S. 52II inserted (2.10.2000) by 2000 c. 4, s. 13, Sch. 2 para. 4; S.I. 2000/2366, art. 2
S. 52II(2A) inserted (28.2.2002) by 2001 c. 19, s. 17, Sch. 1 para. 14(2); S.I. 2002/345, art. 2 (subject to art. 3)
Words in s. 52II(3) inserted (28.2.2002) by 2001 c. 19, s. 17, Sch. 1 para. 14(3); S.I. 2002/345, art. 2 (subject to art. 3)
S. 52II(1) modified (1.1.2008) by The Courts-Martial (Royal Navy) Rules 2007 (S.I. 2007/3443), rule 6
S. 52II(1) modified (1.1.2008) by The Courts-Martial (Royal Navy) Rules 2007 (S.I. 2007/3443), rule 13
Where—
a case has been referred to the prosecuting authority as a result of an election for court-martial trial, and
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.
In subsection (1) above—
“
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.
Where—
a case has been referred to the prosecuting authority otherwise than as a result of an election for court-martial trial,
the prosecuting authority—
in respect of the case or part of the case, does not determine any charge to be preferred, or
before the commencement of the trial of any charge preferred, discontinues proceedings on that charge, and
the accused is below the rank of captain,
the prosecuting authority may refer the case, or the part concerned, back to the commanding officer of the accused.
Where a charge is referred to a commanding officer under subsection (1)