Defence Act 1954


F162 [ Right to elect for trial by court-martial.

178B. (1) Before disposing of a charge summarily under section 178C, the commanding officer shall, in the prescribed manner

( a ) ask the person charged whether he elects to have the charge disposed of summarily by the commanding 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 commanding 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 commanding officer shall remand the person 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 178C 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. ]