Defence (Amendment) Act 2007
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Chapter 5 Punishments awardable by Courts-martial for Offences against Military Law | ||
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Amendment of section 209 of Principal Act (punishments which may be awarded to officers by courts-martial). |
57.— Section 209 of the Principal Act is amended— | |
(a) by substituting the following for subsection (1): | ||
“(1) Subject to section 192, punishments may be awarded in respect of offences against military law committed by persons subject to military law as officers and convicted by court-martial according to the following scale: | ||
SCALE. | ||
A. Imprisonment for life or any specified period. | ||
B. Dismissal with disgrace from the Defence Forces. | ||
C. Dismissal from the Defence Forces. | ||
D. Where the person convicted is an officer, reduction to any lower commissioned rank. | ||
E. Forfeiture of all seniority of rank or of a specified term of seniority. | ||
F. Reduction to any lower point on the scale of pay for the rank held. | ||
G. (a) In the case of a person subject to military law as an officer under section 118(1)(a), (b) or (c), a fine not exceeding fourteen days’ pay of the person at the most recent rate payable. | ||
(b) In the case of a person subject to military law as an officer under section 118(1)(d) or (e), a fine not exceeding the maximum fine awardable for the time being by a court-martial to an officer holding the rank of second lieutenant who is in receipt of the maximum pay applicable to that rank. | ||
(c) In the case of a person who is not a member of the Defence Forces but who was an officer when the offence was committed, a fine not exceeding an amount equal to fourteen days’ pay at the most recent rate applicable to his former rank. | ||
H. Severe reprimand. | ||
I. Reprimand.”, | ||
(b) by substituting the following for subsection (5): | ||
“(5) (a) Where an officer is sentenced to a term of imprisonment of more than six months, the military judge shall, in addition, sentence him to dismissal with disgrace from the Defence Forces or dismissal from the Defence Forces. | ||
(b) Where an officer is sentenced to a term of imprisonment of six months or less (other than under section 208(2)), the military judge may, in addition, sentence him to dismissal with disgrace from the Defence Forces or dismissal from the Defence Forces or reduction to any lower commissioned rank.”, | ||
(c) by substituting the following for subsection (6A) (inserted by the Defence (Amendment) Act 1987 ): | ||
“(6A) An officer sentenced by a court-martial to reduction in rank may, in addition, be sentenced to— | ||
(a) reduction to any lower point on the scale of pay for that rank and forfeiture of a specified term of seniority or all seniority in respect of the rank to which the officer is sentenced to be reduced, or | ||
(b) to a fine or severe reprimand or reprimand, | ||
or both.”, | ||
(d) by substituting the following for subsection (7): | ||
“(7) An officer sentenced by a court-martial to forfeiture of seniority of rank may, in addition, be sentenced to reduction to any lower point on the scale of pay for the rank held, or to a fine or severe reprimand or reprimand.”, | ||
(e) by inserting the following after subsection (7): | ||
“(7A) An officer sentenced by a court-martial to reduction to a lower point on the scale of pay for the rank held may, in addition, be sentenced to a fine or severe reprimand or reprimand.”, | ||
and | ||
(f) in subsection (8), by substituting “disgrace” for “ignominy”. |