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Section 25: Investigation of other offences

Regulations for the Navy Part IICentral Regulations · 1957

(1) The preliminary investigation of offences by the officer of the Watch or officer of the day shall take place as soon as possible after the commission of the offence while witnesses’ memory is still fresh.

(2) The formal investigation of offences shall, when the service and circumstances admit, be deferred until the day following that of the commission of the offence.

(3) Hasty charges shall not be made and as far as practicable there shall not be an y delay in the investigation of the charge and the decision of the case and, when the accused is found guilty in the award of the punishment.

(4) The fact that an offender’s Service Documents are not available shall not normally delay the investigation of an offence though there may be some delay in the infliction of punishment if the said documents are expected within a reasonable time.

(5) All charges shall be investigated fully on the quarterdeck or other suitable place, in the presence of the complainant and the accused and the complainant, accused and the witnesses shall be heard fully and with impartiality.

(6) The accused, the Divisional Officer or other defending officer, the complainant and the Master-At-Arms (or the person performing his duties) shall be present throughout the investigation.

(7) The witnesses shall be kept apart and out of earshot so that they cannot hear what other witnesses are saying when giving evidence and they shall withdraw after they have given evidence.

(8) The investigating officer shall, in every case consider whether the case is sufficiently serious to warrant the recording of the evidence and whether is desirable to record it as a precaution against a witness changing his evidence.

(9) Inconsiderate punishments: - Inconsiderate punishments, as well as nedlessly protracted punishments, shall be avoided and in awarding punishment regard shall be had to –

(i) the necessity for prevention of crime or offences and for the maintenance of proper order and discipline;

(ii) the gravity of the offence and the previous character of the offender

(iii) any consequences which may arise indirectly as a result of the offence or of the award, particularly in regard to the charges against the offender’s pay for offences of absence or desertion, or for damage to or loss of stores and such other matters.

(10) In cases of repeated offences the effect of gradually increasing the degree of punishment until the maximum is reached shall be tried before awarding the maximum punishment.

(11) All altercations with excited or drunken men shall be avoided; no man under the influence of temper or drink shall be placed in a situation likely to excite him further and thereby lead him to acts of violence or insubordination.

Where this provision sits

ActRegulations for the Navy Part II
Section25
Marginal noteInvestigation of other offences
JurisdictionCentral
StatusIn force as published by the source

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