Section 35Part 9 — DISCIPLINE, TRIAL AND PUNISHMENT OF MILITARY AND OTHER OFFENCES
Circumstances in which Commanding Officer has power to charge etc.
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Where the Commanding Officer becomes aware of an allegation which indicates, or circumstances which indicate, that the person has or may have committed a military offence or an offence under section 25 or 28(5), the Commanding Officer has initial powers in respect of the case.
Subsection (1) does not apply if the allegation or circumstances —
give or have given rise to the duty under section 33; or
are being or have been investigated by a police force.
If an allegation or circumstances mentioned in subsection (1) relate to —
two or more incidents or alleged incidents, or
the conduct or alleged conduct of two or more persons,
each person's conduct in relation to each incident is to be regarded as giving rise to a separate case.
Cross References
- Section 33 of Defence Act
section 33
- Section 25 of Defence Act
offence under section 25
- Section 28 of Defence Act
offence under section 28(5)