Article 157 Powers of the Director
This rule applies where a relevant charge is allocated for Court Martial trial.
In this rule, “relevant charge” means a charge in respect of an offence which would be a relevant offence if the defendant were convicted or acquitted of it.
The Director may not, without the written consent of the defendant, substitute under section 125(2)(b)—
a charge in respect of an offence other than one that may be dealt with at a summary hearing (within the meaning of section 53); or
a charge which section 54 would have prevented the defendant’s commanding officer from hearing summarily (if no election under section 129 had been made, and the officer had made the substitution but had not obtained the permission of higher authority to hear the charge).
The Director may not, without the written consent of the defendant, bring under section 125(2)(c) a charge in addition to the relevant charge.