Air Force Act 1955 (repealed)

[F1 [F2 83BB Cases where charge may be referred back to commanding officer.F5 F6 U.K.

(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.

[F3 (2A) Where—

(a) a case has been referred to the prosecuting authority otherwise than as a result of an election for court-martial trial,

(b) the prosecuting authority—

(i) in respect of the case or part of the case, does not determine any charge to be preferred, or

(ii) before the commencement of the trial of any charge preferred, discontinues proceedings on that charge, and

(c) the accused is below the rank of group captain,

the prosecuting authority may refer the case, or the part concerned, back to the commanding officer of the accused.]

(3) Where a charge is referred to a commanding officer under subsection (1) [F4 or (2A)]above, the commanding officer shall deal with the charge as if it had been reported to him under section 76(1) of this Act.]]

Textual Amendments

F1 Ss. 83A-83C and crossheading inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. II para. 15; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)

F2 S. 83BB inserted (2.10.2000) by 2000 c. 4, s. 13, Sch. 2 para. 3; S.I. 2000/2366, art. 2 (with transitional provsions in art. 3, Sch. para. 14)

F3 S. 83BB(2A) inserted (28.2.2002) by 2001 c. 19, ss. 17, 39(2), Sch. 1 para. 7(2); S.I. 2002/345, arts. 2, 3

F4 Words in s. 83BB(3) inserted (28.2.2002) by 2001 c. 19, ss. 17, 39(2), Sch. 1 para. 7(3); S.I. 2002/345, arts. 2, 3

Modifications etc. (not altering text)

C1 S. 83BB(1) modified (1.1.2008) by The Courts-Martial (Royal Air Force) Rules 2007 (S.I. 2007/3444), rules 1, 8

C2 S. 83BB(1) modified (1.1.2008) by The Courts-Martial (Royal Air Force) Rules 2007 (S.I. 2007/3444), rules 1, 16

Textual Amendments applied to the whole legislation

F5 Act: 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

F6 Act repealed (1.1.2008 for the repeal of s. 180 only) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2007/2913, art. 3 (with art. 4(1)(2))