Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698069553572.pdf (Guyana)
84 No.

24] THE LAWS OF BRITISH GUIANA [A.D. 1966 I assent.

RICHARD E. LUYT Governor.

19th May, 1966.

ORDINANCE NO.

24 OF 1966.

DEFENCE ORDINANCE, 1966.

Arrangement of Sections.

PART I - Preliminary.

Section 1.

2.

3.

4. s. 6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

Short title and commencement.

Interpretation.

Provisions as to active service.

Establishment of Guyana Defence Force.

Employment of Defence Force.

Formation into units.

Employment of Defence Force outside British Guiana.
Overseas training.

PART D - Guyana Defence Board Establishment of Defence Board.

Membership of Defence Board.

Secretary of Defenoe Boaird.

Performrunce of functiorus of Defence Board.

PART ID - Officers Power to grant commissions.

Commissions Board.

Appointment and transfer of officers.

Power to make regulations for this Part.

PART IV - Enlistment and Terms of Service in the regular force 17.

18.

19.

20.

21.

22.

Recruiting officers.

Enlistment.

Terms of enlistmellit.


Re-engagement and continuance to service.

Prolongation of service.

Discharge.

A,0.

1966.]

DEFENCE [No.

24 85 23.

24.

2S.

26.

27.

28.

29.

30.

31.

32.

Transfer to the Reserve.

Postponement of discharge or transfer pending proceedings for offences, etc.

Restrictions on reduction in rank of warrant officers and non-commissioned officers.

Right of warrant officer to discharge on reduction in rank.

Discharge upon prescribed grounds.


Right of soldier to purchase discharge.

Rules for reckoning service.

Validity of attestation and enlistment.

False answers in attestation papers.

Interpretation.

PART V - Discipline and Trial and Punishment of Military Offences 33.

34.

35.

36.

37.

38.

39.

40.

41.

42.

43.

44.

4S.

46.

4 7.

48.

49.

SO.

S 1.

S2.

S3.

54.

55.

56.

51.

58.

59.

60.

61.

Aiding the enemy.

Communication with the enemy.

Cowardly behaviour.

Offences against morale.


Becoming a prisoner of war through disobedience or wil- ful neglect; and failure to rejoin forces.

Offences by or in relation to sentries, etc.

Sleeping on watch or abandoning post.

Looting.

Mutiny.

Failure to suppress mutiny.

Insubordinate behaviour.

Disobedience to particular orders.

Obstruction of provost officers.

Disobedience to standing orders.

Desertion.

Absence without leave.

Assisting and concealing desertion and absence without leave.
Failure to perform military duties.

Malingering.

Drunkennes~.

Offences in relation to public and service property.

Offences in relation to property of members of forces.

Miscellaneous offences relating to property.

Dangerous flying, loss or ha7.arding of ships.

Inaccurate certification of aircraft, etc.

Low flying Annoyance by flying.

Irregular arrest and confinement.

Permitting escape, and unlawful release of prisoners.

86 No.

24] THE LAWS OF BRITISH GUIANA [A.D. 1966 62.

63.

64.

65.

66 67.
Resistance to arrest.

Escape from confinement.

Offences in relation to courts-martial.

False evidence.

Obstruction of policeman arresting officer or soldier.

Injurious disclosures.

Making of false statements on enlisbneat.

Making of false documents.

Scandalous conduct of officer.


ID-treatment of officers or men of inferior rank.

Disgraceful conduct.

False accusation.

Attempts to commit military offences.

Conduct to prejudice of military discipline.

Civil offences.

Punishment of officers.

Punishment of soldiers.

Field punishment.

1 mprisooment.

Power to arrest off enders.

Provisions for avoiding delay after arrest.

Investigation of charges by commanding officer.

Charges to be dealt with summarily or by court-martial.
Further proceedings on charges against non-commissioned officers and soldiers.

Further proceedings on charges against officers and wammt officers.

Dismissal of charges referred to higher authority.

Officers who are to act as commanding officers and appro priate superior authorities.

Limitation on powers of summary dealing with charges.

Trial by, and powers of, ordinary court-martial, Trial by, and powers of, field court-martial.

Officers having powers to convene courts-martial.


Constitution of ordinary courts-martial.

Constitution of field court&-martial.

Supplementary provisions as to constitution of courts-martial.

Place for sitting ot courts-martial and adjournment to other places.

Challenges by accused.

Administration of oaths.

Courts-martial to sit in open court.

Dissolution of courts-martial.

Decisions of courts-martial.

Finding and sentence.

Power to convict of offence other than that charged.

A,D.

1966.]
A,D.

1966.]

DEFENCE [No.

 and imprisonment sentences of Rules of evidence.

Privilege of witnesses and others at courts-martial.

Off enoes by civilians in relation to courts-martial.

Affirmations.

Confirmation of proceedings of courts-martial.


Petitions against finding or sentence.

Revision of findings of courts-martial.

Powers of confirming authorities.

Confirming authorities.

Approval of death sentence by Governor.

Review of findings and sentences of courts-martial.

Reconsideration of detention.

Review of summary findings and awards.

Provisions where accused found insane.

Commencement of sentences.

Duration of sentences of imprisonment or detention.
Restrictions on serving of sentences of detention in prisons.

Special provisions as to civil prisons in British Guiana.

Special provisions as to carrying out or serving of sentences outside British Guiana.

Country in which sentence of imprisonment or detention to be served.

Duties of officers in charge of prisons and others to re ceive prisoners.

Trial and puni&hment of offences under this Ordinance notwithstanding offender ceasing to be subject thereto.
Limitation of time for trial of offences under this Ordi nance.

Powers of civil courts.

Persons not to be tried under this Ordinance for offences already disposed of.

Boards of Inquiry.

Inquiries into absence.

Restitution or compensation for theft, etc.

Appointment of judge advocates.

Promulgation.

Custody of proceedings of court-martial and right of accused to a copy thereof.

Indemnity for prison officers, etc.

Interpretation of Part V. Rules of Procedure.

Imprisonment and Detention Regulations.


Board of Inquiry Rules.

Miscellaneous Regulations.

Section 140 (iii) aoo (iv) not to prejudice powers under sections 137, 138 and 139.

88 No.

24] THE LAWS OF BRITISH GUIANA [A.O.

1966 PART VI - Appeals from coum-martial Right of Appeal.

Procedure for applying for leave to appeal or lodging appeal.

Determination of appeals in ordinary cases.

Powers of Court of Appeal in special cases.

Commencement of sentence.

Appeals to be final.


Proceedings may be heard in absence of appellants.

Defence of appeals.

Right of appellant to present his case in writing.

Suspension of death sentence.

Person not to be tried again where conviction quashed.

Removal of prisoners for purposes of this Part.

Furnishing, on appeal, of documents relating to trial.

Saving of powers of reviewing authorities.

Supplementary powers of the Court of Appeal.

Interpretation of Part VI.


PART VII - Forfeitures and Deductions Forfeitures and deductions; general provisions.

Forfeiture of pay for absence from duty.

Deduction;s. for payment of civil penalties.

Compensatian for loss occasioned by wrongful act or negli gence.

Deductions for barrack damage.

Review of orders and remission of forfeitures and deduc tions.

Enforcement of maintenance and affiliation orders by de- duction from pay.

Deductions from pay for maintenance of wife or child.
Limit of deductions under sections 164 and 165 and effect on forfeiture.

Service of process in maintenance proceedings.

142.

143.

144.

145.

146.

14 7.

148.

149.

150.

151.

152.

153.

154.

155, 156.

157.

158.

159.

160.

161.

162.

163.

164.

165.

166.

167.

PART VIII - Government and General Provisions Command 168.

169.

170.

171.

172.

173.

174.

Command and preoedence.

Command of Force.

Regulations as to command.

Powers of command of members of co-operating forces.
Complaints by officers.

Complaints by soldiers.

Restriction on composition of Defence Board dealing with complaint.

Exemptions from jury service.

Exemptions from tolls, etc.

Exemption from execution.

175.

176.

177.

A-D.1966.]

DEFENCE [No.

24 89 178.

179.

180.

181.

182.

183.

184.

185.

186.

187.

188.

189.

190.

191.

192.

193.

194.

195.

Arrest of deserters and absentees without leave.

Proceedings before a civil court where persons suspected of illegal absence.
Deserters and a:bsentees without leave surrendering to police.

Certificates of arrest or surrender of deserters and absentees.

Duties of superintendents of prisons and others to receive deserters and absentees.

Punishment for pretending to be a deserter.

Punishment for procuring and assisting desertion.

Punishment for obstructing officers or soldiers in execu- tion of duty.

Punishment for aiding malingering.

Unlawful purchase, etc.

of military stores.


Illegal dealings in documents relating to pay, pensions, mobilization, etc.

Unauthorised use of and dealing in decorations, etc, General provisions as to evidence.

Proof of outcome of civil trial.

Evidence of proceedings of court-martial.

Temporary reception in civil custody of persons under escort.

Avoidance of assignment of, or charge on military pay, pension, etc.

Statutory declarations taken outside British Guiana.

PART IX - Resen·e.
PART IX - Resen·e.

Composition of Reserve.

Enlistment and re-engagement in the Reserve.

Training of Reserve.

Call out of first class of Reserve on temporary service.

Call out of Reserve on permanent service.

Attendance upon call out.

Effective time of call out.

Termination of service.

Posting or attachment of members of Reserve.

Punishment for noo-attendance.

196.

197.

198.

199.

200.

201.

202.

203.

204.

205.

206.

Wrongful sale etc.

of public property.

207.

208.


Discharge from Reserve.

Application of Parts V and Vil of this Ordinance.

PART X - Application of the Law and Supplementary Provisions.

209.

210.

211.

212.

Persons subject to military laws.

Application of Ordinance to civilians.

Application of the Act.

'Power to make regulations.

90 No.

24] THE LAWS OF BRITISH GUIANA [AD.

1966 213.

214.

215.

216.

217.

Powers exercisable in subsidiary legislation.

Execution of orders, instruments, etc.


Powers of members of the Force with respect to vessels.

Repeal and transitional.

Amendment ot Laws.

FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE AN ORDINANCE to provide for defence and the maintenance ct order by the establishment of a defence force and to provide for matters connected therewith and incidental thereto.

A.D. 1!166.

Enacted by the Legislature of British Guiana : - l20th May, 1966] Short title a.nd com me111:C1Dc.11t.
PART I - Preliminary This Ordinance may be cited as the Defence Ordinance, 1966, and shall come into operation on such date as the Governor may, by order, appoint.

1.

2.
(1) In this Ordinance, unless the context otherwise requires - "the Act" means the Army Act, 1955, of the United Kingdom as amended 'from time to time and any enact ment substituted therefor; "acting rank" means rank of any description (however called) such that under regulations a commanding officer has power to order the holder to revert from that rank; and "acting warrant officer'' ~ "acting non commissioned officer" shall be construed accordingly; "aircraft" means any machine for flying, whether p~ pelled by mechanical means or not, and includes any description of balloon; "aircraft material" includes - (a) parts of, and components of or accessories for, aircraft, whether for the time being in aircraft or not; (b) engines, armaments, ammunition and bombs and other missiles of any description in, or for use in, aircraft; any other gear, apparatus or instruments in, or for use in, aircraft; (c) (d) any apparatus used in connection with the detecting the movement of aircraft; and (e) any fuel used for the propulsion of aircraft and any material used as a lubricant for aircraft or aircraft material; "appropriate superior authority" bas the meaning assigned to it by subsection (1) of section 84 and subsection (2) of section 88; A,D.
1966.J DEFENCE [No.
24 91 "arrest'' includes open arrest; "before the enemy" in relation to a person, means that he is in action against the enemy or about to go into action against the enemy or is under attack or threat of imminent attack by the enemy; "Board of Inquiry Rules" means rules made by the De fence Hoard under section 139; "civil court" means a court of ordinary criminal jurisdic tion, but does not, except where otherwise expressly provided, include any such court outside the Common wealth; "civil offence" has the meaning assigned to it in subsection (2) of section 76; "colour service'' means service in the regular Force under the provisions of this Ordinance; "the Chief of Staff'" means the officer appointed by the Governor under section 169 to have command of the Force; "commanding officer" has the meaning assigned to it by subsection (1) of section 88; "competent military authority" means such officer as may be prescribed; "corresponding civil offence" has the meaning assigned to it by subsection (2) of section 76; "corresponding rank'' in relation to any rank or rating in Her Majesty's land, sea or air forces, means such rank or rating in any other of those forces as may be declared by regulations under section 212 to correspond there with; "court-martial'' except where it is expressed to be under service Jaw, means a court-martial under this Ordinance; "Court of Appeal" means the British Canbbean Court of Appeal; "damage" includes destruction and references to damaging shall be construed accordingly; "date of
 attestation'' in relation to any person means the date on which he is attested in accordance with the provisions of regulations; "decoration'' includes medal, medal ribbon, clasp and good conduct badge; "Defence Board" means the Defence Board established by section 9; "desertion" shall be construed in accordance with sub section (2) of section 47; "enemy" includes all persons engaged in anned operations against the Force or any force co-operating therewith and also includes all armed mutineers, armed rebels, armed rioters and pirates; 92 No.
24] THE LAWS OF BRITISH GUIANA [A.O.
1966 "the Force" means the Guyana Defence Force established under section 4; "Her Majesty's forces" means any military forces raised the Commonwealth by Her in any territory within Majesty or the government of such territory; "Imprisonment and Detention Regulations" means regula tions made by the Defence Board under section 138; "military'' when used adjectivally means connected to or belonging to land, sea or air forces; ·'policeman" means a member of the British Guiana Police Force; "prescribed'' means pre.scribed by regulations under this Ordinance or Rules of Procedure.
as the case permits; "provost officer'' means a provost marshal or officer sub ject to service law appointed to exercise the functions conferred by or under service law on provost officers; "public property" means any property belonging to the Government or held for the purposes thereof; "recruiting officer" means a person authorised as such under the provisions of section 17; "Registrar o[ the Court of Appeal" includes a Deputy Registrar, or other officer for the time being discb.arging the duties of the Registrar or Deputy Registrar of the Court of Appeal; "the Reserve" means the body of.
officers and soldiers established under paragraph (b) of section 4; "Rules of Procedure" means the Rules of Procedure ma~ by the Defence Board under section 137; "section" means a section of this Ordinance; "service" when used adjectivally, means belonging to or connected with Her Majesty's forces or any part of Her Majesty's forces; "service law" means this Ordinance, the Act, the Air Force Act, 1955, of the United Kingdom and the Naval Discipline Act, 1957, of the United Kingdom as amended from time to time and any enactment substituted therefor; the modifications contained in this Ordinance in relation to warrant officers and non-conunissioned officers, includes a person who is a warrant officer or a non-commissioned officer or of lower military rank; include an officer but, with "soldier" does not "ship" includes any description of vessel; "stoppages" means the recovery by deductions from the pay of the off(Jlder, of a specified sum by way of com pensation for any expense, loss or damage occasioned by the offence; "unit" means - A,D.
1966.]

