24AWithdrawal, change or making of election by accused person

24A Withdrawal, change or making of election by accused person

(1) An accused person may, with the leave of a Military Judge:

(a) withdraw an election made under rule 24; or

(b) change an election made under rule 24; or

(c) if the accused person did not make an election in accordance with rule 24 — make an election.

(2) In deciding whether to grant leave to the accused person to withdraw an election, change an election or make an election in accordance with rule 24, a Military Judge must have regard to the following:

(a) whether the withdrawal of election, change of election, or election is likely to result in a delay in the conduct of the trial;

(b) whether the accused person has previously withdrawn or changed an election;

(c) whether the accused person received legal advice prior to making an election or prior to deciding not to make an election;

(d) any other matter the Military Judge considers relevant.