C2 Part II Discipline and Trial and Punishment of Air-Force Offences
Investigation of, and summary dealing with, charges
F276AA Right to elect for court-martial trial.
C11
Before dealing summarily with a charge, the commanding officer or appropriate superior authority shall afford the accused the opportunity of electing court-martial trial in relation to that charge.
2
Where in accordance with regulations under section 83 of this Act two or more charges are together to be dealt with summarily, any election for court-martial trial must relate to all the charges concerned.
3
If the accused elects court-martial trial and does not withdraw his election with leave, the commanding officer or appropriate superior authority shall refer to higher authority the charge to which the election relates, with a view to the trial of the accused by court-martial.
4
If a charge has been referred to higher authority as a result of an election for court-martial trial and that election is withdrawn with leave, the higher authority shall—
a
if the accused is an officer or warrant officer, refer the charge back to the appropriate superior authority;
b
if the accused is a non-commissioned officer or soldier, refer the charge back to the commanding officer of the accused,
for the appropriate superior authority or commanding officer to deal summarily with the charge.
5
Subsection (1) above does not enable the accused to make a further election for court-martial trial in relation to a charge which has been referred back to the appropriate superior authority or commanding officer under subsection (4) above.
6
Where under section 76B(3) of this Act a charge is amended or one charge is substituted for another, subsection (1) above applies in relation to the amended or substituted charge.
Pt. II (ss. 24-143) applied (1.6.1996) by Armed Force Act 1991 (c. 62, SIF 7:1), ss. 18(9)(b), 20(10)(b); S.I. 1996/1173, art. 2