Part 6Summary Hearing and Appeals and Review

Chapter 1Summary Hearing

Summary hearing

I1I2131Summary hearing

1

This section applies where a commanding officer hears a charge summarily.

2

The commanding officer may dismiss the charge at any stage of the hearing; but this is subject to subsection (4) and to any provision of rules under section 153.

3

If the commanding officer determines that the charge has not been proved, he must dismiss the charge.

4

If the commanding officer determines that the charge has been proved, he must—

a

record a finding that the charge has been proved; and

b

award one or more of the punishments authorised by section 132.

5

Where the commanding officer records findings that two or more charges against a person have been proved, the award he must make under subsection (4) is a single award (consisting of one or more of those punishments) in respect of the charges taken together.

6

Nothing in this section authorises a commanding officer to include in an award two or more punishments within the same row of the Table in section 132, except where those punishments are—

a

different minor punishments which regulations made under row 7 of the Table permit to be awarded together; or

b

service compensation orders.