DEALING WITH CHARGES
—(1) Subject to paragraphs (3) and (4), when a disciplinary officer deals with a charge he shall first read and, if necessary, explain the charge to the accused and shall then —
hear the evidence himself in accordance with regulation 11; or
if he is so empowered cause the charge to be investigated by an investigating officer and read and consider the investigation material, except that —
notwithstanding that he has heard all or part of the evidence himself, he may, if he is so empowered, cause the charge to be investigated by an investigating officer;
after the charge has been investigated and he has considered the investigation material, he may himself hear evidence in accordance with regulation 11; and
before a senior disciplinary officer refers a charge to a superior commander recommending that the accused be tried by a subordinate military court, or before a superior commander, a service chief or the Chief of Defence Force refers a charge to the person appointed under section 82(5)(a) of the Act, the senior disciplinary officer, the superior commander, the Service Chief or the Chief of Defence Force, as the case may be, shall cause the charge to be investigated by an investigating officer.
(2) A disciplinary officer shall in any event cause a charge to be investigated by an investigating officer where an accused has elected to be tried by a subordinate military court.
(3) Where a person elects to be tried by a subordinate military court while his charge is being dealt with by a junior disciplinary officer, the charge shall be forwarded to a senior disciplinary officer for investigation by an investigating officer before it is forwarded to the person appointed under section 82(5)(a) of the Act.
(4) Where the evidence revealed in accordance with paragraphs (1), (2) and (3) discloses an offence other than the offence which is the subject of the investigation, a new charge alleging that offence may be preferred against the accused in addition to, or in substitution for the original charge and the investigation of the original charge may be treated, for the purposes of these Regulations, as the investigation of the added or substituted charge.
11. When a disciplinary officer deals with a charge by hearing the evidence himself the following procedure shall be observed:
each prosecution witness shall give his evidence orally in the presence of the accused, or the disciplinary officer shall read to the accused a written statement made by the witness, except that a written statement of a prosecution witness shall not be used if the accused requires that the witness shall give his evidence orally;
the accused shall be allowed to cross-examine any prosecution witness;
the accused may, on his own behalf, give evidence on oath or affirmation or may make a statement without being sworn or affirmed;
the accused may call witnesses in his defence, who shall give their evidence orally and in his presence;
the disciplinary officer shall at this stage decide upon the evidence whether to dismiss the charge, convict the accused or, in accordance with his powers under the Act, refer the charge to a senior disciplinary officer, a superior commander or the person appointed under section 82(5)(a) of the Act;
the disciplinary officer, if he is satisfied on the evidence as to the accused’s guilt, shall, before recording a conviction or awarding any punishment, examine the conduct sheets of the accused and may hear evidence relating to the character of the accused or any other evidence for the purpose of determining the punishment;
the disciplinary officer may, if he considers that in the circumstances of the case a proper punishment for the offence would be a reprimand or a minor punishment, proceed to the conviction of the accused and the award of the punishment without giving him an opportunity of electing to be tried by a subordinate military court;
the disciplinary officer, if he considers that in the circumstances of the case a proper punishment for the offence would be a punishment other than a reprimand or a minor punishment, shall, before recording a conviction or awarding any punishment, afford the accused an opportunity of electing to be tried by a subordinate military court;
if the accused does not elect to be tried by a subordinate military court, the disciplinary officer shall proceed to conviction and the award of punishment;
the evidence shall not be given on oath or affirmation unless the disciplinary officer so directs or the accused so demands;
when a witness objects to taking an oath, the disciplinary officer shall cause him to make an affirmation;
if the evidence is given on oath or affirmation, the disciplinary officer shall, subject to accused’s right to make a statement without being sworn or affirmed, administer the oath or affirmation to each witness and to any interpreter in accordance with regulation 23;
any witness testifying in a summary trial shall be liable to be asked questions by the disciplinary officer; and
the disciplinary officer may adjourn the trial if he considers that the interests of justice so requires.
12. Before a disciplinary officer deals summarily with a charge after the charge has been investigated by an investigating officer —
any prosecution witness who has not given his evidence orally shall do so if the accused requires it; and
the disciplinary officer shall give the accused a further opportunity to give evidence on oath or affirmation or to make a statement without being sworn or affirmed and to call witnesses in his defence.
13. A disciplinary officer may dismiss a charge at any time during which he is dealing with it if he is of the opinion that it ought not to be proceeded with further.
—(1) Where a Senior Disciplinary Committee deals with a charge against an officer of and above the rank of brigadier-general or where the Armed Forces Council has referred a case to be retried by a Senior Disciplinary Committee under section 75 (4)(a)(ii) of the Act a charge against an officer of the rank of colonel, the Senior Disciplinary Committee shall deal with the charge in the best manner that is calculated to achieve the ends of justice.
(2) Without prejudice to the generality of paragraph (1), a Senior Disciplinary Committee shall, when dealing with a charge referred to in that paragraph, follow with such modifications and variations as may be necessary the same procedure as that prescribed for a disciplinary officer when dealing with a charge.