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Section 125 Powers of DSP in respect of charge allocated for Court Martial trialI1I2

United Kingdom

(1)

This section applies where a charge against a person (“the accused”) is for the time being regarded for the purposes of this Part as allocated for Court Martial trial.

(2)

The Director of Service Prosecutions may—

(a)

amend the charge;

(b)

substitute for the charge another charge against the accused;

(c)

bring an additional charge against the accused;

(d)

discontinue proceedings on the charge;

(e)

refer the charge to the accused's commanding officer, but only if the charge is capable of being heard summarily (see section 52);

(f)

allocate the charge for trial by the Service Civilian Court, but only if the charge is one that that court has jurisdiction to try;

(g)

make a direction under section 127(1) or (2) (directions barring further proceedings) in respect of the offence charged or any offence that could be charged under paragraph (c) above.

(3)

Court Martial rules may restrict the exercise of powers under subsection (2)—

(a)

after arraignment by the Court Martial; F1or

(b)

after referral of the charge to the Court Martial under section 279(4) or 280(3) (referral by SCC); F2...

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

Any additional charge brought under subsection (2)(c) must be in respect of the case as respects which the charge mentioned in subsection (1) was brought.

(6)

Any amended, substituted or additional charge under subsection (2)(a) to (c) is to be regarded for the purposes of this Part as allocated for Court Martial trial.

(7)

Any charge referred under subsection (2)(e) to a commanding officer is to be regarded for the purposes of this Part as allocated for summary hearing.

(8)

Any charge allocated under subsection (2)(f) is to be regarded for the purposes of this Part as allocated for Service Civilian Court trial.

Annotations

Textual amendments

F1

Word in s. 125(3) inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 6(2)(a); S.I. 2012/669, art. 4(d)

F2

S. 125(3)(c) and preceding word repealed (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 6(2)(b), Sch. 5; S.I. 2012/669, art. 4(d)(f)(i)

F3

S. 125(4) repealed (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 6(3), Sch. 5; S.I. 2012/669, art. 4(d)(f)(i)

Commencement

I1

S. 125 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2

S. 125 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Notes on the whole Act

Textual amendments

F1

Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)