Search Legislation

The Armed Forces (Court Martial) Rules 2009

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Paragraph 28

 Help about opening options

Version Superseded: 01/08/2013

Alternative versions:

Status:

Point in time view as at 31/10/2009. This version of this provision has been superseded. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the The Armed Forces (Court Martial) Rules 2009, Paragraph 28. Help about Changes to Legislation

Powers of the DirectorU.K.

This section has no associated Explanatory Memorandum

28.—(1) This paragraph applies, and rule 157(3) does not apply, where a charge is allocated for Court Martial trial and is a relevant charge (within the meaning of rule 157) by virtue of an SDA election.

(2) Where the election charge was brought under AA 1955 or AFA 1955, the Director may not, without the written consent of the defendant, substitute under section 125(2)(b) a charge of an offence if, at the time of the election, a charge of that offence would not have been capable of being dealt with summarily (within the meaning of section 76(6)(b) of AA 1955 or AFA 1955, as the case may be).

(3) Where the election charge was brought under NDA 1957, the Director may not, without the written consent of the defendant, substitute under section 125(2)(b) a charge of an offence if, at the time of the election, a charge of that offence would not have been capable of being tried summarily (within the meaning of NDA 1957).

Back to top

Options/Help