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Section 152: Remand of accused

Regulations for the Navy Part IICentral Regulations · 1957

(1) The evidence recorded by the investigating officer and the statement of the accused, if any, hereinafter referred to as the “summary of evidence” shall be considered by the Commanding Officer who thereupon shall either-

(a) remand the accused for trial by court martial, or

(b) refer the case to his superior authority for directions, or

(c) in the case of a sailor if it is within his jurisdiction to try the offences charged, then, unless he has received directions to the contrary from his superior authority, dispose of the case summarily.

(2) When the case is referred to a proper superior authority for directions, such superior authority shall given such directions, as it considers appropriate provided that where investigation has been carried out for the purpose of giving effect to any directions of any higher authority, the case shall be submitted to him.

(3) Where in accordance with the directions of a superior authority given under sub-regulation (2), the Commanding Officer has been directed as apply for trial by court martial the Commanding Officer shall remand the accused for trial by court martial.

(4) When the accused has been remanded for trial by court martial, the Commanding Officer shall proceed to make an application to the proper convening authority in the manner here in after provided.

Where this provision sits

ActRegulations for the Navy Part II
Section152
Marginal noteRemand of accused
JurisdictionCentral
StatusIn force as published by the source

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