Marginal note:Preferring charges
165.12 (1) When a charge is referred to the Director of Military Prosecutions, the Director of Military Prosecutions may
(a) prefer the charge; or
(b) prefer any other charge that is founded on facts disclosed by evidence in addition to or in substitution for the charge.
Marginal note:Withdrawing charges
(2) The Director of Military Prosecutions may withdraw a charge that has been preferred, but if a trial by court martial has commenced, the Director of Military Prosecutions may do so only with leave of the court martial.
Marginal note:Effect of withdrawing charge
(3) Withdrawing a charge does not preclude it from being proceeded with at any subsequent time.
- 1998, c. 35, s. 42
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