Armed Forces Bill

House of Commons

Session 2005 - 06
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Armed Forces Bill

Armed Forces Bill
Part 6 — Summary Hearing and Appeals and Review
Chapter 1 — Summary Hearing
64

TABLE

Row
Punishment
Limitation

Number

5
a severe reprimand or a
only if the person being punished is an

reprimand
officer, warrant officer or non-

5

commissioned officer

6
a service supervision and
only if the person being punished is an

punishment order (defined by
able rate, marine, soldier or airman

section 172)

7
such minor punishments as

10

may from time to time be

authorised by regulations

made by the Defence Council

8
a service compensation order

(defined by section 174) of an

15

amount not exceeding the

maximum allowed by section

136

(2)
Subsection (1) is subject to (in particular)—
(a)
section 137 (prohibited combinations of punishments) and any
20
regulations made under that section;
(b)
Chapter 1 of Part 9 (general provisions about sentencing).
(3)
Where regulations under row 7 of the Table authorise a minor punishment,
they may—
(a)
confer on the offender’s commanding officer a power, when awarding
25
the punishment, to direct that the punishment shall take effect from a
date after the date of the award;
(b)
confer on the offender’s commanding officer the function of deciding
the details of the punishment;
(c)
provide for the delegation by the commanding officer of any of his
30
functions under the regulations.
132
Detention: limits on powers
(1)
The maximum term of detention that a commanding officer may award under
row 1 of the Table in section 131 to an able rate, marine, soldier or airman is—
(a)
90 days if the commanding officer has extended powers for the
35
purposes of this subsection;
(b)
otherwise, 28 days.
(2)
A commanding officer may not award detention under row 1 of the Table in
section 131 to a person of any of the following ranks—
(a)
leading rate,
40
(b)
lance corporal or lance bombardier,
(c)
corporal in any of Her Majesty’s air forces,

Armed Forces Bill
Part 6 — Summary Hearing and Appeals and Review
Chapter 1 — Summary Hearing
65

unless the commanding officer has extended powers for the purposes of this
subsection; and the maximum term of detention that a commanding officer
may (if he has those powers) award such a person is 90 days.
(3)
A commanding officer has extended powers for the purposes of subsection (1)
or (2) if he has, before the summary hearing of the charge or charges—
5
(a)
applied to higher authority for extended powers for the purposes of
that subsection; and
(b)
been notified by higher authority that his application has been granted.
(4)
A commanding officer also has extended powers for the purposes of
subsection (1) or (2) if he is of or above the rank of rear admiral, major-general
10
or air vice-marshal.
133
Forfeiture of seniority: requirement for approval
(1)
A commanding officer may not award forfeiture of seniority under row 2 of the
Table in section 131 unless he has extended powers for the purposes of this
section.
15
(2)
A commanding officer has extended powers for the purposes of this section if
he has, before the summary hearing of the charge or charges—
(a)
applied to higher authority for extended powers for the purposes of
this section; and
(b)
been notified by higher authority that his application has been granted.
20
(3)
A commanding officer also has extended powers for the purposes of this
section if he is of or above the rank of rear admiral, major-general or air vice-
marshal.
134
Reduction in rank: limits on powers
(1)
A commanding officer may not award reduction in rank, or disrating, under
25
row 3 of the Table in section 131 unless—
(a)
he has extended powers for the purposes of this subsection; or
(b)
the person being punished is a lance corporal or lance bombardier.
(2)
The reduction in rank or disrating that a commanding officer may award is
reduction or disrating—
30
(a)
by one acting rank or rate; or
(b)
if the person being punished has no acting rank or rate, by one
substantive rank or rate.
(3)
Where the person being punished is a corporal in any of Her Majesty’s air
forces, the reduction in rank authorised by subsection (2)(a) (if he is an acting
35
corporal) or (2)(b) (if he is not) is reduction to the highest rank he has held in
that force as an airman.
(4)
The Defence Council may by regulations provide that persons of a trade or
branch specified in the regulations may not be reduced or disrated under
section 131 below a rank or rate so specified.
40
(5)
A commanding officer has extended powers for the purposes of subsection (1)
if he has, before the summary hearing of the charge or charges—
(a)
applied to higher authority for extended powers for the purposes of
that subsection; and

Armed Forces Bill
Part 6 — Summary Hearing and Appeals and Review
Chapter 1 — Summary Hearing
66

