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(1)The second column of the following Table lists the punishments that may be awarded by a commanding officer who has heard a charge summarily, subject in the case of each punishment to any limitation shown in the third column opposite it.
Row Number | Punishment | Limitation |
---|---|---|
1 | detention for a term not exceeding the maximum allowed by section 133 | only if the person being punished is of or below the rank of— (a) leading rate; (b) lance corporal or lance bombardier; (c) corporal in any of Her Majesty's air forces [F1(but see subsection (1A))] |
2 | forfeiture of a specified term of seniority or of all seniority | only if the person being punished is an officer, and only in accordance with section 134 |
3 | reduction in rank, or disrating | only if the person being punished is a warrant officer or non-commissioned officer, only in accordance with section 135, and not to an extent prohibited by regulations under section 135(4) |
4 | a fine not exceeding the maximum amount allowed by section 136 | |
5 | a severe reprimand or a reprimand | only if the person being punished is an officer, warrant officer or non-commissioned officer |
6 | a service supervision and punishment order (defined by section 173) | only if the person being punished is an able rate, marine, soldier or airman |
7 | such minor punishments as may from time to time be authorised by regulations made by the Defence Council | |
8 | a service compensation order (defined by section 175) of an amount not exceeding the maximum allowed by section 137 |
[F2(1A)In this section and section 133 references to a corporal in any of Her Majesty's air forces do not include a corporal in the Royal Air Force Regiment.]
(2)Subsection (1) is subject to (in particular)—
(a)section 138 (prohibited combinations of punishments) and any regulations made under that section;
(b)Chapter 1 of Part 9 (general provisions about sentencing).
(3)Where regulations under row 7 of the Table authorise a minor punishment, they may—
(a)confer on the offender's commanding officer a power, when awarding the punishment, to direct that the punishment shall take effect from a date after the date of the award;
(b)confer on the offender's commanding officer the function of deciding the details of the punishment;
(c)provide for the delegation by the commanding officer of any of his functions under the regulations.
Textual Amendments
F1Words in s. 132(1) Table inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), ss. 12(1)(a), 32(3); S.I. 2012/669, art. 4(a)
F2S. 132(1A) inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), ss. 12(1)(b), 32(3); S.I. 2012/669, art. 4(a)
Commencement Information
I1S. 132 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
I2S. 132 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
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