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Chapter III.
Investigation of charges against Officers.
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Charges against officers.
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49.—(1) A charge against a person subject to military law as an officer shall in the first instance be investigated by his commanding officer or, if the Adjutant-General so directs, by such other officer as the Adjutant-General may appoint for the purpose.
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(2) The officer investigating a charge under the immediately preceding sub-section shall—
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(a) in case the officer charged holds the rank of Commandant or any higher rank, do one of the following things, that is to say:—
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(i) dismiss the charge,
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(ii) take steps to bring the officer charged to trial by court-martial;
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(b) in any other case, do one of the following things, that is to say:—
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(i) dismiss the charge,
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(ii) take steps to bring the officer charged to trial by an authorised officer,
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(iii) take steps to bring the officer charged to trial by court-martial.
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(3) Where an officer charged is brought to trial before an authorised officer, such authorised officer shall, subject to the provisions of the next following sub-section, do one of the following things, that is to say:—
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(a) dismiss the charge;
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(b) award one of the following punishments, namely:—
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(i) a fine not exceeding five pounds,
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(ii) a severe reprimand,
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(iii) a reprimand;
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(c) remand the officer charged for trial by court-martial.
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(4) Where an authorised officer has power to deal summarily with a case under this section, the evidence against the accused shall, if he so demands, be taken on oath, and in such cases there shall be administered to each witness the same oath or solemn declaration as that required to be taken by a witness before a court-martial, and for that purpose an authorised officer may administer oaths and solemn declarations.
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(5) Where an authorised officer remands an officer for trial by court-martial, the officer who investigated the charge in the first instance shall take steps for bringing to trial by court-martial the officer so remanded.
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(6) The Minister may make regulations specifying the officers who are to be authorised officers for the purposes of this section, and every officer so specified shall be an authorised officer for the said purposes.
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