Defence Act 1954

177B

F153 [ Right to elect for trial by court-martial.

177B. (1) Before disposing of a charge summarily under section 177C, the authorised officer shall, in the prescribed manner

( a ) ask the person charged whether he elects to have the charge disposed of summarily by the authorised officer or to be tried by court-martial, and

( b ) inform the person charged that he may obtain legal advice regarding the matter of the election and, where the person wishes to obtain such legal advice, that the hearing shall be adjourned for such period as the authorised officer considers reasonable (which period shall not in any case be less than 48 hours).

(2) Where the person charged elects to be tried by court-martial, whether or not the person obtains legal advice, the authorised officer shall remand the person charged for trial by court-martial and shall refer the charge to the Director for his directions but otherwise shall proceed to dispose of the charge summarily under section 177C and may do so then and there.

(3) Where two or more charges are brought against the person concerned, an election for trial by court-martial in respect of any of the charges shall take effect as an election in respect of all of them. ]

Annotations:

Amendments:

F153

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 23, S.I. No. 254 of 2008, subject to transitional provisions in s. 3 and sch. 1, para. 3 .