NAVY Act

Arrangement of Sections

1. Short title.

PART I

ORGANISATION OF THE SRI LANKA NAVY

2. Sri Lanka Navy.

3. Regular Naval Force.

4. Regular Naval Reserve.

5. Volunteer Naval Force.

6. Volunteer Naval Reserve.

7. Training.

8. Captain of the Navy.

PART II

COMMISSIONED OFFICERS

9. Appointment of commissioned officers.

10. Duration of appointments.

11. Resignation.

12. Enlistment.

PART III

SEAMEN

13. Original enlistment, and re-engagement.

14. Discharge of seamen of Volunteer Naval Force or Volunteer Naval Reserve.

PART IV

SERVICE

15. Employment of Regular Naval Force.

16. Employment of Regular Naval Reserve, Volunteer Naval Force, and Volunteer Naval Reserve.

17. Prolongation of service in the Navy.

18. Relations between naval, military, and air forces of Sri Lanka acting together.

19. Officers and seamen of the Navy in ships and naval establishments of any member of the Commonwealth other than Sri Lanka.

20. Co-operation with foreign naval force.

21. Performance of non-naval duties.

PART V

PERSONS SUBJECT TO NAVAL LAW

22. Meaning of "Person subject to naval law”.

23. Persons liable to naval custody.

24. Persons who may order naval custody.

25. Naval custody of officer seaman not on active service.

26. Time-limit for prosecution.

27. Trial and punishment of offenders who have ceased to be subject to naval law.

PART VI

JUDICIAL POWERS OF COMMANDING OFFICERS

28. Summary trial of offender by Commander or by commanding officers.

29. Right of offender who is a petty-officer or warrant officer to elect to be tried Summary or by court martial.

30. Delegation of commanding judicial powers.

31. Witnesses at summary trials evidence on oath or affirmation.

32. Record of proceedings at summary trials.

PART VII

COURTS MARTIAL

33. Jurisdiction of courts martial.

34. Authorities who may orals courts martial to be held.

35. Constitution of courts martial.

36. Where courts martial are to be held.

37. Sittings of courts martial.

38. Appointment of Judge-Advocate.

39. Duties of Judge-Advocate.

40. Oath or affirmation to be taken or made by members of court martial, Judge-Advocate, and witnesses.

41. Objections by accused to members of court martial.

42. Dissolution of courts martial.

43. Manner of deciding questions before court martial.

44. Recommendation to mercy.

45. Power to order place of court martial to be cleared of persons.

46. Effect of acquittal or conviction of an offence.

47. Where offence proved is included in offence charged.

48. Accused who is of unsound mind.

49. Imprisonment or detention of offender who is under sentence for previous offence.

50. Counsel at court martial.

51. Report of proceedings of court martial.

52. Right of person tried by court martial to copy of proceedings.

53. Preservation of records of proceedings of courts martial.

PART VIII

NAVAL OFFENCES MISCONDUCT IN THE PRESENCE OF THE ENEMY

54. Misconduct in action.

55. Not pursuing the enemy or not assisting a friend in view.

56. Delaying or discouraging.

57. Spies.

58. Correspondence with the enemy.

59. Improper communication with enemy.

NEGLECT OF DUTY

60. Abandonment of post when on active service.

61. Absence without leave when not on active service.

