The Army Act 1955 provides that a Commanding Officer (C.O.) may investigate and, after conducting a summary hearing, award limited punishments to private soldiers and N.C.O.s for a range of minor criminal and military offences.
Equivalent provisions exist for summary dealing with Warrant Officers and officers by Appropriate Superior Authorities.
The procedures for summary dealing were extensively reformed by the Armed Forces Discipline Act 2000, which introduced new procedures and safeguards to ensure that the accused is dealt with fairly. New procedures were introduced in order to require a C.O. to obtain the authority of an independent judicial officer if it is necessary to keep an accused in custody prior to a summary hearing or court-martial. In addition, an accused is now entitled to receive copies of the evidence against him in advance of the summary hearing in order to allow him to prepare his defence. He has also been given the right to elect trial by court-martial before his summary hearing takes place if he does not wish the C.O. to deal with his case.
The C.O will hear the evidence against the accused, who in turn is entitled to challenge that evidence by questioning the witnesses and by producing his own witnesses.
If the C.O. finds the charge proven, he will proceed to award punishment after considering any mitigating circumstances.
The powers of punishment of the C.O. are limited. A C.O. may award no more than 28 days' detention (or up to 60 days' detention if special permission is granted). The C.O. may alternatively fine an accused up to 28 day's pay or award one of a range of lesser penalties.
An accused who receives as a punishment a period of detention may opt to postpone commencing his detention for up to 14 days from the date of the award. This is to allow an accused the opportunity to appeal to the Summary Appeal Court (S.A.C.) against the finding and/or the punishment awarded by the C.O.
The S.A.C. consists of a judge advocate and two officers who will re-hear the evidence in the case. They may uphold the C.O.'s finding and/or award or they may quash or vary it. All accused dealt with summarily have the right to appeal to the S.A.C. but must normally do so within 14 days of the date of the award.
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