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134 | Reduction in rank: limits on powers |
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(1) | A commanding officer may not award reduction in rank, or disrating, under |
| |
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. |
| 5 |
(2) | The reduction in rank or disrating that a commanding officer may award is |
| |
| |
(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. |
| 10 |
(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 |
| |
corporal) or (2)(b) (if he is not) is reduction to the highest rank he has held in |
| |
| |
(4) | The Defence Council may by regulations provide that persons of a trade or |
| 15 |
branch specified in the regulations may not be reduced or disrated under |
| |
section 131 below a rank or rate so specified. |
| |
(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— |
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(a) | applied to higher authority for extended powers for the purposes of |
| 20 |
| |
(b) | been notified by higher authority that his application has been granted. |
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(6) | A commanding officer also has extended powers for the purposes of |
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subsection (1) if he is of or above the rank of rear admiral, major-general or air |
| |
| 25 |
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(1) | The maximum amount of a fine that a commanding officer may award is— |
| |
(a) | 28 days’ pay unless paragraph (b) applies; |
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(b) | if the person being punished is an officer or warrant officer and the |
| |
commanding officer does not have extended powers for the purposes |
| 30 |
of this paragraph, 14 days’ pay. |
| |
(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 |
| |
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(a) | applied to higher authority for extended powers for the purposes of |
| 35 |
| |
(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 |
| |
| 40 |
(4) | For the purposes of this section a day’s pay is— |
| |
(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 |
| |
| |
|
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|
| |
|
(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 |
| |
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 |
| 5 |
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(6) | In subsection (4) “special member” and “ordinary member” have the same |
| |
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 |
| 10 |
compensation order, the compensation to be paid under the order must not |
| |
| |
(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. |
| 15 |
(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. |
| |
137 | Prohibited combinations of punishments |
| |
(1) | Subsections (2) to (6) apply where a commanding officer awards punishment |
| |
in respect of an offender. |
| 20 |
(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. |
| |
(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)); |
| 25 |
(b) | a service compensation order. |
| |
(4) | If he awards forfeiture of seniority, the only additional punishments he may |
| |
| |
(a) | a severe reprimand or a reprimand; |
| |
(b) | a service compensation order. |
| 30 |
(5) | If he awards reduction in rank or disrating, the only additional punishments |
| |
| |
(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 |
| 35 |
| |
(7) | Regulations under row 7 of the Table in section 131 may make provision, as |
| |
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. |
| 40 |
|
| |
|
| |
|
(8) | Nothing in this section authorises a commanding officer to award a particular |
| |
punishment where the award of that punishment is prohibited otherwise than |
| |
| |
(9) | References in this section to a service compensation order include references to |
| |
| 5 |
138 | Savings for maximum penalties for offences |
| |
(1) | Where a commanding officer awards punishment in respect of a single offence, |
| |
nothing in sections 130 to 137 authorises him— |
| |
(a) | to award a punishment of a kind which the Court Martial could not |
| |
| 10 |
(b) | if the offence is under section 42 (criminal conduct), to award a fine |
| |
exceeding the maximum allowed by section 42(4). |
| |
(2) | Where a commanding officer awards punishment in respect of two or more |
| |
| |
(a) | nothing in sections 130 to 137 authorises him to award a punishment of |
| 15 |
a particular kind unless it is one which the Court Martial could award |
| |
for at least one of the offences; and |
| |
(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 |
| 20 |
| |
(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. |
| |
| 25 |
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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 |
| |
| 30 |
| |
(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 |
| 35 |
| |
(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 |
| 40 |
the end of the initial period. |
| |
|
| |
|
| |
|
(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 |
| |
| |
141 | Constitution of the SAC for appeals |
| 5 |
(1) | For the purpose of hearing an appeal under section 140, the Summary Appeal |
| |
| |
| |
(b) | an officer qualified for membership under section 142 and not ineligible |
| |
by virtue of section 143; and |
| 10 |
(c) | a third person who is an officer or warrant officer so qualified and not |
| |
| |
(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. |
| 15 |
(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. |
| |
142 | Officers and warrant officers qualified for membership of the SAC |
| |
(1) | Subject to subsections (2) to (4), an officer or warrant officer is qualified for |
| |
membership of the Summary Appeal Court if he is subject to service law. |
| 20 |