DEFENCE (No.

24 93 (a) any independent body of the Force which is not higher in the organisation of the Force than a battalion or any equivalent body of troops; or (b) any other body of the Force declared by the Defence Board to be a unit.

(2) References to officers and soldiers of the Force shall, except in Part VII of this Ordinance, be construed as including references to officers and soldiers attached or seconded to that Force.
(3) References to warrant officers and non-commissioned officers shall be construed as including references to persons of any corresponding ranks, respectively.
(4) The provisions of this Ordinance which relate to stealing shall be construed in accordance with the following principles : - (A) A person steals, who, without the consent of the owner, fraudulently and without a claim of right made in good faith, talces and carries away anything cap able of being stolen with intent, at the time of such taking, permanently to deprive the owner the[OOf: Provided that a person may be guilty of stealing any such thing notwithstanding that he has lawful pos session thereof, if, being a bailee or part owner thereof, he fraudulently converts the same to his own use or the use of any person other than the owner.
(B) The expression "takes" includes obtaining the pos session - (a) by any trick; (b) by intimidation: (c) under a mistake on the part of the owner with knowledge on the part of the taker that possession has been so obtained; (d) by finding, where at the time of the finding the finder believes that the owner can be discovered by taking reasonable steps.
(C) The expression "carries away" includes any removal of anything from the place which it occupies, but in the case of a thing attached, only if it has been com pletely detached.

(D) The expression "owner" includes any part owner, or person having possession or control of, or a special property in, anything capable of being stolen.

(E) Everything which has value and is the property o'f.
any person, and if adhering to the realty then after severance therefrom, shall be capable of being stolen: Provided that - 94 No.
24] THE LAWS OF Bk/TISH GUIANA [A.D. 1966 (a) save as hereinafter expressly provided with to fixtures, growing things, and respect minerals, anything attached to or forming part of the realty shall not be capable of being stolen by the person who severs the same from the realty, unless after severance he bas abandoned possession thereof; and (b) the carcase of a creature wild by nature and not reduced into possession while living shall not be capable of being stolen by the person who has killed such creature, unless after killing it he has abandoned possession of the carcase.
(F) Every person who - (a) with intent to steal, rips, cuts, severs or breaks - (i) any glass or woodwork belonging to any building; or (ii) any metal or utensil or fixture, fixed in or to any building; or (ill) anything made of metal fi.xed in any land being private property, or as a fence to any dwelling house, garden or area or in any square or street, or in any place dedicated to public use or ornament, or in any burial ground; (b) with intent to steal, cuts, breaks, roots up or other wise destroys or damages the whole or any part of any tree, sapling, shrub, or underwood growing in in any place whatsoever, the value of the article stolen · or the injury done being to the amount of one dollar at the least; or (c) with intent to steal, destroys, or damages any plant, root.
fruit, or vegetable production growing in any garden, orchard, pleasure ground, nursery-ground, hothouse or conservatory, shall be guilty of stealing.

(G) Every person who severs with intent to steal, the ore of any metal, or any raw gold, precious stones or valuable minerals as defined in subsection (1) of sec tion 189 of the Criminal Law (Offences) Ordinance, shall be guilty of stealing.

3.
3.

(1) 1n this Ordinance the expression "on active service", in relation to any unit, means that it is engaged in operations against an enemy, and in relation to a person means that he is serving in or with such a unit which is on active service.

Cap.

JO.

Provi&i,om a.s to active !le'l'Yioe.

A-D.

1966.]

DEFENCE [No.


24 95 (2) Where it appears to the Governor that, by reason of the imminence of active service or of the reoent existence of active SQ[Vice, it is necessary for the public sdrVice that a unit should be deemed to be on active service, he may declare that for such period, not exceeding three months, beginning with the coming into force of the declaration as may be specified therein, that unit shall be deemed to be on active service.
(3) Where it appears to the Governor that it is necessary for the public service that the period specified in a declaration under subsection (2) of this section should be prolonged or, if previously prolonged under this section, should be further prolonged, he may declare that the said period shall be prolonged by such time, not exceeding three months, as may be .specified in the declaration under this subsection.
(4) If at any time while any unit is deemed to be on active service by virtue of the foregoing provisions of this section, it appears to the Governor that thQre is no necessity for the unit to continue to be treated as being on active service, he may declare that as from the coming into operation of the ck,;:laration the unit shall cease to be deemed to be on active service.

(5) Any declaration under this section shall be made by proclamation.

4.
4.

There shall be established and maintained in British E.9tablishmcnt Guiana a body of Her Majesty's military forces to be called the ~ - GUY ANA DEFENCE FORCE consisting of - Force.

(a) a regular Force; and (b) a reserve Force.

5.

The Force shall be charged with the defence of and Fmplo,memt maintenance ?f ordei: in British Guiana and with such other duties 1c,!~cnce as may from time to tune be defined by the Defencei Board.

6.
6.

The Force may by order of the Defence Board be formed Ponnatlou 111- into units or other military bodies.

to WlflL 7.

The Governor may at any time, with the approval elf.

F.mplc,ymcnt the House of Assembly signified by resolution thereof.

order that the ot Defence w o e or any p of the f'orce shall be employed out of or beyond IBritlala Oul- Hnttsn uwana: art Jl 1 Pon:o outalde ZDL .

.
.

Provided that no officer or soldier of the Reserve shall be liable to be employed out of or beyond British Guiana unless eithdr he is an officer or soldier serving in the Reserve in comequenceJ of being transferred from the regular Force or he has entered into an agreement in writing accepting such a liability.

96 No.

24) THE LAWS OF BRJTISH GUIANA [A.D. 1966 8.
(1) The Governor may order that any officer or soldier of the regular Force or, with his consent, any officer or soldier of the Reserve, shall proceed to any place outside British Guiana for the purpose of undergoing instrm .. 1ion or training or for duty or employment (2) The Governor may, if the consent of the officer or soldier concerned is first obtained, place any officer or soldier of the Force at the disposal of the military authoritie5 of any other country or territqry for the purpose of his being attached to the armed 'foroes of that country or territory.
PART II - Guyana Defence Board Estab1'hnent ol.

Defea:e Board.

9.

(1) There !-hall be a board to be called the Guyana Defence Board which shall, subj~ to the provisions of subsection (2), be responsible under the general authority of the Governor for the com mand, discipline and administration of, and all other matters relating to, the Force.
(2) The responsibility of the Defence Board shall not extend to the operational use of the Force, for which use responsibility shall be vested in the Chief of Staff subject to the general or special directions of the Governor.

Mombenhip of Dcfcmce Board.

10.

(1) The members of the Defence Board shall be - (a) the Prime Minister, who shall be the Oiairman o'f the Board; Cap.

5.
5.

(bJ the Minister char~d with responsibility for home affairs; (c) the Chief of Staff; and (d) not more than three other persons appointed by the Governor for such peciods, respectively, as he shall, without prejudice to the conferment of any powers on him by virtue of subsection (5) of section 37 of the Interpretation Ordinance, specify.
(2) The Chairman may nominate any member to perform the functions of the Chairman at any meeting of the Defence Board at which the Chairman is absent, and such nomination may be either general or in respect of a particular occasion.

(3) In the event of any member being for any reason unable to pe.r'form his functions as a member he may with the approval of the Chairman nominate a person to perform such functions during his inability.
(4) The validity of any proceedings of the Board shall not be affected by any vacancy amongst the members thereof or by any defect in the appointment of a member thereof.

!f~'!- BIDanl.

11.

The Secretary of the Defence Board shall be the Per- maneint Secretary designated in that behalf by the Prime Minister or such person as the Chairman of the Board may nominate to perform AD.

1966.]

DEFENCE [No.


24 97 the duties of Secretary at any meeting of the Defence Board in the event that the Permanent Secretary so designated is unable to perform those duties.

12.

(1) The Defence Board may make rules providing for all or ~rt:m•.ace of Dof~: any of the following matters - Board.
(a) the organisation of the work of the Board and the mantJ.er in which it shall perform its functions and the duties and responsibilities of the several members thereof; (b) the delegation, by notification in the Gazette, of powers or duties of the Board to any members thereof; (c) the consultation by the Board with persons other than members thereof; (d) the procedure to be followed by the Board in conduct ing its business; and (e) any other matters for which the Board may con sider it necessary or desirable to provide in order to secure the better performance of the functions o'f.
the Board.

(2) Nothing in any Ordinance shall be deemed to require the publication in the Gazette of any rules made under the provisions of subsection (1) of this section.

(3) Subject to any rules made under the provisions of sub section (1) of this section and to the other provisions of this Ordinance, the Board may regulate its own proceedings.

PART m - Officers 13.


(1) The power to grant commissions in the Force shall be Power to vested in Her Majesty and exercised on Her Majesty's behalf by the :~~ Governor.

(2) A commission may be granted either for an indefinite period or for a specified time.

(3) Every officer on being granted a comm1Ss1on shall be Ftm Sc11o issued with a commission in the form set out in the First Schedule dule.

which commission shall be signed by the Governor.


14, (1) There shall be a Commissions Board of three persons ?~i!lfom which shall be responsible for advising the Governor on the exercise 01 of the powers conferred by section 13.

(2) The members of the Commissions Board shall be - (a) the Chief of Staff; (b) the Chairman of the Public Service Commission; and 98 No.
24] ~----------------------------- THE LAWS OF BRITISH GUIANA [A.D. 1966 cap, s. (c) one other person appointed by the Defence Board for such period as it shall, without prejudice to the con ferment of any powers upon it by virtue of subsection (5) of section 37 of the Interpretation Ordinance, specify.
The member mentioned in paragraph (a) shall be the Chainn;m oi the Board and if on any question the members of the Board are equally divided he shall have and exercise a casting vote in addition to his original vote.

(3) The validity of any proceedings of the Board shall not be affected by any vacancy amongst the members thereof or any defect in the appointment of a member thereof.

Appoi.olment and transfer of officen.

15.


(1) Every officer upon being granted a commission shall be appointed by the Governor either to the regular Force or to the first or second class of the Reserve.

Power t<> make ro,u latio111 for this Pan.


(2) The Governor may, upon such terms and conditions as he may determine, transfer any officer between the regular Force and the Reserve and between the first and second classes of the Reserve: Provided that no officer shall be transferred to the regular Force or to the first class of the Reserve without his consent.

16.
(1) Subject to the provisions of this Ordinance the Governor may make regulations for the better carrying out of the provisions of this Part of this Ordinance and, without prejudice to the generality of the foregoing, such regulations may make provisions with respect to all or any of the foltowing matters, that is to say the commissioning of officers, their terms of service, appointment, transfer, promotion, retirement, resignation, removal from office and such other matters concerning officers as may seem to him necessary.
(2) The appointment, transfer, substantive promotion, retir~ ment, resignation or removal from office of any officer shall be notified in the Gazette.

PART IV-Enlistment and Terms of Service in the regular Force Enlistment Recruitllls offic:era.

17.

Any person authorised in that behalf by regulations, in this Ordinance re{erred to as a recruiting officer, may enlist recruits in the regular Force in the prescribed manner.

18.
18.

{lJ A person offering to enlist in the regular Force shall be given a notice in the prescribed form setting out the que.5tions to be answered on attestation and stating the general conditions of the engagement to be entered into by him, and a recruiting officer shall not enlist any person in that Force unless satisfied by that person that he has been given such a notice, understands it, and wishes to be enlisted.

A-D. 1966.J DEFENCE [No.


24 99 (2) A recruiting officer shall not enlist a person under the age of eighteen years in the regular Force.
(3) Where the recruiting officer is satisfied by the production of a certified copy of an entry in the register of births or by any other evidence appearing to him to be sufficient, that a person offering to enlist has or has not attained the age of eighteen years, that person shall be deemed for the purposes of this Ordinance to have attained, or as the case may be, not to have attained, that age.
(4) A document purporting to be a certificate signed by the recru!ting officer, stating that he is satisfied as aforesaid, shall be sufficient evklence, until the contrary is proved, that he is so satisfied.

Terms and Conditions of service 19.

The term for which a person enlisting in the regular Foroe ,:erms or en- may be enlisted shall be such term beginning with the .date of his li attestation and not exceeding twelve years as may be pr~cribed: 91111ent.
Provided that such term may consist in part, and determine upon the completion, of.

a prescribed term of service in the Reserve.

20.

(1) Any soldier of the regular Force of good character who at Re-enp~ any time has comp1eted or is within the prescribelll period before com- ~~!n:" ~n pleting a prescribed term of service may, with the approval of the senice.
competent military authority, r~engage for such further period or periods of further colour service or service in the Reserve as may be prescribed: Provided that any such further period or periods of colour service togetl}er with the original period of colour service shall not, except as provided by subsection (2) of this section, exceed a total con tinuous pe,riod of twenty-two years' colour service from the date of the sgldier's original attestation.
(2) Any soldier of the regular Force who shall have com pleted a period of twenty-two years' colour service, may, if he shall so desire and with the approval o'f the competent military authority, continue to serve in all respects as if his term of colour service was still unexpired except that it shall be lawful for him to claim his discharge at the expiration of the period of three months beginning with the day on which he gives to his commanding officer notice of his wish to be discharged.

21.
21.

Any soldier of the regular Force whose term of colour Prolongation service expires during a state of war, insurrection, hostilities or public or service.

emergency may be retained in that Force and his service prolonged for such further period as the competent military authority with the approval of the Defence Board may direct.

