Defence Act 1954

177C

F154 [ Summary disposal by authorised officer.

177C. (1) This section applies where the person charged elects under section 177B to have the charge disposed of summarily by the authorised officer.

(2) The authorised officer may, subject to subsection (5) of this section, dismiss the charge at any stage of the hearing.

(3) If the authorised officer determines that the charge has not been proved he shall dismiss the charge.

(4) The authorised officer may, after hearing the evidence or without hearing the evidence, remand the person charged for trial by court-martial and, in that case, shall refer the matter to the Director for his directions.

(5) After hearing the evidence or, if the person charged consents to the attendance of witnesses being dispensed with and admits the offence charged, after reading a summary or abstract of the evidence, where the authorised officer makes a determination that the charge has been proved, he shall

( a ) record the determination, and

( b ) subject to subsection (6) of this section

(i) in the case of a person subject to military law as an officer pursuant to section 118( a ), ( b ) or ( c ) or as a non-commissioned officer in the rank of sergeant major or battalion quarter-master sergeant or their equivalent naval ranks, award one of the following punishments:

(I) reduction on the applicable scale of pay of the person by one increment from a specified date for a specified period not exceeding one year;

(II) deferral for a specified period not exceeding one year of the next increment due to the person on the applicable scale of pay of that person;

(III) a fine not exceeding an amount equal to seven days pay of the person at the most recent applicable rate;

(IV) severe reprimand;

(V) reprimand,

(ii) in the case of a person subject to military law as an officer pursuant to section 118( d ) or ( e ), award one of the following punishments:

(I) a fine not exceeding an amount equal to seven days pay of the person at the most recent applicable rate;

(II) severe reprimand;

(III) reprimand.

(6) Where the authorised officer records a determination that two or more charges against the person have been proved, he shall award a single punishment in accordance with subsection (5) of this section in respect of the charges taken together.

(7) The person charged may have an assisting person present at but not participating in the hearing before the authorised officer.

(8) The evidence against the person charged taken before the authorised officer shall, if the person charged so demands, be taken on oath, and in that event there shall be administered to each witness the same oath or solemn declaration as that required to be taken by a witness before a court-martial, and for this purpose the authorised officer may administer oaths or solemn declarations.

(9) Where the authorised officer makes a determination under this section that a charge has been proved and the offence charged occasioned any personal injury, expense or loss or destruction of, or damage to, any property, the authorised officer may, instead of or in addition to any punishment which he is authorised by this section to award in respect of the offence, order that there shall be paid by the person charged, as compensation for the personal injury, expense, loss, damage or destruction so occasioned, to any person who has suffered such personal injury, expense, loss, damage or destruction, such sum as the authorised officer may direct not exceeding the lesser of

( a ) the amount required to make good such personal injury, expense, loss, damage or destruction, or

( b ) subject to subsection (10) of this section, an amount equal to twenty-eight days pay of the person charged.

(10) A compensation order under subsection (9) of this section may provide for payment of the compensation by such instalments and at such times as the authorised officer shall in all the circumstances consider reasonable subject to a maximum deduction of seven days pay in any one calendar month. ]

Annotations:

Amendments:

F154

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 23, S.I. No. 254 of 2008.