Certain minor or disciplinary offences may be dealt with by your Commanding Officer by way of a summary hearing. You have an absolute right to elect trial by a Court Martial should you not want your Commanding Officer to deal with the matter, regardless of the seriousness of the charge. You may appeal your Commanding Officers decision to the Summary Court.
You are not entitled to legal representation for any summary cases heard by your Commanding Officer. However, you have the right of election to a Court Martial where you are entitled to legal representation. If you elect trial by Courts Martial, the level of sentence that you could receive is restricted, in that the court cannot pass a higher sentence than one that would have been available to your Commanding Officer.
If you appeal a summary hearings finding to the Summary Appeal Court, you will be entitled to legal representation.
A summary hearing could affect your promotion prospects, and so it is important that if you face any disciplinary matter before your Commanding Officer, including an administrative action, you should speak to a member of our team and consider your options.
Contact one of our specialist military lawyers today