100 No.

24] THE LAWS OF BRITISH GUIANA [A.D. 1966 Discharge and Tramfer to the Rese"e Dla:ba.r::c. 2i.
(1) Save as in this Ordinance provided, every soldier of the regular Foroe upon becoming entitled to be discharged, shall be dis charg,ed with all convenient speed, but until discharged shall remain subject to military law under this Ordinance.
(2) When: a soldier of the regular Force is, when entitled to be discharged, serving out of British Guiana, then - (a) if he requires to be discharged in British Guiana he shall be sent there free of C06t with all convenient speed and shall be discharged on his arrival there or if he consents to hif- discharge being delayed, within six months from his arrival; but (b) if at his request he is discharged at the place where he is serving, he shall have no clain1 to be sent to British Guiana or elsewhere.
(3) Except in pursuance of the sentence of a court-martial, a soldier of the regular Force shall not be discharged unless his dis charg_e has been authorised by order of the competent military authority.

(4) Every soldier of the regular Force shall be given on his discharge a certificate of discharge containing such particulars as may be prescribed.

Transfer to lll!e ReKTVe.

23.


(1) Save as in this Ordinance provided, every soldier of the regular Force upon falling to be transferred to the Reserve shall be transferred to the Reserve but until so transferred shall remain subject to military law under this Ordinance.
(2) Where a soldier of the regular Force when falling to be transferred to the Reserve, is serving out of British Guiana, he shall be sent to British Guiana free of cost with all convenient speed and shall be traru,ferred to the Reserve on his arrival there, or if he con sents to his transfqr being delayed, within six months from his arrival: Provided that if he so requests he may be transferred to the Reserve without being required to return to British Guiana.
(3) Notwithstanding anything this section hereinbefore contained, but subject as may be otherwise prescribed, the competent milit~ authority may, when a soldier of the regular Force falls to be transferred to the Reserve, discharge him forthwith without giving any reason and in any such case the provisions of section 22 shall applY.,.

in Postpone- °:tent or dis- ~ra~~-~nd- ::, p,;ecd- !

){fences.

etc.

24.


(1) Notwithstanding anything in this Part, a soldier of the regular Force shall not be entitled to be discharged or transferred to the Reserve at a time when he has become liable to be proceeded against for an offence against any of the provisions of this Ordinance: A.O.

1966.]

DEFENCE [No.

24 101 Provided that if it is determined that the offence shall not be tried by court-martial this subsection shall cease to apply.
(2) Notwithstanding anything in this Part, a soldier o'f the regular Force who is servins a sentence of imprisonment or detention awar9ed by a court-martial or by his commanding officer shall not be entitled to be discharged or transferred to the Reserve during the curre!

}cy of the sentence.

25.


(1) A warrant officer or non-commissioned officer of the regular Res1: Force whose rank is not below that of sergeant or corresponding rank fun ~n1t~ shall not bei reduced in rank except by a sentence of a court-martial ~c%1'a:~dot:n. or hy order of the Defence Board or of an officer not below the rank commisu,ncd ot maJor or correspon<lmg ran.IC, authorised by regulations to act for otr".1ecrs.

the purposes ot this subsection.


11~ 0 (2) An authorisation under the last foregoing subsection may be given generally or subject to such limitations as may be prescribed.

(3) For the purposes of this section reduction in rank does not include reversion from acting rank.

26. to the ranks may thereupon claim to be discharged unless a state of := to A warrant officer of the regular Force who is reduced lUaht or war, 10surrect1on, ost 1ties or pu ~ emergency exISts.
b1:_ i}' · h · ' • discharge on reduction 10 rank.

27.

A soldier of the regular Force may be discharged by Dlscharae the competent military authority at any time during the currency o'f =n 8~=~'.

28.

(1) Subject to the provisions of this section, a soldier of the :r 0 anv term of engagement upon such grounds as may be prescribed.

regular Force shall be entitled to claim hisi discharge at any time within purcba11e d:s three months after the date of his first attestation and if he makes charae.
such a claim he shall on payment of one hundred dollars be discharged with all convenient speed, but until discharged shall remain subject to military law under this Ordinance: 'to .

Provided that the right conferred by this subsection shall not be exercisable within such period (not exceeding two months) beginning with the said date as may be prescribed.
(2) The provisions of this section shall not apply to a soldier of the regular Force who was at any time WMhin three months prior to th~ date of his first attestation a member of any of Her Majesty's forces.

(3) The provisions of section 22 shall not apply to a soldier discharged under the provisions of this section.

(4) Notwithstanding the provisions of this section a soldier of the regular Force shall not be entitled to claim his discharge pursuant to this section while soldieI1S of.
that Force are required to continue their ·colour service under the provisions of section 21.

102 No.

24] THE LAWS OF BRITISH GUIANA [A.D. 1966 Miscellaneous and suppleme,ntary provisiom.

Rules foe reckoniQ& service.

29.

In reckoning the service o'f any soldre,r of.


the regulac Force towards discharge or re-engagement or transfer to the Reserve there shall be excluded therefrom - (a) all periods during which he has been absmt from his duty for any of the following causes - (i) imprisonment; (ii) deselltion; (iii) absence without days; and leave exceeding twenty-eight (b) any period ordered by a court-martial to be forfeited.

Valldity ol atte.ta.tion and enlist ment.

30.
(1) Where a person has made such declaration upon his attestation as may be prescribed and has thereafter received pay as a soldier of the regular Foroe - (a) the validity of his enlisunent shall not be called in question on the grounds of any error or omission in his attestation paper; (b) after the expiration of a period of three months from the date on which he made the said declaration he shall be deemed to have been validly enlisted not withstanding any non-compliance with the require ments of this Ordinance or any regulations made as to enlistment or attestation or any other ground what soever (not being an error or omis5ion in his attestation paper) and he shall be deemed to be a soldier of that Force until bis discharge.
(2) \Vhere a person bas received pay as a soldier of the regular Force without having previously made such declaration as afore~aid then -- (a) he shall be deemed to be a soldier of that Force until discharged; (b) he may claim his discharge at any time and if he makes such claim the claim shall be submitted as soon as may be to the Defence Board who shall, if the claim is well founded, cause him to be discharged with all convenient speed.
(3) Nothing in the foregoing provisions of this section shall be construed as prejudicing the determination of any question as to the term for which a person was enlisted or as preventing the discharge of a person who bas not claimed his discharge.

31.
31.

(1) If a person appearing before a recruiting officer for the ~alse answ~rs ;::iP:•:station purpose of being enlisted in the regular Force knowingly makes a false answ~r to any question contained in the attestation paper and put to him by or by the direction of the, recruiting officer he shall be liable A,D.1966.]

DEFENCE [No.

24 103 on Sl!mmary conviction to a fine not exceeding one hundred doJlars or to imprisonment for a term not exceeding three months.
(2) For the avoidance of doubt it is hereby declared that a person may be proceeded against under this section notwithstanding that he has since become subject to military law under this Ordinance.

32.

Reserve.

In this Part, "Reserve" means the second class of the U:rpret•· PART V - Discipline and Trial and Punishment of Military Offences Treachery, cowardice and offences arising out of military service 33.

(1) Every person subject to military law under this Ordinance Alcllna enemy.
who with intent to assist the enemy - the (a) abandons or delivers up any place or post which it is his duty to defend, or induces any person to abandon or deliver up any place or post which it is that person's duty to defend; or tb) does any act calculated to imperil the success of operations of the Force, of any forces CO-Operating therewith or of any part of any of those forces; or (c) having been made a prisoner of war, serves with or aids the enemy in the prosecution of hostilities or of measures calculated to influence morale, or in any other manner whatsoever not authorised by inter national usage; or (d) furnishes the enemy with arms or ammunition or with supplies of any description or with any other thing likely to assist him (whether similar to any of the things aforesaid or not); or (e) harbours or protects an enemy not being a prisoner of war, shall, on conviction by court-martial, be liable to suffer death or any other punishment provided by this Ordinance.
(2) Every person subject to military law under this Ordinance who knowingly and without lawful excuse does any of the acts specified in paragraphs (a) to (e) of subsection (1) of thic; section shall, whore it is not proved that he acted with intent to assist the enemy, be liable on conviction by court-martial lo imprisonment or any less punishment provided by this Ordinance.

34.
34.

(1) Every person subject to military law under this Ordinance 0ommwuca who with intent to assist the enemy communicates with or gives : 0 wim intelligence to the enemy shall, on conviction by court-martial, be enea11.

I iable to suffer daath or any other punishment provided by this Ordi- nance.

104 No.

24] THE LAWS OF BR/1 ISH GUIANA [A.O.


1966 (2) Every person subject to military law under this Ordinance who without authority communicates with or gi~·es intelligence to the enemy shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Ordinance.
(3) In this section the expression "intelligence" means inform ation which is or purports to be information as to any matter such that information about it would or might be directly or indirectly use ful to an enemy, and in particular (but without prejudice to the generality of the 'foregoing provisions of this subsection) as to any matter falling within the following paragraphs, being a matter such that information as to it would or might ba useful as aforesaid, that is to say - (a) the number, description, armament, equipment, dis position, movement or condition of any of the Force or of any forces co-operating therewith, or of any ships or aircraft of the Force or any such co-operating force; (b) any operations or projected operations of any of the Force or any such forces, ships or aircraft as afore said; (c) any code, cipher, call sign, password or countersign; (d) any measures for the defence or fortification of any place against an enemy; (e) the number, description or location of any prisoners of war; (f) munitions of war.
Cowardly behaviour.

35, (1) E~·ery person subject to military law under this Ordinance who when before the enemy - (a) leaves the post, position or other place where it is his duty to be; or (b) throws away his arms, ammunition or tools, in such a manner as to show cowardice, or otherwise behaves in such manner as to show cowardice, shall be guilty of an offence against this section.
(2) Every person subject to military law under this Ordinance who when before the enemy induces any other person subject to service law and before the enemy to commit an offence under subsection (1) of this section shall be guilty of an offence against this section.

(3) Every person guilty of an offence against this section shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Ordinance.

Offences :is&inat mor ale.


36. who- Every person subject to military law under this Ordinance (a) spreads (whether orally, in writing, by signal, or other wise) reports relating to operations of the Force, of.

any A.O.

1966.]

DEFENCE [No.

24 105 forces co-operating therewith, or of any part of any of those forces, being reports calculated to create despondency or unnecessary alarm; or (b) whdn before the enemy, uses words calculated to create despondency or unnecessary alarm, shall.
on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Ordinance.

37.

(1) Every person subject to military law under this Ordinance B~ina • who, through disobedience to orders or wilful neglect of his duty, is ~.!

:0 captured by the enemy shall be guilty of an offence against this section.

~~F' (2) Every person subject to military law under this Ordinance =; ::d who, having been captured by the enemy, flails to take.

o, prevents or reioin forcea.


discourages any other person subject to service law who ha"l heen captured by the enemy from taking any reasonable steps to rejoin Her Majesty's service which are available to him, or a.s the easel may be, to that other person shall be guilty of an offence against th.is section.

~ (3) Every person guilty of an offence against this section shall, on conviction by court-martial.

be liable to imprisonment or any less punishment provided by this Ordinance.
who while on guard duty - 38.

(1) Every person subject to military law under this Ordinance, oue:es et by :in tor :a_ tries, eie.

(a) sleeps at his post; or (b) when not on duty at a post, is asleep at a time when he is not allowed to be asleep; or is drunk; or ( C) (d) leaves his p<>st wiithout having been regularly relieved or otherwise absents himself from any plaoe where it is his duty to be, shall be guilty of an offence against .

this section.
this section.

(2) For the purposes of this section a person shall be treated as being drunk if, owing to the influence of alcohol or any drugs, whether alone or in combination with any other circumstances, he is unfit to be entrusted with his duty.
(3) Every person subject to military law under this Ordinance who strikes or otherwise uses force against any person on guard duty, being a member of any unit of the Force or of \1lny forces co-operating therewith, or by the threat of force compels any such person to let him or any other person pass, shall be guiltv of an offence against this section.
• (4) Every person guilty of an offence against this section shall, on conviction by court-martial, be liable to imprisonment or any leu punishment provided by this Ordinance: Provided that if the offence was not committed on active service ho shall not be liable to be imprisoned for more than two years.

106 No.
106 No.

24] THE LAWS OF BRITISH GUIANA [A.D. 1966 (5) References in this section to a person on guard duty are refereoces to a person who - (a) is posted or ordered to patrol or has adopted the position of sentry at a post or has undertaken the patrol; or (b) is a member of a guard or other party mounted or ordered to patrol, for the purpose of prot.dcting any persons, premises or place.
(6) The foregoing provisions cJf this section shall apply in relation to persons posted or ordered to patrol or who have adopted the position of sentrias at a post or have undertaken the patrol, and to the members of a party mounted or ordered to patrol, for the purpose of preventing or controlling access to or egress from any premises or place, or of regulating traffic by road, by rail or on any inland navigation, as they apply to persons on guard duty.

39.
39.

(1) Every person subject to military law under this Ordinance who is attached to any ship of the Force, and who, being in the presence or vicinity of the enemy or under orders to be prepared for action by or against the enemy, abandons his post improperly or sleeps upon his watch shall on conviction by court-martial, be liable; to imprisonment or any less punishment provided by this Ordinance.
(2) Every person subject to military law under this Ordinance who is attached to any ship of the Force, and who, not being in thd presence or vicinity of the enemy or under such orders as aforesaid, abandons his post improperly or sleieps upon his watch shall, on con viction by court-martial, be liable to imprisonment for a term of two years or any less punishment provided by this Ordinance.

S1eepma on -IICb or abandonina pm.

LcJolml.
40. who - Every person subject to military law under this Ordinance (a) steals from, or with intent to steal searches, the person of anyone killed or wounded in the course of warlike operations; or (b) steals any property which has been left exposed or unprotected in consequence of warlike operations; or (c) takes otherwise than for the public service any vehicles, equipment or stores abandoned by the enemy, shall be guilty of looting and liable, on conviction by court-martial, to imprisonment or any less punishment provided by this Ordinance.
Mutiny and Insubordination 41 .

(l) hvery person SUDJect to miJitary law under this Ordinance wno- (a) takes part in a mutiny involving the use of violence or the tnreat ot the use of violence, or having as its object or one of its objects the refusal or avoidance of any duty OI' service against, or in connection with A-D.1966.]

DEFENCE [No.
DEFENCE [No.

