Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694573369277.pdf (Antigua and Barbuda)
The Defence (Summary Jurisdiction) Regulations, 2013 8 2013, No.

18 ANTIGUA AND BARBUDA Made this day of 2013.

Made this 2nd day of May, 2013.

Chairman, The Defence Board Sen. Hon.

Dr. Errol Cort, Minister of National Security & Labour.

THE DEFENCE (SUMMARY JURISDICTION) REGULATIONS, 2013 STATUTORY INSTRUMENT 2013, No.

18 [Published in the Ofﬁ cial Gazette Vol.

XXXIII No.
XXXIII No.

28 dated 23rd May, 2013] ________ Printed at the Government Printing Ofﬁ ce, Antigua and Barbuda, by Ralph George, Government Printer — By Authority, 2013.

600—6.13 [Price $3.30] The Defence (Summary Jurisdiction) Regulations, 2013 2 2013, No.

18 2013, No.
18 2013, No.

18 7 The Defence(Summary Jurisdiction)Regulations, 2013 martial, the subordinate commander may not deal further with the charge, but shall order that the non-commissioned ofﬁ cer or soldier, be taken before the commanding ofﬁ cer who delegated to the subordinate commander the power of investigating the charge.

9.
9.

Jurisdiction of superior authority (1) An appropriate superior authority may not deal summarily with a charge – (a) under section 81 of the Act where the corresponding civil offence is high treason, murder, manslaughter or rape, or (b) under sections 37 to 41, 45, 46, 75, 77 or 79 of the Act where the principal offence cannot be dealt with summarily by virtue of this paragraph.
(2) An appropriate superior authority may not, without the permission of a higher authority, deal summarily with a charge – (a) under section 81 of the Act, or (b) under sections 43, 51, 58, 59, 62 to 64, 69, 70, 74, 76 or 79 of the Act where the principal offence cannot be dealt with summarily by virtue of this paragraph.

10.
10.

Period of detention (1) A soldier who is undergoing detention, ﬁ eld punishment or conﬁ nement to barracks may be dealt with summarily for a fresh offence, but the aggregate periods of consecutive punishment may not exceed – (a) detention for 42 days or ﬁ eld punishment, or both detention and ﬁ eld punishment; (b) a combination of detention or ﬁ eld punishment and conﬁ nement to barracks for 42 days; or (c) conﬁ nement to barracks for 28 days.
The Defence (Summary Jurisdiction) Regulations, 2013 6 2013, No.

18 2013, No.

18 3 The Defence(Summary Jurisdiction)Regulations, 2013 (a) to remand an accused for trial by court-martial; or THE DEFENCE (SUMMARY JURISDICTION) REGULATIONS, 2013 ARRANGEMENT Regulation 1.

Short title 2.

Interpretation 3.

Commanding Ofﬁ cer 4.

Jurisdiction of Commanding Ofﬁ cer 5.

Power of a Commanding Ofﬁ cer 6.

Delegation 7.

Punishment 8.

Restrictions on power delegated 9.

Jurisdiction of superior authority 10.


Period of detention (b) to order the taking of a summary of evidence or the making of an abstract of evidence.

7.
Punishment (1) The punishment that may be imposed by a subordinate commander referred to in regula- tion 6 are – (a) in the case of a non-commissioned ofﬁ cer below the rank of sergeant – (i) a ﬁ ne of a sum not exceeding the equivalent of 14 days pay, (ii) reprimand; (iii) stoppages not exceeding one eighth of the individual’s salary, where the offence has occasioned any expense, loss or damage, or (iv) admonition or (b) in the case of a soldier – (i) a ﬁ ne of a sum not exceeding the equivalent of 10 days pay; (ii) stoppages not exceeding one eighth of the individual’s salary, where the of- fence has occasioned any expense, loss or damage; (iii) conﬁ nement to barracks for a period not exceeding 14 days; (iv) extra guards or picquets not exceeding 3 in number; (v) admonition (2) A subordinate commander who is below the rank of captain may not award a ﬁ ne or stoppages.
8.

