Section 38Part 9 — DISCIPLINE, TRIAL AND PUNISHMENT OF MILITARY AND OTHER OFFENCES
Right to elect trial by a summary court
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The Commanding Officer, before hearing a charge summarily, shall give an accused the opportunity of electing for the charge to be tried by a summary court.
If an accused elects a summary trial of the charge by the court —
the Commanding Officer shall refer the charge to the Director of Public Prosecutions; and
the charge shall be regarded as allocated for trial by a summary court.
Where two or more charges against the accused are to be heard summarily together, an election for summary trial by the court in respect of any of the charges takes effect as an election in respect of all of them.
The Director of Public Prosecutions may not without the written consent of the accused refer the charge to the Commanding Officer whether or not amended by the Director of Public Prosecutions.