Part II U.K. Discipline and Trial and Punishment of Military Offences

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 U.K.

77 Charges to be dealt with summarily or by court-martial. F2 U.K.

(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.

[F1 (4A) 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.

Textual Amendments

F1 S. 77(4A) inserted by Armed Forces Act 1981 (c. 55), s. 3(2)

Modifications etc. (not altering text)

C3 S. 77 excluded by Courts-Martial (Appeals) Act 1968 (c. 20), s. 19(4)

Textual Amendments applied to the whole legislation

F2 Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2