24 107 operations against the enemy, or the i~peding of the performance of any such duty or service; or (b) incites any person subject to service law to take part in such a mutiny, whether actual or intended, shall, on conviction by court-martial, be, liable to suffer death or any other punishment provided by this Ordinance.
(2) Every person subject to military law un~r this Ordinance who, in a aase not falling within sublsection ( 1) of this Ordinance, takes part in a mutiny, or incite6 any peJson subject to service law to take part in a mutiny, whether actual or intended, shall, on conviction by court-martial, be liable to imprisonment or any less punishment pro vided by this Ordinance.
(3) In this Ordinance the e«pression "mutiny'' means a com bination be~n two or more persons subject to service law, or between persons two at least of whom are subject to service law - (a) to overthrow or resist lawful authority in the Force or any forces co-operating therewith (?r in any pan of any of the said 'forces; or (b) to disobey such authority in such circumst:ances as to make the disobedience subversive of discipline, or with the object of.
avoiding any duty or ,service against, or in connection with operations against, the enemy; or (c) to impede the performance of any duty or service in the Force or in any forces co-operating therewith or in any part of any of the said forces.

42.
Every person subject to military law under this Ordinance P&!Juro ro who, knowing that a mutiny is taking place or is intended - ::;:: (a) fails to use his utmost endeavours to suppress or prevent it; or (b) fails to report without delay that the mutiny is taking place or is intended, shall on conviction by court-martial - (i) if his offence was committed with intent to assist the enemy, be liable to suffer death or any other punishment provided by tllis Ordinance; and (ii) in any other case, be liable to imprisonment or any less punishment provided by this Ordinance.
who - 43.

(1) Every person subject to military law under this Ordinance InsubordJ&.

(a) strikes, or otherwise uses violence to, or offers violence to, his superior officer; or ala beh&Tlour.

(b) uses threatening or insubordinate language to his superior officer, shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Ordinance: 108 No.
24] THE LAWS OF BRJTISH GUIANA [A.D. 1966 Provided that he shall not be liable to be imprisoned for more than two years if the offence was not committed on active service, and did not involve the striking or other use of violence, or odering of violence,, to a superior officer exercising authority as such.
(2) In the foregoing provisions of this section the expression "superior officer", in relation to any person, means an officer, warrant officer or non- commissioned officet subject to service law of superior rank, and includes such an officer, warrant officer or non-commissioned officer of equal rank but greater seniority while exercising authority as the said person's superior.

44.
44.

(1) Every person subject to military law under this Ordinance who, in such manner as to show a wilful defiance of authority, dis obeys any lawful command given or sent to him personally shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Ordinance.
(2) Every person subject to military law under this Ordinance who, whether wilfully or through neglect, disobeys any lawful com mand shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Ordinance: Provided that if the offence was not committed on active service he shall not be liable to be imprisoned for more than two years.

Dlaobedl.e.nce to particular orden.

Obstruction of provost officcn.
45. who- EvQry person subject to military law under this Ordinance IDillobed.ieDCCI to ataudlns orde11 (a) obstructs; or (b) when called on, refuses to assist, any person known to him to be a provost officer, or to be a person (whether subject to military law under this Ordinance or not) lawfully exercising authority under or on behalf of a provost officer, shall, on conviction by court-rruutial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Ordinance.
46.

(1) Every person subject to military law under this Ordinance who contravenes or fails to comply with any provision of orders to which this section applies, being a provision known to him, or which he might reasonably be expected to know, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Ordinance .

..:!.
..:!.

(2) This section applies to standing orders or other routine orders of a continuing nature made for any 'formation or unit or body of troops, or for any command or other area, garrison or place, or for any ship, train or aircraft.

Dese'!'lfon.

47.

(1) Every person subject to military law under this Ordinance Desertion, absence without leave, etc.

who- (a) deserts; or A,D.

f966.]

DEFENCE [No.
14 109 (b) persuades or procures any person subject to service law to desert, shall, on conviction by court-martial, be liable to imprisonment or any l~s punishment provided by this Ordinance: Provided that a person shall not be liable to be imprisoned for more than two years unless - (i) if the offence was against paragraph (a), he was on active service or under orders for active service at the time when it was committed; or (ii) if the offence was an offence, against paragraph (b) the person in relation to whom it was com mitted was on active service or under orders for active service at that time.
(2) For the purposes of this Ordinance a person deserts who-· (a) leaves the Force or, when it is his duty to do so, fails to join or rejoin the Force.
with (in either case) the intention, subsisting at the time of the leaving or failure or formed thereafter, of remaining permanently absent from his duty; or (b) bemg an officer enlists in or enters any of Her Majesty's forces without having resigned his commis sion, or being a soldier enlists in or enters any of Her Majesty's forces without having been discharged from his previous enlistment; or (c) absents him.self without leave with intent to avoid serving at any place overseas or to avoid service or any particular service when before the enemy, and references in this Ordinance to desiertion shall be construed accordingly.
_ (3) In addition to or in lieu of any punishment authorised by subsection (1) of this section, the court-martial by whom a soldier is convicted of deserting during a term of service for which he engaged or re-engaged may direct that the whole or any part of his service during that term previous to the' periotl as respects which he is con victed of having been a deserter shall be forfeited: Provided that this subsection shall not apply to soldiers of the Resez:ve called out on permanent service or continuing to serve under subsection (2) of section 20.
48. who- Every person subject to military law under this Ordinance Absence wi1houl leaw.

(a) absents himsel!

without leave; or (b) persuades or procures any person subject to service law to absent himself without leave, shall, on conviction by court-martial, be liable to imprisonment for a term _not exceeding two years or any less punishment provided by this Ordinance.

· 110 No.

24] THE LAWS OF BRITISH GUIANA [A.D. 1966 49.

~and deacrdoll and who - absence wllbout 1.ene.
Every person subject to military Jaw under this Ordinance (a) knowingly as&ists any person subject to service law to desert or absent himself without leave; or (b) knowing that any person subject to service law has d~erted or absented himself without leave, or is attempting to desert or absent himself without leave, fails to report that fact without delay, or fails to take any steps in his power to cause that person to be apprehended, shalJ, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Ordinance.
Fat!ure to perform military duties.

50.

Every person subject to military Jaw under this Ordinance who without reasonable excuse fails to attend for any parade or other military duty of any description or leaves any such parade or duty as aforesaid before he is permitted to do so shall, on conviction by court martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Ordinance .

Mlllioacrina 51.
Mlllioacrina 51.

(1) Every person subject to military law under this Ordinance who- .Malingering and Drunkennes5 (a) falsely pretends to be suffering from sickness or dis ability; or (b) injures himself with intent thereby to render himself unfit for service, or causes himself to be injured by any person with that intent; or (c) injures another person subject to service iaw, at the instance of that person.
with intent thereby to render that person unfit for service; or ( d) with intent to render or keep himself unfit for service, does or fails to do anything (whether at the time of the act or omission he is in hospital or not) whereby he produces, or prolongs or aggravates, any sickness or disability, shall be guilty of malingering and shall, on conviction by court-martial, be liable 'to imprisonment for a term IllOt exceeding two years or any less punishment provided by this Ordinance.
(2) In this section the expression "unfit" includes temporarily unfit.

Drunkenness.

52.

(1) Every person subject to military law under this Ordinance who is guilty of drunkenness, whether on ci\lty or not, shall, on con viction by court-martial, be liable to imprisonment for a tenn not exceeding two years or any less punishment provided by this Ordinance: A,D.

1966.]

DEFENCE (No.


24 111 Provided that where the offence is committed by a soldier neither on active service nor on duty the sentence imposed shall not exceed detention for a period of six months.
(2) For the purpose of this section a person is guilty of drunken ness if, owing to the influence of alcohol or any drug, whether alone or in combination with any other circumstances, he is unfit to be entrusted with bis duty or with any duty which he may be called upon to perform or behaves in a disorderly manner or in any manner likely to bring discredit on the Force.
53. who- Offences Relating to Property Every person subject to military law under this Ordinance ~ tom (a) steals or fraudulently misapplies any public or service pmy.
property, or is concerned in or connives at the stealing or fraudulent misapplication of any public or service property; or pulllllc and ,ervieo pr1> (b) receiv.es any public or service property knowing or having reason to believe it to have been stolen or to have been fraudulently misapplied; or ( c) wilfully damages, or is concerned in the wilful damage of, any public or service property; or (d) by wilful neglect causes damage by fire to any public or service property, shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Ordinance.
54. who- Every person subject to military Jaw under this Ordinance Ottencea m relation to property of (a) steals or fraudulently misapplies any property belonging members al to a person subject to service law, or is concerned in or torcea.
connives at the stealing or fraudulent misapplication of any such property; or (b) receives any such property knowing or having reason to believe the same to have been stolen or to have been fraudulently misapplied ; or (c) wilfully damages, or 1s coocemed in the wilful dalllage of, any property belonging to a person subject to service law, shall, on conviction b) court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Ordinance.
55. who - Any person subject to military law under this Ordinance ~ (a) loses any public O!'

service property of which he has the Pl'Ol*t7, charge or which has been entrusted to 1w: care or which oua o!fencee rolatms 10 112 No.
24) THE LAWS OF BRJTISH GUIANA [A.D. 1966 forms part of property of which he bas the charge or which has been entrusted to his care; or (b) by negligence damages any public or service property of which he has the charge or which has been entrusted to his care or which forms part of property of which he has the charge or which has been entru5ted to his care; or (c) by negligence causes damage by fire to any public or service property; or ( d) fails to take proper care of any animal or bird used in the public service which is in his charge; or (e) makes away (whether by pawning, selling, destruction or in any other way) with any military decoration granted to him or any clothing, arms, ammunition or other equipment issued to him for his use for military purposes, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Ordinance: Provided that it shall be a defence for any person charged under paragraph (a) of this section with losing any property, that he took reasonable steps for the care and preservation thereof.
Offences relating to Ships and Aircraft 56.
Every person subject to military law under this Ordinance who, either wilfully or by negligence - (a) causes or allows to be lost, stranded or hazarded a.ny ships belonging to the Force; (b) uses any aircraft or aircraft material in a mainner which causes or is likely to cause loss of life or bodily injury to any person, shall, on conviction by court-martial, be liable, if he acts wilfully or with wilful neglect, to imprisonment or ~ less punishment and in any other case to imprisonment for a term not exceeding two years or any less punishment, provided by this Ordinance.
lnaceurll'le ~ tion of air cratt, elc.

57.

Every person subject to military law under this Ordinance who signs any certificate in relation to an aircraft or to aircraft material without ensuring the accuracy of the certificate shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Ordinance.

Lot, tlyq, 58.
Lot, tlyq, 58.

Every person subject to military law under this Ordinance, who, being the pilot of any aircraft belonging to the Force, flies it at a height less than such height as may be provided by regulations except - (a) while taking off or alighting; or (b) in such other circwnsta.nces as may be so provided, A,D.

1966.]

DEFENCE [No.

24 113 shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Ordi nance.

59.
59.

Every person subject to military law under this Ordinance AlmoYl!-Du who, being the pi?ot of any aircraft belonging to the Force, flies it so by flyma.

as to cause, or to be likely to cause, uIJDecessary annoyance to any per- son shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Ordinance.

Offences relating to, and by, persons in custody 60.
(1) Every person subject to military law under this Ordinance who, when another person subject thereto is under arrest - lrreawar a.nest am confinement.
(a) unnecessarily delays the taking of such steps as it is his duty to take for investigating the allegations against that other person or for having the allegations against that other person investigated by his commanding officer or an appropriate superior authority or, as the case may be, tried by court-martial; or (b) fails to release, or effect the release of, that other person when it is his duty to do so, shall be guilty of an offence against this section.
.... (2) Every person subject to military law under this Ordinance to as "the who, having committed a person prisoner") to the custody of any provost officer or other officer or any warrant officer or non-commissioned officer, fails without reasonable cause to deliver - (hereinafter referred (a) at the time of the committal; or (b) if it is not practicable so to do at the time of the com- mittal, then within twenty-fo\l'l' hours thereafter, to the person to whose custody the prisoner was committed a report in writing signed by himself of the offence which the prisoner is alleged to have committed, shall be guilty of an offence against this section.
(3) Where any person (hereinafter referred to as "the prisoner") is coIIUJlitted to the charge of a person subject to military law under this Ordinance who is in command of a guard, then if without rea.SIOnable cause that person does not as soon as he is relieved from his guard and any further duty, or, if he is not sooner relieved, within twenty-four hours after the committal, give to the officer to whom it is his duty to report- ( a) a written statement containing so far as known to him the prisoner's name and alleged offence and the name 31Ild rank or other description of the officer or other person who alleges that the prisoner has committed the offence: and (b) if he has received it, the report required by subsection (2), he shall be guilty of an offence against this section.
114 No.

24] THE LAWS OF BRITISH GUIANA [A.D. 1966 ( 4) Every person guilty of an offence against this section shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Ordinance.

Permittins eacape, and unlawful ro lease of pti,on,ers.

61.
61.

( 1) Every person subject to military law under this Ordinance who wilfully allows to escape any person who is committed to his charge, or whom it is his duty to guard, shall, on conviction by court-martial be liable to imprisonment or any less punishment provided by this Ordin ance.
(2) Every person subject to military law under this Ordinance who- (a) without proper authority releases any person who is committed to his charge; or (b) without reasonable excuse allows to escape any person who is committed to his charge, or whom it is his duty to guard, shall, on conviction by court-martial, be lia.l.Jle to imprisonment for a term not exceeding two years or any less punishment provided by this Ordinance.

62.
62.

( 1) Every person subject to military law under thig Ordinance, who, being concerned in any quarrel or rlisorder, refuses to obey any officer subject to service law who orders him into arrest, or strikes or otherwise uses violence to, or offers violence to, any such officer, shall be guilty of an offence against this section whether or not the officer is bis superior officer.
(2) Every person subject to military law under this Ordinance who strikes or otherwise uses violence to, or offers violence to, any per son, whether subject to this Ordinance or not, whose duty it is to apprehend him or in whose custody he is shall be guilty of am offence against this section.

( 3) Every person guilty of an offence against this section shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Ordinance.

63.
63.

Every person subject to military law under this Ordinance who escapes from arrest, prison or other lawful custody (whether military or not) shall, on conviction by court-martial, be to imprisonment for a term not exceeding two years or any less punishment provided by this Ordinance.

liable Offences in relation to Courts-Martial and Civil Authorities Resistance to arre,t.

