Document ID: chunk:federal_register_of_legislation:C2024C00861:section:110
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 110
Character Range: 357774–359218

110  Dealing with a charge by commanding officer
 (1) In dealing with a charge, a commanding officer may:
 (a) where the charge is within his or her jurisdiction to try under subsection 107(2)—make a decision to try the charge under that subsection;
 (b) where the charge is not within his or her jurisdiction to try under subsection 107(2) and he or she is of the opinion that there is insufficient evidence to support the charge—direct that the charge be not proceeded with;
 (c) where the charge is within the jurisdiction of a superior summary authority to try under section 106—refer the charge to a superior summary authority;
 (d) in any case— refer the charge to the Director of Military Prosecutions; or
 (e) where it is desirable in the interests of justice or for any other reason—refer the charge to be dealt with by another commanding officer.
Note: A charge may be referred to the commanding officer by:
(a) an authorized member of the Defence Force (who may be the Director of Military Prosecutions, see the definition of authorized member of the Defence Force in subsection 87(6)) under paragraph 87(1)(a) or (b); or
(b) the Director of Military Prosecutions under paragraph 103(1)(b); or
(c) another commanding officer under paragraph (e) of this subsection.
 (2) A commanding officer may refer a charge under paragraph (1)(c) or (d) whether or not the charge is within his or her jurisdiction to try under subsection 107(2).