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Section 279 Court must consider whether trial by Court Martial more appropriateI1I2

(1)

Before arraignment, the Service Civilian Court must decide whether it or the Court Martial should try the charge.

(2)

Before making a decision under this section, the court must—

(a)

give the Director of Service Prosecutions (“the Director”) an opportunity to inform the court of the defendant's previous convictions (if any); and

(b)

give the Director and the defendant an opportunity to make representations as to whether the Service Civilian Court or the Court Martial should try the charge.

(3)

In making a decision under this section, the court must consider—

(a)

the nature of the case;

(b)

the seriousness of the offence;

(c)

whether its powers of punishment in respect of the offence would be adequate;

(d)

any other circumstances it considers to be relevant; and

(e)

any representations made by the Director and the defendant.

(4)

If the court decides that the charge should be tried by the Court Martial—

(a)

it must refer the charge to that court; and

(b)

the charge is to be regarded for the purposes of Part 5 as allocated for Court Martial trial.

(5)

Section 238(3) (meaning of “previous conviction”) applies for the purposes of subsection (2)(a) above.

Annotations

Modifications

C1

S. 279(1) restricted (31.10.2009) by The Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209), art. 1, rule 34

Commencement

I1

S. 279 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. 279 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)