Defence Forces (Temporary Provisions) Act, 1923

Investigation of a charge against an officer.

84.—(1) A charge against an officer shall in the first instance be investigated by his Commanding Officer.

(2) If the Commanding Officer is satisfied that there is no evidence disclosing an offence mentioned in this Act, or if he considers the charge ought not to be proceeded with, he shall dismiss the charge.

(3) If the Commanding Officer does not dismiss the charge he shall proceed as follows:—

(a) If the accused is an officer not under the rank of Commandant, or in the case of an officer under the rank of Commandant, if the offence is not one of those mentioned in Section 78 of this Act, he shall remand the accused for trial by Court-Martial.

(b) If the accused is an officer under the rank of Commandant, and if the offence is one of those mentioned in Section 78 of this Act, he shall refer the case to the prescribed officer.

(4) The prescribed officer upon the case being referred to him in accordance with sub-section (3) (b) of this Section, shall investigate the case and proceed as follows:—

(a) If satisfied that there is no evidence against the accused, or if he considers 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) If he considers the case is one which should be dealt with by Court-Martial, he shall remand the accused for trial by general Court-Martial.

(ii) If he does not remand the accused for trial by Court-Martial, he shall award one of the punishments mentioned in Section 79 of this Act.