Defence Forces (Temporary Provisions) Act, 1923
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Investigation of a charge against a non-commissioned officer. |
85.—(1) A charge against a non-commissioned officer shall in the first instance be investigated by his Company-Commander. | |
(2) If the Company-Commander is satisfied that there is no evidence disclosing an offence mentioned in this Act, he shall dismiss the charge. | ||
(3) If the Company-Commander does not dismiss the charge, he shall refer the case to the Commanding Officer. | ||
(4) The Commanding Officer, upon the case being referred to him in accordance with sub-section (3) of this Section, shall investigate the case and proceed as follows:— | ||
(a) If 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. | ||
(b) If he does not dismiss the charge he shall proceed as follows:— | ||
(i) If the offence is not one of those mentioned in Section 80 of this Act, or being one of the offences mentioned in Section 80 of this Act, he considers the case is one which should be dealt with by Court-Martial, he shall remand the accused for trial by Court-Martial. | ||
(ii) If the charge is one of those mentioned in Section 80 of this Act, and if he does not remand the accused for trial by Court-Martial, he shall award one of the punishments mentioned in Section 81 of this Act. |