Royal Brunei Armed Forces Act · s 78

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78.
Further proceedings on charges against non-commissioned officers below the rank of Staff Sergeant and soldiers
(1) The following provisions of this section shall have effect when the commanding officer has investigated a charge against a non-commissioned officer below the rank of Staff Sergeant or against a soldier.
(2) If the charge is not one which can be dealt with summarily and the commanding officer has not dismissed it, he shall take the prescribed steps with a view to the charge being tried by court-martial.

Royal Brunei Armed Forces
(3) If the charge is one which can be dealt with summarily but the commanding officer is of opinion that it should not be so dealt with by him, he shall submit it in the prescribed manner to the appropriate superior authority, and thereupon such authority shall determine how the charge is to be proceeded with in accordance with subsection (4).
(4) Any appropriate superior authority to whom the charge is submitted pursuant to subsection (3) shall —
(a) determine that the prescribed steps shall be taken with a view to the charge being tried by court-martial;
(b) deal   with   the charge summarily in accordance with section 80; or
(c) refer the charge back to the commanding officer to be dealt with summarily by him:
Provided that a charge shall not be referred back without the written consent of the accused.
(5) If the charge is one which can be dealt summarily and the commanding officer has not dismissed it and is of the opinion that it should be dealt with summarily by him, or it has been referred back to be so dealt with by him pursuant to subsection (4)(c), he shall proceed to deal with the charge summarily; and if he records a finding of guilty he may award one or more of the following punishments —
(a) if the accused is a soldier, detention for a period not exceeding 28 days;
(b) if the accused is a non-commissioned officer below the rank of Sergeant, reduction to the ranks or any less reduction in rank;
(c) fine;
(d) if the accused is a non-commissioned officer, a severe reprimand or reprimand;
(e) where the offence has occasioned any expense, loss or damage, stoppages; and
(f)
any minor punishment for the time being prescribed:

Royal Brunei Armed Forces 64

Provided that no fine or minor punishment shall be awarded for an offence for which detention is awarded:
And provided further that the amount of a fine that may be awarded for —
(a) except in the case of an offence against section 72, shall not exceed the amount of the offender’s pay for 28 days; and
(b) in the excepted case of an offence against section 72 —
(i) in any case, shall not exceed the amount of the offender’s pay for 28 days; and
(ii) where the maximum amount of any fine by which the civil offence constituting the offence against section 72
is punishable by a civil court (or by the most subordinate of any two or more such courts by which the said civil offence is punishable) is less than the amount limited by sub-paragraph (i), shall not exceed that maximum, a day’s pay being taken for the purposes of this proviso, as respects a person found guilty of any offence, as the gross pay that is, or would (apart from any forfeiture or deduction) be, issuable to that person in respect of the day on which punishment is awarded in respect of the offence.
(6) Notwithstanding anything in subsection (5), where the commanding officer has determined that the accused is guilty and if the charge is dealt with summarily will award any of the following punishments —
(a) reduction to the ranks or any less reduction in rank;
(b) a fine of an amount exceeding 14 days pay; or
(c) stoppages for a period exceeding 14 days, he shall not record a finding until after affording the accused an opportunity of electing to be tried by court-martial; and if the accused so elects and does not subsequently in accordance with General Orders withdraw his election, the commanding officer shall not record a finding but shall take the prescribed steps with a view to the charge being tried by court-martial.

Royal Brunei Armed Forces

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s 78Further proceedings on charges against non-commissioned officers below the rank of Staff Sergeant and soldiers

(1)

The following provisions of this section shall have effect when the commanding officer has investigated a charge against a non-commissioned officer below the rank of Staff Sergeant or against a soldier.

(2)

If the charge is not one which can be dealt with summarily and the commanding officer has not dismissed it, he shall take the prescribed steps with a view to the charge being tried by court-martial.

Royal Brunei Armed Forces

(3)

If the charge is one which can be dealt with summarily but the commanding officer is of opinion that it should not be so dealt with by him, he shall submit it in the prescribed manner to the appropriate superior authority, and thereupon such authority shall determine how the charge is to be proceeded with in accordance with subsection (4).

(4)

Any appropriate superior authority to whom the charge is submitted pursuant to subsection (3) shall —

(a)

determine that the prescribed steps shall be taken with a view to the charge being tried by court-martial;

(b)

deal with the charge summarily in accordance with section 80; or

(c)

refer the charge back to the commanding officer to be dealt with summarily by him:

Provided that a charge shall not be referred back without the written consent of the accused.

(5)

If the charge is one which can be dealt summarily and the commanding officer has not dismissed it and is of the opinion that it should be dealt with summarily by him, or it has been referred back to be so dealt with by him pursuant to subsection (4)(c), he shall proceed to deal with the charge summarily; and if he records a finding of guilty he may award one or more of the following punishments —

(a)

if the accused is a soldier, detention for a period not exceeding 28 days;

(b)

if the accused is a non-commissioned officer below the rank of Sergeant, reduction to the ranks or any less reduction in rank;

(c)

fine;

(d)

if the accused is a non-commissioned officer, a severe reprimand or reprimand;

(e)

where the offence has occasioned any expense, loss or damage, stoppages; and

(f)

any minor punishment for the time being prescribed:

Royal Brunei Armed Forces 64

Provided that no fine or minor punishment shall be awarded for an offence for which detention is awarded:

And provided further that the amount of a fine that may be awarded for —

(a)

except in the case of an offence against section 72, shall not exceed the amount of the offender’s pay for 28 days; and

(b)

in the excepted case of an offence against section 72 —

(i)

in any case, shall not exceed the amount of the offender’s pay for 28 days; and

(ii)

where the maximum amount of any fine by which the civil offence constituting the offence against section 72

is punishable by a civil court (or by the most subordinate of any two or more such courts by which the said civil offence is punishable) is less than the amount limited by sub-paragraph (i), shall not exceed that maximum, a day’s pay being taken for the purposes of this proviso, as respects a person found guilty of any offence, as the gross pay that is, or would (apart from any forfeiture or deduction) be, issuable to that person in respect of the day on which punishment is awarded in respect of the offence.

(6)

Notwithstanding anything in subsection (5), where the commanding officer has determined that the accused is guilty and if the charge is dealt with summarily will award any of the following punishments —

(a)

reduction to the ranks or any less reduction in rank;

(b)

a fine of an amount exceeding 14 days pay; or

(c)

stoppages for a period exceeding 14 days, he shall not record a finding until after affording the accused an opportunity of electing to be tried by court-martial; and if the accused so elects and does not subsequently in accordance with General Orders withdraw his election, the commanding officer shall not record a finding but shall take the prescribed steps with a view to the charge being tried by court-martial.

Royal Brunei Armed Forces