The Armed Forces (Court Martial) Rules 2009

Powers of Director after arraignmentU.K.

This section has no associated Explanatory Memorandum

60.—(1) After a defendant has been arraigned on a charge, the Director may not exercise any of the powers under section 125(2) in relation to him without the leave of the court.

(2) Where—

(a)section 130(2) prohibits the Director from referring a charge to the defendant's commanding officer without the written consent of the defendant, and

(b)the defendant gives his written consent to such a referral,

this rule does not require leave for the referral.

(3) Where a defendant has been arraigned and the Director (with leave) exercises any of the powers under section 125(2)(a) to (c) in relation to him, the Director shall serve the amended charge sheet on every defendant in the way that would be required by regulations made under section 128 if the power had been exercised before arraignment.