Section 96
Charges to be dealt with summarily or by court-martial
(1)
After investigation, a charge against a commissioned officer below the rank of lieutenant-colonel or its equivalent or against a warrant officer 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 accordance with those provisions.
(2)
After investigation, a charge against an appointed officer or against a serviceman or volunteer (when subject to service law under this Act) below the rank of warrant officer may be dealt with summarily by his commanding officer, subject to and in accordance with the following provisions of this Part.
(3)
If, after investigation, any charge is not dealt with summarily as aforesaid, the accused shall be remanded for trial by court-martial.
(4)
Notwithstanding anything in the foregoing provisions of this section, where—
Armed Forces 87
(a)
the commanding officer has investigated a charge against a commissioned officer or a warrant officer; or
(b)
the commanding officer has investigated a charge against an appointed officer or against a serviceman or volunteer
(when subject to service law under this Act) below the rank of warrant officer, which is not one which can be dealt with summarily, the commanding officer may dismiss the charge if he is of the opinion that it ought not to be further proceeded with.
(5)
References in this Act to dealing summarily with the charge are references to the taking by the appropriate superior authority or the commanding officer of the accused, as the case may require, of the following action, that is to say, determining whether the accused is guilty, dismissing the charge or recording a finding of guilty accordingly and awarding punishment.
Further proceedings on charges against an appointed officer, servicemen and volunteers below the rank of warrant officer