Defence Act 1954

178E

F161 [ Appeal to summary court-martial.

178E. (1) This section and sections 178F and 178G shall apply in relation to a compensation order made under section 177C or 178C as they apply to a punishment awarded under the said section 177C or 178C, as the case may be, and for the purpose of such application references in this section and sections 178F and 178G to a punishment shall be construed as references to a compensation order.

(2) A person in respect of whom, under section 177C or 178C

( a ) a charge has been disposed of summarily, and

( b ) a determination made and punishment awarded by an authorised officer or commanding officer, as the case may be,

may appeal in the manner prescribed by court-martial rules to the summary court-martial against the determination or the punishment or both the determination and the punishment.

(3) An appeal under this section shall be brought

( a ) within seven days beginning with the date on which the punishment was awarded ( the initial period ), or

( b ) within such longer period as the summary court-martial may allow by leave given before the end of the initial period.

(4) The respondent to an appeal under this section shall be the Director. ]

Annotations:

Amendments:

F161

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 26, S.I. No. 254 of 2008, subject to transitional provisions in s. 3 and sch. 1, para. 4(1).

Editorial Notes:

E35

Power of military judge to refer question of law in an appeal made under section extended by Courts-Martial Appeals Act 1983(19/1983), s. 22A, as inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 11 and sch. 4, S.I. No. 254 of 2008.