Part 6Summary Hearing and Appeals and Review

Chapter 4Summary Hearings etc Rules

I1I2153Summary hearings etc rules

1

The Secretary of State may by rules make provision with respect to—

a

the summary hearing of charges by commanding officers;

b

hearings as regards the making of orders under section 193 (activation of suspended sentence of service detention).

F31A

Without prejudice to the generality of subsection (1), the Secretary of State may by rules make provision with respect to the variation or rescission by a commanding officer of—

a

a punishment awarded by the officer, or

b

an order under section 193 made by the officer,

in cases where it appears to the officer that the officer had no power to award the punishment or (as the case may be) to make the order.

2

Rules under this section may in particular make provision—

a

as to the practice and procedure to be followed at hearings;

b

as to evidence at hearings;

c

for the delegation by a commanding officer of any of his functions;

d

as to applications for F1, and grants of, extended powers;

e

as to applications for F2, and grants of, permission to hear summarily charges of a kind mentioned in section 54;

f

requiring prescribed persons to be notified of prescribed matters.

F42A

Rules made under subsection (1A) may make provision about the commencement of punishments or orders varied by the commanding officer.

3

In subsection (2) F5“prescribed” means prescribed by rules under this section.

F5a

“prescribed” means prescribed by rules under this section

F6b

references to hearings include any proceedings for determining whether a punishment, or an order under section 193, should be varied or rescinded.