Section 34Part 9 — DISCIPLINE, TRIAL AND PUNISHMENT OF MILITARY AND OTHER OFFENCES
Duty of Commanding Officer with respect to investigation of military offences
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This section applies where —
the Commanding Officer becomes aware of an allegation or circumstances within subsection (2); and
the Commanding Officer is not required by section 33 to ensure that the Commissioner of Police is aware of the matter.
An allegation is, or circumstances are, within this subsection if it or they would indicate to a reasonable person that a military offence or an offence under section 25 or 28(5) has or may have been committed by a member of the Regiment.
The Commanding Officer shall —
ensure that the matter is investigated in such way and to such extent as is appropriate; or
ensure, as soon as is reasonably practicable, that the Commissioner of Police is aware of the matter as required by section 33.
Subsection (3) does not apply if the matter has already been investigated in such way and to such extent as is appropriate.
Cross References
- Section 33 of Defence Act
section 33
- Section 25 of Defence Act
offence under section 25
- Section 28 of Defence Act
offence under section 28(5)