52Charges capable of being heard summarily
(1)A charge against a person (“the accused”) in respect of an offence is capable of being heard summarily if (and only if) conditions A to C are met.
(2)Condition A is that the offence is one that may be dealt with at a summary hearing (see section 53).
(3)Condition B is that the accused is—
(a)an officer of or below the rank of commander, lieutenant-colonel or wing commander; or
(b)a person of or below the rank or rate of warrant officer.
(4)Condition C is (subject to subsections (5) and (6)) that the accused is—
(a)subject to service law,
(b)a member of a volunteer reserve force, or
(c)a member of an ex-regular reserve force who is subject to an additional duties commitment,
from the time the offence is committed to the end of the summary hearing of the charge.
(5)If the offence is one under section 96(1) of the Reserve Forces Act 1996 (c. 14) committed by virtue of section 96(2) of that Act, condition C is that the accused is—
(a)liable to recall, or
(b)a member of the regular forces,
from the time the offence is committed to the end of the summary hearing of the charge.
(6)If the offence is any other Reserve Forces Act offence, condition C is that the accused is a member of a reserve force from the time the offence is committed to the end of the summary hearing of the charge.
(7)For the purposes of this section—
(a)a person is “liable to recall” if—
(i)under section 65(1) of the Reserve Forces Act 1996 he is liable to be recalled for service; or
(ii)he is liable to be recalled as mentioned in section 35(1) of the Reserve Forces Act 1980 (c. 9);
(b)“Reserve Forces Act offence” means an offence within section 53(1)(k).
(8)Where at any time it falls to a person to determine for the purposes of any provision of this Act whether a charge is or would be capable of being heard summarily, the references in subsections (4) to (6) to the end of the summary hearing of the charge are to be read as references to that time.