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Disposition of charges against men by commanding officers.
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178.—(1) The commanding officer shall, upon investigation being had of a charge against a person subject to military law as a man under his command of having committed an offence against military law, dismiss the charge, if in his discretion he considers it should not be proceeded with, but where he considers the charge should be proceeded with he may remand the accused for trial by court-martial or, where the offender is a member of the Defence Forces, may, subject to this section and to regulations made under section 184, deal with the case summarily.
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(2) Where the commanding officer deals with a case summarily under this section and the offender is a non-commissioned officer, he may award one of the following punishments—
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(a) a fine not exceeding three pounds,
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(b) severe reprimand or reprimand.
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(3) Where the commanding officer deals with a case summarily under this section and the offender is a private or a seaman, the following provisions shall have effect, that is to say:—
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(a) the commanding officer may award one of the following punishments—
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(i) detention for any term not exceeding twenty-eight days, subject however where the offence is absence without leave to the following limitations, namely, if the period of absence exceeds seven days, the term of detention awardable shall not exceed the period of absence, and if the period of absence does not exceed seven days, the term of detention awardable shall not exceed seven days,
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(ii) a fine not exceeding two pounds,
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(iii) confinement to barracks for a term not exceeding fourteen days or, if the offender is employed on a State ship, stoppage of shore leave for a term not exceeding fourteen days,
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(iv) a warning;
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(b) the commanding officer may at the same time award the offender a fine and confinement to barracks for a term not exceeding fourteen days or, if the offender is a seaman, a fine and stoppage of shore leave for a term not exceeding fourteen days, but, save as provided by subsection (4) of this section, no other combination of punishments.
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(4) Where—
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(a) a commanding officer deals with a case summarily under this section, and
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(b) the offence charged occasioned any expense, loss, damage or destruction,
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the commanding officer may, in lieu of or in addition to any punishment which he is authorised by this section to award in respect of the offence, order that there shall be paid by the offender, 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 ten pounds, whichever is the less) as the commanding officer thinks fit.
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(5) Where a commanding officer has power to deal with a case summarily under this section, the evidence against the accused shall, if he 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 that purpose a commanding officer may administer oaths and solemn declarations.
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(6) Where a commanding officer has power to deal with a case summarily under this section and he considers, after hearing the evidence, that he may so deal with the case, he shall, where the proposed award or finding involves a fine or the forfeiture of or a deduction from pay or where he proposes to make an order under subsection (4) of this section, ask the accused whether he desires to be dealt with summarily or to be tried by court-martial and, if the accused elects to be tried by court-martial, he shall remand him for trial by court-martial but otherwise shall proceed to deal with the case summarily.
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(7) Where a commanding officer remands an accused person for trial by court-martial under this section, then, unless the accused has elected under subsection (6) of this section to be tried by court-martial, any officer having power to convene a court-martial may direct that the charge (with such alterations, amendments and additional charges as he thinks fit) shall be referred back to the commanding officer and thereupon the commanding officer shall either dismiss or, subject to subsection (6) of this section, deal summarily with the charge or charges as so referred back.
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(8) Where—
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(a) a man is remanded for trial by court-martial under subsection (1) of this section and no direction is given under subsection (7) of this section, or
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(b) a man is remanded for trial by court-martial under subsection (6) of this section,
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the commanding officer shall apply to the authorised convening authority to convene the appropriate court-martial for the trial of the man.
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