Summary Punishment (1884)
Manual of Field Artillery Exercises, Canada, 1884
A commanding officer in dealing summarily with a case may award a private soldier the following punishments, subject to the soldier's right of trial by court-martial, instead of submitting to the award:—
(a.) Imprisonment, with or without hard labor, not exceeding seven days.
In the case of absence without leave exceeding seven days the imprisonment may be extended to the same number of days as the days of absence, not exceeding twenty-one days in the whole.
(b.) In the case of drunkenness a fine not exceeding ten shillings, according to scale. The award, when prescribed by the scale, is compulsory.
(c.) In the case of absence without leave, not exceeding five days, deprivation of pay for every day of absence.
Note.—If the absence exceeds five days the commanding officer will make no award, as, in such case, all ordinary pay for every day of absence is, under the provisions of the Royal warrant, forfeited without award.
(d.) Any deduction from ordinary pay allowed by sec. 138, sub-sec. 4 or 6, Army Act, 1881, to be made by a commanding officer.
A commanding officer may also award the following minor punishments:—
(e.) Confinement to barracks for any period not exceeding twenty-eight days, which carries with it punishment drill to the extent of fourteen days, the taking of all duties in regular turn, attending parades, and being further liable to be employed on duties of fatigue, at the discretion of the commanding officer. Every award of confinement to barracks for fourteen days, and under, is to carry with it punishment drill, which in the mounted service, is to be "kit drill" and in the infantry "marching order."
(f.) Extra guards or piquets; but these are never to be ordered as a punishment except for minor offences or irregularities when on, or parading for, these duties.
Any of the above punishments may be awarded severally or conjointly, subject to the following provisions
1. When imprisonment exceeding seven days is awarded for absence without leave, a minor punishment must not be given in addition to the imprisonment in respect of the offence of absence.
2. Any award of imprisonment, up to seven days, inclusive, will be in hours; exceeding seven days in days.
3. When an award includes imprisonment and a minor punishment, the latter will take effect at the termination of the imprisonment awarded.
4. A single award of punishment, including imprisonment and confinement to barracks, will not exceed twenty-eight days.
5. A soldier undergoing imprisonment or confinement to barracks may, for a fresh offence, be awarded further punishment of imprisonment, or a minor punishment, or both, to commence as above specified, provided that no soldier shall be imprisoned by summary award for more than seven consecutive days (except for absence without leave) and that the whole extent of consecutive punishment, including imprisonment and confinement to barracks, shall not exceed fifty-six days in the aggregate.
6. Defaulters are not tmontreal_field_bty1.jpgo be required to undergo any portion of their punishment drill or confinement to barracks which may have lapsed by reason of their being in hospital or employed on dutv. Vide Q. R. sec vi., para. 42.
Attention is also directed to sec. 43 as to how punishment drill is to be carried out.
Non-commissioned officers, including acting non-commissioned officers, are not to be subjected to summary or minor punishments, but they may be reprimanded, or severely reprimanded, by the commanding officer. When an offence committed by a non-commissioned officer is of such a nature as to require admonition only, it should not be entered against him in the defaulters book. Acting and lance non- commissioned officers may be ordered by a commanding officer to revert to their permanent grade, but are not liable to a summary or minor punishment in addition.
A private soldier may be admonished, but is not to be reprimanded. Vide Q. R., sec. vi., para. 44.
The attention of commanding officers and others is also directed to paras. 45 to 69, Q. R. sec. vi. with reference to the administration of discipline, and also to the provisions of the Militia Act. sees. 75 to 90, and R. and 0. 1883, paras. 1041 to 1049.
It will be generally found that, except when corps are called out for continuous service, exceeding the ordinary period of annual drill, the provisions of the Militia Act, respecting offences and penalties will be found, in addition to such minor punishments as are above prescribed, most suitable for application in the case of ordinary offence.