Cap. 220 Art. 84Further proceedings on charges against N.C.Os. and soldiers.

(1) The following provisions of this article shall have effect where the commanding officer has investigated a charge against a non-commissioned officer or soldier.

(2) If -

(a) the charge is not one which can be dealt with summarily and the commanding officer has not dismissed it; or

(b) the charge is one which can be dealt with summarily but the commanding officer is of opinion that it should not be so dealt with, he shall take the prescribed steps with a view to the charge being tried by court-martial.

(3) Otherwise the commanding officer shall proceed to deal with the charge summarily; and if he records a finding of guilty he may award one or more of the following punishments, that is to say:

(a) if the accused is a soldier, detention for a period not exceeding twenty-eight days or, if the accused is on active service, field punishment for a period not exceeding twenty-eight days;

(b) if the accused is a soldier who is on active service on the day of the sentence, forfeiture of pay for a period beginning with the day of the sentence and not exceeding twenty-eight days;

(c) fine;

(d) if the accused is a non-commissioned officer, severe reprimand or reprimand;

(e) where the offence has occasioned any expense, loss or damage, stoppages;

(f) any of the following minor punishments, that is to say:

(i) admonition;

(ii) extra guards not exceeding three in number;

(iii) confinement to barracks outside normal working hours up to a maximum of five hours in any one day for a period not exceeding fourteen days; or

(iv) such other minor punishment for the time being prescribed: Provided that no forfeiture of pay, fine or minor punishment shall be awarded for an offence for which detention is awarded, and that no fine shall be awarded for an offence for which field punishment or forfeiture of pay is awarded.

(4) Where the accused is a lance-corporal or lance-bombardier, and the commanding officer finds him guilty, the commanding officer may, if he awards no other punishment or no other punishment except stoppages, order the accused to be reduced to the ranks.

(5) Where an accused is an acting warrant officer or non-commissioned officer, and the commanding officer finds him guilty, the commanding officer may, if he awards no other punishment or no other punishment except stoppages, order the accused to revert to his permanent rank or to assume an acting rank lower than that held by him but higher than his permanent rank or, where his permanent rank is that of lance-corporal or lance-bombardier, to forfeit his acting rank and be reduced to the ranks.

(6) Notwithstanding anything in sub-article (3), where the commanding officer has determined that the accused is guilty and if the charge is dealt with summarily will award a punishment other than fine or stoppages not exceeding seven days’ pay, severe reprimand, reprimand or a minor punishment, or where a finding of guilty (whatever the punishment awarded) will involve a forfeiture of pay exceeding seven days, the commanding officer shall not record a finding until after affording the accused an opportunity of electing to be tried by court-martial; and if the accused so elects and does not subsequently withdraw his election, the commanding officer shall not record a finding but shall take the prescribed steps with a view to the charge being tried by court-martial.

(7) Where the charge is one which can be dealt with summarily, but the commanding officer has taken steps with a view to its being tried by court-martial, any higher authority to whom the charge is referred may refer the charge back to the commanding officer to be dealt with summarily; and on any such reference the four last foregoing sub-articles shall apply as if the commanding officer had originally been of opinion that the charge should be dealt with summarily: Provided that a charge shall not be referred back where the accused has elected to be tried by court-martial and has not withdrawn his election.