62. Absence without leave for one month.

MUTINY

63. Mutiny with violence.

64. Mutiny without violence.

65. Incitement to mutiny.

66. Making mutinous assemblies or uttering words of mutiny.

67. Concealment of mutinous practice.

68. Striking or attempting to strike any person subject to naval law.

INSUBORDINATION

69. Disobedience of or use of threatening language to superior officer or a junior officer.

70. Quarrelling or using reproachful speech or gestures.

71. Desertion.

72. Inducing desertion.

73. Entertaining deserter.

OFFENCES IN RELATION TO COURTS MARTIAL AND NAVAL OFFICERS EXERCISING JUDICIAL POWERS

74. Absence of member of court martial without just cause.

75. Misconduct of and contempt by witness subject to naval law.

76. False evidence by witness subject naval law.

77. Permitting escape of person in custody.

78. Irregular arrest or confinement.

79. Escape from confinement.

OFFENCES IN RELATION TO PROPERTY

80. Corrupt dealings in respect of supplies to the Navy.

81. Embezzlement of naval stores.

82. Deficiency in or injury to naval property.

83. Unlawfully burning property.

OFFENCES IN RELATION TO DOCUMENTS AND STATEMENTS

84. False documents and declarations.

85. False accusations.

OFFENCES IN RELATION TO ENLISTMENT

86. Enlistment of seaman, soldier, or airman discharged with disgrace.

87. False answers on enlistment.

88. General offences in relation to enlistment.

MISCELLANEOUS OFFENCES

89. Drunkenness and immorality.

90. Cruelty and scandalous conduct.

91. Suffering ships or aircraft to be improperly lost.

92. Not taking care and defending ship under convey.

93. Taking articles on board a ship other than for use of the ship.

94. Causing or aggravating disease or infirmity.

95. Stirring up disturbance on account of victuals or other grounds.

96. Papers found aboard a prize vessel.

97. Embezzlement of property belonging to prize vessel.

98. Ill-treatment of persons on board a prize vessel.

99. Collusion in capturing a vessel as prize.

100. Breaking bulk on board prize vessel with a view to embezzle.

101. Persons subject to naval law giving or receiving illegal gratification in respect of appointments or promotions in the Navy.

102. Injurious disclosures.

103. Failure to deliver to civil court officers and seamen charged with, or convicted of, civil offences.

104. Offences against naval discipline not particularly mentioned.

PART IX

OFFENCES UNDER THIS ACT WHICH ARE NOT NAVAL OFFENCES

105. Unlawful recruiting.

106. False answers by applicants for enlistment.

107. Inducing or assisting officers or seamen or desert or absent themselves without leave or leave improperly.

108. Interference with naval duties.

109. Persons not subject to naval law giving or receiving illegal gratification in respect of appointments or promotions in the Navy.

110. Purchase of naval property.

111. Possession of naval certificate as security for debt.

112. Unauthorised use of naval decorations.

113. Obligations of employers.

114. Misconduct of civilian witness.

115. False evidence and contempt by civilian witness.

116. Unauthorised training of a naval nature.

117. Persons not subject to naval law who aid escape or attempt to escape of naval prisoners or who contravene naval prison regulations.

