Part 6Summary Hearing and Appeals and Review

Chapter 1Summary Hearing

Punishments available to commanding officer

I1133Detention: limits on powers

1

The maximum term of detention that a commanding officer may award under row 1 of the Table in section 132 to an able rate, marine, soldier or airman is—

a

90 days if the commanding officer has extended powers for the purposes of this subsection;

b

otherwise, 28 days.

2

A commanding officer may not award detention under row 1 of the Table in section 132 to a person of any of the following ranks—

a

leading rate,

b

lance corporal or lance bombardier,

c

corporal in any of Her Majesty's air forces,

unless the commanding officer has extended powers for the purposes of this subsection; and the maximum term of detention that a commanding officer may (if he has those powers) award such a person is 90 days.

3

A commanding officer has extended powers for the purposes of subsection (1) or (2) if he has, before the summary hearing of the charge or charges—

a

applied to higher authority for extended powers for the purposes of that subsection; and

b

been notified by higher authority that his application has been granted.

4

A commanding officer also has extended powers for the purposes of subsection (1) or (2) if he is of or above the rank of rear admiral, major-general or air vice-marshal.