§ 52D.—(1) This section applies where a charge is to be tried summarily.
§ (2) If the commanding officer considers that, if the charge were proved, he would award a punishment—
- (a) in the case of a warrant officer, of disrating, a fine or stoppages;
- (b) in the case of any other rating, of dismissal from Her Majesty's service, detention or disrating,
he shall afford the accused an opportunity of electing court-martial trial.
§ (3) If the accused so elects and does not withdraw his election with leave, the commanding officer shall refer the charge to higher authority with a view to the trial of the accused by court-martial.
§ (4) If a charge has been referred to higher authority as a result of an election for court-martial trial, and that election is withdrawn with leave, the higher authority shall refer the charge back to the commanding officer of the accused to be tried summarily.
§ (5) If, in the course of trying the charge, the commanding officer considers that it should not be tried summarily, he may refer the charge to higher authority.
§ (6) If the commanding officer determines that the charge has not been proved, he shall acquit the accused.
§ (7) If the commanding officer determines that the charge has been proved, he shall record a finding of guilt and award punishment accordingly.
§ (8) A commanding officer shall not have power on a summary trial to award a sentence of dismissal with disgrace from Her Majesty's service, a sentence of imprisonment or a sentence of detention for any term exceeding three months.