PART X

PUNISHMENTS BY COURTS MARTIAL IN RESPECT OF CIVIL OFFENCES

118. Treason, murder, homicide not amounting to murder and rape.

119. Any civil offence not mentioned in section 118.

PART XI

AWARD OF PUNISHMENTS BY COURTS MARTIAL AND NAVAL OFFICERS EXERCISING JUDICIAL POWERS

120. Scale of punishments.

121. Special provisions in regard to the award of punishments.

PART XII

REVISION AND EXECUTION OF SENTENCES PASSED BY COURTS MARTIAL AND NAVAL OFFICERS EXERCISING JUDICIAL POWERS

122. Revision of sentences.

123. Sentence of death.

124. Committing authorities.

125. Committal, transfer, removal and release of naval prisoners.

126. Commencement of term of imprisonment or detention.

127. Detention in naval custody.

128. Prisoners of unsound mind.

129. Establishment of naval prisons and naval detention quarters.

PART XIII

CIVIL COURTS

130. Jurisdiction of civil courts affected by this Act.

131. Delivery of naval offenders to the civil powers.

132. Issue of prerogative writs by Court of Appeal.

133. Actions against persons for acts done under this Act.

PART XIV

RULES OF EVIDENCE

134. Rules of evidence in proceedings before courts martial.

135. Application of sections 136 to 146.

136. Proof of answers given by a person on enlistment or re-engagement as a seaman.

137. Proof of enlistment.

138. Letters, returns, or other documents respecting service.

139. Copies of regulations and orders printed by Government Printer.

140. Navy list or Gazette.

141. Orders made under this Act by naval authorities.

142. Record made in a book of the Navy in pursuance of duty.

143. Descriptive return.

144. Certificate regarding surrender of alleged deserter or absentee without leave or a person who has improperly left.

145. Certificate regarding arrest or surrender of officer or seaman outside Sri Lanka.

146. Copy of proceedings of court martial.

147. Evidence of conviction or civil court.

PART XV

MISCELLANEOUS

148. Trial of officers for disciplinary offences in time of war.

149. Armed rebels and mutineers.

150. Power to arrest offenders.

151. Arrest of deserters and absentees without leave.

152. Restriction on arrest of officer or seaman for debt.

153. Assignment, seizure or sequestration of pay.

154. Maintenance of wife and children.

155. Power as to restitution of stolen property.

156. Members of any foreign naval force attached to the Navy of Sri Lanka.

157. Vesting of naval property in Commander of the Navy.

158. Provisions as to orders by Commander of the Navy.

159. Naval ports.

160. Exclusion or modified application of written law affecting ports.

161. Regulations.

162. Repealed.

163. Interpretation.

33 of 1976,

34 of 1950,

8 of 1962,

11 of 1962,

21 of 1979,

24 of 1986,

11 of 1993,

53 of 1999,

32 of 2011.

AN ACT to provide for the raising and maintenance of a Navy and for matters connected therewith.

[Date of Commencement: 9th December, 1950]

1. Short title.

This Act may be cited as the Navy Act.

PART I

ORGANISATION OF THE SRI LANKA NAVY

2. Sri Lanka Navy.

(1) There shall be raised and maintained, in accordance with the provisions of this Act and of the regulations made there under, a navy, to be called the Sri Lanka Navy (and hereinafter referred to as the "Navy”), not exceeding such strength as may, from time to time, be determined by Parliament.

[S 2(1) am by s 2 of Act 21 of 1979.]

(2) The Navy shall consist of—

(a) a Regular Naval Force,

(b) a Regular Naval Reserve, and

(c) such Volunteer Naval Force and Volunteer Naval Reserve as may be constituted under sections 5 and 6.

3. Regular Naval Force.

(1) The Regular Naval Force shall consist of officers and seamen who are appointed or enlisted for the purpose of rendering continuous service under this Act during the period of their engagement.

(2) The Regular Naval Force shall be organised in such manner as may, from time to time, be determined by the President.

(3) Where the whole or any part of the Regular Naval Reserve, Volunteer Naval Force, or Volunteer Naval Reserve is called out, as hereinafter provided, on active service or for naval training, the officers and seamen of such reserve, force, or part so called out shall, during the period of such service or training be deemed for all purposes to be officers and seamen of the Regular Naval Force.

4. Regular Naval Reserve.

The Regular Naval Reserve shall consist of officers who by Order of the President are transferred to such reserve from the Regular Naval Force or after service in the Regular Naval Force, and seamen who are transferred to such reserve from the Regular Naval Force in accordance with the terms of their enlistment or after service in the Regular Naval Force.

[S 4 subs by s 2 of Act 11 of 1993.]

5. Volunteer Naval.

(1) There may be raised and maintained, in accordance with the provisions of this Act and of the regulations made thereunder, a force of volunteers for the purpose of rendering service under this Act.

(2) The force of volunteers raised and maintained under this Act shall be called the Volunteer Naval Force.

(3) The Volunteer Naval Force shall be organised in such manner as may, from time to time, be determined by the President.

(4) Every member of the Ceylon Naval Volunteer Force raised under the Naval Volunteer Ordinance, No. 1 of 1937,1 who is not in actual service (within the meaning of that Ordinance) on the day immediately preceding the date on which this Act comes into operation shall be deemed to be a member of the Volunteer Naval Force raised under this Act.

