Defence Act 1954

178D

F160 [ Remand for trial by court-martial.

178D. (1) Where the person charged is remanded for trial by court-martial under section 178(2)( a )(ii) or 178C and the matter is referred to the Director for his directions, the Director may direct that the charge (with such alterations, amendments, additions, substitutions and additional charges as he thinks fit) be referred back to the commanding officer and the commanding officer shall either dismiss or, subject to the right to elect to be tried by court-martial pursuant to section 178B, dispose of the charge or charges so referred back summarily in accordance with section 178C.

(2) Where the person charged

( a ) is remanded for trial by court-martial under section 178(2)( a )(ii) or 178C and no direction is given under subsection (1) of this section, or

( b ) is remanded for trial by court-martial under section 178 (other than under section 178(2)( a )(ii)) or 178B,

the Director may

(i) subject to section 192, in respect of the charge concerned (with such alterations, amendments, additions, substitutions and additional charges as he thinks fit)

(I) direct that the matter be referred for trial by summary court-martial, or

(II) direct that the Court-Martial Administrator convene a general court-martial or limited court-martial, as specified in his direction, to try the person charged,

or

(ii) withdraw the charge. ]

Annotations:

Amendments:

F160

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 25, S.I. No. 254 of 2008.