Escape from confinement.

otfeo«s In relation IO cour1a-martlal.

W ho 64.


( 1) Every person subject to military law under this Ordinance - (a) having been duly summoned or ordered to attend as a wibness before a court-martial, fails to comply with the summons or order; or (b) refuses to take an oath when duly required by a court martial to do so; or A.D.1966.]

DEFENCE [No.
24 115 (c) refuses to produce any document in his custody or under his control which a court-martial has lawfully required him to produce; or (d) when a witness, refuses to answer any question which a court-martial bas lawfully required him to answer; or ( e) wilfully insults any person, being a member of a court martial or a witness or any other person whose duty it is to a,ttend on or before the court, while that person 15 acting as a member thereof or is so attending, or wil fully inrults any such person as aforesaid.while that per son is going to or returning from the proceedings of the court; or (f) wiHully interrupts the proceedings of a court-martial or otherwise misbehaves before the court, shall, on conviction by a court-martial, other than the court in rela tion to which the offence was committed, be liable to imprisooment for a term not exceeding two years or any less punishment provided by this Ordinance.
( 2) Notwithstanding m,ytbing in subsection ( 1) of this section, where an offence against paragraph (e) or paragraph (f) thereof is com mitted in relation to any court-martial held in pursuance of this Ordin ance that court, if of opinion that it is expedient that the offender should be dealt with summarily by the court instead of being brought to trial before another court-martial, may by order under the president order the offender to be imprisoned for a period not exceeding twep.ty-one days, or, in the case of a soldier, either to be imprisoned for such a period or to undergo detention for such a period.
the hand of (3) References in paragraphs (a) to (f) of subsection (1) of this section to a court-martial shall include references to a court held in pursuance of service law.

65.

(1) Every per59n subject to military law under this Ordinance who, having been lawfully swom as a witness or as an interpreter in pro ceedings before a court under service law or before any board or person having power under service law to administer oaths, makes a statement material in .
those proceedings which he knows to be false or does not believe to be true shall, on conviction by court-martial, be liable to imprisonment for a b::,n not exceeding two years or any less punishment provided by this Ordinance.

(2) A person shall not be liable to be convicted of an offence against this section solely upon the evidence of one witness as to the falsity of any statement alleged to be false.

Fa:lse evid&nce.

66.


Every person subject to military law under this Ordinance who at any place in the Commonwealth prevents or obstructs - (a) the execution by a policeman of a warrant for the arrest of a person subject to service law who bas committed or is suspected of having committed an offence punisha:ble on conviction by a civil court; or ObstructloJI of policem•n arreetins I officer or sol dier.

116 No.

24] THE LAWS ()F BRITISH GUIANA [A.D. 1966 Injurious di& clOIUl'CI.
(b) the arrest of a person subject to service law by a policeman acting in the exerci~ of his powers of arrest without warrant, shall, on conviction by court-martial, be liable to imprisonment for a term not exceedmg two years or any less punishment provided by this Ordinance.

Miscellaneous Offences 67.


(1) Every person subject to military law under this Ordinance who without authority discloses, whether orally, in writing, by signal or by any other means whatsoever, any information which is or purports to be information useful to an enemy shall, on conviction by court-martial.

be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Ordinance.
( 2) In this section the expression "information useful to an enemy" means information as to any matter such that information as to it would or might be directly or indirectly useful to an enemy, and in particular (but without prejudice to the generality of the foregoing pro visions of this subsection) information as to any matter falling within the following paragraphs, being a matter such that information as to it would or might be useful as aforesaid, that is to say - (a) the number, description, armament, equipment, disposi tion, movement or condition of any of the Force or of any forces co-operating therewith, or of any ships or air craft of the Force or any such co-operating force; or ( h) any operations or projected operations of any of the Force or any of such forces, ships or aircraft as afore said; or (c) any code, cipher, call sign, password or counter-sign; or (d) any measures for the defence or fortification of any place against an enemy; or (e) the number, description or location of any prisoners of war; or (f) munitions of war.
of Makina false atate ments on en listments.

68.
68.

Every person who, when before a recruiting officer for the purpose of being attested has kmowingly made a false answer to any question contained in the attestation paper and put to him by or by direction of the recruiting officer shall, if he has since become and re mains subject to military law under this Ordinance, be liable on con viction by court-martial, to imprisonment for a term not exceeding three months or to any less punishment provided by this Ordinance.

Makin ot false g doc:u- me!W.I.


69 .

who - Every person subject to military law under this Ordinance (a) makes, signs or makes an entry in any service report, return, pay list or certificate or other service document, being a document or entry which is to his knowledge false in a material particular; or A.1).

1966.]

DEFENCE [No.


14 117 (b) alters any service report, return, pay list or certificate or other service d()Cument, so that the document or emry is to his knowledge false in a material particular.
or suppresses, defaces or makes away with any such document or entry which it is his duty to pr~erve or produce; or (c) with intent to defraud, fails to make a1n entry in any such documents; or ( d) aids, abets, commands, counsels, procures or connives at ,the commission by another per~n subject to service law of an offence against this section or the correspond ing section of the applicable service law, as the case may be (whether or not he knows the nature of the document in relation to which that offence will be committed), shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any leS's punishment provided by this Ordinance.
70.

Every officer subject to military law under this Ordinance who behaves in a scandalous manner, unbecoming the character of an officer and a gentleman, shall, on conviction by court-martial, be r.ashiered.

Scand8ilous conduct of officer.

71.
If - (a) any officer subject to military law under this Ordinance strikes or otherwise ill-treats any officer subject to ser vice law of inferior rank or less seniority or any soldier subject to service law; or (b) any warrant officer or non-commissioned officer subject to military law under this Ordinance strikes or other wise ill-treats any person subject to service law, being a warrant officer or non-commissioned officer of inferior rank or less seniority or a private soldier, he shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Ordinance.
lll-treatment of offlcerl or men of !nfcr jor rank.

72.

Every person subject to military law under this Ordinance Di~acefut who is guilty of disgraceful conduct of a cruel, indecent or unnatural conduct.

kind shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Ordinance.

73. who- Every person subject to military law under this Ordinance J:•lse IICCUdj" 110n.
(a) makes an accusation against any officer or soldier sub ject to service law, which he knows to be false or does not believe to be true; or 118 No.
241 THE LAWS OF BRITISH GUIANA [A.D. 1966 (b) in making a complaint where he thinks himself wronged, makes a statement affecting the character of an officer or soldier subject to service law, which he knows to be false or does not believe to be true or wilfully suppresses any material fact!, shall, on ccmviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Ordinance.

,\IIISQpta to commit mili- 11\lY olfences.

74.


Every person subject to military law under this Ordinance who attempts to commit an offence against any of the foregoing pro visions of this Part shall, on conviction by court-martial, be liable to the like punishment as for that offence: Provided that if the oftence is one punishable by death, he shall not be liable to any greater punishment than imprisonment.

Conduct to prejudice of military dill cipllne.

75.
75.

Every person subject to military law under this Ordinance who is guilty of any conduct or neglect to the prejudice of good order and military discipline shall, on conviction by court-martial, be liable to imprisonment for a term oot exceeding two years or any less punishment provided by this Ordinance.

Civil offences.

Ch'il Offences 76.


(1) Every person subject to military law under this Ordinance who commits a civil offence whether m Bnwsh Guiana or elsewhere shall be guilty of an offence under this section.
(2) In this Ordinance the expression "civil offence" means any act or omission punishable by the law of British Guiana or which, if committed in British Guiana, would be punishable by such law; and in this Ordinance the expression "the corresponding civil offence" means the civil offence the commission of which constitutes the offence against this section.
( 3) A person convicted by court-martial of an offence against this section shall - (a) if the corresponding civil offence is treason or murder, be liable to suffer death; and (b) in any other case, be liable to suffer any punishment or punishments which a civil court could award for the corresponding civil offence, in British Guiana, being a punishment or punishments provided by this Ordinance, or such punishment, less than the maximum punishment which a civil court could so a ward, as is so provided: if committed Provided that where a civil court could not so award imprison ment, a person so convicted shall be liable to suffer such punishment.
less than cashiering in the case of an officer, or discharge with ignominy in the case of a soldier, as is so provided.

( 4) A person shall not be charged with an offence against this if the corresponding civil offence section committed in British Guiana is treason, murder, manslaughter, treason-felony or rape.

A,D.1966.]

DEFENCE [No.


24 119 (5) Where the corresponding civil offence is murder or man slaughter, an offence against this section shall be deemed, for the pur poses of subsection ( 4) of this section to have been committed at the place of the commission of the act or occurrence of the neglect which caused the death, irrespective of the place of the death.

Punishments 77.
Punishments 77.

(1) The pumshments which may be awarded to an officer by sentence of a court-martial under this Ordinance are1 subject to the limitations hereinafter provided on the powers of certain courts-martial.

those set out in the following scale; and in relation to an officer refet'- ences in this Ordinance to punishments provided by this Ordinance are references to those punishments.

Punishment of otflce.111.


( Z) The said scale is - (a) death; (b) imprisonment; ( c) cashiering ; (d) dismissal from Her Majesty's service; ( e) fine of a sum not exceeding the equivalent of ninety days' pay; (f) forfeiture , in such manner as may be prescribed, ol seniority of rank in the Force, or in any unit to which the offender belongs, or in both; (g) severe reprimand or reprimand; (h) where the offence has occasioned any expense, loss or damage, stoppages.
(3) For the purposes of this Part a punishment specified in any paragraph of the said scale shall be treated as less than the punishments specified in the preceding paragraphs, and greater than those specified in the following paragraphs, of the scale.

( 4) Save as expressly provided in this Ordinance, not more than one punishment shall be awarded by a court-martial for one offence.

tion to or without any other punishment.

(5) Stoppages may be awarded by a court-martial either in addi- .
( 6) A severe reprimand or reprimand may be awarded by a court-martial in addition to a fine imposed under paragraph ( e) , or any forfeiture of seniority awarded under paragraph ( f) , of subsection ( Z) of this section.
( 7) Where an officer is sentenced by a court-martial to imprison ment, he shall also be sentenced to be cashiered: Provided that if the court-martial fails to sentence him to be cashiered, the sentence of imprisonmenJt shall not be invalid but shall be deemed to include a sentence of cashiering.

78.
78.

( 1) The punishments which may be awarded sentence of a court-martial under this Ordinance are, subject to limitations hereinafter provided on the powers ol certain courts-martial, those set out in the following scale; arul in relation to a soldier references to a soldier by Pwtlahment the of aoldien.

120 No.

24] THE LAWS OF BRITISH GUIANA [A.O.

1966 in this Ordinance to punishments provided by this Ordinance are refer ences to those punishments.
( 2) The said scale is - (a) death: (b) imprisonment; (c) discharge with ignominy from Her Majesty's service; (d) in the case of a warrant officer, dismissal from Her Majesty's service; (e) detention for a term not exceeding two years or such shorter period as may be prescribed; (f) Where the offender is on active service on the day of the sentence, field punishment for a period not exceed ing ninety days; (g) in the case of a warrant officer or non-commissioned officer, reduction to the ranks or any less reduction in rank; (h) in the case of a warrant officer or non-commissione<l officer, forfeiture, in such manner as may be prescn"bed, of seniority of rank; (i) fine of a sum not exceeding the equivalent of ninety days' pay; (j) where the offence is desertion, forfeiture of service; (k) in the case of a warrant officer or non-commissioned officer, severe reprimand or reprimand; (I) where the offence has occasioned any expense, loss or damage, stoppages.
(3) For the purposes of this Part a punigbment specified in any paragraph of the said scale shall be treated as less than the punishments specified in the preceding paragraphs, and greater than those specified in the following paragraphs, of the scale: Provided that detention shall not be deemed to be a less punish ment than imprisonment if the term of detention is longer than the term of imprisonment.
( 4) Save as expressly provided in this Ordinance, not more than one punishment shall be awarded by a court-martial for one offence.

(5) A soldier sentenced by a court-martial to imprisonment may ~ addition thereto be sentenced to be discharged with ignommy from Her Majesty's service, and a warrant officer sentenced by a court-martial to imprisonment may in addition thereto be sentenced to dismissal from Her Majesty's service.
( 6) Where a warrant officer or non-commissioned officer is 9entenced by a court-martial to imprisonment.

detention or field punish ment, he shall also be sentenced to be reduced to the ranks: Provided that if the court-martial fails to sentence him to be so reduced, the sentence shall not be invalid but shall be deemed to include a sentence of reduction to the ranks.

A,D.

1966.]

.

, DEFENCE [No.


24 12f (7) In the case of a warrant officer or non-commissioned Jfficer a severe reprimand or reprimand may be awarded by a court martial in addition to a fine or any forfeiture of seniority of rank.

(8) Where an offender is on active service when sentence of a court-martial is announced, a fine may be awarded in addition to 'field punishment.

(9) Stoppages may be awarded by a court-martial either in addition to or without any other punishment.
(10) Where an offender has been sentenced by a court-martial to detention.

then if he is subsequently sentenced by a court-martial to imprisonment any part of the sentence of the detention which has not been served shall thereupon be remitted by virtue of this subsection.

( 11) Without prejudice to the validity of any award, an offender shall not be kept continuously in detention under this Ordi nance for more than two years.

79.
79.

Field punishment shall consist of such duties or drills, in ::t. punllih- addition to those which the offender might be required to perform if he were not undergoing punishment, and such loss of privileges, as may be provided by and under regulations made under this Part, and may include confinement in such place and manner as may be so provided and such personal restraint as may be necessary to prevent the escape of the offender and as may be so provided.
80 Where in this Ordinance it is provided that any person sub- Im~ ject to military law under this Ordinance is liable on conviction by me court-martial to imprisonment and no term or maximum term of im prisonment is specified then such person shall be liable to imprisonment for any term.

Arrest 81.

(1) Any person subject to military law under this Ordinance Power :fe» found committing an offence against any provision of this Ordinance, ~ .
or alleged to have committed or reasonably suspected of having committed any such offence, may be arrested in accordance with the following provisions of this section.. (2) An officer may be arrested by an officer subject to service law of superior rank, or, if engaged in a quarrel or disorder, by sudh an officer of any rank.
(3) A soldier may be arrested by an officer, warrant officer or non-commissioned officer subject to service law: Proyided that a person shall not be arrested by virtue of this subsection except by a person of superior rank.
( 4) A provost officer, or any officer, warrant officer or non commissioned officer subject to service law lawfully exercising authority under a provost officer or on his behalf, may arrest any officer or soldier: Provided that an officer shall not be arrested by virtue of this subsection except on the order of another officer.

