Defence Forces (Temporary Provisions) Act, 1923
|
Trial of offences. |
231.—(1) Any offence, which under this Act is punishable on conviction by Court-Martial, shall for the purposes of and incidental to the arrest, trial and punishment of the offender, including the summary dealing with the case by his Commanding Officer, be deemed to be an offence under Part II . of this Act with this modification that reference in Part II . of this Act to forfeitures and stoppages shall be construed to refer to such forfeitures and stoppages as may be prescribed. | |
(2) Any offence which under this Part of this Act is punishable on conviction by a Court of Summary Jurisdiction may be prosecuted, and any fine recoverable on such conviction may be recovered in manner provided by Section one hundred and ninety-nine of this Act (in like manner as if that Section was herein re-enacted and in terms made applicable to this Part of this Act). | ||
(3) Save as provided by the said Section one hundred and ninety-nine the minimum fixed by this Part of this Act for the amount of any fine or for the term of any imprisonment shall be duly observed by Courts of Summary Jurisdiction and shall notwithstanding anything contained in any other Act not be reduced by way of mitigation or otherwise. | ||
(4) For the purposes of this Section the expression “tried by Court-Martial” shall include “summarily dealt with.” |