Summary Hearing
A relatively informal disciplinary hearing conducted by the commanding officer for minor service offences under the Armed Forces Act 2006. Limited sentencing powers.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
A summary hearing is the mechanism by which a commanding officer deals with minor disciplinary charges against members of the armed forces without a full court martial. Section 153 of the Armed Forces Act 2006 empowers the Secretary of State to make rules governing 'the summary hearing of charges by commanding officers' and related matters, such as hearings on whether to activate a suspended sentence of service detention under section 193.
Those rules cover the practical mechanics of the process: section 153(2) lists matters the Secretary of State may regulate, including 'the practice and procedure to be followed at hearings', the rules of evidence to apply, the delegation by a commanding officer of hearing functions to a more junior 'subordinate commander', applications for extended sentencing powers, and requirements to notify prescribed persons of prescribed matters. This framework reflects the summary hearing's function as a streamlined, chain-of-command-based process for lower-level offences, contrasted with the full judicial procedure of a court martial presided over by a Judge Advocate.
A commanding officer's powers under a summary hearing are limited by rank and by whether the officer has applied for and been granted 'extended powers' of punishment. Because summary hearings sit outside the ordinary court structure, a person dealt with summarily generally retains a right of appeal to the Summary Appeal Court, which — unlike the summary hearing itself — is presided over by a Judge Advocate.
Example
A minor disciplinary matter such as being absent without leave for a short period might be dealt with by a summary hearing before the serviceperson's commanding officer, rather than referred to a full court martial, with any sentence subject to a right of appeal to the Summary Appeal Court.
Related terms
Official sources
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