| SUMMARY TRIAL OF NON-UNIFORMED SERVICEMEN BY NUSAF DISCIPLINARY OFFICERS |
| Summary disposal of charges for offences not specified in Schedule to Act |
| 3. No charge made against any non-uniformed serviceman in respect of any offence that is not specified in the Schedule to the Act shall be dealt with summarily under these Regulations. |
4.—(1) Before an allegation against any non-uniformed serviceman (referred to in these Regulations as the accused) that he has committed an offence under the Act is further proceeded with, the allegation shall be reported in the form of a charge to a NUSAF disciplinary officer and dealt with in accordance with the provisions of these Regulations. | (2) If the accused is a NUSAF officer below officer grade 1 or a non-uniformed serviceman of service grade A, the charge shall, within the time specified in regulation 28, be brought before a NUSAF superior commander. |
| (3) If the accused is a non-uniformed serviceman below service grade A, the charge shall, within the time specified in regulation 28, be brought before a NUSAF junior disciplinary officer. |
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| Powers of NUSAF junior disciplinary officer when dealing with charge |
5. A NUSAF junior disciplinary officer when dealing with a charge may —| (a) | dismiss the charge if he is of the opinion that it ought not to be proceeded with; | | (b) | try the accused summarily; or | | (c) | if he is of the opinion that the charge should not be dealt with by him —| (i) | refer the charge to a NUSAF senior disciplinary officer for summary trial; or | | (ii) | refer the charge to a NUSAF senior disciplinary officer recommending that the accused be tried by a subordinate military court. |
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| Powers of NUSAF senior disciplinary officer when dealing with charge |
6.—(1) A NUSAF senior disciplinary officer when dealing with a charge may —| (a) | dismiss the charge if he is of the opinion that it ought not to be proceeded with; | | (b) | try the accused summarily; or | | (c) | if he is of the opinion that the charge should not be dealt with by him, refer it to a NUSAF superior commander recommending that the accused be tried by a subordinate military court. |
(2) On receipt of a charge under paragraph (1), the NUSAF superior commander shall —| (a) | direct that the charge be tried by the NUSAF senior disciplinary officer who referred the charge or by any other NUSAF senior disciplinary officer; or | | (b) | refer the charge to the Director, Legal Services. |
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| Powers of NUSAF superior commander when dealing with charge |
7. A NUSAF superior commander when dealing with a charge other than a charge referred to him under regulation 6(1) may —| (a) | dismiss the charge if he is of the opinion that it ought not to be proceeded with; | | (b) | try the accused summarily; or | | (c) | if he is of the opinion that the charge should not be dealt with by him, refer the charge to the Director, Legal Services. |
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| Restrictions on power to dismiss charge |
8.—(1) A NUSAF disciplinary officer shall not dismiss a charge unless he is satisfied that —| (a) | the charge is groundless; or | | (b) | there are special circumstances which justify its dismissal. |
| (2) A NUSAF disciplinary officer shall record the reasons for the dismissal of a charge. |
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| Powers of punishment of NUSAF junior disciplinary officer |
9. A NUSAF junior disciplinary officer may, upon conviction of an accused below service grade A, impose any one of the following punishments: | (a) | a fine not exceeding —| (i) | in the case of non-uniformed servicemen above service grade B5, a sum of $300; and | | (ii) | in the case of non-uniformed servicemen of service grade B5 and below, a sum of $100; |
| | (b) | reprimand; or | | (c) | minor punishment of admonishment. |
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| Powers of punishment of NUSAF senior disciplinary officer |
10.—(1) A NUSAF senior disciplinary officer may, upon conviction of an accused below service grade A, impose any one of the following punishments: | (a) | reduction in service grade; | | (b) | reversion in service grade; | | (c) | a fine not exceeding —| (i) | in the case of non-uniformed servicemen above service grade B5, a sum of $500; and | | (ii) | in the case of non-uniformed servicemen in service grade B5 and below, a sum of $150; |
| | (d) | reprimand; or | | (e) | minor punishment of admonishment. |
| (2) In addition to or in lieu of any other punishment, the NUSAF senior disciplinary officer may order that the accused shall suffer any deduction from his ordinary pay authorised by the Act. |
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| Powers of punishment of NUSAF superior commander |
11.—(1) A NUSAF superior commander may, upon conviction of an accused who is a NUSAF officer below officer grade 1 or a non-uniformed serviceman in service grade A, impose any one of the following punishments: | (a) | forfeiture of seniority of grade and forfeiture of all or any part of his service for purposes of promotion; | | (b) | a fine not exceeding —| (i) | in the case of NUSAF officers who are of officer grade 2, 3, 4, or 5, a sum of $1,000; and | | (ii) | in the case of NUSAF officers below officer grade 5 and non-uniformed servicemen in service grade A, a sum of $500; or |
| | (c) | reprimand. |
| (2) In addition to or in lieu of any other punishment, the NUSAF superior commander may order that the accused shall suffer any deduction from his ordinary pay authorised by the Act. |
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| Powers of Senior Disciplinary Committee |
12.—(1) A charge against a NUSAF officer of or above officer grade 1 may be dealt with summarily by the Senior Disciplinary Committee. (2) The Senior Disciplinary Committee may —| (a) | dismiss the charge if it is of the opinion that the charge ought not to be proceeded with; or | | (b) | deal with the case summarily and, upon conviction of the accused, impose any one or all of the following punishments: | (i) | forfeiture of seniority of grade and forfeiture of all or part of service for purposes of promotion; | | (ii) | a fine not exceeding a sum of $1,500; or | | (iii) | reprimand. |
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| (3) In addition to or in lieu of any other punishment, the Senior Disciplinary Committee may order that the accused shall suffer any deduction from his ordinary pay authorised by the Act. |
| (4) Where the Senior Disciplinary Committee considers that under this regulation the accused should be tried by a subordinate military court, it shall refer the charge to the Director, Legal Services. |