Restrictions on power delegated (1) Where a commanding ofﬁ cer delegates the power of investigating and dealing summar- ily with charges under regulation 6, he may, in addition to the restrictions imposed by sub-regulation (3) of that regulation, impose such restrictions as he considers proper upon the exercise of that power by the ofﬁ cer to whom it is delegated.
(2) Where a subordinate commander is dealing with a charge against a non-commissioned ofﬁ cer or a soldier and the non-commissioned ofﬁ cer or soldier, as the case may be, tried by court- The Defence (Summary Jurisdiction) Regulations, 2013 4 2013, No.

18 2013, No.

18 5 The Defence(Summary Jurisdiction)Regulations, 2013 ANTIGUA AND BARBUDA (2) A commanding ofﬁ cer may not, without permission of a higher authority, deal summar- THE DEFENCE (SUMMARY JURISDICTION) REGULATIONS, 2013 2013, No.
18 THE DEFENCE (SUMMARY JURISDICTION) REGULATIONS, 2013, made by the De- fence Board in exercise of the powers contained in section 144 of the Defence Act, 2006 No.

10 of 2006.

1.

Short title These Regulations may be cited as the Defence (Summary Jurisdiction) Regulations, 2013.

2.

Interpretation In these Regulations – “Act” means the Defence Act, 2006, No.
10 of 2006; “detachment” means a part of a unit that is so separated from the unit to which it belongs that the ofﬁ cer commanding the unit cannot effectively exercise his disciplinary powers as com- manding ofﬁ cer over that part; and “subordinate commander” means the ofﬁ cer commanding a company or equivalent sub-unit.

3.
3.

Commanding Ofﬁ cers (1) A unit or detachment may be placed for disciplinary purposes under the command of the Commanding Ofﬁ cer of another unit or detachment, and that ofﬁ cer is, for those purposes, the Commanding Ofﬁ cer of the ﬁ rst mentioned unit or detachment, as the case may be.
ily with a charge – (a) under sections 43, 51, 58, 59, 62 to 64, 69, 70, 74, 76 or 79 of the Act where the principal offence cannot be dealt with summarily by virtue of this regulation; or (b) under section 81 of the Act.

5.

Power of a Commanding Ofﬁ cer below the rank of Major (1) A commanding ofﬁ cer may not, without the permission of a higher authority, award to a soldier detention for a period exceeding 42 days detention.
(2) A commanding ofﬁ cer below the rank of Major may not, without permission of a higher authority, award to a soldier (a) detention for a period exceeding 28 days, or (b) a ﬁ ne of a sum exceeding the equivalent of 14 days pay.

(3) A commanding ofﬁ cer may not, without the permission of a higher authority, award stop- pages exceeding one quarter of the individual’s salary.
(4) In addition to the restrictions imposed by sub-regulations (1) and (2), the powers of an ofﬁ cer commanding a detachment who is below the rank of major may be further restricted by the ofﬁ cer commanding the unit to which the detachment belongs, or by higher authority.
(5) Where the powers of an ofﬁ cer commanding a detachment have been restricted under sub- regulation (4) he may, notwithstanding the restriction, but subject to sub-regulations (1) and (2), ex- ercise his full powers as a commanding ofﬁ cer if it is necessary for him to do so for the maintenance of discipline; and if he does so he shall report that fact to the ofﬁ cer or higher authority, as the case may be, who restricted his powers.
(2) For the purposes of these regulations, the commanding ofﬁ cer referred to in sub-regula- 6.

Delegation tion (1) is a subordinate commander.

4.

Jurisdiction of Commanding Ofﬁ cer (1) A commanding ofﬁ cer may not deal summarily with a charge – (a) under section 81 of the Act where the corresponding civil offence is treason, murder, manslaughter or rape; or (b) under sections 37 to 41, 45, 46, 75, 77 or 79 of the Act where the principal offence cannot be dealt with summarily by virtue of this paragraph.
(1) Subject to regulation 7, a commanding ofﬁ cer may delegate to a subordinate command- er, whatever his rank, who is under the command of the commanding ofﬁ cer and directly responsi- ble to him for disciplinary matters, the powers of investigating and dealing summarily with charges with which the commanding ofﬁ cer may deal.
(2) Where powers have been delegated under sub-regulation (1) the subordinate commander is, for the purposes of the Act, the commanding ofﬁ cer of any person who is subject to military law under the Act.

(3) Sub-regulation (1) does not apply to the power –