77. Charges to be dealt with summarily or by court-marital

(1)

After investigation, a charge against an officer below the rank of

Colonel or against a warrant officer or non-commissioned officer of the rank of Staff Sergeant may, if an authority has power under the following provisions of this Part to deal with it summarily, be so dealt with by that authority (in this Act referred to as the appropriate superior authority) in accordance with those provisions.

(2)

After investigation, a charge against a non-commissioned officer below the rank of Staff Sergeant or against a soldier may, if his commanding officer of the appropriate superior authority has power in that behalf under the following provisions of this Part, be dealt with summarily by such commanding officer or the appropriate superior authority, as the case may be, subject to and in accordance with those provisions.

Royal Brunei Armed Forces 62

(3)

Any charge not dealt with summarily as mentioned in subsections (1) and (2) shall after investigation be remanded for trial by court-martial or otherwise proceeded with in accordance with the following provisions of this Part.

(4)

Notwithstanding anything in the previous provisions of this section, where —

(a)

the commanding officer has investigated a charge against an officer, warrant officer or non-commissioned officer of the rank of

Staff Sergeant; or

(b)

the commanding officer has investigated a charge against a non-commissioned officer below the rank of Staff Sergeant or against a soldier which is not a charge which can be dealt with summarily, the commanding officer may dismiss the charge if he is of opinion that it ought not to be further proceeded with.

(5)

References in this Act to dealing summarily with a charge are references to the taking by the appropriate superior authority or the commanding officer of the accused, as the case may be required, of the following action —

(a)

determining whether the accused is guilty;

(b)

dismissing the charge; or

(c)

recording a finding of guilty accordingly, and awarding punishment.

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