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Section 30: Right to elect trial by court-martial

Regulations for the Navy Part IICentral Regulations · 1957

If a Chief Petty Officer or Petty Officer is charged with an offence which, proved would justify his being summarily reduced in lower rank, the following procedure shall be adopted: -

(a) A formal and public investigation shall be held by the Commanding Officer, a careful summary of the evidence of the witnesses for and against being made at the time in such a way that it could, if necessary, be incorporated in the appropriate form in due course as a summary evidence.

(b) Both before and during he investigation the accused shall be afforded the assistance under regulation 26.

(c) At the conclusion of the investigation, the Commanding officer, if he thinks that the offences if proved, would deserve summary reduction in rank, shall inform the accused that he can, if he desires, be tried by court-martial and that a rank taken away by sentence of court-martial cannot be regained without submitting it to the chief of the Naval Staff for approval, but the Commodore Bureau of sailor or the Commanding officer would have the power to restore it if the reduction in rank is summarily effected by warrant.

(d) If the accused, within twenty-four hours of such information indicates that he does not wish to be tried by court-martial and the Commanding Officer decides that reduction in rank is the appropriate punishment, necessary steps shall be taken to obtain the approval on the warrant, of a Flag officer or Commodore to whom reference can most conveniently be made, the warrant being accompanied by a summary of the evidence. Each of the witness shall sign the summary of the evidence he has given. The warrant shall be signed, but neither dated nor read until the necessary approval has been obtained, but if such approval cannot be obtained within a reasonable period, the Commanding officer may award the sentence himself, reporting the circumstances without delay to the appropriate Administrative Authority.

(e) Should the accused elect to be tried by court-martial, the necessary steps for the purpose shall be taken.

(f) Should the exigencies of service, such as a single ship being on detached service, not permit a court-martial to be assembled within a reasonable period the senior officer present may, if he considers it necessary, direct the Commanding officer to deal with the case summarily and if in these circumstances, the Commanding officer reduces a Chief Petty officer or Petty Officer to a lower rank, the appropriate Administrative Authority shall order a board of enquiry to assemble at the earliest possible date; if the report of board of enquiry indicates that a lighter punishment would have been sufficient, the said authority may restore the rank from a date to be fixed by it. The accused and the complainant together with the defending officer shall be present during the whole of the time that witnesses are being examined before the board of enquiry. A report, including the minutes of the enquiry, and a copy of warrant shall be forwarded by the Administrative Authority to the chief of the Naval Staff

Where this provision sits

ActRegulations for the Navy Part II
Section30
Marginal noteRight to elect trial by court-martial
JurisdictionCentral
StatusIn force as published by the source

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