Quotation and commencement. Visit of telling officials and subordinate commanders. Common description of instructing expert. Commanding official of a patient in a medical center.
|Published (Last):||2 October 2014|
|PDF File Size:||14.7 Mb|
|ePub File Size:||9.69 Mb|
|Price:||Free* [*Free Regsitration Required]|
You can change your ad preferences anytime. Upcoming SlideShare. Like this document? Why not share! Embed Size px. Start on. Show related SlideShares at end.
WordPress Shortcode. Published in: Law. Full Name Comment goes here. Are you sure you want to Yes No. Jamil Daime. Kamal Syed. No Downloads. Views Total views. Actions Shares. Embeds 0 No embeds. No notes for slide. Citation and commencement.
Appointment of commanding officers and subordinate commanders. General definition of commanding officer. Commanding officer of a patient in a hospital. Commanding officer of a unit or detachment placed under command of another commanding officer. Limitation of powers of detachment commanders below field rank. Delegation of powers by commanding officer.
Status of officer to whom the commanding officer has delegated powers. Powers of subordinate commanders. Commanding officer of a civilian. Power of commanding officer when dealing with charges. Power of punishment of commanding officer or appropriate superior authority. Restriction of power to dismiss a charge. Charge against civilians with which the appropriate superior authority may deal summarily.
Record of proceedings of summary trial. Citation These Regulations may be cited as the Armed Forces Summary Jurisdiction Regulations , and shall come into force on the 1st day of June, Appointment of commanding officers and subordinate commanders Any appointment made by the higher authority under these Regulations of an officer to be a commanding officer or a subordinate commander-- a may be made subject to restrictions, reservations, exceptions or conditions; b may designate the officer appointed by name, by reference to any appointment or office held by him, or by reference to a class of officers of which the officer appointed is a member, and shall, unless otherwise specified, extend to any officer for the time being performing the duties of the officer so named, or holding, or acting in the place of the holder of, that appointment or office, or acting in the place of a member of that class; c may be made in relation to a particular person or to any class or group of persons, or for a particular case or for a class of cases; 4.
General definition of commanding officer Except where otherwise expressly provided in these Regulations, the commanding officer of a person subject to service law who is charged with an offence is either-- a the officer who has been appointed by higher authority to be commanding officer while able effectively to exercise his powers as such, or b where no appointment has been made under paragraph a of this Regulation the officer who is, for the time being, in immediate command of the unit to which the accused belongs or is attached or any detachment with which the accused is for the time being serving and who is directly responsible in disciplinary matters to an officer empowered to convene a Court Martial to try a serviceman belonging to or attached to that unit or who is serving with that detachment, as the case may be.
Commanding officer of a patient in a hospital The commanding officer of a person subject to service law who is charged with an offence is, while that person is in the care of a unit or detachment of the Armed Forces Hospital as a patient, the officer commanding that unit or detachment.
Commanding officer of a unit or detachment placed under command of another commanding officer Where a unit or detachment is placed for disciplinary purposes under command of the commanding officer of another unit or detachment, that officer is the commanding officer of a member of the unit or detachment so placed under his command who is charged with an offence and, the officer commanding the latter unit or detachment is a subordinate commander for the purpose of these Regulations. Limitation of powers of detachment commanders below field rank 1 When the officer commanding a detachment is below field rank, he may be restricted from exercising all or any of his powers as commanding officer either by the officer commanding the unit to which the detachment belongs, if such unit is in the same command or by higher authority, if it appears necessary to do so, having regard to the rank and experience of the officer commanding the detachment.
Delegation of powers by commanding officer 1 Subject to Regulation 10, an officer who is a commanding officer within the meaning of Regulation 4, 5 or 6 may delegate to a subordinate commander, whatever his rank may be, who is under his command and directly responsible to him in disciplinary matters, the power to investigate and deal summarily with charges with which he himself may so deal under Regulation Provided that such delegation shall not include a the power to remand the accused for trial by court-martial and b the power to order the taking of a summary of evidence or the making of an abstract of evidence.
Status of officer to whom the commanding officer has delegated powers An officer who has had delegated to him by his commanding officer in accordance with Regulation 8 1 power to investigate and deal summarily with charges is, while exercising such power in respect of any person, the commanding officer of that person for the purposes of these Regulations.
Powers of subordinate commanders 1 A subordinate commander to whom power to investigate and deal summarily with charges has been delegated under Regulation 8 1 shall not award a punishment against a non-commissioned officer above the rank of corporal or corresponding rank.
Commanding officer of a civilian The commanding officer of a civilian who is charged with an offence and to whom Part V of the Act applies by virtue of section thereof is such officer net below the rank of lieutenant- colonel or corresponding rank as may be appointed for the purpose by the officer not below the rank of colonel or corresponding rank commanding the body of troops with which, or the command or other area, garrison, shore establishment, station or place in which, the civilian is for the time being.
