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Disposition of charges against privates and seamen by subordinate officers.
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179.—(1) A commanding officer may, subject to and in accordance with regulations made under this Chapter, delegate to any officer under his command the power of disposing of charges against privates or seamen who are under the command of such last-mentioned officer, and every officer to whom such power is delegated shall be for the purposes of this section a subordinate officer.
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(2) A subordinate officer shall, upon investigation being had of a charge against a private or a seaman, who is a person subject to military law, 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 refer the charge to the commanding officer who shall deal with the case under section 178 or he may himself deal with the case summarily.
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(3) Where a subordinate officer deals with a case summarily, under this section, he may award one of the following punishments, that is to say:—
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(a) a fine not exceeding one pound,
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(b) confinement to barracks for any period not exceeding seven days, or if the offender is employed on a State ship, stoppage of shore leave for a period not exceeding seven days,
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(c) a warning.
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(4) Where—
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(a) a subordinate 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 subordinate 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 three pounds, whichever is the less) as the subordinate officer thinks fit.
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(5) Where a subordinate 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 in the case the same oath or solemn declaration as that required to be taken by a witness before a court-martial, and for that purpose a subordinate officer may administer oaths and solemn declarations.
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(6) Where a subordinate 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 have the case referred to the commanding officer and, if the accused elects to have the case referred to the commanding officer, he shall refer the case to the commanding officer but otherwise shall proceed to deal with the case summarily.
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