Part 2

Jurisdiction and Time Limits
Chapter 1

Jurisdiction

Commanding officers

Offences that may be dealt with at a summary hearing
53
1
The following service offences may be dealt with at a summary hearing—
a
an offence under section 4(3);
b
an offence under any of sections 9 to 15;
c
an offence under section 16(1)(a), or an offence under section 16(1)(c) committed by omission;
d
an offence under any of sections 17 to 29;
e
an offence under section 30(1) of negligently doing an act that results in a person's escape, or an offence under section 30(2);
f
an offence under any of sections 34 to 36;
g
an offence under section 42 (criminal conduct) within subsection (3);
ga
an offence under section 93A, 93E or 93G (testing for alcohol or drugs on suspicion);
h
an offence under section 107;
i
an offence under section 305 (random drug testing);
j
any service offence under regulations under section 328 or 343;
k
an offence under section 96 or 97 of the Reserve Forces Act 1996 of absence without leave.
2
Any reference in a paragraph of subsection (1), except paragraph (g), to an offence includes an offence under section 39 of attempting to commit that offence.
3
An offence under section 42 is within this subsection if the corresponding offence under the law of England and Wales is—
a
an offence listed in either Part of Schedule 1 (criminal conduct offences that may be dealt with at a summary hearing); or
b
an offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit an (indictable) offence so listed.
4
The Secretary of State may by order amend Schedule 1.
S. 53 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. 53 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
S. 53(1)(ga) inserted (1.11.2013) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 4(2); S.I. 2013/2501, art. 3(d)
S. 53(1)(i) substituted (1.11.2013) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 4(3); S.I. 2013/2501, art. 3(d)