HC Deb 26 June 1961 vol 643 cc134-5
Mr. Profumo

I beg to move, in page 26, line 4, at the end to insert: (b) in subsection (6) of section seventy-eight, for the words "the three last foregoing subsections" there shall be substituted the words "the four last foregoing subsections";. This is a drafting Amendment. Subsections (3) to (5) of Section 78 of the Army Act, 1955, set out punishments which a commanding officer may award in summary proceedings and lay down that, if he intends to award certain punishments, the accused must be given the opportunity to elect trial by court-martial. Subsection (6) provides that, if the commanding officer has referred a charge to higher authority with a view to trial by court-martial and higher authority refers it back to be dealt with summarily, he should deal with the accused in the way set out in subsections (3) to (5).

Clause 37 inserts a new subsection (3A) to enable the commanding Officer to reduce a lance-corporal in rank summarily. It is necessary, therefore, to amend the reference in subsection (6) to the three last foregoing subsections to read: the four last foregoing subsections

Amendment agreed to.

Clause, as amended, ordered to stand part of the Bill.

Clauses 38 and 39 ordered to stand part of the Bill.