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Armed Forces Act 2006

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This is the original version (as it was originally enacted).

Summary hearing
131Summary hearing

(1)This section applies where a commanding officer hears a charge summarily.

(2)The commanding officer may dismiss the charge at any stage of the hearing; but this is subject to subsection (4) and to any provision of rules under section 153.

(3)If the commanding officer determines that the charge has not been proved, he must dismiss the charge.

(4)If the commanding officer determines that the charge has been proved, he must—

(a)record a finding that the charge has been proved; and

(b)award one or more of the punishments authorised by section 132.

(5)Where the commanding officer records findings that two or more charges against a person have been proved, the award he must make under subsection (4) is a single award (consisting of one or more of those punishments) in respect of the charges taken together.

(6)Nothing in this section authorises a commanding officer to include in an award two or more punishments within the same row of the Table in section 132, except where those punishments are—

(a)different minor punishments which regulations made under row 7 of the Table permit to be awarded together; or

(b)service compensation orders.

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