6. Volunteer Naval Reserve.

There may be organised and maintained a Volunteer Naval Reserve consisting of such officers and seamen of the Volunteer Naval Force or of any other unit of the Navy as are transferred to such reserve by order of the President.

7. Training.

The whole or any part of the Regular Naval Reserve, Volunteer Naval Force, or Volunteer Naval Reserve may by order of the President be called out for naval training with the whole or any part of the Regular Naval Force during any period specified in such order.

8. Captain of the Navy.

(1) The President shall appoint a fit and proper person to command the Navy.

(2) The person appointed under subsection (1) shall be designated Commander of the Navy.

[S 8(2) subs by s 2 of Law 33 of 1976.]

PART II

COMMISSIONED OFFICERS

9. Appointment of commissioned officers.

(1) All officers other than warrant officers and subordinate officers shall be appointed by commissions under the hand of the President. An officer so appointed is hereinafter referred to as a "commissioned officer”.

(2) No commission issued by the President under subsection (1) shall become invalid by reason of his death or vacation of office.

10. Duration of appointments.

Every commissioned officer shall hold his appointment during the President's pleasure.

11. Resignation.

(1) A commissioned officer of the Regular Naval Force or Regular Naval Reserve shall not have the right to resign his commission, but may be allowed by the President to do so.

(2) A commissioned officer of the Regular Naval Force or Regular Naval Reserve who tenders his resignation of his commission to the President shall not be relieved of the duties of his appointment, until—

(a) he has returned to the prescribed officer in good order (fair wear and tear only excepted) all such arms, clothing and appointments in his possession as are the property of the Navy; and

(b) the acceptance of his resignation is notified in the Gazette.

[S 11(2) subs by s 3 of Act 11 of 1993.]

(3) Where a commissioned officer of the Volunteer Naval Force or Volunteer Naval Reserve desires to resign his commission on any date, he shall, not less than three months before that date, give the President written notice that he will be resigning his commission on that date.

(4) Where a commissioned officer of the Volunteer Naval Force or Volunteer Naval Reserve has resignation of his commission he shall, upon his in accordance with subsection (3) gives notice of the returning to the prescribed officer in good order (fair wear and tear only excepted) all such arms, clothing and appointments in his possession as are the property of the Navy, be entitled to resign his commission—

(a) if he is not on active service, on the date of resignation specified in such notice; or

(b) if he is on active service, immediately after the termination of such service.

[S 11(4) subs by s 3 of Act 11 of 1993.]

12. Enlistment.

(1) The enlistment of persons as seamen shall be in accordance with such regulations as may be made in that behalf under this Act.

(2) Every person selected for enlistment as a seaman shall appear before a prescribed officer and sign an attestation paper containing the terms of his enlistment.

(3) The attestation paper referred to in subsection (2) shall be in the prescribed form.

PART III

SEAMEN

13. Original enlistment and re-engagement.

(1) Subject to the provisions of section 17, the enlistment of a person as a seaman of the Regular Naval Force shall—

(a) be for the prescribed period which shall be called the period of original enlistment, and

(b) be entirely for service in such force or partly for such service and partly for service in the Regular Naval Reserve.

(2) A seaman may, before the expiry of the period of his original enlistment, be re-engaged for a further period of naval service not exceeding the prescribed maximum period of re-engagement:

Provided however, that when a seaman has entered into a bond to serve the Navy or the Government of Sri Lanka for a specified period, he shall serve the Navy until the expiration of the specified period, notwithstanding the fact that such specified period extends beyond the period of original enlistment or period of re-engagement as the case may be.

[Proviso ins by s 4 of Act 11 of 1993.]

(3) A seaman of the Regular Naval Force or Regular Naval Reserve shall not be relieved of his duties as seaman until he has returned to the prescribed officer in good order (fair wear and tear only excepted) all such arms, clothing and appointments in his possession as are the property of the Navy.