| (5) Where the Senior Disciplinary Committee has proceeded to deal with a case summarily under this regulation and is satisfied on the evidence as to the guilt of the accused, it shall, before proceeding to conviction and punishment other than a reprimand, afford the accused an opportunity of electing to be tried by a subordinate military court and if the accused so elects, the Senior Disciplinary Committee shall refer the charge to the Director, Legal Services. |
| (6) Every decision of the Senior Disciplinary Committee shall be in accordance with the opinion of the majority of the members dealing with the case. |
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| Referral to Director, Legal Services |
13. The Director, Legal Services, when dealing with a charge referred to him under these Regulations may —| (a) | direct that the charge sheet be submitted to the appropriate convening authority; | | (b) | with the approval of the Armed Forces Council, direct that —| (i) | in the case of a referral by a Senior Disciplinary Committee, the charge be tried by the same or a differently constituted Senior Disciplinary Committee; or | | (ii) | in the case of a referral by a NUSAF superior commander or a NUSAF disciplinary officer, the charge be tried by the same or by a different NUSAF superior commander or NUSAF disciplinary officer; or |
| | (c) | with the approval of the Armed Forces Council, direct that no action be taken against the accused either by way of summary trial or by a subordinate military court. |
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14.—(1) Where an accused is convicted by a NUSAF disciplinary officer or a Senior Disciplinary Committee, the NUSAF disciplinary officer or Senior Disciplinary Committee may, in addition to any other punishment but subject to paragraph (2), order the accused to pay compensation to the party who suffered damage or loss by reason of the offence. | (2) The amount of compensation that may be ordered by a NUSAF junior disciplinary officer shall not exceed a sum of $500 and the amount of compensation ordered by a NUSAF senior disciplinary officer, a NUSAF superior commander or a Senior Disciplinary Committee shall not exceed a sum of $5,000. |
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| 15. An order for payment of compensation made under regulation 14 shall not prejudice any right to any civil remedy for the recovery of damages beyond the amount of compensation paid under the order. |
| Power to quash finding of NUSAF disciplinary officer |
16.—(1) The Armed Forces Council may, upon the advice of the Director, Legal Services —| (a) | quash any finding, sentence, order of dismissal of a charge or award of compensation of a NUSAF disciplinary officer; | | (b) | substitute any new finding for any finding of guilty made by a NUSAF disciplinary officer that is illegal or cannot be supported by the evidence if the new finding could validly have been made by the NUSAF disciplinary officer on the charge and if it appears that the NUSAF disciplinary officer was satisfied of the facts establishing the offence specified or involved in the new finding; or | | (c) | substitute another punishment or a lesser punishment where the sentence of a NUSAF disciplinary officer is invalid or unduly excessive but so that the punishment substituted shall not in any event be greater or more severe than that awarded by the NUSAF disciplinary officer. |
| (2) Any substituted finding or sentence under paragraph (1) shall be treated for all purposes as a finding or sentence of the NUSAF disciplinary officer. |
(3) Where the Armed Forces Council has in any case quashed the finding, sentence, order of dismissal of a charge or award of compensation of a NUSAF disciplinary officer under paragraph (1)(a), it may —| (a) | refer the case to be retried by the same or another NUSAF disciplinary officer; or | | (b) | if it is of the opinion that the case should be retried by a subordinate military court, refer the charge to the Director, Legal Services. |
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| (4) The Armed Forces Council may at any time suspend the execution of any sentence passed by a NUSAF disciplinary officer for such period as it thinks fit. |
| (5) The Armed Forces Council may delegate the exercise of its powers under paragraph (1) to any one of its members or to its Secretary. |
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| Inapplicability of law of evidence |
| 17. A NUSAF disciplinary officer or a Senior Disciplinary Committee shall not be bound by the laws of evidence and shall act in such manner as seems to him or it most expedient for the disposal of the charge. |
| Right of accused to elect for trial by subordinate military court |
18. A NUSAF disciplinary officer who has proceeded to deal with a case summarily and is satisfied on the evidence as to the guilt of the accused shall, before proceeding to conviction and punishment, other than a reprimand or minor punishment, afford the accused an opportunity of electing to be tried by a subordinate military court and, if the accused so elects, the NUSAF disciplinary officer shall forward the documents prescribed in regulation 40(1) to the Director, Legal Services who may —| (a) | direct that a charge be submitted to the convening authority; or | | (b) | with the approval of the Armed Forces Council, direct that no action be taken against the accused either by way of summary trial or by a subordinate military court. |
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| Time limits for summary trial |
19.—(1) Subject to paragraph (2), no person shall be tried under these Regulations —| (a) | if he has been released or discharged from service within 6 months after the commission of the offence, after the expiry of 3 years from the date of the commission of the offence; | | (b) | in any other case, after the expiry of 6 months from the date of the commission of the offence. |
| (2) Notwithstanding paragraph (1), the Armed Forces Council or any NUSAF officer or person authorised by the Council may by order in writing direct a person to be tried after the expiry of the period of 6 months or 3 years referred to in paragraph (1) where the circumstances of the case warrant such a summary trial, except that no person shall be tried after the expiry of any time limit specified in section 111 of the Act for the trial of any offence referred to in that section. |
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| 20. Every Senior Disciplinary Committee or NUSAF disciplinary officer shall keep a record of proceedings conducted by them under these Regulations and, upon the conclusion of the proceedings, shall forward the record to the Director, Legal Services. |
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