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Section 7: Powers of punishment of Commanding Officer

Regulations for the Navy Part IICentral Regulations · 1957

(1) The Commanding officer may summarily try and punish any offence triable under the Act Committed by a sailor other than a capital offence and may, subject to the provisions of these regulations, award the several punishments specified in regulation 13, provided that: -

(a) If the offence is alleged to have been committed by a sailor who is entitled under these regulations to electorial by court-martial, the procedure described in these regulations therefore shall be followed;

(b) except as provided in regulation 36 a Chief Petty Officer, a Petty Officer, a sailor holding a leading rank or a sailor holding a good conduct badge shall not be summarily sentenced to imprisonment or detention:

(c) a Commanding Officer shall not try summarily an offence where the Chief of the Naval Staff has by general or special order directed that it shall be dealt with by court-martial.

(2) If the Commanding Officer, in cases within his jurisdiction considers that the offence cannot be adequately punished within his powers of punishment or where for other reasons he considers it desirable, he shall apply for a court-martial in the manner hereinafter provided.

(3) The officer next in command is to assume the powers of trial and punishment of the commanding Officer only if the Commanding Officer has ceased to exercise command through sickness or for any other reason or because of absence on duty or leave during which he will be absent from the ship for over forty-eight hours.

Where this provision sits

ActRegulations for the Navy Part II
Section7
Marginal notePowers of punishment of Commanding Officer
JurisdictionCentral
StatusIn force as published by the source

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