Modifications etc. (not altering text)
C1Pt. II (ss. 24-143) applied (1.6.1996) by Armed Force Act 1991 (c. 62, SIF 7:1), ss. 18(9)(b), 20(10)(b); S.I. 1996/1173, art. 2
(1)This section applies where a charge is to be dealt with summarily by a commanding officer or appropriate superior authority.
(2)References in this Act to dealing summarily with a charge are references to the taking of the following action, namely, determining whether the charge is proved and, accordingly, either dismissing the charge or recording a finding that the charge has been proved and awarding punishment.
(3)If, before determining whether the charge is proved, he considers it appropriate to do so, the commanding officer or appropriate superior authority may amend the charge or substitute another charge for it and treat the amended or substituted charge as the charge to be dealt with summarily by him.
(4)If, before determining whether the charge is proved, he considers that it should not be dealt with summarily, the commanding officer or appropriate superior authority may refer the charge to higher authority.
F2(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)[F3If the commanding officer or appropriate superior authority determines that the charge has been proved, he] shall record a finding that the charge has been proved and award punishment accordingly.
F2(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)This section has effect subject to any power of the commanding officer or appropriate superior authority under section 103A(1) below to direct that the charge be tried by a field general court-martial.
(10)Nothing in this section or section 76A [F4or 76AA] above shall be taken to prevent an officer from acting as both higher authority and appropriate superior authority in relation to a charge.
Textual Amendments
F1Ss. 76-76C substituted for s. 76 (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. I para. 7; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F2S. 76B(5)(6)(8) repealed (2.10.2000) by 2000 c. 4, ss. 11(3)(a), 27, Sch. 4; S.I. 2000/2366, art. 2 (with transitional provisions in art. 3, Sch. para. 14)
F3Words in s. 76B(7) substituted (2.10.2000) by 2000 c. 4, s. 11(3)(b); S.I. 2000/2366, art. 2 (with transitional provisions in art. 3, Sch. para. 14)
F4Words in s. 76B(10) inserted (2.10.2000) by 2000 c. 4, s. 11(3)(c); S.I. 2000/2366, art. 2 (with transitional provisions in art. 3, Sch. para. 14)
Textual Amendments applied to the whole legislation
F5Act: 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