Defence Forces (Temporary Provisions) Act, 1923 (Continuance and Amendment) Act, 1924

Amendment of section 82 of the Principal Act.

22.—The following section shall be substituted for section 82 of the Principal Act:—

“82.—(1) Where a private soldier is charged with any of the offences mentioned in section 80 of this Act, the commanding officer of the accused may, if satisfied as to the guilt of the accused, and subject to the provisions of section 86 of this Act, summarily award any of the following punishments:—

(i) Detention for a period not exceeding twenty-eight days; in cases of absence without leave for a period not exceeding seven days, detention shall not be awarded for a period exceeding seven days; where the absence exceeds seven days, detention may be awarded for a period equal to the period of absence without leave, but in no case for a period exceeding twenty-eight days;

(ii) In case of offences other than drunkenness fine not exceeding £2;

(iii) Fines in cases of drunkenness as follows:—

First offence, not exceeding 5s.;

Second offence, not exceeding 10s.;

Third and every subsequent offence, not exceeding 30s.;

(iv) Confinement to barracks for a period not exceeding 14 days;

(v) Extra guards and pickets:

(vi) Warning;

(vii) Any deduction from pay authorised by this Act to be made by a commanding officer pursuant to paragraph (c) of section 131 of this Act.

(2) A commanding officer in awarding punishment, may in a proper case, at the same time, sentence a private soldier to—

(a) Detention, fine for drunkenness and the deduction from pay mentioned in paragraph (vii) of sub-section (1) of this section; or

(b) Fine for drunkenness, confinement to barracks, and the deduction from pay mentioned in paragraph (vii) of sub-section (1) of this section; or

(c) The deduction from pay mentioned in paragraph (vii) of sub-section (1) of this section and any one of the other punishments mentioned in sub-section (1) of this section.

(3) No combination of punishments by a commanding officer shall be lawful save those mentioned in sub-section (2) of this section.

(4)—(a) For the purposes of this sub-section, any punishment mentioned in sub-section (1) of this section shall be deemed to be less than the punishment preceding it in the same sub-section.

(b) When a commanding officer has awarded any punishment or punishments in accordance with this section, the prescribed officer may mitigate or remit such punishment or punishments or commute or reduce such award for any less punishment or punishments to which the offender might have been sentenced by his commanding officer.”