LawgistThe Army Act
125Choice between criminal court and court-martial
When a criminal court and a court-martial have each jurisdiction in respect of an offence, it shall be in the discretion of the officer commanding the army, army corps, division or independent brigade in which the accused person is serving or 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 military custody.
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COURTS-MARTIAL
- 108 Kinds of courts-martial
- 109 Power to convene a general court-martial
- 110 Power to convene a district court-martial
- 111 Contents of warrants issued under sections 109 and 110
- 112 Power to convene a summary general court-martial
- 113 Composition of general court-martial
- 114 Composition of district court-martial
- 115 Composition of summary general court-martial
- 116 Summary court-martial
- 117 Dissolution of courts-martial
- 118 Powers of general and summary general courts-martial
- 119 Powers of district courts-martial
- 120 Powers of summary courts-martial
- 121 Prohibition of second trial
- 122 Period of limitation for trial
- 123 Liability of offender who ceases to be subject to Act
- 124 Place of trial
- 125 Choice between criminal court and court-martial
- 126 Power of criminal court to require delivery of offender
- 127 [Omitted.]
