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Amendment of section 210 of Principal Act (punishments which may be awarded to men by courts-martial).
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58.— Section 210 of the Principal Act is amended—
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(a) by substituting the following for subsection (1):
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“(1) Subject to section 192, punishments may be awarded in respect of offences against military law committed by persons subject to military law as men and convicted by court-martial according to the following scale:
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SCALE.
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A. Imprisonment for life or any specified period.
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B. Discharge with disgrace from the Defence Forces.
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C. Discharge from the Defence Forces.
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D. Detention—
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(a) in the case of a general court-martial or limited court-martial, for any term not exceeding two years,
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(b) in the case of a summary court-martial, for any term not exceeding six months,
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with or without forfeiture of all pay or any part thereof.
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E. Where the person convicted is a non-commissioned officer, reduction to any lower non-commissioned rank.
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F. Forfeiture of all seniority of rank or of a specified term of seniority.
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G. Reduction to any lower point on the scale of pay for the rank held.
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H. (a) In the case of a person subject to military law as a man under section 119(a) or (b), a fine of an amount not exceeding fourteen days’ pay of the person at the most recent rate payable.
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(b) In the case of a person subject to military law as a man under section 119(c) or (d), a fine not exceeding the maximum fine awardable for the time being by a court-martial to a man holding the rank of private of the highest grade who is in receipt of the maximum pay applicable to that rank.
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(c) In the case of a person who is not a member of the Defence Forces but who was a non-commissioned officer, private or seaman 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.
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I. Severe reprimand.
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J. Reprimand.”,
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(b) by deleting subsection (5),
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(c) by substituting the following for subsection (6):
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“(6) Where a man is sentenced to a term of imprisonment exceeding six months, the military judge shall, in addition, sentence him to discharge with disgrace from the Defence Forces or discharge from the Defence Forces.”,
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(d) by substituting the following for subsection (7):
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“(7) Where a man 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 discharge with disgrace from the Defence Forces or discharge from the Defence Forces.”,
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(e) by substituting the following for subsection (8):
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“(8) A non-commissioned officer sentenced by a court-martial to a punishment mentioned at F or G in the Scale to subsection (1) of this section may, in addition, be sentenced to a fine or severe reprimand or reprimand.”,
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(f) by inserting the following after subsection (8):
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“(8A) A non-commissioned officer sentenced by a court-martial to reduction in rank may, in addition, be sentenced to—
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(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 he is sentenced to be reduced, or
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(b) to a fine or severe reprimand or reprimand,
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or both.”,
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and
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(g) in subsection (11), by substituting “disgrace” for “ignominy”.
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