Air Force Act 1955 (repealed)

78 Further proceedings on charges against N.C.O.s and airmen. F7 U.K.

(1) The following provisions of this section shall have effect where the commanding officer has investigated a charge against a non-commissioned officer or airman [F1 and has not stayed further proceedings thereon].

(2) If—

(a) the charge is not one which can be dealt with summarily and the commanding officer has not dismissed it, or

(b) the charge is one which can be dealt with summarily but the commanding officer is of opinion that it should not be so dealt with,

he shall take the prescribed steps with a view to the charge being tried by court-martial.

[F2 (3) Otherwise, the commanding officer shall proceed to deal with the charge summarily; and if he records a finding of guilty, he may award one or more of the following punishments—

(a) if the accused is an airman, detention for a period not exceeding [F3 60] days,

(b) fine,

(c) if the accused is a non-commissioned officer, severe reprimand or reprimand,

(d) where the offence has occasioned any expense, loss or damage, stoppages, and

(e) any minor punishment for the time being authorised by the Defence Council:

Provided that no fine or minor punishment shall be awarded for an offence for which detention is awarded:

And provided also that the amount of a fine that may be awarded—

(a) except in the case of an offence against section 70 of this Act, shall not exceed the amount of the offender’s pay for F4 twenty-eight days, and

(b) in the said excepted case—

(i) in any case, shall not exceed the amount of the offender’s pay for F4 twenty-eight days, and

(ii) where the said civil offence is punishable by a civil court in England only on summary conviction, and is so punishable by any fine of a maximum amount less than the amount limited by sub-paragraph (i) above, shall not exceed that maximum, and

(iii) where the said civil offence is punishable by a civil court in England on indictment by a fine of a maximum amount less than the amount so limited (whether or not it is also punishable on summary conviction) shall not exceed that maximum,

a day’s pay being taken for the purposes of this proviso, as regards a person found guilty of any offence, as the gross pay that is, or would (apart from any forfeiture) be, issuable to that person in respect of the day on which punishment is awarded in respect of the offence.]

(4) Where the accused is an acting warrant officer or non-commissioned officer, and the commanding officer finds him guilty, the commanding officer may, if he awards no other punishment or no other punishment except stoppages, order the accused to revert to his permanent rank [F5 or to assume an acting rank lower than that held by him but higher than his permanent rank.]

(5) Notwithstanding anything in subsection (3)

of this section, where the commanding officer [F6 considers] that the accused is guilty and if the charge is dealt with summarily will award a punishment other than severe reprimand, reprimand or a minor punishment, or where a finding of guilty (whatever the punishment awarded) will involve a forfeiture of pay, the commanding officer shall not record a finding until after affording the accused an opportunity of electing to be tried by court-martial; and if the accused so elects and does not subsequently in accordance with Queen’s Regulations withdraw his election, the commanding officer shall not record a finding but shall take the prescribed steps with a view to the charge being tried by court-martial.

(6) Where a charge is one which can be dealt with summarily, but the commanding officer has taken steps with a view to its being tried by court-martial, any higher authority to whom the charge is referred may refer the charge back to the commanding officer to be dealt with summarily; and on any such reference the three last foregoing subsections shall apply as if the commanding officer had originally been of opinion that the charge should be dealt with summarily:

Provided that a charge shall not be referred back where the accused has elected to be tried by court-martial and has not withdrawn his election.

Textual Amendments

F1 Words added by Armed Forces Act 1981 (c. 55), s. 3(4)

F2 S. 78(3)substituted by Armed Forces Act 1971 (c. 33), ss. 37(1), 78(4)

F3 Word substituted by Armed Forces Act 1976 (c. 52), s. 5(1)

F4 Words repealed by armed Forces Act 1976 (c. 52), Sch. 10

F5 Words added by Army and Air Force Act 1961 (c. 52), s. 22

F6 Word substituted by Armed Forces Act 1981 (c. 55), Sch. 2 para. 1

Modifications etc. (not altering text)

C1 S. 78 excluded by Courts-Martial (Appeals) Act 1968 (c. 20), s. 19(4); amended by Armed Forces Act 1976 (c. 52), s. 5(2)

Textual Amendments applied to the whole legislation

F7 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