Part II Discipline and Trial and Punishment of Air-Force Offences
The prosecuting authority
F183BB Cases where charge may be referred back to commanding officer.
(1)
Where—
(a)
a case has been referred to the prosecuting authority as a result of an election for court-martial trial, and
(b)
the prosecuting authority considers that a charge different from, or additional to, the preliminary charge should be preferred,
the prosecuting authority may refer back to the commanding officer of the accused the charge or charges which the prosecuting authority considers should be preferred.
(2)
In subsection (1) above—
(a)
“the preliminary charge” means the charge which would have been dealt with summarily had the accused not elected court-martial trial, and
(b)
the reference to preferring a charge different from, or additional to, the preliminary charge includes a reference to amending, or substituting another charge for, a charge already preferred.
(3)
Where a charge is referred to a commanding officer under subsection (1) above, the commanding officer shall deal with the charge as if it had been reported to him under section 76(1) of this Act.