocated for Court Martial trial.
(4)If subsection (3) does not apply, the Service Civilian Court must try the charge (but this is subject to the exercise by the Director of Service Prosecutions of the power under section 126(2)(b), (d) or (e)).
(5)Where the Service Civilian Court is, in accordance with SCC rules, to try together two or more charges against the defendant, an election for Court Martial trial in respect of any of the charges takes effect as an election in respect of all of them.
Commencement Information
I1S. 280 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. 280 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
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