§ 76.—(1) An allegation that a person subject to air—force law ("the accused") has committed an offence against any provision of this Part of this Act shall be reported, in the form of a charge, to his commanding officer.
§ (2) A commanding officer shall investigate a charge reported to him under subsection (1) above.
§ (3) If, in the course of investigating a charge, the commanding officer considers it appropriate to do so, he may amend the charge or substitute another charge for it and treat the amended or substituted charge as if that charge had been reported to him under subsection (1) above.
§ (4) If, in the course of investigating a charge, it appears to the commanding officer that proceedings in respect of the matters to which the charge relates could be, and in the interests of the better administration of justice should be, taken against the accused otherwise than under this Act he may stay further proceedings with respect to the charge.
§ (5) After investigating a charge the commanding officer may, subject to subsection (6) below—
- (a) dismiss the charge;
- (b) refer the charge to higher authority; or
- (c) deal summarily with the charge.
§ (6) The commanding officer may not deal summarily with a charge if—
- (a) the accused is an officer or warrant officer; or
- (b) the charge is not capable of being dealt with summarily.
§ (7) This section has effect subject to any power of the commanding officer under section 103A(1) below to direct that the charge be tried by a field general court-martial.