[S 13(3) ins by s 4 of Act 11 of 1993.]

14. Discharge of seamen of Volunteer Naval Force or Volunteer Naval Reserve.

Where a seaman of the Volunteer Naval Force or Volunteer Naval Reserve desires to obtain his discharge from such force or reserve on any date before the expiry of the period for which he has volunteered to serve in such force or reserve, he shall, not less than three months before such date, make a written request to his commanding officer for such discharge; and, if he makes such request, he shall, subject to the provisions of section 17, be entitled to be discharged from such force or reserve on such date, upon his returning to the prescribed officer in good order (fair wear and tear only excepted) all such arms, clothing and appointments in his possession as are the property of the Navy.

[S 14 am by s 5 of Act 11 of 1993.]

PART IV

SERVICE

15. Employment of Regular Naval Force.

The Regular Naval Force shall at all times be liable to be employed on active service.

16. Employment of Regular Naval Reserve, Volunteer Naval Force, and Volunteer Naval Reserve.

(1) The President may—

(a) for the defence of Sri Lanka in time of war whether actual or apprehended; or

(b) for the prevention or suppression of any rebellion, insurrection or other civil disturbance in Sri Lanka,

by Proclamation or, where the circumstances render it impossible to issue a Proclamation, by order call out on active service the whole or any part of all or any of the following units of the Navy:

Regular Naval Reserve;

Volunteer Naval Force;

Volunteer Naval Reserve.

(2) If Parliament is sitting at the date of issue of a Proclamation or an order under subsection (1) the President shall forthwith communicate to Parliament the reason for issuing the Proclamation or order. If Parliament is not then sitting the President shall summon Parliament to meet as soon as possible but not later than thirty days after the aforesaid date, and shall, at the first sitting of Parliament after it is summoned, communicate the aforesaid reason.

(3) All officers and seamen of any such part of the Navy as is called out on active service under subsection (1) shall be deemed to be on such service until the President terminates such service by Proclamation.

17. Prolongation of service in the Navy.

Where the time at which a seaman is entitled to be discharged from the Navy occurs during the period when the whole or any part of the Navy is on active service, the President may by order prolong the service of that seaman in the Navy for such period.

18. Relations between naval, military and air forces of Sri Lanka acting together.

(1) Where an officer or a seaman of the Navy is attached to, or is a member or any part or the Navy acting with, any military or air force of Sri Lanka under such conditions as may be prescribed, then, for the purposes of command and discipline, the officers and the non-commissioned officers (not below the rank of Sergeant) of such force shall, in relation to him, be treated as, and have all the powers (other than powers of punishment) vested in, officers or petty officers of the Navy, as the case may be.

(2) Where an officer or a non-commissioned officer (not below the rank of Sergeant) of the Army or Air Force of Sri Lanka is attached to, or is a member of any military or air force of Sri Lanka which is acting with, any part of the Navy under such conditions as may be prescribed, then, for the purposes of command and discipline, he shall, in relation to that part of the Navy, be treated as, and have all the powers (other than the powers of punishment) vested in, an officer or a petty officer of the Navy, as the case may be.

19. Officers and seamen of the Navy in ships and naval establishments of any member of the Commonwealth other than Sri Lanka.

Any officer or seaman of the Navy who, by order of the Commander of the Navy, is serving in a ship of, or belonging to, the naval forces of any country (other than Sri Lanka) which is a member of the Common Wealth, or in a naval establishment of such country, or who is on board such ship or in such establishment awaiting passage or conveyance to any destination shall, for the purposes of command and discipline, be subject to the laws and customs for the time being applicable to the ships and naval forces of such country.

20. Co-operation with foreign naval force.

(1) If the whole or any part of the Navy is required to act in co-operation with any foreign naval force, the President may place the Navy or such part thereof under the command of the officer commanding such foreign naval force if that officer is senior in rank to all the officers of the Navy or of such part thereof.

