Section 124:
Choice between criminal court and court-martial.
When a criminal court and a courtmartial
have each jurisdiction in respect of an offence, it shall be in the discretion of1
[the Chief of the Air
Staff], the officer commanding any group, wing or station in which the accused prisoner is serving of
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 Air force custody.
Notes:
1. Subs. by Act 19 of 1955, s. 2 and the Schedule, for "the Commander-in-Chief", (w.e.f. 7-5-1955).