Part 6

Summary Hearing and Appeals and Review
Chapter 1

Summary Hearing

Punishments available to commanding officer

Detention: limits on powers
133
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,
aa
corporal in the Royal Marines;
b
lance corporal or lance bombardier in any of Her Majesty’s military forces,
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.
2A
In relation to the Royal Air Force Regiment, the reference in subsection (2)(c) to a corporal is to be read as a reference to a lance corporal.
3
A commanding officer has extended powers for the purposes of subsection (1) or (2) if he has, within the relevant time (defined by section 135A) —
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.
S. 133 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
S. 133 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
Words in s. 133(3) substituted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 10; S.I. 2012/669, art. 4(d)
S. 133(2)(aa) inserted (1.5.2022) by Armed Forces Act 2021 (c. 35), ss. 13(5)(a), 24(1); S.I. 2022/471, reg. 4(c) (with reg. 5)
Words in s. 133(2)(b) inserted (1.5.2022) by Armed Forces Act 2021 (c. 35), ss. 13(5)(b), 24(1); S.I. 2022/471, reg. 4(c) (with reg. 5)
S. 133(2A) inserted (1.5.2022) by Armed Forces Act 2021 (c. 35), ss. 13(6), 24(1); S.I. 2022/471, reg. 4(c) (with reg. 5)