(2) Where any officer or petty officer of the Navy is acting in co-operation with any foreign naval force in defense of Sri Lanka, the President may, in agreement with the Commander of such force, define the powers of command and the order of precedence of such officer or petty officer in relation to a member of such force who is of the same or similar rank.

21. Performance of non-naval duties.

(1) The President may order all or any of the members of the Navy to perform such non-naval duties as he may consider necessary in the national interest. The President may order any member of the Navy to perform escort and guard duties in respect of persons suspected, accused or convicted of any offence against the State under Chapter VI of the Penal Code. Whenever an order relating to the performance by any officer of the Navy of civilian administrative duties or by any member of the Navy of escort and guard duties is made under this subsection, the occasion thereof shall forthwith be communicated to Parliament in the same manner as a Proclamation made under section 2 of the Public Security Ordinance would be communicated to Parliament, and accordingly the provisions of subsection (3) of section 2 of that Ordinance shall, mutatis mutandis, apply as though there were substituted in that subsection,

[S 21(1) am by s 2 of Act 8 of 1962.]

(i) for the words "a Proclamation is made under the preceding provisions of this section”, the words "an order is made under this subsection”:

(ii) for the words and figure "a Proclamation under subsection (1)”, the words "an order under this subsection”; and

(iii) for all the words and figures "or operation of that Proclamation or of the provisions of Part II of this Ordinance or anything done under that Part:”, the words "of an order made under this subsection”.

(2) Every officer or seaman of the Navy shall perform such duties as may be imposed on him by order of the President under subsection (1).

The Governor-General may order any member of the Navy to perform escort and guard duties in respect of persons suspected, accused or convicted of any offence against the State under Chapter VI of the Penal Code or under the Criminal Law (Special Provisions) Act, No. 1 of 1962.

Whenever an order relating to the performance by any officer of the Navy of civilian administrative duties or by any member of the Navy of escort and guard duties is made under this subsection, the occasion thereof shall forthwith be communicated to Parliament in the same manner as a Proclamation made under section 2 of the Public Security Ordinance would be communicated to Parliament, and accordingly the provisions of subsection (3) of section 2 of that Ordinance shall mutatis mutandis apply as though there were substituted in that subsection—

(i) for the words "a Proclamation is made under the preceding provisions of this section”, the words "an order is made under this subsection”;

(ii) for the words and figure "a Proclamation under subsection (1)”, the words "an order under this subsection”; and

(iii) for all the words and figures "or operation of that Proclamation or of the provisions of Part II of this Ordinance or anything done under that Part:”, the words "of an order made under this subsection:”.

[Para ins by s 2 of Act 8 of 1962.]

PART V

PERSONS SUBJECT TO NAVAL LAW

22. Meaning of "Person subject to naval law”.

For the purposes of this Act, Meaning of "person subject to naval law” means a person who belongs to any of the following classes of persons—

(a) all officers and seamen of the Regular Naval Force;

(b) all such officers and seamen of the Regular Naval Reserve, Volunteer Naval Force, or Volunteer Naval Reserve, as are deemed to be officers and seamen of the Regular Naval Force under subsection (3) of section 3;

(c) all persons who by virtue of any provisions of this Act are deemed to be persons subject to naval law.

23. Persons liable to naval custody.

A person subject to naval law who commits any naval or civil offence may be taken into naval custody.

24. Persons who may order naval custody.

(1) A senior officer may order into naval custody a junior officer who, being a person subject to naval law, commits any naval or civil offence, and a junior officer may order into naval custody a senior officer who, being a person subject to naval law, is engaged in a quarrel, affray or disorder.

(2) Any officer or petty officer may order into naval custody any seaman who, being a person subject to naval law, commits any naval or civil offence.

25. Naval custody of officer seaman not on active service.

Where any officer or seaman not on active service is kept in naval custody for a longer period than seven days without trial, his commanding officer shall submit weekly to the officer to whom application would be made to convene a court martial if the person in naval custody were to be tried by a court martial, a written report on the necessity for such custody, until he is brought to trial or is released from such custody.

