Section 37Part 9 — DISCIPLINE, TRIAL AND PUNISHMENT OF MILITARY AND OTHER OFFENCES
Powers of Commanding Officer after charge
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Where a charge against a person ("the accused") is for the time being to be dealt with by a summary hearing by the Commanding Officer or by a subordinate commander, the Commanding Officer or the subordinate commander may —
amend the charge;
substitute for the charge another charge against the accused;
bring an additional charge against the accused;
discontinue proceedings on the charge; or
refer the charge to the Director of Public Prosecutions.
The powers under subsection (1) may be exercised before or after the start of any summary hearing of the charge.
Any amended, substituted or additional charge under subsection (1)(a), (b) or (c) must be capable of being heard summarily by the Commanding Officer or by a subordinate commander.
Any additional charge brought under subsection (1)(c) shall be in respect of the case with respect to which the charge mentioned in subsection (1) was brought.
Any amended, substituted or additional charge under subsection (1)(a), (b) or (c) shall be regarded for the purposes of this Part as allocated for a summary hearing by the Commanding Officer or by a subordinate commander.
Where a charge is referred under subsection (1)(e) to the Director of Public Prosecutions, the charge and any other charge brought in respect of the same case are to be regarded for the purposes of this Part as allocated for trial by a summary court.