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Summary disposition of a charge against a private soldier by a subordinate officer.
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27.—The following section shall be inserted in the Principal Act after section 86 thereof:—
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“86A.—(1) A commanding officer may, in accordance with regulations to be made by the Minister in this behalf, authorise an officer serving under him (hereinafter referred to as a subordinate officer) to investigate and, subject as is in this section mentioned, to deal summarily with charges against private soldiers.
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(2) Where a private soldier is charged with any of the offences mentioned in section 80 of this Act, such subordinate officer may, if duly authorised as aforesaid and if satisfied as to the guilt of the accused, summarily award, subject to the provisions of sub-section (3) of this section, one and one only of the following punishments:—
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(i) Fines in cases of drunkenness as follows:—
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First offence, not exceeding 2/6;
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Second offence, not exceeding 5/-;
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Third offence and every subsequent offence not exceeding 10/-;
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(ii) Confinement to barracks for a period not exceeding seven days;
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(iii) Extra guards and pickets;
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(iv) Warning.
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(3) Where a subordinate officer is duly authorised as aforesaid the procedure on investigation shall be as follows:—
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(a) if upon investigation of the charge such subordinate officer is satisfied that there is no evidence disclosing an offence against this Act, he shall dismiss the charge;
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(b) if he does not dismiss the charge after investigation he shall proceed as follows:—
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(i) if the offence is one of those mentioned in section 80 of this Act and he considers the case one which should be dealt with by him summarily, he shall, in every case 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, first ask the accused whether he elects to be dealt with summarily by him or to have the case referred to the commanding officer and if the accused elects to have the case referred to the commanding officer he shall refer the case to the commanding officer who shall deal with the case in the manner mentioned in section 86 of this Act as if the case had in the first instance come before such commanding officer for investigation, but otherwise such subordinate officer shall proceed to deal summarily with the case;
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(ii) if the offence is not one of those mentioned in section 80 of this Act or, being one of those offences, he considers the case is one which should not be dealt with summarily by him, he shall refer the case to the commanding officer, who shall deal with the case in the manner mentioned in section 86 of this Act as if the case had in the first instance come before such commanding officer for investigation.”
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