Referral of charge to commanding officer20

1

Section 52I of the 1957 Act14 (functions of the prosecuting authority) is amended as follows.

2

In subsection (4), omit “(subject to section 52II of this Act)”.

3

For subsection (8A) substitute—

8A

If the case has been referred to the prosecuting authority as a result of an election for court-martial trial, the prosecuting authority may not—

a

determine under subsection (4) above that a charge which is not capable of being tried summarily is to be preferred,

b

substitute, before the commencement of the trial, any charge which is not capable of being tried summarily for any charge preferred against the accused, or

c

prefer any additional charge against the accused before the commencement of the trial,

unless the accused has given his written consent.