Defence (Amendment) Act 2007
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Insertion of new sections: appeal to commanding officer, etc. |
29.— The following sections are inserted after section 179C (inserted by section 28 ) of the Principal Act: | |
“Appeal to commanding officer. | ||
179D.— (1) This section and section 179E shall apply in relation to a compensation order made under section 179C as they apply to a punishment awarded under the said section 179C, and for the purpose of such application references in this section and section 179E to a punishment shall be construed as references to a compensation order. | ||
(2) A private or seaman in respect of whom, under section 179C— | ||
(a) a charge has been disposed of summarily, and | ||
(b) a determination made and punishment awarded by a subordinate officer, | ||
may appeal in the prescribed manner to a commanding officer against the determination or the punishment awarded (or both). | ||
(3) An appeal under this section shall be brought— | ||
(a) within two days beginning on the date on which the punishment was awarded (‘the initial period’), or | ||
(b) within such longer period as the commanding officer of the private or seaman concerned may allow, by leave given before the end of the initial period, which longer period shall not exceed five days beginning on the date on which the punishment was awarded. | ||
Hearing of appeals by commanding officer. | ||
179E.— (1) An appeal under section 179D against a determination shall be by way of a rehearing of the charge and a rehearing as regards punishment. | ||
(2) An appeal under section 179D against punishment shall be by way of a rehearing as regards punishment. | ||
(3) The appellant is entitled to have an assisting person present at but not participating in the hearing of the appeal. | ||
(4) Subsections (2) to (11) of section 178C and section 178D shall apply, with any necessary modifications, to the hearing of an appeal under this section as they apply for the purpose of the summary disposal of a charge under the said section 178C.”. |