26. Time-limit for prosecution.

No person subject to naval law, unless he is an offender who has avoided apprehension or fled from justice, shall be tried or punished by a court martial or by a naval officer exercising judicial powers under this Act for any offence committed by that person unless the trial takes place within a period of three years from the date of the discovery of the offence or where that person has been absent from Sri Lanka during such period, within one year after his return to Sri Lanka,

[S 26 am by s 6 of Act 11 of 1993.]

27. Trial and punishment of offenders who have ceased to be subject to naval law.

(1) Where a person subject to naval law commits an offence and thereafter ceases to be a person subject to naval law, he may be taken into and kept in naval custody and be tried and punished for that offence in like manner as he might have been taken into and kept in naval custody and tried and punished if he had continued to be a person subject to naval law:

Provided that, after the expiration of two years from the date of discovery of such offence, he shall not be tried for such offence unless such offence is the offence of mutiny or desertion.

[S 27(1) am by s 7 of Act 11 of 1993.]

(2) Where a person subject to naval law is sentenced by a court martial or by a naval officer, exercising judicial powers under this Act to imprisonment or detention for any offence and thereafter ceases to be a person subject to naval law, he may during his imprisonment or detention, be dealt with as if he had continued to be a person subject to naval law.

PART VI

JUDICIAL POWERS OF COMMANDING OFFICERS

28. Summary trial of offender by Commander or by commanding officers.

(1) The Commander of the Navy may—

(a) where it is in relation to an offence, other than an offence which is expressly required by this Act to be tried by a court martial;

(b) where an officer of the rank of Lieutenant Commander or below commits and is to be charged with a non-capital offence; and

(c) if in his opinion, the nature of the offence committed does not warrant a court martial, authorise an officer not below the rank of a Captain, to summarily try the accused:

Provided that prior to the commencement of the trial, the officer authorised to conduct the trial shall ask the accused whether he chooses—

(i) to be tried by a court martial; or

(ii) to be tried summarily;

Provided however, if the accused chooses to be tried by a court martial, such officer shall forthwith take steps for the trial of the accused by a court martial:

Provided further, the power of punishment of an officer trying an offence summarily shall be limited to forfeiture of seniority or any other less severe punishment in the scale of punishments.

[S 28(1) subs by s 2 of Act 32 of 2011.]

(2) A commanding officer may, except in the cases which are expressly required by this Act to be tried by a court martial, summarily try and punish a seaman who has committed any non-capital offence, subject to the restriction that the commanding officer shall not have power to award imprisonment or detention for more than three months.

[S 28 re-numbered as a 28(2); am by s 8 of Act 11 of 1993.]

29. Right of offender who is a petty-officer or warrant officer to elect to be tried Summary or by court martial.

Where a warrant officer or petty officer is charged with a non-capital offence other than a disciplinary offence or an offence which is expressly required by this Act to be tried by a court martial his commanding officer shall ask him whether he desires to be dealt with summarily or to be tried by a court martial and if he elects to be tried by a court martial, shall take steps for his trial by a court martial.

[S 29 subs by s 9 of Act 11 of 1993.]

30. Delegation of commanding judicial powers.

A commanding officer may, in accordance with such regulations as may be made in that behalf under this Act, delegate his power of dealing summarily with an offender to an officer under his command.

31. Witnesses at summary trials evidence on oath or affirmation.

Every witness at a summary trial of an offender by a naval officer exercising judicial powers under this Act shall, before giving evidence, take or make the same oath or affirmation as that required to be taken or made by a witness before a court martial.

32. Record of proceedings at summary trials.

Every naval officer exercising judicial powers under this Act, who tries an offender summarily shall, except in any such or circumstance as may be prescribed, make a brief record of the proceedings at the trial.

PART VII

COURTS MARTIAL

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