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Army Act 1955 (repealed)
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Changes over time for: Section 79
Version Superseded: 01/04/1997
Alternative versions:
- 01/02/1991- Amendment
- 01/01/1992- Amendment
- 01/10/1996
Point in time - 01/04/1997- Amendment
- 31/10/2009- Amendment
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79 Further proceedings on charges against officers and warrant officers. F6U.K.
(1)After investigating a charge against an officer or warrant officer, the commanding officer shall, unless he has dismissed [F1or stayed further proceedings on] the charge, or the case is one where he has power, and proposes, to direct trial by field general court-martial, submit it in the prescribed manner to higher authority; and thereupon it shall be determined by such authority how the charge is to be proceeded with in accordance with the two next following subsections.
(2)If the charge is one which can be dealt with summarily, it may be referred to the appropriate superior authority.
(3)If the charge is not so referred, the prescribed steps shall be taken with a view to its being triedby court-martial.
(4)Where the charge is referred to the appropriate superior authority, that authority shall investigate the charge in the prescribed manner and determine whether the accused is guilty of the charge and accordingly dismiss the charge or record a finding of guilty:
Provided that if in the course of investigating the charge the authority determines that it is desirable that the charge should be tried by court-martial, the prescribed steps shall be taken with a view to its being so tried.
[F2(5)If the appropriate superior authority records a finding of guilty, the authority may award one or moreof the following punishments—
(a)except in the case of a warrant officer, forfeiture of seniority for a specified term or otherwise,
(b)fine,
(c)severe reprimand or reprimand, and
(d)where the offence has occasioned any expense, loss or damage, stoppages:
Provided that the appropriate superior authority may not award both forfeiture of seniority and a fine:
And provided also that the second proviso to section 78(3) of this Act shall have effect as respects fines awarded by virtue of this section as it has effect as respects fines awarded by virtue of the saidsection 78.]
(6)Notwithstanding anything in subsection (4) of this section, where the appropriate superior authority [F3considers] that the accused is guilty and if the charge is dealt with summarily will award [F4any punishment other than severe reprimand or reprimand], or where a finding of guilty will involve a forfeiture of pay, the authority 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 [F5and does not subsequently in accordance with Queen’s Regulations withdraw his election] the authority shall not record a finding but shall take the prescribed steps with a view to the charge being tried by court-martial.
Textual Amendments
F1Words inserted by Armed Forces Act 1981 (c. 55), s. 3(5)
F2S. 79(5) substituted by Armed Forces Act 1971 (c. 33), ss. 37(2), 78(4)
F3Words substituted by Armed Forces Act 1981 (c. 55), Sch. 2 para. 2
F4Words substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(3)
F5Words in s. 79(6) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 11(1); S.I. 1991/2719, art.2 (with art. 3(1))
Modifications etc. (not altering text)
C1S. 79 excluded by Courts-Martial (Appeals) Act 1968 (c. 20), s. 19(4); amended by ArmedForces Act 1976 (c. 52), s. 5(2)
Textual Amendments applied to the whole legislation
F6Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2
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