Defence (Amendment) Act 2007
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Insertion of new sections: appeal to summary court-martial, etc. |
26.— The following sections are inserted after section 178D (inserted by section 25 ) of the Principal Act: | |
“Appeal to summary court-martial. | ||
178E.— (1) This section and sections 178F and 178G shall apply in relation to a compensation order made under section 177C or 178C as they apply to a punishment awarded under the said section 177C or 178C, as the case may be, and for the purpose of such application references in this section and sections 178F and 178G to a punishment shall be construed as references to a compensation order. | ||
(2) A person in respect of whom, under section 177C or 178C— | ||
(a) a charge has been disposed of summarily, and | ||
(b) a determination made and punishment awarded by an authorised officer or commanding officer, as the case may be, | ||
may appeal in the manner prescribed by court-martial rules to the summary court-martial against the determination or the punishment or both the determination and the punishment. | ||
(3) An appeal under this section shall be brought— | ||
(a) within seven days beginning with the date on which the punishment was awarded (‘the initial period’), or | ||
(b) within such longer period as the summary court-martial may allow by leave given before the end of the initial period. | ||
(4) The respondent to an appeal under this section shall be the Director. | ||
Hearing of appeal by summary court-martial. | ||
178F.— (1) An appeal under section 178E against a determination shall be by way of— | ||
(a) a rehearing of the charge, and | ||
(b) except where section 178G(2) applies, a rehearing as regards punishment. | ||
(2) An appeal under section 178E against punishment shall be by way of a rehearing as regards punishment. | ||
(3) The appellant may, if he so wishes, be represented at the hearing of the appeal by counsel (within the meaning of section 196) or by an officer subject to military law. | ||
Powers of summary court-martial. | ||
178G.— (1) At a rehearing of the charge concerned under section 178F, the summary court-martial may confirm or quash the determination concerned. | ||
(2) Where the summary court-martial quashes a determination, or where there is more than one determination, every determination, made in respect of the appellant, the summary court-martial shall quash the punishment which relates to that determination or, as the case may be, those determinations. | ||
(3) At a rehearing as regards punishment under section 178F, the summary court-martial may— | ||
(a) confirm the punishment awarded, | ||
(b) quash that punishment, or | ||
(c) substitute any other punishment which it would have been within the powers of the authorised officer or commanding officer, as the case may be, who heard the charge against the appellant summarily, to award. | ||
(4) Where the summary court-martial substitutes a punishment under subsection (3)(c) of this section, the substituted punishment shall take effect on and from the date on which the original punishment was awarded or such other date as the military judge may order. | ||
(5) Where an appeal is made to the summary court-martial under section 178E, the military judge— | ||
(a) shall, if requested by the appellant or the respondent, unless the military judge considers the request frivolous, and | ||
(b) may, without request, | ||
refer any question of law arising in that appeal to the Courts-Martial Appeal Court for determination in accordance with the Courts-Martial Appeals Act 1983 .”. |