Royal Brunei Armed Forces Act · s 80

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80.
Summary proceedings by appropriate superior authority
(1) Where a charge falls to be dealt with by an appropriate superior authority pursuant to section 78(4)(b) or 79(2), that authority shall investigate the charge in the prescribed manner and shall then proceed to deal summarily with it:
Provided that an appropriate superior authority may at any time before dismissing the charge or recording a finding of guilty thereon, take the prescribed steps with a view to the charge being tried by court-martial.
(2) If the appropriate superior authority records a finding of guilty, the authority may award one or more of the following punishments —
(a) if the accused is a soldier, detention for a period not exceeding 42 days;
(b) forfeiting of seniority for a specified term or otherwise;
(c) if the accused is a warrant officer or non-commissioned officer, reduction to the ranks or any less reduction in rank;
(d) fine;
(e) if the accused is an officer, warrant officer or non-commissioned officer, severe reprimand or reprimand;

Royal Brunei Armed Forces 66
(f)
where the offence has occasioned any expense, loss or damage, stoppages;
(g) any minor punishment for the time being prescribed:
Provided that the appropriate superior authority may not award a fine for an offence for which the authority awards any reduction in rank or forfeiture or seniority:
And provided further that the appropriate superior authority may not award a fine or minor punishment for an offence for which the authority awards detention:
And provided further that the second proviso to section 78(5) shall have effect as respects fines awarded by virtue of this section as it has effect as respects fines awarded by virtue of section 78 but with the substitution of the figures “42” for the figures “28” where they occur in paragraphs (a) and
(b)(i) of that proviso.
(3) Notwithstanding anything in this section, where the appropriate superior authority has determined that the accused is guilty and if the charge is dealt with summarily will award any of the following punishments —
(a) detention for a period exceeding 14 days;
(b) forfeiture of seniority;
(c) reduction to the ranks or any less reduction in rank; or
(d) a fine of an amount exceeding 14 days’ pay, the authority 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 the authority shall not record a finding but shall take the prescribed steps with a view to the charge being tried by court-martial.

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s 80Summary proceedings by appropriate superior authority

(1)

Where a charge falls to be dealt with by an appropriate superior authority pursuant to section 78(4)(b) or 79(2), that authority shall investigate the charge in the prescribed manner and shall then proceed to deal summarily with it:

Provided that an appropriate superior authority may at any time before dismissing the charge or recording a finding of guilty thereon, take the prescribed steps with a view to the charge being tried by court-martial.

(2)

If the appropriate superior authority records a finding of guilty, the authority may award one or more of the following punishments —

(a)

if the accused is a soldier, detention for a period not exceeding 42 days;

(b)

forfeiting of seniority for a specified term or otherwise;

(c)

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

(d)

fine;

(e)

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

Royal Brunei Armed Forces 66

(f)

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

(g)

any minor punishment for the time being prescribed:

Provided that the appropriate superior authority may not award a fine for an offence for which the authority awards any reduction in rank or forfeiture or seniority:

And provided further that the appropriate superior authority may not award a fine or minor punishment for an offence for which the authority awards detention:

And provided further that the second proviso to section 78(5) shall have effect as respects fines awarded by virtue of this section as it has effect as respects fines awarded by virtue of section 78 but with the substitution of the figures “42” for the figures “28” where they occur in paragraphs (a) and

(b)

(i)

of that proviso.

(3)

Notwithstanding anything in this section, where the appropriate superior authority has determined that the accused is guilty and if the charge is dealt with summarily will award any of the following punishments —

(a)

detention for a period exceeding 14 days;

(b)

forfeiture of seniority;

(c)

reduction to the ranks or any less reduction in rank; or

(d)

a fine of an amount exceeding 14 days’ pay, the authority 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 the authority shall not record a finding but shall take the prescribed steps with a view to the charge being tried by court-martial.