Ch. IV (ii) .. Investigation by Commanding Officer
19. The object of the report referred to in para. 18 is to enable the commanding officer of the accused, without delay, to institute an investigation of the case. There is some difference in the procedure in the case of an officer and in that of a soldier.
20. The case of an officer may be referred to a court of inquiry, and need not, unless the officer requires it, be formally investigated before his commanding officer; but the commanding officer, in the case of an officer as well as a soldier, is by s. 46 of the Army Act made responsible for dismissing the charge, if it ought not to be proceeded with; and, if it ought to be proceeded with, for taking the proper steps under that section.
21. A case of a warrant officer, non-commissioned officer or private soldier should in the first instance be investigated by the company, &c., commander. Where the accused is a private, this officer, if he decides that the case is a minor offence or a case of drunkenness, or of absence without leave, with which he can deal under the powers delegated to him under s. 46 (9) of the Army Act and the Kings Regulations, will either dispose of the case himself or leave it to his commanding officer to deal with. The case of a non-commissioned officer must always be left to dealt with by the commanding officer, except where the company, etc., commander has power to admonish or reprimand (but not severely reprimand) a non-commissioned officer not above the rank of corporal. A case left to be dealt with by a commanding officer must be investigated by the commanding officer himself. He can dismiss the charge; remand the case for trial by court-martial; refer it to superior military authority; or in the case of a private soldier, award punishment summarily, ........
22. The duty of investigation requires deliberation, and the exercise of of temper and judgment, in the interest alike of discipline and of justice to the accused. The investigation usually takes place in the morning, and must be conducted in the presence of the accused; but, in the case of drunkenness, an offender should never be brought up until he is sober.
25. During the investigation, the officer conducting it must be careful not to let fall, before he disposed of the case, any expression of opinion as to the guilt of the accused, or one which might prejudice him at a subsequent trial. It frequently happens that officers who have been present at the inveatigation are detailed as members of the court convened in consequence of it; therefore nothing should be said or done which might, though unconsciously, bias their judment beforehand. Conduct sheets should be examined by the commanding officer when, and not before, he has satisfied himself as to the guilt of the accused.