Section 124: Charges to be dealt with summarily or by court-martial

(1) After investigation, a charge against an officer below the rank of lieutenant colonel or its equivalent or against a warrant or petty officer may, if an authority has power under the provisions of this Part and Part XIII of this Act to deal with it summarily, be so dealt with by that authority (in this Act referred to as "the appropriate superior authority") in accordance with those provisions.
(2) After investigation, a charge against a non-commissioned officer, soldier, rating or an aircraftman may be dealt with summarily by his commanding officer subject to and in accordance with the following provisions of this Part and Part XIII of this Act.
(3) A charge not dealt with summarily shall, after investigation, be remanded for trial by a court-martial.
(4) Notwithstanding anything in the foregoing provisions of this section, where the commanding officer has investigated a charge against an officer or a warrant or petty officer, he may dismiss the charge if he is of opinion that it ought not to be further proceeded with.
(5) References in this Act to dealing summarily with a charge are references to the taking by the appropriate superior authority or the commanding officer of the accused, as the case may require, of the following action, this is-
(a) dismissing the charge; or
(b) determining whether the accused is guilty; or
(c) where the accused is guilty, recording a finding of guilty and awarding punishment; or
(d) condoning the offence in accordance with the provisions of this Act.
(6) A commanding officer shall not deal summarily with a charge under any of the following sections of this Act, that is-
(a) sections 45, 46, 47. 48, 51, 52, 53, 65, 66, 67, 69, 70, 71, 72, 73, 75, 76, 83, 88, 91 and 93;
(b) sections 95 and 98 so far as they are applicable to an offence under any of the provisions mentioned in paragraph (a) of this subsection.
(7) Where an officer holding a post specified in Part VIII of this Act has been absent from his post on duty or approved leave for more than 96 hours, continuously, or has otherwise ceased to carry out his duties through sickness or any cause, any other officer temporarily authorised to carry out the duties of the post may while so authorised by the commanding officer carry out the duties of the substantive holder of the post and Part XIII of this Act shall be construed accordingly.
(8) The power conferred by subsection (1) of this section may, in the case of an officer in command of a ship or Naval establishment and subject to any rules made under this Act, be exercised-
(a) in respect of a person on board a single tender or boat who is absent from the ship or establishment on detached service, by the officer in command of that tender or boat;
(b) in respect of persons on board one or two or more tenders or boats who are absent as aforesaid on detached service in company or acting together, by the officer in immediate command of those persons.