Part II Discipline and Trial and Punishment of Air-Force Offences
Investigation of, and summary dealing with, charges
77 Charges to be dealt with summarily or by court-martial. C1
1
After investigation, a charge against an officer below the rank of F2wing commander or against a warrant officer may, if an authority has power under the following provisions of this Part of this Act to deal with it summarily, be so dealt with by that authority (in this Act referred to as “the appropriate superior authority”) in accordance with those provisions.
2
After investigation, a charge against a non-commissioned officer or airman may be dealt with summarily by his commanding officer, subject to and in accordance with the following provisions of this Part of this Act.
3
Any charge not dealt with summarily as aforesaid shall after investigation be remanded for trial by court-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 airman which is 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 further proceeded with.
F34A
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 the appropriate superior authority or the commanding officer of the accused, as the case may require, of the following action, that is to say, determining whether the accused is guilty, dismissing the charge or recording a finding of guilty accordingly, and awarding punishment.