(2) | An officer is not qualified for membership of the court unless— |
| |
(a) | he has held a commission in any of Her Majesty’s forces for at least |
| |
three years, or for periods amounting in the aggregate to at least three |
| |
| |
(b) | immediately before receiving his commission, he was a warrant officer |
| 25 |
| |
(3) | A warrant officer is not qualified for membership of the court if he is an acting |
| |
| |
(4) | An officer or warrant officer is not qualified for membership of the court if— |
| |
(a) | he is a member of the Military Court Service; |
| 30 |
(b) | he is a member of or on the staff of the Service Prosecuting Authority; |
| |
(c) | he is a service policeman; |
| |
(d) | he is a member of the Royal Army Chaplains’ Department or the Royal |
| |
Air Force Chaplains’ Branch; |
| |
(e) | he has a general qualification within the meaning of section 71 of the |
| 35 |
Courts and Legal Services Act 1990 (c. 41); |
| |
(f) | he is an advocate or solicitor in Scotland; |
| |
(g) | he is a member of the Bar of Northern Ireland or a solicitor of the |
| |
Supreme Court of Northern Ireland; or |
| |
(h) | he has in a relevant territory rights and duties similar to those of a |
| 40 |
barrister or solicitor in England and Wales, and is subject to |
| |
punishment or disability for breach of professional rules. |
| |
(5) | In this section “relevant territory” means— |
| |
|
| |
|
| |
|
(a) | any of the Channel Islands; |
| |
| |
(c) | a Commonwealth country; or |
| |
(d) | a British overseas territory. |
| |
143 | Officers and warrant officers ineligible for membership in particular |
| 5 |
| |
(1) | An officer is ineligible for membership of the Summary Appeal Court for the |
| |
hearing of an appeal under section 140 if— |
| |
(a) | he was the commanding officer of the appellant at any time in the |
| |
period beginning with the date of commission of the offence which is |
| 10 |
the subject of the finding against the appellant and ending with the |
| |
start of the appeal hearing; |
| |
(b) | before the summary hearing, he took part in investigating the subject |
| |
matter of any finding against the appellant; |
| |
(c) | he is a higher authority who dealt with an application made before the |
| 15 |
summary hearing for permission under section 54 or for extended |
| |
powers for the purposes of any provision of section 132, 133, 134, 135 or |
| |
| |
(d) | he serves under the command of a person within paragraph (c); |
| |
(e) | he serves under the command of the officer who conducted the |
| 20 |
| |
(f) | before the summary hearing, he conducted (whether alone or with |
| |
other persons) an inquiry into the subject matter of any finding against |
| |
| |
(2) | A warrant officer is ineligible for membership of the Summary Appeal Court |
| 25 |
for the hearing of an appeal under section 140 if he falls within subsection |
| |
| |
(3) | Where there is more than one finding against the appellant, the reference in |
| |
subsection (1)(a) to the date of commission of the offence there mentioned is to |
| |
the date of commission of the earliest such offence. |
| 30 |
(4) | SAC rules may provide that an officer or warrant officer of a description |
| |
prescribed by the rules is ineligible for membership of the Summary Appeal |
| |
| |
| |
Subject to any provision made by SAC rules, the Summary Appeal Court must |
| 35 |
| |
| |
(1) | An appeal under section 140 against a finding is to be by way of— |
| |
(a) | a rehearing of the charge; and |
| |
(b) | except where section 146(2) applies, a rehearing as respects |
| 40 |
| |
(2) | An appeal under section 140 against punishment is to be by way of a rehearing |
| |
| |
|
| |
|
| |
|
(3) | In the case of the hearing of an appeal under section 140, rulings and directions |
| |
on questions of law, procedure or practice are to be given by the judge |
| |
| |
(4) | Any rulings or directions given under subsection (3) are binding on the court. |
| |
| 5 |
(1) | At a rehearing of a charge by virtue of section 145(1)(a), the Summary Appeal |
| |
| |
(a) | confirm or quash the finding concerned; or |
| |
(b) | substitute for the finding concerned a finding that another charge has |
| |
| 10 |
(2) | Where the court quashes the finding, or (if there is more than one finding) |
| |
every finding, made in respect of the appellant, it must quash the punishment |
| |
which relates to that finding or, as the case may be, to those findings. |
| |
(3) | At a rehearing as respects punishment by virtue of section 145(1)(b) or (2), the |
| |
Summary Appeal Court may— |
| 15 |
(a) | confirm the punishment awarded; or |
| |
(b) | quash that punishment and award in substitution for it any |
| |
| |
(i) | it would have been within the powers of the officer who |
| |
conducted the summary hearing to award; and |
| 20 |
(ii) | in the opinion of the court, is no more severe than the |
| |
punishment originally awarded. |
| |
(4) | SAC rules may make provision in connection with the exercise of the power |
| |
under subsection (1)(b) (including provision restricting the exercise of the |
| |
| 25 |
| |
(a) | whether to substitute a term of detention, or |
| |
(b) | the length of any such substituted term, |
| |
| the court must take account of any period of the original term of detention that |
| |
| 30 |
147 | Effect of substituted punishment |
| |
(1) | Unless it otherwise directs, any punishment substituted by the Summary |
| |
Appeal Court has effect as if awarded on the day on which the original |
| |
punishment was awarded, but this is subject to subsection (2). |
| |
(2) | Where the court substitutes a term of detention (other than a suspended |
| 35 |
sentence of service detention), the substituted term takes effect— |
| |
(a) | if the court makes a direction under section 188(3), in accordance with |
| |
| |
(b) | otherwise, from the beginning of the day on which the punishment is |
| |
| 40 |
|
| |
|