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Amendment of section 86 of the Principal Act.
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26.—The following section shall be substituted for section 86 of the Principal Act:—
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“86.—(1) A charge against a private soldier shall, subject to the provisions of section 86A of this Act, in the first instance be investigated by his commanding officer, who after such investigation shall proceed as follows:—
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(a) If he is 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. (i) If the offence is one of those mentioned in section 80 of this Act and if he considers the offence 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 the offence is one of those mentioned in section 80 of this Act and he considers the case is one which should be dealt with summarily, he shall, where the finding or award which he proposes to make involves an automatic forfeiture of pay under paragraphs (a) (d) (f) or (g) of section 128 of this Act, or where he proposes to award a fine or a deduction from pay, first ask the private soldier charged whether he desires to be dealt with summarily or to be tried by court martial, and if the private soldier 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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II. (i) If the offence is not one of those mentioned in section 80 of this Act and he considers the case is one which should not be dealt with by court martial, he shall apply to the prescribed officer for authority to deal with the case in the same manner as if the offence had been one of those mentioned in section 80 of this Act and on receiving such authority from such prescribed officer (who is hereby empowered to grant such authority if he thinks fit) he shall deal summarily with the case but subject to the provisions of this section as regards the accused's right to elect to be tried by court martial. In the event of such authority being withheld he shall remand the accused for trial by court martial.
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(ii) If the offence is not one of those mentioned in section 80 of this Act and he does not apply for authority to deal with the case summarily, he shall remand the accused for trial by court martial.
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(2) Where a private soldier has been charged with an offence against this Act and has been remanded by his commanding officer for trial by court martial other than as the result of the accused electing to be tried by court martial, the officer having power 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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