Armed Forces Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Armed Forces Bill

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

134
Reduction in rank: limits on powers
(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
reduction or disrating—
(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.
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(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
that force as an airman.
(4)
The Defence Council may by regulations provide that persons of a trade or
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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—
(a)
applied to higher authority for extended powers for the purposes of
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that subsection; and
(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.
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135
Fine: maximum amount
(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
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
charges—
(a)
applied to higher authority for extended powers for the purposes of
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that paragraph; and
(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.
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(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
punishment is awarded;

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

(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
have been on duty then.
(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
exceed £1,000.
(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.
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(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));
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(b)
a service compensation order.
(4)
If he awards forfeiture of seniority, the only additional punishments he may
award are—
(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
he may award are—
(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
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punishment order.
(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.
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Armed Forces Bill
Part 6 — Summary Hearing and Appeals and Review
Chapter 2 — The Summary Appeal Court
68

(8)
Nothing in this section authorises a commanding officer to award a particular
punishment where the award of that punishment is prohibited otherwise than
by this section.
(9)
References in this section to a service compensation order include references to
two or more such orders.
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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
award for that offence;
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(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
offences—
(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
maximum.
(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
25
The Summary Appeal Court
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.
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140
Right of appeal
(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
punishment awarded.
(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
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the end of the initial period.

Armed Forces Bill
Part 6 — Summary Hearing and Appeals and Review
Chapter 2 — The Summary Appeal Court
69

(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
5
(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
10
(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.
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(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
years; or
(b)
immediately before receiving his commission, he was a warrant officer
25
in any of those forces.
(3)
A warrant officer is not qualified for membership of the court if he is an acting
warrant officer.
(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;
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(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
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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—

Armed Forces Bill
Part 6 — Summary Hearing and Appeals and Review
Chapter 2 — The Summary Appeal Court
70

(a)
any of the Channel Islands;
(b)
the Isle of Man;
(c)
a Commonwealth country; or
(d)
a British overseas territory.
143
Officers and warrant officers ineligible for membership in particular
5
circumstances
(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
193;
(d)
he serves under the command of a person within paragraph (c);
(e)
he serves under the command of the officer who conducted the
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summary hearing; or
(f)
before the summary hearing, he conducted (whether alone or with
other persons) an inquiry into the subject matter of any finding against
the appellant.
(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
(1)(b), (d), (e) or (f).
(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.
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(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
Court.
144
Open court
Subject to any provision made by SAC rules, the Summary Appeal Court must
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sit in open court.
145
Hearing of appeals
(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
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punishment.
(2)
An appeal under section 140 against punishment is to be by way of a rehearing
as respects punishment.

Armed Forces Bill
Part 6 — Summary Hearing and Appeals and Review
Chapter 2 — The Summary Appeal Court
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(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
advocate.
(4)
Any rulings or directions given under subsection (3) are binding on the court.
146
Powers of the SAC
5
(1)
At a rehearing of a charge by virtue of section 145(1)(a), the Summary Appeal
Court may—
(a)
confirm or quash the finding concerned; or
(b)
substitute for the finding concerned a finding that another charge has
been proved.
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
punishment which—
(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
power).
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(5)
In determining—
(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
the appellant served.
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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
the direction;
(b)
otherwise, from the beginning of the day on which the punishment is
substituted.
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