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Insertion of new sections: notice, right to elect, summary disposal and remand.
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25.— The following sections are inserted after section 178 of the Principal Act:
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“Notice.
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178A.— Where a charge against a person referred to in section 178(1) is to be investigated by a commanding officer, the person charged shall be entitled to receive, in the prescribed manner, at least 24 hours before the charge is to be so investigated—
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(a) written notice in the prescribed form of the date on which and the time and place at which the charge is to be so investigated, and
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(b) a copy of the charge sheet containing particulars of the offence concerned, a list of the witnesses who will be giving evidence against the person and copies of any available evidence to be given against the person and of any witness statements.
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Right to elect for trial by court-martial.
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178B.— (1) Before disposing of a charge summarily under section 178C, the commanding officer shall, in the prescribed manner—
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(a) ask the person charged whether he elects to have the charge disposed of summarily by the commanding officer or to be tried by court-martial, and
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(b) inform the person charged that he may obtain legal advice regarding the matter of the election and, where the person wishes to obtain such legal advice, that the hearing shall be adjourned for such period as the commanding officer considers reasonable (which period shall not in any case be less than 48 hours).
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(2) Where the person charged elects to be tried by court-martial, whether or not the person obtains legal advice, the commanding officer shall remand the person for trial by court-martial and shall refer the charge to the Director for his directions but otherwise shall proceed to dispose of the charge summarily under section 178C and may do so then and there.
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(3) Where two or more charges are brought against the person concerned, an election for trial by court-martial in respect of any of the charges shall take effect as an election in respect of all of them.
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Summary disposal by commanding officer.
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178C.— (1) This section applies where the person charged elects under section 178B to have the charge disposed of summarily by the commanding officer and, in the case of a scheduled offence specified in Part II of the Eleventh Schedule to this Act, the Director has consented to the charge being disposed of summarily.
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(2) The commanding officer may, subject to subsection (5) of this section, dismiss the charge at any stage of the hearing.
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(3) If the commanding officer determines that the charge has not been proved he shall dismiss the charge.
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(4) The commanding officer may, after hearing the evidence or without hearing the evidence, remand the person charged for trial by court-martial and, in that case, shall refer the matter to the Director for his directions.
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(5) After hearing the evidence or, if the person charged consents to the attendance of witnesses being dispensed with and admits the offence charged, having considered the available evidence, where the commanding officer makes a determination that the charge has been proved, he shall—
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(a) record the determination, and
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(b) subject to subsection (7) of this section—
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(i) in the case of a non-commissioned officer, award one of the following punishments:
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(I) reduction on the applicable scale of pay of the person by one increment from a specified date for a specified period not exceeding one year;
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(II) deferral for a specified period not exceeding one year of the next increment due to the person on the applicable scale of pay of that person;
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(III) a fine not exceeding an amount equal to seven days’ pay of the person at the most recent applicable rate;
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(IV) severe reprimand;
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(V) reprimand,
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(ii) in the case of a private or a seaman, award one or, subject to subsection (6) of this section, a combination of the following punishments:
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(I) reduction on the applicable scale of pay of the person by one increment from a specified date for a specified period not exceeding one year;
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(II) deferral for a specified period not exceeding one year of the next increment due to the person on the applicable scale of pay of the person;
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(III) a fine not exceeding an amount equal to seven days’ pay of the person at the most recent applicable rate;
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(IV) stoppage of local leave or shore leave, as the case may be, for a period or periods not exceeding a total of fourteen days, as may be prescribed under section 184;
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(V) additional duties as may be prescribed under section 184;
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(VI) a warning,
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(iii) in the case of a person subject to military law as a man pursuant to section 119(c) or (d), award one of the following punishments:
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(I) a fine not exceeding an amount equal to seven days’ pay of the person at the most recent applicable rate;
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(II) a warning.
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(6) Where the person charged is a private or seaman, save as provided for by subsection (10) of this section, only the following combinations of punishments may be awarded by a commanding officer:
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(a) in the case where the commanding officer awards a fine under subparagraph (ii)(III) of paragraph (b) of subsection (5) of this section, he may also award—
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(i) stoppage of local leave or shore leave under subparagraph (ii)(IV) of the said paragraph (b), or
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(ii) additional duties under subparagraph (ii)(V) of the said paragraph (b);
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or
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(b) in the case where the commanding officer awards stoppage of local leave or shore leave under subparagraph (ii)(IV) of paragraph (b) of subsection (5) of this section, he may also award additional duties under subparagraph (ii)(V) of the said paragraph (b).
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(7) Where the commanding officer records a determination that two or more charges against the person have been proved, he shall award a single punishment or combination of punishments in accordance with subsections (5) and (6) of this section in respect of the charges taken together.
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(8) The person charged may have an assisting person present at but not participating in the hearing before the commanding officer.
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(9) The evidence against the person charged taken before the commanding officer shall, if the person so demands, be taken on oath, and in that event there shall be administered to each witness the same oath or solemn declaration as that required to be taken by a witness before a court-martial, and for this purpose the commanding officer may administer oaths or solemn declarations.
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(10) Where the commanding officer makes a determination under this section that a charge has been proved and the offence charged occasioned any personal injury, expense, or loss or destruction of, or damage to, any property, the commanding officer may, instead of or in addition to any punishment which he is authorised by this section to award in respect of the offence, order that there shall be paid by the person charged, as compensation for the personal injury, expense, loss, damage or destruction so occasioned, to any person who has suffered such personal injury, expense, loss, damage or destruction, such sum as the commanding officer may direct not exceeding the lesser of—
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(a) the amount required to make good such personal injury, expense, loss, damage or destruction, or
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(b) subject to subsection (11) of this section, an amount equal to twenty-eight days’ pay of the person charged.
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(11) A compensation order under subsection (10) of this section may provide for payment of the compensation by such instalments and at such times as the commanding officer shall in all the circumstances consider reasonable subject to a maximum deduction of seven days’ pay in any one calendar month.
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Remand for trial by court-martial.
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178D.— (1) Where the person charged is remanded for trial by court-martial under section 178(2)(a)(ii) or 178C and the matter is referred to the Director for his directions, the Director may direct that the charge (with such alterations, amendments, additions, substitutions and additional charges as he thinks fit) be referred back to the commanding officer and the commanding officer shall either dismiss or, subject to the right to elect to be tried by court-martial pursuant to section 178B, dispose of the charge or charges so referred back summarily in accordance with section 178C.
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(2) Where the person charged—
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(a) is remanded for trial by court-martial under section 178(2)(a)(ii) or 178C and no direction is given under subsection (1) of this section, or
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(b) is remanded for trial by court-martial under section 178 (other than under section 178(2)(a)(ii)) or 178B,
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the Director may—
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(i) subject to section 192, in respect of the charge concerned (with such alterations, amendments, additions, substitutions and additional charges as he thinks fit)—
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(I) direct that the matter be referred for trial by summary court-martial, or
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(II) direct that the Court-Martial Administrator convene a general court-martial or limited court-martial, as specified in his direction, to try the person charged,
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or
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(ii) withdraw the charge.”.
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