122 No.

24] THE LAWS OF BRJTISH GUIANA [A.D. 1966 Provisiom for avofd.loe delay aft.er arrest.
(5) The power of arrest given to any person by this section may be exercised either personally or by ordering into arrei:t the person to be arrested or by giving orders for that person's arrest.

82.

(1) The allegations against any person subject to military law und~ this Ordinance who is under arrest shall be duly investigated without unnecessary delay, and as soon as may be either proceedings shall be taken for punishing his offence or he shall be released from arrest.
(2) Wherever any person subject to military law under this Ordinance, having been taken into military custody, remains under arrest for a longer period than eight days without a court-martial for his trial beh)g assembled, a special report on the necessity for further delay shall be made by his commanding officer to the prescn'bed authority in the prescribed manlller, and a similar report shall be made to the like authority and in the like manner every eight ifays until a court-martial is assembled or the offence is dealt with summarily or he is released from arrest: Provided that in the case of a person on active service com pliance with this subsection shall be excused in so far- as it is not reasonably practicable having regard to the exigencies of military operatioos.
(3) For the purposes of subsection (1) of section 60 the question whether there has been unnecessary delay in the taking of any steps for the investigation of allegations against a person under arrest shall be determined without regard to the provisions of subsection (2) of this section.

Investigation of, and summary dealing with, charges lnvestlaa lion of charges by oommand illll officer.

83.
83.

Before an allegation against a person subject to military law under this Ordinance (hereinafter referred to as "the accused") that he has committed an offence again"St any provision of this Part is further proceeded with, the allegation shall be reported, in the form of a charge, to the accused's commanding officer and the commanding officer shall investigate the charge in the prescn'bed manner.

Charges to .

:m:a~1y w~r:i rank of lieutenant-colonel or against a warrant officer may, if an 84.
( 1) After investigation, a charge against an officer below the authority has power under the following provisions of this Part to deal with it summarily, be so dealt with by that authority (in this Ordinance referred to as "the appropriate superior authority") in accordance with those provisions.

t,y court- martial.
t,y court- martial.

(2) After investigation, a charge against a non-commissioned officer or private soldier may be dealt with summarily by his command ing officer, subject to, and in accordance with, the following provisions of this Part.

(3) Any charge not dealt with summarily as aforesaid shall, after investigation, be remanded for trial by court-martial.

A-D. 1966.J DEFENCE [No.


24 123 (4) Notwithstanding anything in the foregoing provisions of this section, where - (a) the commanding officer has investigated a charge against an officer or warrant officer; or (b) the commanding officer has investigated a charge against a non-commissioned officer or private soldier, which is not one which can be dealt with summarily, the commanding officer may dismiss the charge if he is o'f.

opinion that it ought not to be further proceeded with.
( 5) References in this Ordinance to dealing summarily with a charge are references to the taking by the appropriate superior authority or the commanding officer of the accused, as the case may require, of tjle following action, that is to say, determining whether the accused is guilty, dismissing the charge or recording a finding of guilty accordingly, and awarding punishment.

85.

(1) The following provisions of this section shall have effect =:: ~ ~:~::\.
:!d where the commanding officer has investigated a charge against a non- c11 ar11ca commissioned officer or private soldier.

00 otiicen and ,oldien.

(2) If - (a) the charge is not one which can be dealt with summarily and the commanding officer has not dis missed it; or (b) the charge is one which can be dealt with summarily but the commanding officer is of opinion that it should not be so dealt with, he shall take the prescribed steps with a view to the charge being tried by court-martial.
(3) Otherwise the commanding officer shall proceed to deal with the charge summarily; and if he records a finding of guilty he may award one or more of the following punishments, that is to say - (a) if the accused is a non-com.missioned officer - (i) a fine of a sum not exceeding the equivalent of twenty-eight days' pay; (ii) severe reprimand or reprimand; (iii) where the offence has occasioned any expense, loss or damage, st.oppages; (iv) stoppage of leave; (v) admomtion; (b) if the accused is a private soldier - (i) detention.
for a period .not exceeding fortyRtwo da~ or, if the accus~ 1s on active service, field punishment for a penod not exceeding forty-two days; .

(ii) a fine o!

a sum not exceeding the equivalent of twenty-eight days' pay; 124 No.
24] THE LAWS OF BRITISH GUIANA [A.D. 1966 (iii) where the offence has occasioned any expense, loss or damage, stoppages; (iv) coo.finement to barracks for a period beginning with the day of the sentence and not exceeding twenty-eight days; (v) stoppage of leave; (vi) extra guards, piquets, duty or drill; (vii) admonition.
( 4) Where the accused is a lance-corporal or ot corresponding rank and the commanding officer finds him guilty, the commanding officer may, if lie awards no other punishment or no other punishment except stoppages, order the accused to be reduced to the ranks.
( ~) Where the accused is an acting warrant officer or acting non-commissioned officer, and the commanding officer finds him guilty, the commanding officer may, if he awards no other punishment or no other punishment except stoppages, order the accused to revert to his permanent rank or to assume an acting rank lower than that held by him but mgner tnan ms permanent raruc.
in subsection ( 6) Notwithstanding anything this section, where the commanding officer has determined that the accused is guilty and if the charge is dealt with summarily will award detention or field punishment, the commanding officer shall not record a finding until after affording the accused an opportunity of electing to be tried by court-martial; and if the accused so elects and does not subsequently in accordance with regulations withdraw his election the commanding officer shall not record a finding but shall take the prescribed steps with a view to tlie charge being tried by court-martial.
( 3) of (7) Where a charge is one which can be dealt with summarily, but the commanding officer has taken steps with a view to its being tried by court-martial, any higher euthority to whom the charge is re ferred may refer the charge back to the commanding officer to be dealt with summarily; and on any such reference subsections ( 3), ( 4), (5) and (6) of this section shall apply as if the commanding officer ood originally been of opinion that the charge should be dealt with summarily: Provided that a charge shall not be referred back where the accused has elected to be tried by court-martial and has not withdrawn his election.
Further pro ceed; nas l,n charges a1aimt of ficers and wftrrant of f.leers.

86.
86.

( 1) After investigating a charge against an officer or warrant officer, the commanding officer shall, unless he has dismissed the charge, or the case is one where he has power, and proposes to direct trial by field court-martial, submit it in tht prescribed manner to higher authority and thereupon it shall be determined by such authority how the charge is to be proceeded with in accordance with subsections ( 2) and ( 3) of this section.
(2) If the charge is one which can be dealt with summarily, it may be referred to the appropriate superior authority.

A,D.

1966.]

DEFENCE [No.

24 125 (3) If the charge is not so referred, the prescribed steps shall be taken with a view to its being tried by court-martial.
( 4) Where the charge is referred to the appropriate superiot authority, that authority shall investigate the charge in the prescribed manner and determine whether the accused is guilty of the charge and accordingly dismiss the charge or record a finding of guilty: Provided that if in the course of investigating the charge the authority determines that it is desirable that the charge should be tried by court-martial, the prescribed steps shall be taken with a view to its being so tried.
{5) If the appropriate superior authority records a finding of guilty, the authority may award one or more of the following punish ments, that is to say - (a) a fine of a sum not exceeding the equivalent of twenty-eight days' pay; (b) forfeiture, in such manner as may be prescribed, of seniority of rank, where the accused is an officer the forfeiture being of seniority of rank either in the Force or in the unit to which the accused belongs or in both; ( c) severe reprimand or reprimand; ( d) where the offence has occasioned any expense, loss or damage, stoppages.
( 6) Notwithstanding anything in subsection ( 4), where the appropriate superior authority has determined that the accused is guilty and if the charge is dealt with summarily will award a fine under paragraph (a) or any forfeiture of seniority under paragraph (b), of subsection (5) of this section or stoppage~, or whe.re a finding of guilty will involve a forfeiture of pay, the authority shall not record a finding until after affording the accused an oppartunity of electing to be tried by court-martial; and if the accused so elects the authority shall not record a finding but shall take the pr~cribed steps with a view to the charge being tried by court-martial.
87 (1) charge- Notwithstanding anything in sections 85 and 86, where a DlsmJesal o1 cbaraca re felled to (a) has been referred to higher authority with a view to blsher au- its being tried by court-martial; or lboritJ.

(b) has been submitted to higher authority for deter- mination how it is to be proceeded with, that authority may refer the charge back to the commanding officer of the accused with a direction that it shall be dismissed, and in any such case the commanding officer shall dismiss the charge.
(2) The reference back of a charge in pursuance of this section shall be without prejudice to the preferring of another charge if the higher authority has so directed or the commandillg officer thinb fit.

126 No.

24] THE LAWS OF BlVTISH GUIANA [A.D. 1966 ('Offl• Officers who are to act U m111tdln1 offi cers and a,ppropr1ate superior au thorities.

Limitation on power, of ~ummary d.-alia11 with chargee.

88.
(1) In this Ordinance the expression "commanding officer", in relation to a person charged with an offence, means either the officer for the time being commanding the unit to which the person belongs or is attached, or, if the person belong~ or is attached to a part of a unit which is so separated from the unit to which it belongs that the officer commanding that unit cannot effectively exercise his powers as commanding officer over it, the officer commanding that part of the unit, or such other officer having powers of command over that person as may be determined by regulations.
(2) The following persons may act as appropriate superior authority in relation to a person charged with an offence, that is to say any officer having power to convene ordinary courts-martial: (3) Regulations may confer on officers, or any class of officers, who by or under this Ordinance or the regulations are authorised to exercise ·the functions of commanding officer power to delegate those functions, in such cases and to such extent as may be specified in the regulations, to officers of a class so specified.
89.

(1) The charges which may not be dealt with by a command ing officer, the charges which may not be dealt with by an appropriate superior authority and the charges which may not be dealt with summarily by a commanding officer or an appropriate superior authority except with the permissiQD.

of higher authority, shall be such as may lle specified by or under regulations.
Any charge not so specified, and, upon obtaining such permission as aforesaid, any charge which may be dealt with summarily with such permission, may be dealt with summarily by a commanding officer or an appropriate superior authority, as the case may be.

(2) In such case as may be specified in that behalf by regula tions, the pawers of a commanding officer or approP.riate superior authority to award punishment shall be subject to such limitations as may be so specified.
Court-martial: 1enenJ proTilllonl Trial try, and powers ot, ordinary ooun-martial.

90.

Subject to the provisions of this Ordinance, an ordinary court-martial under this Ordinance shall have power to try any person subject to military law under this Ordinance for any offence which under this Ordinance is triable by court-martial and to award for any such offence any punishment authorised by this Ordinance for that offence.

Trial by, and powers of, fii::d cou~t-martial.

91.
91.

(.1) Where an officer commanding any body of the Force on active service - (a) being an officer to whom under subsection ( 1) of section 86 a charge has been submitted for deter mining how it is to be dealt with; or (b) being the accused's commanding officer who has in vestigated a charge which cannot be dealt with summarily or which in his opinion ought not to be so dealt with; or A,D.

1966.]

DEFENCE [No.


24 127 ( c) being the accused's commanding officer or the appro priate superior authority who bas investigated a charge on which the accused bas elected to be tried by court-martial, is of opinion that it is not possible without serious detriment to the public service that the charge should be tried by an ordinary court martial, the officer may ( whether or not he is authorised to convene ordinary courts-martial) direct that the charge shall be tried by a field court-martial.
(2)A field court-martial shall have the powers of an ordinary court-martial, except that where the coun consists of less than three officers the sentence shall not exceed imprisonment for a term of two years.

92.

( 1) An ordinary court-martial may be convened by the Chief ~mcem bav of Staff or any officer authorised to convene ordinary courts-martial ;~a c=:'e~~ by the Defence Board.

couri.mart1a1.
couri.mart1a1.

(2) A field court-martial may be convened by the officer who directed that the charge should be tried by field court-martial.
(3) Any authorisation under this section to convene ordinary coUl'ltS-martial - _(a) may be made subject to restrictions, reservations, (b) (c) exceptions or conditions; may be addressed to officers by name or by designa tion of their offices, and may be issued or given to to a named or a named or designated officer, designated officer and to the person for the time being performing the duties of his office, to a named or designated officer and his successors in that office or to a named or designated officer and such person and his successors; may be varied or may be revoked either wholly or in part by the Defence Board.
93.

( l ) An ordinary court~artial shall consist of the president co~Uoa itu:!

::7 and not l,:ss than two other officers: Provioed that an ordinary court-martial shall consist of five mem- ua1.

bers if - (a) an officer is to be tried; or (b) the only punishment or the maximum punishment which can be awarded in respect of a charge be fore the court is death.
(2) Save as hereinafter provided, an officer shall not be appointed a member of an ordinary court-martial unless he belongs to the Force, is subject to service law and bas been an officer in any of Her Majesty's forces for a period of not less than two years or for periods amounting in the aggregate to not less than two years; and, for the -avoidance of doubt, it is hereby declared that reference in this subsection to Her Majesty's forces includes a reference to the British Guiana Volunteer Force.

128 No.
128 No.

24] THE LAWS OF BRITISH GUIANA [A.O.

1966 (3) Not less than two of the members of an ordinary court martial shall be of a rank not below that of captain or corresponding rank.
( 4) The president of an ordinary court-martial shall be ap pointed by order of the convening officer and shall not be under the rank of field officer or corresponding rank unless in the opinion of the convening officer an officer of field or corresponding rank having suit able qualifications is not, with due regard to the pubHc service.

avail able; and in any event the president of an ordinary court-martial shall not be under the rank of a captain or corresponding rank.
( 5) The members of an ordinary court-martial, other than the president, shall be appointed by order of the convening officer or in such other manner as may be prescribed.

(6) An officer under the rank of captain or corresponding rank shall not be a member of an ordinary court-martial for the trial of an officer above that rank.

conauruuon or ti~td courts-martial not ess t an two o er o cers, or, 94.
( 1) A field court-martial shall consist of the president and f l t e convenmg o cer ts o opinion that three officers having suitable qualification are not avail able without serious deteriment to the public service, shall consist of the president and one other officer.

if h th ffi ffi h · · Supplemen tary provi sions u 10 ronstttu:ion of come.

mardal.

