C1C2Part II Discipline and Trial and Punishment of Military Offences

Annotations:
Modifications etc. (not altering text)
C1

Part II extended by Reserve Forces Act 1980 (c. 9), s. 142

C2

Part II applied (1.6.1996 subject to art. 3 of the commencing S.I.) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 18(9)(a), 20(10)(a); S.I. 1996/1173, art. 2

Investigation of, and summary dealing with, charges

77 Charges to be dealt with summarily or by court-martial. C3

1

After investigation, a charge against an officer below the rank of lieutenant-colonel or against awarrant officer may, if an authority has power under the following provisions of this Part of this Act todeal with it summarily, be so dealt with by that authority (in this Act referred to as “the appropriatesuperior authority") in accordance with those provisions.

2

After investigation, a charge against a non-commissioned officer or soldier may be dealt with summarilyby his commanding officer, subject to and in accordance with the following provisions of this Part of thisAct.

3

Any charge not dealt with summarily as aforesaid shall after investigation be remanded for trial bycourt-martial.

4

Notwithstanding anything in the foregoing provisions of this section, where—

a

the commanding officer has investigated a charge against an officer or warrant officer, or

b

the commanding officer has investigated a charge against a non-commissioned officer or soldier whichis not one which can be dealt with summarily,

the commanding officer may dismiss the charge if he is of opinion that it ought not to be furtherproceeded with.

F24A

This section has effect subject to section 77A of this Act

5

References in this Act to dealing summarily with a charge are references to the taking by theappropriate superior authority or the commanding officer of the accused, as the case may require, of thefollowing action, that is to say, determining whether the accused is guilty, dismissing the charge orrecording a finding of guilty accordingly, and awarding punishment.