# The Armed Forces (Alignment of Service Discipline Acts) Order 2008, Paragraph 3: Referral of charge to commanding officer


For the purposes of section 120(7A) of each of the 1955 Acts (exception to power to activate suspended sentence where offender elected court-martial trial), and section 91(5)(b) of the 1957 Act as substituted by this Order (restriction on power to activate suspended sentence where offender elected court-martial trial), a person is not tried by court-martial for an offence in pursuance of an election for court-martial trial if—
(a) a charge of that offence (whether or not in the same terms as those of the charge on which he is tried) was referred by the prosecuting authority to the person’s commanding officer under section 83BB(1) of either of the 1955 Acts or section 52II(1) of the 1957 Act (before the repeal of those subsections by this Order) after the person had elected court-martial trial in relation to a charge of another offence; and
(b) the person did not elect court-martial trial in relation to the charge so referred.

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Source: https://www.legislation.gov.uk/ukdsi/2008/9780110817507/schedule/paragraph/3 (the official version)
Page: https://openlegislation.uk/draft-armed-forces-alignment-of-service-discipline-acts-order-2008/schedule/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.