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Amendment of section 85 of the Principal Act,
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25.—The following section shall be substituted for section 85 of the Principal Act:—
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“85.—(1) A charge against a non-commissioned officer shall in the first instance be investigated by his commanding officer who after such investigation shall proceed as follows:—
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(a) If satisfied that there is no evidence disclosing an offence against this Act or if he considers the charge ought not to be proceeded with he shall dismiss the charge.
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(b) If he does not dismiss the charge he shall proceed as follows:—
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(i) If the offence is not one of those mentioned in section 80 of this Act, or, being one of the offences mentioned in section 80 of this Act, he considers the case is one which should be dealt with by court martial, he shall remand the accused for trial by court martial.
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(ii) If he considers the case is one which should be dealt with summarily, he shall, where the finding involves an automatic forfeiture of pay under paragraphs (a) or (g) of section 128 of this Act or where he proposes to award a fine or a deduction from pay, first ask the non-commissioned officer charged whether he desires to be dealt with summarily or to be tried by court martial, and if the non-commissioned officer elects to be tried by court martial he shall remand him for trial by court martial, but otherwise shall proceed to deal summarily with the case.
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(2) Where a non-commissioned officer has been charged with any of the offences mentioned in section 80 of this Act and has been remanded by his commanding officer for trial by court martial other than as a result of the accused electing to be tried by court martial, the officer having authority to convene such court martial may, if he consider it proper, return the case to the commanding officer with instructions to deal summarily with the case and thereupon such commanding officer shall re-hear the case and deal summarily with it subject to the provisions of this section.”
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