Powers of commanding officer

(1) The offences specified in Schedule IV shall be punishable accordingly by the Security Services Commission without the consent of the offender. (2) Where a member of the Force is charged with any offence specified in Schedule V, the Security Services Commission, if he thinks it expedient to do so, having regard to any representations made by or on behalf of the offender, the nature of the offence, the absence of circumstances which would render the offence one of a grave or serious character and all other circumstances of the case, and if the offender, when informed by the Security Services Commission of his right to be tried by a court martial, consents to be dealt with summarily, may deal with the case accordingly. (3) The offences specified in Schedule VI shall only be tried by a court martial. (4) When the Security Services Commission investigates a charge reported to him under section 72, he shall either– (a) dismiss the charge if he is of the opinion that the charge should not be proceeded with; or (b) if he thinks that the charge ought to be proceeded with, either– (i) take steps to bring the offender before the Security Services Commission, without the consent of the offender, if the offence is one specified in Schedule IV, and with the consent of the offender if the offence is one specified in Schedule V; or (ii) take steps to bring the offender to trial by a court martial if the offence is one specified in Schedule VI, or if the offender charged with an offence specified in Schedule V elects to be tried by a court martial. (5) In every case, the Security Services Commission shall hear the evidence against the offender in his presence and shall take the evidence on oath or solemn affirmation. (6) The offender shall be given the opportunity of questioning the witnesses, of giving evidence himself either on oath or unsworn, and of calling witnesses on oath or solemn affirmation on his behalf. (7) If the offence is one which is triable by a court martial under the foregoing provisions of this section, the Security Services Commission shall take necessary steps to have the evidence recorded in the prescribed manner and shall forward the record of proceedings to the Solicitor General for advice on the sufficiency of evidence, and shall remand the offender for trial by a court martial. (8) Any offence not mentioned in Schedule IV, V or VI, may be tried by a court martial as the Security Services Commission, after consultation with the Solicitor General through the Chief Executive Officer to the Ministry responsible for defence, may consider appropriate; and the foregoing provisions of this section as to the trial of such offences shall apply accordingly. (9) If the offence is one which the Security Services Commission is competent to try summarily under the foregoing sub-sections, it shall, if satisfied after hearing the evidence that the charge is proved, announce that fact and may then award any one or any combination of not more than two of the following punishments, namely– (a) caution, reprimand or severe reprimand; (b) extra duty as Orderly Officer or otherwise; 48 (c) stoppages, where the offence has occasioned any expense, loss or damage; (d) reduction of rank or grade; (e) confinement to barracks for a period not exceeding fourteen days; (f) detention for a period not exceeding twenty- eight days; (g) a fine not exceeding the equivalent of ninety days’ pay; or (h) imprisonment for a period not exceeding one year; (i) dismissal with disgrace, provided that a fine shall not be awarded for an offence for which imprisonment or detention has been awarded. (10) Where the Security Services Commission tries a case under the foregoing provisions of this section and convicts the offender of any offence, then, if in all the circumstances of the case, including the prevalence of the offence for which the offender has been convicted and the character and antecedents of the offender, the Security Services Commission is of the opinion that greater punishment should be inflicted in respect of the offence than what the Security Services Commission has power to inflict, the Security Services Commission may, after consultation with the Solicitor General, in lieu of dealing with the offender, commit him in custody to the court martial for (11) Where any offender has been committed for sentence by the court martial under the powers conferred by this section, the Security Services Commission shall, within fourteen days or as soon as is practicable thereafter, transmit the record of the case to the authority competent to convene a court martial, together with a copy thereof to the Chief Executive Officer to the Ministry responsible for defence. (12) The competent authority shall, as soon as may be after receiving such record, convene a court martial and the court martial so convened may deal with and punish the offender as if he or she were convicted for that offence by the court martial. (13) The Security Services Commission may delegate to an officer, not below the rank of Captain who commands a sub- unit, the power of dealing summarily with a charge against a private soldier, lance corporal or corporal, provided that such officer shall not have power to inflict any punishment (other than in the case of a private soldier) of a fine not exceeding fourteen days’ pay or confinement to barracks for a period not exceeding seven days, and in the case of a lance- corporal or corporal, reprimand, and in either case where the offence occasioned any loss, expense or damage, stoppages not exceeding fourteen days’ pay. (14) For the purposes of this section, offender includes both a soldier and an officer.