Article 17 Referral of charge to commanding officer

Section 83B of each of the 1955 Acts^f1 (functions of the prosecuting authority) is amended as follows.

In subsection (4)—

For subsection (9A) substitute—

“(9A)

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)(a) above that a charge which is not capable of being dealt with summarily is to be preferred,

(b)

substitute, before the commencement of the trial, any charge which is not capable of being dealt with 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.”.