117ASubordinate commander may punish accused or refer charge to commanding officer or detachment commander

1. If the disciplinary officer is a subordinate commander and he or she enters a guilty plea on the record of proceedings under section 117,—

2. the presenting officer must inform the subordinate commander of the facts that are relevant to the charge; and
3. the subordinate commander may hear all or any of the evidence relating to the charge if he or she considers that it is in the interests of justice or discipline to do so; and
4. the subordinate commander must consider whether, in his or her opinion, he or she—
   1. has sufficient powers of punishment in relation to the charge; and
   2. is empowered to act as a disciplinary officer in relation to the charge.

5. If the subordinate commander considers under subsection (1) that he or she has sufficient powers of punishment and is empowered to act as a disciplinary officer in relation to the charge, he or she must—

6. record a finding of guilty on the charge; and
7. inform the accused of that finding; and
8. proceed under subpart 4.

9. If the subordinate commander considers under subsection (1) that he or she has insufficient powers of punishment or is not empowered to act as a disciplinary officer in relation to the charge, he or she must refer the charge to the accused’s commanding officer or detachment commander without recording a finding of guilty on the charge.

10. After a charge is referred to a commanding officer or detachment commander under subsection (3), he or she becomes the disciplinary officer in relation to the charge.

11. This section is subject to sections 117G and 117H.