Charges with which a commanding officer or appropriate superior authority may deal summarily A commanding officer or an appropriate superior authority may deal summarily with a charge under any of the following sections of the Act: 44, 46 e , 49, 50 2 , 51, 52, 55, 56, 57, 58, 59 1 ff , 60, 61 c and d , 62 c , 63, 64, 65 2 , 66, 67, 72, 77 a and 6 , 81 6 , 86 where the principal offence can be dealt with summarily by virtue of this Regulation ; 87 and 88 where the civil offence is one which is specified in the Second Schedule to these Regulations.
Restrictions on power to dismiss a charge 1 A commanding officer shall not dismiss a charge unless he is satisfied-- 1a that the charge is groundless; or 1b that there are special circumstances which justify its dismissal. Charges against civilians with which appropriate superior authority may deal summarily 1 In the case of a civilian who is subject to part V of the Act under section thereof, an appropriate superior authority may deal summarily with a charge under any of the following sections of the Act: 44, 46 e , 49, 50 2 , 51, 52, 55, 56, 57, 58, 59 1 a , 60, 61 c and d 62 c , 63, 64, 65 2 , 66, 67, 72, 77 a and b , 86 where the offence can be dealt with summarily by virtue of the Regulation ; 87 and 88 where the civil offence in one which is specified in the Second Schedule to these Regulations.
Assault under section of the Penal Code. Using a motor vehicle without a valid motor vehicle licence contrary to section 15 of the Road Transport Act Driving a motor vehicle without a valid driving licence of that class contrary to section 26 of the Road Transport Act Driving a motor vehicle at a speed exceeding the speed limit imposed contrary to section 40 1 of the Road Transport Act Careless and inconsiderate driving contrary to section 43 1 of the Road Transport Act Traffic offences contrary to sections 46, 47, 48 and 49 of the Road Transport Act Taking motor vehicle without consent of the registered owner contrary to section 51 of the Road Transport Act Riding offences by pedal cyclists under section 54 of the Road Transport Act Number, rank, name, unit or other description A short summary of the evidence Election: a Accused accepts summary punishment.
The finding: a Accused is not guilty and charge is dismissed. Plea in mitigation The punishment: I impose on the convicted person the following punishment Subject to Note 3, charge reports in respect of which an accused has been found guilty will 9. When the punishment is admonition only, the charge report will be retained with the Serviceman's documents for three months and thereafter destroyed. A fresh Part B should be used by Commanding Officer if the accused has already appeared before a Subordinate Commander.
Questions to be put to the accused by the officer dealing with the case before the charge is read. Have you received a copy of the charge-sheet and summary abstract of evidence not less than 24 hours ago. Have you had sufficient time to prepare your defence? The officer dealing with the case shall then read the charge s to the accused and ask him the following question: Q. Have you agreed in writing that the witness against you need not give their evidence in person?
If the accused has agreed in writing that the witnesses against him need not give their evidence in person the officer dealing with the case shall read the summary or abstract of evidence to the accused if the accused so requires but, if the accused has not so agreed, the witnesses against him shall give their evidence in person and it shall be recorded on a separate sheet and be attached to this record.
After the summary or abstract of evidence has been read or the witness against the accused have given their evidence , as the case may be, the officer dealing with the case shall say to the accused: Q.
Do you wish to give evidence on oath or to make or hand in a statement without being sworn? Your evidence or statement may deal with the facts of the case, with your character and with matters in mitigation of punishment.
Do you wish to adduce any other evidence in your defence? If the accused elects to give evidence or to make a statement or to call witnesses the evidence for the defence including any statement made by the accused himself shall be recorded on a separate sheet and attached to this record. The officer dealing with the case shall then: i consider all the evidence and determine whether the accused is guilty of the offence or not; and ii if he determines that the accused is guilty examine and consider the accused's record of service.
If he intends to award the punishment of forfeiture of seniority of rank or of a fine or of stoppages or the finding will involve a forfeiture of pay or, in the case of a civilian, if he intends to award any punishment, he shall not announce and record his finding unless the accused says in answer to the following question that he will accept his ward.
Will you accept my award or do you elect to be tried court-martial? Signature, rank and appointment of an appropriate superior authority Made this 26th day of May, PU2 You just clipped your first slide! Clipping is a handy way to collect important slides you want to go back to later. Now customize the name of a clipboard to store your clips. Visibility Others can see my Clipboard.
Akta Angkatan Tentera 1972
The Armed Forces Act Malay : Akta Angkatan Tentera , is a Malaysian laws which enacted to amend and consolidate the law relating to the establishment, government and discipline of the armed forces of Malaysia. The Armed Forces Act , in its current form 1 January , consists of 10 Parts containing sections and 2 schedules including 5 amendments. From Wikipedia, the free encyclopedia. An Act to amend and consolidate the law relating to the establishment, government and discipline of the armed forces of Malaysia. Categories : in Malaysian law Malaysian federal legislation.
Armed Forces Act 1972