Defence Forces (Temporary Provisions) Act, 1923
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Investigation of a charge against a private soldier. |
86.—(1) A charge against a private soldier shall in the first instance be investigated by his Company-Commander. | |
(2) If the Company-Commander is satisfied that there is no evidence disclosing an offence mentioned in this Act, or if he considers that the charge ought not to be proceeded with, he shall dismiss the charge. | ||
(3) If the Company Commander does not dismiss the charge, he shall proceed as follows:— | ||
(a) If the offence is one of those mentioned in Section 80 of this Act, and if he considers that the punishments he is entitled to award in accordance with Section 83 of this Act, meet the case, he shall award one of those punishments. | ||
(b) If the offence is not one of those mentioned in Section 80 of this Act, or being one of those offences he considers the punishment he is entitled to award does not meet the case, he shall refer the case to the Commanding Officer. | ||
(4) The Commanding Officer, upon the case being referred to him in accordance with sub-section (3) (b) of this section, shall investigate the charge and proceed as follows:— | ||
(a) If he is satisfied that there is no evidence disclosing an offence mentioned in this Act, or if he considers that the charge ought not to be proceeded with, he shall dismiss the charge. | ||
(b) If he does not dismiss the charge he shall proceed as follows:— | ||
I.—(a) 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. | ||
(b) If he does not remand the accused for trial by Court-Martial he shall award one of the punishments mentioned in Section 82 of this Act. | ||
II.—(a) If the offence is not one of those mentioned in Section 80 of this Act, and he considers the case one which should 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 with the case accordingly, and award one of the punishments mentioned in Section 82 of this Act. In the event of such authority being withheld, he shall remand the accused for trial by Court-Martial. | ||
(b) 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, as aforesaid, he shall remand the accused for trial by Court-Martial. |