Notwithstanding anything in section 78 or 79 of this Act, where a charge has been referred to higherauthority with a view to its being tried by court-martial, or has been submitted to higher authority fordetermination how it is to be proceeded with, that authority may refer the charge back to the commandingofficer of the accused with a direction to dismiss the charge or a direction to stay all further proceedingsthereon; and the commanding officer shall deal with the charge accordingly.

The reference back of a charge under subsection (1) above shall be without prejudice to the preferringof another charge if the higher authority has so directed or the commanding officer thinks fit.