The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009

Applications to hear charges summarily

5.—(1) If—

(a) the charge is one in respect of an offence within section 54(2) of the Act, and

(b) the commanding officer is below the rank of rear admiral, major-general or air vice-marshal,

this rule applies.

(2) If he considers that the charge should be heard summarily the commanding officer shall make an application to higher authority for permission to hear the charge.

(3) Any application under paragraph (2) shall be made as soon as reasonably practicable and shall contain—

(a) the commanding officer’s reasons for considering that the charge should be heard summarily;

(b) a copy of the charge sheet;

(c) a copy of the written evidence relevant to the charge;

(d) a copy of any unused written material gathered as part of the investigation of the charge;

(e) a copy of any disciplinary record of the accused; and

(f) any other material which may in the opinion of the commanding officer be relevant to the application.

(4) Where an application under paragraph (2) is granted the commanding officer shall provide the accused with a copy of the notification from higher authority that the application has been granted.