Commonwealth Consolidated Acts Commonwealth Consolidated ActsWhere on a trial of a charge a superior summary authority or commanding officer is of the opinion:
(a) that the evidence adduced by the prosecution is sufficient to support the charge; and
(b) that, in the event of his or her convicting the accused person, he or she would be precluded by a provision of this Act from taking such action under Part IV in relation to the accused person as he or she considers to be warranted by that evidence;
the superior summary authority or commanding officer, as the case may be, shall terminate the trial and refer the charge to the Director of Military Prosecutions.