(2) Save as hereinafter provided, the members of a field court martial shall be officers belonging to the Force and subject to service law.
(3) The president of a field court-martial shall be an officer appointed by the convening officer and shall not be under the rank of captain or corresponding rank.

( 4) The members of a field court-martial, other than the president, shall be appointed by order of the convening officer or in such manner as may be prescn'bed.

95.
95.

( 1) The officer who convenes a court-martial shall not be a member of that court-martial : Provided that if in the case of a field court-martial it is not practic able in the opinion of the convening officer to appoint another officer as presidmt, he may himself be president of the court-martial.
(2) An officer who, at any time between the date on which the accused was charged with the offence and the date of the trial, bas been the commanding officer of the accused, and any other officer who has investigated the charge against the accused, or who under service law has held, or has acted as one of the persons holding, an mquiry into matters relating to the subject matter of the charge against the accused, shall not sit as a member of an ordinary court martial or act as a judge advocate at such a court-martial.
(3) If any court-martial is required to be convened at any place where in the opinion of the convening officer the necessary number of officers belonging to the Force and having requisite quali fications is not available to form the court, and cannot be made avail- A-D.

1966.]

DEFENCE [No.
24 129 able with due regard to the public service, the convening officer may, with the consent of the proper military authority, appoint any officer of Her Majesty's forces as president in lieu of an officer belonging to the Force or as anv other member of the court in lieu of or in addition to an officer or officers belonging rto the Force: Provided that no officer of Her Majesty's forces shall be quali fied to act in relation to a court-martial unless he is of a rank not lower than that which would have been required in the case of an officer belonging to the Force and has been an officer in any of Her Majesty's forces for the like period or periods as would have been so required.
(4) Where - (a) the officer convening an ordinary court-martial appoints a oaptain or an officer of corresponding rank to be president, being of opinion that an officer of field or corresponding rank having suitable quali fications is not with due regard to the public service available; (b) an officer directs that an offender shall he tried by a field court-martial, being of opinion that it is not possible without serious detriment to the P'Ublic service that the offender should be tried by an ordi nary court-martial.
or the officer convening a field court-martial appoints two officers only to be mem bers of the court, being of opinion that three officer.

; having suitable qualifications are not without serious detriment to the public service available.
or appoints himself to be president, being of opinion that it is not practicable to appoint another officer as president; or ( c) the officer convening any court-martial annoints an officer, not being an officer belonging to the Force, as president or any other member of the court be ing of opinion that the necessary number of offi cers belonging to the Force and having requisite qualifications is :not available to form the court and cannot be made available with due regard to the public service, the order convenin~ the court-martial sha11 contain a statement of such opinion, and that statement shall be conclusive.
96.

( 1 ) Subject to the provisions of this section, a court-martial Place tor shall sit at such place ( whether within or without British Guiana) :tinf~~n1ai as may be specified in the order convening the court; and the con- an:radJoum vening officer may convene it to sit at a place outside the limits of his !

'~~ 1 ~iacea.

command.


(2) A court-martial sitting at any place shall, if the convening officer directs it to sit at some other place, and may t.vithout any such direction if it appears to the court requisite in the intere!olts of justice to sit at some other place, adjourn for the purpose of sitting , at that other place.

130 No.

24] THE LAWS OF BRITISH GUIANA [A.O.

1966 Courts-martial: Provmons relating to trial 97.
( 1) An accused about to be tried by any court-martial shall be entitled to object, on any reasonable grounds, to any member of the court, whether appointed originally or in lieu of another officer.

(2) For the purpose of enabling the accused to avail himself of the right conferred by subsection { 1) of this section the ~mes of the members of the court shall be read over in the presence of the accused before they are sworn, and be shall be asked whether he objects to any of those officers.
( 3) Every objection made by an accused to any officer shall be considered by the other officers appointed members of the court.

{ 4) If objection is made to the president and not less than one--tbird of the other members of the court allow it, the court shall adjourn and the convening officer shall appoint another president.
( 5) If objection is made to a member of the court other than the president and not less than one-half of the members entitled to vote allow it, the member objected to shall retire and the vacancy may, and if otherwise the number of members would be reduced be low the legal minimum shall, be filled in the prescribed manner by an other officer.

Admlnlau• !ion of oaths 98.


( 1) An oath shall be administered to every member of a court-martial and to any person in attendance on a court-martial as judge advocate, officer under instruction, shorthand writer or interpreter.

(2) Every witness before a court-martial shall be examined on oath: Provided that where any child of tender years called as a witness does not in the opinion of the court understand the nature of an oath.
his evidence may be received, though not given upon oath, if in the opinion of the court he is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth, so ho~er that, where the evidence is given on behalf of the prosecution.

the accused shall not be liable to be convicted upon such evidence alone unless it is corroborated by some other material evi dence in support thereof implicating the accused.
( 3) An oath required to be administered under this section shall be in the prescribed form and shall be administered at the pre scribed time by the prescribed person and in the prescribed manner.

Couru;.mani:i.1 10 &11 1n opi,n shall sit in open court and in the presence of the accused.

court.

99.
court.

99.

( 1) Subject to the provisions of this section, a court-martial (2) Nothing in subsection (1) of this section sball affect the power of a court-martial to sit in ca.mera on the ground that it is necessary or expedient in ~e ~terests of the administration O!
justice to do so; and without pre1udice to that power a cour,t-martial ~y order that, subject to any exceptions the court may specify, the public shall be excluded from all or any part of the proceedings of the court if it appears to the court that eny evidence to be given or statement 10 A-D.

1966.]

DEFENCE [No.


24 131 be made in the course of the proceedings or that part, as the case may be, might otherwise lead to the disclosure of any information which would or might be directly or indirectly useful to an enemy.

(3) A court-martial shall sit in closed court while delibera ting on their finding or sentence on any ch~ge.

( 4) A court-martial may sit in closed court on any other deliberation amongst the members.
(5) Where a court-martial sits in closed court no person shall be present except the members of the court and such other persons as may be prescribed.

100.

( 1) Where, whether before or after the commencement of 0 11,oJution the trial, it appears to the convening officer necessary or expedient :.n1~wu in the interests of the administration of justice that a court-martial should be dissolved, the convening officer may by order dissolve the court-martial.
(2) Without prejudice to the generality of subsection (1) of this section, if after the commencement of the trial a court-martial is, by reason of the death of one of the members or for any other reason, reduced below the legal mini,mum, it shall be dissolved.
(3) If after the commencement of the trial the president dies or is otherwise unable to attend and the court is not reduced below the legal minimum, then - (a) if the senior member of the court is of the rank of captain or corresponding rank or is of higher rank, the convening officer may appoint him presi dent and the trial shall proceed accordingly; but (b) if he is not, the court shall be dissolved.
( 4) Without prejudice to the generality of subsection ( 1) of this section, if after the commencement of the triel it is represented to the convening officer that owing to the sickness or other incapacity of the accused it is impracticable having regard to ell the circum stances to continue the trial within a reasonable time, the convening officer may dissolve the court.
(5) Where a court-martial is dissolved under the foregoining prov~ions of this section the accused may be tried by another court martial.

101.

( 1 ) Subject to the provisioos of this section, every question Dec.isiona or to be derermined on a trial by court-martial shall be determined by c,)llrts-marua1.

a majority of the votes of the members of t?he court.

(2) In the case of an equality of votes on the finding, the court shall acquit the accused.
(3) A finding of guilty where the only punishment which the court can award is death shall not have effect unless it is reached with the concurrence of all members of the court; and where on such a finding being come to by a majority of the members there is no 132 No.

24] THE LAWS OF BRITISH GUIANA [A.O.

1966 such concurrence, the court shall be dissolved and the accused may be tried by another court.
( 4) Where the accused is found guilty and the court has power to sentence him either to death or to some less punishment, sentence of death shall not be passed without the concurrence of all members of the court.

( S) In the case of an equality of votes on the sentence, or on any question arising after the commencement of a trial, except the finding, the president shall have a second or casting vote.

Findin1 and sen11ence.

102.


(1) Without prejudice to the provisions of section 99, the finding of a court-martial on each charge shall be announced in open court.

(2) Any finding of guilty shall be, and be announced as be ing, subject to confirmation.

(3) Ally sentence of a court-mattial, together with any recom mendation to mercy, shall be announced in open court, and a sentence of a court-martial shall be, and be announced as being, subject to confirmation.

103.
103.

(1) An accused charged before a court-martial with an offence under this Ordinance, may, on failure of proof of the offence having been committed under circumstances involving a higher degree of punishment, be found guilty of the offence as having been com mitted under circumstances involving a less degree of punishment.

(2) An accused charged before a court-martial with any offence may be found guilty of attempting to commit that offence.
(3) An accused charged before a court-martial with attempting to commit an offence may be convicted on that charge notwithstanding that it is proved that he actually committed the offence.

( 4) Where an accused is charged before a court-martial under section 76 in respect of attempting to commit a civil ~ence, he µiay be convicted on that charge notwithstandmg that it is proved that he actually committed the civil offence.
(5) Where an accused is charged before a court-martial with an offence against section 76, and the corresponding civil offence is one in proceedings for which, if he had been tried by a civil court for committing the offence in British Guiana, he might have been found guilty of another civil offence, then if the court finds that he has com mitted that other civil offence he may be convicted of an offence against section 76 in respect of the commission of that other civil offence.
( 6) An accused charged before a court-martial with an offence specified in the first column of the Second Schedule to this Ordinance may be found guilty of an offence specifi(?d in relation thereto in the second column of that Schedule.

Power Ill> oonviot of offence odier than that charaecf.

Second Sche cfu!e.

RUiles of evidence.

104.


(1) Subject to the provisions of this Ordinance the rules of evidence to be observed in proceedings before courts-martial shall be the same as those observed in civil courts in British GUiana, and no A.D.

1966.]

DEFENCE [No.

24 133 person shall be required in proceedings before a court-martial to answer any question or to produce any document which he could not be re quired to answer or produce in similar proceedings before a civil court in British Guiana.
(2) Notwithstanding anyming in subsection ( 1) of ~ section, a statutory declaration shall, in a trial by court-martial be admissible as evidence of the facts stated in the declaration in a case where, and to the extent which, oral evidence to the like effect would be admissible in that trial: Provided that a statutory declaration shall not be admitted in evidence in any such trial on behalf either of the prosecution or of the defence - (a) where the declaration is put forward on behalf of the prosecution, unless a copy of the declaration h,as not less than seven days before the commencement of the trial, been served on the accused; or (b) where the declaration is put forward on behalf of the defence, unless a copy of the declaration has, not less than seven days before the commencement of the trial, been served on the commanding officer of the accused or the commanding officer of the accused has given his agreement in writing to its admission; or ( c) in any case, if, not later than three days before the commencement of the trial or within such further time as the court-martial may in special circumstances allow, the accused or, as the case may be, the com manding officer of the accused serves a notice in the the commanding officer or prescribed accused requiring that oral evidence shall be given in lieu of the declaration; or form on (d) in any case, if the court-martial is of opinion that it is desirable justice that oral evidence should be given in lieu of the declaration and declares that it is of that opinion.
interests of in the (3) A court·martial shall take judicial notice of all matters of notoriety, including all matters within .the general service knowledge of the court, and of all other matters of which judicial notice would be taken in a civil court in British Guiana.

105. .

~ witness before a court-martial or any other person Priv:leae whose duty 1t IS to attend on or before the court shall be endtled to the tat w,tc_ same immunities and privileges ,as a witnei.s before the Supreme Court.
:_:d ~~~i martial.

106.

( 1) Where in British Guiana any persoo other than a person orrence, br etvrua111 1n ftl!ai.ion to subject to military law under this Ordinance - (a) having been duly summoned to attend as a witness courta-mart1a1.

• before a court-martial, fails to comply wJth !l!he summons; or (b) refuses to swear an oath when duly ,:equired by a court-martial to do so;- or 134 No.
24] THE LAWS OF BRITISH GUIANA [A.D. 1966 ( c) refuses to produce any document in his custody or under his control whioh a court-martial has law fully required him to produce; or (d) when a witness, refuses to answer any question which a court-martial has lawfully required him to answer; or ( e) wilfully insults any person, being a member of a court-martial or a witness or any other person whose duty it is to attend on or before the court, while that persoo is acting as a member therecf or is so attending, or wilfully insults any such person as aforesaid while that person is going to or returning from the proceedings of the court; or (f) wilfully interrupts the proceedings of a court-martial or otherwise misbehaves before the court; or (g) does any other thing which would, if the court-martial had been a court of law havmg power to commit for contempt, have been contempt of that court, the presideillt of the court-martial may certify the offence of that person under his hand -to the Supreme Court, and that court may thereupon inquire into the alleged offence and after hearing any witnesses who may be produced against or .oo behalf of the person charged with the offence, and after hearing any statement that may be offered in defence punish or take steps for the punishment of that person in like imanner as if he had been guilty of contempt of the Supreme Court.
(2) In this section "court-martial" means a court held under service law.

Afflnn&t.iona.

107.
I f - (a) a person required by virtue of this Ordinance to take an oath for the purposes of proceedings before a court-martial objects to being sworn, and states as the ground of his objection either -that he has no religious belief or that the taking of an oath is con trary to his religious belief; or (b) it is not reasonably practicable to administer an oath to such a person as ,aforesaid in the manner appropri ate to his religious belief, he shall be required to make a solemn affirmation in the prescn"bed form instead of taking an oath.
Confirmation, Revision and Review of Proceedings of Courts-Martial Confirmation of proceed iDp of courts-martial.

108.

(1) Where a court-martial finds the accused guilty on any charge, the record of the proceedings of the court-martial shall be transmitted to a confirming au-thority for confirmation of the finding and sentence of the court on that charge.

(2) A finding of guilty or sentence of a court-martial shall not be treated as a finding or sentence of the court until confimled: A,D.

1966.]
1966.]

DEFENCE [No.

24 135 Provided that this subsection shall not affect the keeping of the accused in custody pending confirmation., or the operation of sections 109 and 110 or the provisions of this Ordimince as to confirmation or approval.

109.

At any time after a court-martial has sentenced the :.!!::"t1nJ.

accused, but not later thain the prescribed time after confirmation inv or sen is completed, the accused may in the prescribed manner present a rence.
petition agrunst finding or sentence or both.

110.

