105A Referral of charge to Director of Military Prosecutions before dealing with charge under section 109 or 110
(1) This section applies if:
(a) a person has been charged with a service offence; and
(b) the charge has not yet been dealt with under section 109 or 110.
(2) The charge may be referred to the Director of Military Prosecutions by:
(a) a commanding officer in relation to the person; or
(b) an officer who is superior to a commanding officer.
(3) If a charge is referred to the Director of Military Prosecutions under this section, the charge may only be dealt with by a summary authority under section 109 or 110 in accordance with paragraph 103(1)(b).