The Air Force Act
124Choice between criminal court and court-martial
When a criminal court and a courtmartial have each jurisdiction in respect of an offence, it shall be in the discretion of1 [the Chief of the Air Staff], the officer commanding any group, wing or station in which the accused prisoner is serving of such other officer as may be prescribed to decide before which court the proceedings shall be instituted, and, if that officer decides that they should be instituted before a court-martial, to direct that the accused person shall be detained in Air force custody.
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1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for "the Commander-in-Chief", (w.e.f. 7-5-1955).
COURTS-MARTIAL
- 109 Different kinds of courts-martial
- 110 Power to convene a general court-martial
- 111 Power to convene a district court-martial
- 112 Contents of warrants issued under sections 110 and 11
- 113 Power to convene a summary general court-martial
- 114 Composition of general court-martial
- 115 Composition of district court-martial
- 116 Composition of summary general court-martial
- 117 Dissolution of court-martial
- 118 Powers of general and summary general courts-martial
- 119 Powers of district Court-martial
- 120 Prohibition of second trial
- 121 Period of limitation for trial
- 122 Liability of offender who ceases to be subject to Act
- 123 Place of tria
- 124 Choice between criminal court and court-martial
- 125 Power of criminal court to require delivery of offender
- 126 Successive trials by a criminal, court and a court-martial