Cap. 220 чл. 86Dismissal of charges referred to higher authority.

(1) Notwithstanding anything in the two last foregoing articles, where a charge -

(a) has been referred to higher authority with a view to its being tried by court-martial; or

(b) has been submitted to higher authority for determination how it is to be proceeded with, that authority may, subject to the provisions of this article, refer the charge back to the commanding officer of the accused with a direction that it shall be dismissed, and in any such case the commanding officer shall dismiss the charge.

(2) The reference back of a charge in pursuance of this article shall be without prejudice to the preferring of another charge if the higher authority has so directed or the commanding officer thinks fit.