(b)
been notified by higher authority that his application has been granted.
(6)
A commanding officer also has extended powers for the purposes of
subsection (1) if he is of or above the rank of rear admiral, major-general or air
vice-marshal.
135
Fine: maximum amount
5
(1)
The maximum amount of a fine that a commanding officer may award is—
(a)
28 days’ pay unless paragraph (b) applies;
(b)
if the person being punished is an officer or warrant officer and the
commanding officer does not have extended powers for the purposes
of this paragraph, 14 days’ pay.
10
(2)
A commanding officer has extended powers for the purposes of paragraph (b)
of subsection (1) if he has, before the summary hearing of the charge or
charges—
(a)
applied to higher authority for extended powers for the purposes of
that paragraph; and
15
(b)
been notified by higher authority that his application has been granted.
(3)
A commanding officer also has extended powers for the purposes of that
paragraph if he is of or above the rank of rear admiral, major-general or air
vice-marshal.
(4)
For the purposes of this section a day’s pay is—
20
(a)
subject to paragraph (b), the gross pay which is (or would apart from
any forfeiture be) issuable to the offender in respect of the day when the
punishment is awarded;
(b)
if the offender is a special member of a reserve force, the gross pay
which would have been issuable to him in respect of that day if he had
25
been an ordinary member of that reserve force of the same rank or rate.
(5)
If the offender is a member of a reserve force who is not on duty on the day the
punishment is awarded, for the purposes of subsection (4) he is to be taken to
have been on duty then.
(6)
In subsection (4) “special member” and “ordinary member” have the same
30
meanings as in the Reserve Forces Act 1996 (c. 14).
136
Service compensation orders: maximum amount
(1)
Where an award by a commanding officer consists of or includes one service
compensation order, the compensation to be paid under the order must not
exceed £1,000.
35
(2)
Where an award by a commanding officer consists of or includes two or more
service compensation orders, the total compensation to be paid under the
orders must not exceed £1,000.
(3)
The Secretary of State may by order substitute for any sum for the time being
specified in this section such other sum as appears to him to be appropriate.
40

Armed Forces Bill
Part 6 — Summary Hearing and Appeals and Review
Chapter 1 — Summary Hearing
67

137
Prohibited combinations of punishments
(1)
Subsections (2) to (6) apply where a commanding officer awards punishment
in respect of an offender.
(2)
If he awards detention, other than a suspended sentence of service detention,
the only additional punishment he may award is a service compensation order.
5
(3)
If he awards a suspended sentence of service detention, the only additional
punishments he may award are—
(a)
reduction in rank or disrating (subject to subsection (8));
(b)
a service compensation order.
(4)
If he awards forfeiture of seniority, the only additional punishments he may
10
award are—
(a)
a severe reprimand or a reprimand;
(b)
a service compensation order.
(5)
If he awards reduction in rank or disrating, the only additional punishments
he may award are—
15
(a)
a suspended sentence of service detention (subject to subsection (8));
(b)
a service compensation order.
(6)
If he awards a fine, he may not also award a service supervision and
punishment order.
(7)
Regulations under row 7 of the Table in section 131 may make provision, as
20
respects any punishment authorised by those regulations, prohibiting that
punishment from being awarded with any other punishment (whether or not
so authorised) specified by the regulations.
(8)
Nothing in this section authorises a commanding officer to award a particular
punishment where the award of that punishment is prohibited otherwise than
25
by this section.
(9)
References in this section to a service compensation order include references to
two or more such orders.
138
Savings for maximum penalties for offences
(1)
Where a commanding officer awards punishment in respect of a single offence,
30
nothing in sections 130 to 137 authorises him—
(a)
to award a punishment of a kind which the Court Martial could not
award for that offence;
(b)
if the offence is under section 42 (criminal conduct), to award a fine
exceeding the maximum allowed by section 42(4).
35
(2)
Where a commanding officer awards punishment in respect of two or more
offences—
(a)
nothing in sections 130 to 137 authorises him to award a punishment of
a particular kind unless it is one which the Court Martial could award
for at least one of the offences; and
40
(b)
if all the offences are under section 42 and the maximum fine allowed
by section 135 exceeds the permitted maximum, nothing in sections 130
to 137 authorises him to award a fine exceeding the permitted
maximum.

Armed Forces Bill
Part 6 — Summary Hearing and Appeals and Review
Chapter 2 — The Summary Appeal Court
68

(3)
The permitted maximum is the total of the fines that under section 42(4) the
commanding officer could award in respect of the offences if he had power to
make separate awards in respect of them.
Chapter 2
The Summary Appeal Court
5
139
The Summary Appeal Court
(1)
There shall be a court, to be known as the Summary Appeal Court.
(2)
The Summary Appeal Court may sit in any place, whether within or outside
the United Kingdom.
140
Right of appeal
10
(1)
A person in respect of whom—
(a)
a charge has been heard summarily, and
(b)
a finding that the charge has been proved has been recorded,
may appeal to the Summary Appeal Court against the finding or against the
punishment awarded.
15
(2)
Subject to subsection (3), any appeal under this section must be brought—
(a)
within the period of 14 days beginning with the date on which the
punishment was awarded (“the initial period”); or
(b)
within such longer period as the court may allow by leave given before
the end of the initial period.
20
(3)
The court may at any later time give leave for an appeal to be brought within
such period as it may allow.
(4)
The respondent to an appeal under this section is the Director of Service
Prosecutions.
141
Constitution of the SAC for appeals
25
(1)
For the purpose of hearing an appeal under section 140, the Summary Appeal
Court is to consist of—
(a)
a judge advocate;
(b)
an officer qualified for membership under section 142 and not ineligible
by virtue of section 143; and
30
(c)
a third person who is an officer or warrant officer so qualified and not
so ineligible.
(2)
Subsection (1) is subject to any provision made by SAC rules.
(3)
The judge advocate for an appeal under section 140 is to be specified by or on
behalf of the Judge Advocate General.
35
(4)
The other members of the court for an appeal under section 140 are to be
specified by or on behalf of the court administration officer.