Valid from 01/04/1997
F176C Punishments available on summary dealings.F2U.K.
(1)This section applies where a commanding officer or appropriate superior authority records a finding that a charge against an accused has been proved.
(2)The commanding officer may award one or more of the following punishments—
(a)if the offender is an airman, detention for a period not exceeding 60 days;
(b)fine;
(c)if the offender is a non-commissioned officer, severe reprimand or reprimand;
(d)where the offence has occasioned any expense, loss or damage, stoppages;
(e)any minor punishment for the time being authorised by the Defence Council.
(3)The appropriate superior authority may award one or more of the following punishments—
(a)except in the case of a warrant officer, forfeiture of seniority for a specified term or otherwise;
(b)fine;
(c)severe reprimand or reprimand;
(d)where the offence has occasioned any expense, loss or damage, stoppages.
(4)The commanding officer may not award a fine or minor punishment for an offence for which he awards detention.
(5)The appropriate superior authority may not award a fine for an offence for which he awards forfeiture of seniority.
(6)Except in the case of an offence against section 70 of this Act, the amount of a fine shall not exceed the amount of the offender’s pay for twenty-eight days.
(7)In the case of an offence against section 70 of this Act where the corresponding civil offence is a summary offence, the amount of a fine shall not exceed—
(a)the amount of the offender’s pay for twenty-eight days; or
(b)(if less) the maximum amount of the fine which could be imposed by a civil court on summary conviction.
(8)In the case of an offence against section 70 of this Act where the corresponding civil offence is an indictable offence, the amount of a fine shall not exceed—
(a)the amount of the offender’s pay for twenty-eight days; or
(b)(if less) the maximum amount of the fine which could be imposed by a civil court on conviction on indictment.
(9)A day’s pay shall be taken, for the purposes of subsections (6) to (8) above, to be the gross pay that is, or would (apart from any forfeiture) be, issuable to the offender in respect of the day on which punishment is awarded in respect of the offence.
(10)If the offender is an acting warrant officer or non-commissioned officer, the commanding officer may, if he awards no other punishment or no other punishment except stoppages, order the offender—
(a)to revert to his permanent rank; or
(b)to assume an acting rank lower than that held by him but higher than his permanent rank.
Textual Amendments
F1S. 76C inserted (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)
Textual Amendments applied to the whole legislation
F2Act: 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