8. Section 28 of the principal enactment is hereby amended as follows :
" (a) by the renumbering of that section as subsection (2) of that section ; |
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(b) in the renumbered subsection (2), of that section by the substitution for the words, "non-capital naval offence,", of the words " non-capital offence,"; and |
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(c) by the insertion immediately before the renumbered subsection (2) of that section, of the following new subsection:
| | " (1) Where an officer of the rank of lieutenant or below is charged with a non capital offence other than an offence which is expressly required by this Act to be tried by court martial, the Commander of the Navy or an officer not below the rank of Captain as may thereto be authorised by the Commander of the Navy shall ask the accused whether he desires to be dealt with summarily or to be tried by a court martial and, if the accused elects to be tried by a court martial shall take steps for his trial by court martial, if the accused elects to be dealt with summarily may proceed to deal with the accused summarily: | | |
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(d) by the repeal of the marginal note of that section and the substitution therefor, of the following marginal note:" " |
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