Section 39Part 9 — DISCIPLINE, TRIAL AND PUNISHMENT OF MILITARY AND OTHER OFFENCES
Powers of Director of Public Prosecutions in respect of charge allocated for trial by summary
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Where a charge against an accused is to be dealt with by a summary court, the Director of Public Prosecutions 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
subject to section 38(4), refer the charge to the Commanding Officer, but only if the charge is capable of being heard summarily by the Commanding Officer.
Cross References
- Section 38 of Defence Act
section 38(4)