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Yn ddilys o 01/04/1997
Textual Amendments
F1Crossheading before s. 52B inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. I para. 13; S.I. 1997/304, art. 2 (with art. 3)
(1)This section applies where a charge is to be tried summarily.
(2)If the commanding officer considers that, if the charge were proved, he would award a punishment—
(a)in the case of a warrant officer, of disrating, a fine or stoppages;
(b)in the case of any other rating, of dismissal from Her Majesty’s service, detention or disrating,
he shall afford the accused an opportunity of electing court-martial trial.
(3)If the accused so elects and does not withdraw his election with leave, the commanding officer shall refer the charge to higher authority with a view to the trial of the accused by court-martial.
(4)If a charge has been referred to higher authority as a result of an election for court-martial trial, and that election is withdrawn with leave, the higher authority shall refer the charge back to the commanding officer of the accused to be tried summarily.
(5)If, in the course of trying the charge, the commanding officer considers that it should not be tried summarily, he may refer the charge to higher authority.
(6)If the commanding officer determines that the charge has not been proved, he shall acquit the accused.
(7)If the commanding officer determines that the charge has been proved, he shall record a finding of guilt and award punishment accordingly.
(8)A commanding officer shall not have power on a summary trial to award a sentence of dismissal with disgrace from Her Majesty’s service, a sentence of imprisonment or a sentence of detention for any term exceeding three months.]
Textual Amendments
F2SS. 52B-52G inserted (1.4.1997 with savings) by 1996 c. 46, s. 5, Sch. 1 Pt. I para. 13; S.I. 1997/304, art. 2 (with art. 3)
Textual Amendments applied to the whole legislation
F3Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions