Part 5Investigation and summary trial of charges
Preliminary procedures and investigation of charges: Plea of guilty
117FAccused must be remanded for trial in Court Martial and charge must be referred to Director of Military Prosecutions in certain circumstances
A commanding officer, detachment commander, or superior commander must remand the accused for trial in the Court Martial and refer the charge to the Director of Military Prosecutions if—
- he or she considers under section 117B that he or she has insufficient powers of punishment or is not empowered to act as a disciplinary officer in relation to the charge; or
- the accused is given the right to an election under section 117D and either—
- the accused elects trial by the Court Martial and does not withdraw his or her election in the prescribed manner; or
- the accused does not make an election when asked to do so by the commanding officer, detachment commander, or superior commander.
- the accused elects trial by the Court Martial and does not withdraw his or her election in the prescribed manner; or
However, if the accused is given the right to an election under section 117D and elects trial by the Court Martial, the disciplinary officer must not act under subsection (1) during the 24 hours following the accused’s election.
Notes
- Section 117F: inserted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).


