Document ID: chunk:federal_register_of_legislation:C2024C00861:section:130:p2
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 130 (pt 2/2)
Character Range: 385789–386649

to form either an opinion of the kind referred to in paragraph (1)(c) or an opinion of the kind referred to in paragraph (1)(d) unless:
 (a) the accused person has submitted that the summary authority should form an opinion of the first‑mentioned kind; or
 (b) the interests of justice require that the summary authority should form an opinion of the first‑mentioned kind.
 (4) A summary authority, before taking action under paragraph (1)(g), shall hear evidence relevant to the determination of what action should be taken.
 (5) A summary authority trying a charge may, at any stage of the trial, refer the charge to the Director of Military Prosecutions if the summary authority considers that it is desirable, in the interests of justice, that the charge be so referred.
 (6) Subsection (5) does not affect the operation of any other provision of this Act.