National Defence Act
Marginal note:When no summary trial
163.1 (1) A commanding officer who determines that a charge is to proceed but who does not try the accused person by summary trial shall refer the charge, in accordance with regulations made by the Governor in Council, to
(a) another officer who has jurisdiction to try the accused person by summary trial; or
(b) an officer who is authorized by regulations made by the Governor in Council to refer charges to the Director of Military Prosecutions.
Marginal note:Subsequent proceedings not precluded
(2) A decision of a commanding officer that a charge should not proceed does not preclude proceeding with the charge at any subsequent time.
Marginal note:Charge may be referred
(3) If a commanding officer decides that a charge should not be proceeded with, the person who laid the charge may, in circumstances prescribed by the Governor in Council in regulations, refer it to an officer referred to in paragraph (1)(b).
- 1998, c. 35, s. 42
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