(1)Notwithstanding anything in section 78 or 79 of this Act, where a charge has been referred to higher authority with a view to its being tried by court-martial, or has been submitted to higher authority for determination how it is to be proceeded with, that authority may refer the charge back to the commanding officer of the accused with a direction to dismiss the charge or a direction to stay all further proceedings thereon; and the commanding officer shall deal with the charge accordingly.
(2)The reference back of a charge under subsection (1)
above shall be without prejudice to the preferring of another charge if the higher authority has so directed or the commanding officer thinks fit.]
Textual Amendments
F1S. 80 substituted by Armed Forces Act 1971 (c. 33), s. 46
Modifications etc. (not altering text)
C1S. 80 extended by Armed Forces Act 1976 (c. 52), Sch. 3 paras. 1(2), 4(5), 6(2)
Textual Amendments applied to the whole legislation
F2Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2