s.40Penalty on summary conviction
40
Section 40Part 9DISCIPLINE, TRIAL AND PUNISHMENT OF MILITARY AND OTHER OFFENCES

Penalty on summary conviction

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Where a member of the Regiment elects a hearing before a summary court in accordance with this Part, the member of the Regiment shall be liable on conviction to a fine equal to twenty eight days' pay or to imprisonment for a term of three months, or to both.
Where a member of the Regiment is convicted by a summary court, the Commanding Officer may recommend to the Governor that the member should be dishonourably discharged from the Regiment.
The Governor, on receiving a recommendation from the Commanding Officer that a member of the Regiment who is convicted by a summary court should be dishonourably discharged, may —
so discharge the member; or
remit the case to the Commanding Officer requiring the Commanding officer to reconsider the Commanding Officer's recommendation.