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Charges against officers.
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177.—(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 officer as the Adjutant-General may appoint for the purpose.
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(2) The officer investigating a charge under subsection (1) of this section shall—
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(a) in case the officer charged holds the rank of commandant or lieutenant-commander or any higher commissioned rank, do one of the following things, that is to say:—
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(i) dismiss the charge, if in his discretion he considers it should not be proceeded with,
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(ii) remand the officer charged for trial by court-martial if he considers the charge should be proceeded with;
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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, if in his discretion he considers it should not be proceeded with,
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(ii) subject to regulations made under section 184 refer the charge for trial by an authorised officer,
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(iii) remand the officer charged for trial by court-martial if he considers the charge should be proceeded with.
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(3) Where an officer (in this subsection referred to as the officer charged) holding the army rank of captain or the naval rank of lieutenant or lower commissioned rank is brought for trial before an authorised officer, the following provisions shall have effect, that is to say:—
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(a) the authorised officer—
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(i) shall, after hearing the evidence or without hearing the evidence, dismiss the charge, if in his discretion he considers it should not be proceeded with or, where he considers the charge should be proceeded with, remand the officer charged for trial by court-martial, or
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(ii) may, after hearing the evidence or, if the officer charged consents to the attendance of witnesses being dispensed with, after reading a summary or abstract of the evidence, deal, subject to paragraph (c) of this subsection, with the case summarily and award one of the following punishments, namely—
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(I) a fine not exceeding five pounds,
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(II) severe reprimand,
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(III) reprimand;
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(b) the evidence against the officer charged taken before the authorised officer shall, if the officer charged so demands, be taken on oath, and in that event 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 this purpose the authorised officer may administer oaths and solemn declarations;
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(c) where the authorised officer proposes to deal with the case summarily under paragraph (a) of this subsection, he shall, if his proposed award is a fine or involves a forfeiture of, or a deduction from pay, or if he proposes to make an order under paragraph (f) of this subsection, ask the officer charged whether he desires to be dealt with summarily or to be tried by court-martial and, if the officer charged elects to be tried by court-martial, the authorised officer shall remand the officer charged for trial by court-martial but otherwise shall proceed to deal with the case summarily;
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(d) where the authorised officer remands the officer charged for trial by court-martial under paragraph (a) of this subsection, then, unless the officer charged has elected under paragraph (c) of this subsection to be tried by court-martial, any officer having power to convene a general court-martial may direct that the charge (with such alterations, amendments and additional charges as he thinks fit) be referred back to an authorised officer and thereupon the authorised officer shall either dismiss or, subject to paragraph (c) of this subsection, deal summarily with the charge or charges as so referred back;
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(e) where—
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(i) the officer charged is remanded for trial by court-martial under paragraph (a) of this subsection and no direction is given under paragraph (d) of this subsection, or
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(ii) the officer charged is remanded for trial by court-martial under paragraph (c) of this subsection,
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the officer who remanded the officer charged for trial by court-martial shall apply to the authorised convening authority to convene a general court-martial to try the officer charged;
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(f) where—
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(i) the authorised officer deals with the case summarily, and
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(ii) the offence charged occasioned any expense, loss, damage or destruction,
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the authorised officer may, in lieu of or in addition to any punishment which he is authorised by paragraph (a) of this subsection to award in respect of the offence, order that there shall be paid by the officer charged, as compensation for the expense, loss, damage or destruction so occasioned, such sum (not exceeding the amount required to make good such expense, loss, damage or destruction or the sum of fifteen pounds, whichever is the less) as the authorised officer may direct.
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