(1) A confirming authority may direct that a court-martial ~ o~ shall revise any finding of guilty come to by the court in any case couiu-martlal.

where it appears to him - (a) that the findin g was against the weight of evidence; or (b) that some question of law determined at the trial and relevant to the finding was wrongly determined.
(2) Any such direction shall be accompanied by the necessary directions for the reassembly of the court, and shall contain a state ment of.

the reasons for the directian.

( 3) On any revision of a finding the court shall reconsider the finding, and ( unless the court adheres thereto) may substitute therefor either a finding of not guilty or any other finding to which the court could originally have come at the trial in lieu of the finding under revision.
( 4) On any such revision the court shall not have power to receive further evidence.

( S) Where on any such revision the court either adheres to the original finding or substitutes therefor a finding of guilty of an other offence, or of the same offence in differont circumstances the court may substitute a different sentence for the original sentence: Provided that the court shall not have power to substitute a sen tence of a punishment greater than the punishment or the greatest of.
the punishments awarded by tht: original sentence, or to substitute a sentence which in the opinion of the court is more severe than the original sentence.
( 6) The confirming authority shall not have power to direct the revision of any substituted finding come to by the court on a previous direction of the c0111firm.ing authority, or the revision of the original finding if adhered to by the court on such a previous direc tion; but save as aforesaid this Ordinance shall apply to the proceedings of the court on any such revision as it applies to their deliberations on the orig!nal finding or sentence and any substituted finding or sentence shall be treated for all purposes as an original finding or sentence of the court : Provided that the decision of the court on the revision shall not be required to be announced in open court.
136 No.

24] THE LAWS OF BRITISH GUIANA [A.D. 1966 Powers ot <1'.>nl'innlna 1tutboritica.

111.
( 1) Subject to the provisions of section 110 and to the fol lowing provisions of this section, a confirming authority shall deal with the finding or sentence of a court-martial either by withholding confirmation, if of opinion that the finding of the court is UDTeasonable or cannot be supported having regard to the evidence or involves a wrong decision on a question of law or that, on any ground, there was a miscarriage of justice, or by confirming the finding or sentence or referring the finding or sentence, or both, for confirmation to a higher confirming authority.
(2) In lieu of withholding confirmation of the finding of a court-martial, a confirming authority may, if - (a) some other finding of guilty could have been validly made by the court-martial on the charge before it; and (b) be is of opinion that the court-martial must have been satisfied of the facts necessary to justify that other finding, substitute that other finding, and if he does so he shall consider in what manner, if at all, the powers conferred by subsection ( 4) of this section should be exercised.
(3) Where it appears to a confirming authority that a sen tence of a court-martial is invalid, he may, in lieu of withholding con firmation of the sentence, substitute therefor a sentence of any punish ment or punishments which could have been awarded by the court, not, being greater than the punishment or the greatest of the punish ments awarded by the court and not in his opinioo.

more severe than that punishment or those punishments.
{ 4) In confirming the sentence of a court-martial, the con firming authority may - (a) remit in whole or in pan any punishment awarded by the court; or (b) commute any such punishment for one or more punishment or punishments provided by this Ordi nance, being less than the punishment commuted.

( 5) A finding or sentence substituted\ bv the confimrinl!
: iwthor ity or any sentence having effect after the confirming authority bas re mitted or commuted punishment, shall be treated for all purposes as a finding or sentence of the court duly confirmed.
(6) The confirmation of a finding or sentence shall not be deemed to be completed until the finding or sentence has been pro mulgated; and in the event of any such substitution, remission or commutation as aforesaid the finding or sentence shall be promul gated as it has effect after the substitution, remission or commutation.

(7) Where the confirming authority determines to withhold confirmation, the determination shall be promulgated and shall b,ave effect as from the promulgation thereof.
Confinn!D1 authorltie.,.

112.

( 1) Subject to the provisions of this section, the following shall have power to confirm the finding and sentence of any court -nartial, that is to say - A.D.

1966.]

DEFENCE [No.
24 137 (a) the officer who convened the court-martial or any officer superior in command to that officer; or (b) the successor of any such officer or superior officer, or any person for the time being exercising the functions of any such officer or superior officer; or ( c) failing any such officer as aforesaid - (i) any officer appointed by the Defence Board to act as confirming authority, whether for the particular case or for a specified class of cases; or the Defence Board, (ii) (2) The following shall not have power to confirm the finding or se~tence of a court-martial, that is to say - (a) any officer who was a member of the court-martial; or (b) any person who, as commanding officer of the accused, investigated the allegations against him or who is for the time being the commanding officer of the accused; or ( c) any person who, as appropriate superior authority in vestigated the allegations against the accused: Provided that a person excluded by the foregoing provisions of this subsection may act as confirming authority for a field court martial, if otherwise having power to do so, where he is of opinion that it is not practicable, having due regard to the public service, to delay the case for the purpose of referring it to another confirming authority.
(3) An authorisation empowering the convening of an ordi nary court-martial may reserve for confirmation by superior authority findings or sentences or both in such circumstances as may be speci fied by or under the authorisation, and the powers conferred by sub section ( 1 ) of this section shall be exercisable subject to any such reservation.

113.
113.

A sentence of death shall not be carried into effect unless Approval ot it has been approved by the Governor acting on the recommendation ~~awo:!~ce of the advisory authority.

oor.

y a reviewing au onty, an 11~.


(lb) A !indied'n,gbor sent~nc~ whicthh h~s beend cifonftrmafte ed mfirmay at ~ 'i:S o~d any time e review a- sentences of tion of a finding or sentence a petition is duly presented under section oour1>mart11L 109 against the finding or sentence then, subject to the provisions of this section, the finding or sentence shall be so review~~ as soon as may be after the presentation of the petition and after consideration of the matters alleged therein.
r con (2) The reviewing authorities for the purposes of this Ordi nance are - (a) the Governor acting on the recommendation of the advisory authority; 138 No.

24] THE LAWS OF BRITISH GUIANA (A.D. 1966 (b) the Defence Board or (so far as the delegation ex tends) any officer to whom the powers of the Defence Board as reviewing authority, or any of those powers, may be delegated by regulations; or ( c) any officer superior in command to the confirm ing officer.
(3) If an appeal or an applioation for leave to appeal is received by the Registrar of the Court of Appeal under the provisions of Part VI of this Ordinance so much of subsection (1) of this sec tion as requires the review of a finding or sentence against which a petition has been presented shall thereupon cease to apply to the find ing to which the appeal or the applioation fur leave to appeal relates and the sentence passed in consequence of that finding.
( 4) On a review under this section the reviewing authority may- (a} in so far as the review is of a finding, quash the finding and, if the sentence relates only to the find ing quashed, the sentence; or (b) in so far as the review is of a sentence, quash the sentence; or ( c) in any case, exercise the like powers of substituting findings, substituting valid for invalid sentences and remitting or commuting punisb,ment as are conferred on a confirming authority by subsections (2) to (4) of section 111, and any substituted finding or sentence, or sentence having effect after the remission or commutation of punishment, shall be treated for all purposes as a sentence of the court duly confirmed.
( 5) Where a reviewing authority exercises any of the powers conferred by subsection ( 4) of this section, the determination of the authority shall be promulgated and shall have effect as from the pro mulgation thereof.

!~der- 115.
!~der- 115.

( 1) Sentences of imprisooment and detention passed by courts sentencet ot martial may be reconsidered by the Chief of Staff or by such officers :re;~=~-(not below the rank of colonel or corresponding rank) as maiy be from time to time appointed by the Defence Board; and if on any such reconsideration it appears that the conduct of the offeoder since his conviction has been such as to justify remission of the sentence, whether in part or in whole, it may be remitted accordingly.
(2) The power to reconsider a sentence may be exercised ai any tune after confirmation, and where after review a sentence remains effective it shall be reconsidft'ed at intervals of.

si.

't months: Provided that delay in complying with this subsection shall not invalidate the sentence.

Review of Summary Findings and Awards Review ol 1ummal')' findinp r.od awards.

116.
116.

( 1) Where a charge has been dealt with summarily, otherwise than by the dismissal thereof, the authority hereinafter mentioned may at any time review the finding or award.

A.O.

1966.]

DEFENCE [No.

24 139 ( 2) The said authority is - (a) the Defence Board; or (b) any officer superior in command to the officer who dealt summarily with the charge.
(3) Where on a review under this sectio.n it appears !-0 the said authority expediemit so to do by reason of any mistake of law m the p~o ceedings on the summary dealing with the charge or of anything occurnng in ~ e proceedings which in the opinion of the authority involved sub stantial injustice to •the accused, the authority may quash the finding.
( 4) If a fmding in any proceedings is quashed under subsection ( 3) of this section and the award made in those proceedings relates only to the finding quashed, the authority shall also quash the a.ward; a.nd if the award re1ate5 also to any other finding and it appears to the authority that the award was not warranted by this Ordinance in respect of that other finding, the authority may vary the award by substituting such punishment or punishments as the authority may think proper, be ing a punishment or punishments which could have been included in the original award in relation to that other finding, and not being in the opinion of the authority more severe than the pUillishment or the punish ments included in the original award.
(5) Where on a review under this section it appears to the said authority that a punishment awarded was invalid, or too severe, or (where the award included two or more punishments) that those punishments or some of them could not validly have been awarded in combinatioo or are, taken together, too severe, the authority may vary the award by substituting such punishment or punishments as the authority may think proper, being a punishment or punishments which could have been in cluded in the original award and not being in the opinion of the authority more severe than the punishment or punishments included in the original award.
Findinp of Insanity, etc.

117.

( 1) Where, on the trial of a person by court-martial, it appears Provillom to the court that the accused is by rea50n of insanity unfit to stand bis "':3 :O- d trial, the court shall so find; and if the finding is confirmed in accord- f~ane.
oun ance with the following provisions of this section the accused shall be kept in custody in such manner as may be provided by or under regula- tions under this Part until the directions of the Governor are known or until any earlier time at which the accused is fit to stand his trial.
(2) Where, on the trial of a person by court-martial, it appears to the court that the evidence is such as, apart from any question of ia<;anity, to support a finding that the accused was guilty of any offence, but that at the time of the acts or omissions constituting that offence the accused was insane, the court shall find that the accused was guilty of that offence but was insane at the said time, and thereupon the accused shall be kept in custody in such ma.nnet' as may be provided by or under regulations under this Part until the directions of the Governor are known.
140 No.

24] THE LAWS 0.F BRITISH GUIANA [A.O.

1966 ( 3) In the case of any such finding as aforesaid the Governor may give orders for the safe custody of the accused during his pleasure in such place and in such manner as the Governor thinks fit.

( 4) A finding under subsectian ( 1) of this section shall not have effect unless and until the finding has been confirmed by an authority who would have had power to confirm a finding of guilty come to by the court-martial in question and has been promulgated.
(5) Where the court or the confirming authority comes to or substitutes a finding of guilty but insane the coo!firming authority or, as the case may be, the reviewing authority shall not have power to sub stitute for that finding a finding of guilty; but save as aforesaid the provisie>n.5 of this Ordinance as to revision, confirmation and review (aiilld in particular the provisions of this Ordinance which confer power to sub stitute for any finding imy other finding which could have been come to by the court-martial in question) apply in relation to such findings as are provided for by subsection ( 2) of this section as those provisions apply in relation to other findings of guilty.
Commencement, S1$pension and Duration of Sentences Commenc~ ment of sen tenca.

Duration ol sentences of fmprillOilmenr or deten1i"'1 118.
A military sentence of imprisonment or detention or a sentence of field punishment shall, subject to the provisions of section 143 ( which empowers the Court of Appeal in certain cases to direct that a sentence shall begin to run from the day on which the Court dismisses an application for leave to appeal), begin to run from the beginning of the day on which sentence was origilnally pronounced by the court martial trying the offender or, as the case may be, was originally awarded by his commanding officer.
119.
(1) Where any person serving a military sentence of imprison ment or detention becomes unlawfully at large during the currency of the sentence, then, in calculating the period for which he is liable to be imprisoned in pursuance of the sentence, no account shall be taken of time elapsing during the period beginning with the day on which he became at large and ending with the day on which, as a person having become unlawfully at large, he is taken into military custody or the custody of a civil authority or (not having been taken into such custody) retul"Jl6 to the place in which he was imprisoned or detained before he became unlawfully at large: Provided that if he satisfies such authority as may be specified in that behalf by or under Imprisonment and Detention Regulations that during any time during the last-mentioned period he was - (a) in the custody of a civil authority; or (b) if amd in so far as Imprisonment and Detention Regula tions so provide, in the custody of any military author ity of any country or territory outside British Guiana as respects which arrangements have been made under section 12 2, otherwise than on account of an offence committed by him while unla.w fully at large, the last-mentioned time shall not be disregarded in cal culating the period for which he is liable to be imprisoned or detained in pursuance of the military sentence.
A.D.1966.]

DEFENCE (No.

24 141 ll) In subsection the expression "civil authority" means a civil authority (whether of British Guiana or of any country or territory outside British Guiana), authorised by law to detain persons, and includes a policeman.
(1) of this section (3) Without prejudice to subsection (1) of this section where any person serving a military sentence of imprisonment or detention has in accordance with Imprisonment and Detention Regulations been temporarily released on compassionate grounds, then, in calculating the period for which he is liable to be imprisoned or detained in pursuance of the sentence, no account shall be taken of time elapsing during the period beginning with the day after that on which he i5 released and ending with the day on which he is required to return to custody.
( 4) A person who for any period is released as mentioned in sub section ( 3) of this section or who is otherwise allowed, in pursuance of ImprisonmeD1t and Detention Regulations, out of military custody for any period or subject to any condition shall, on failure to return at the expiration of the period or to comply with the condition, be treated for the purposes of subsection ( 1) of this section as being unlawfully at large.
(5) A person serving a military sentence of imprisonment or detention in civil custody who, after being temporarily released under civil law, is at large at any time during the period for which he is liable to be detained in civil custody in pursuance of his sentence shall be deemed to be unlawfully at large if the period for which he was tempC1r arily released has expired or if an order recalling him has been made in pursuance of civil law.
(6) References in subsection (5) of this section to release 01 recall under civil law are references to release or recall in pursuance of the law of the country or territory in which he is serving his sentence.

120.
120.

A person shall oot be required to serve any part of a military Restriction sentence of detention in a military or civil prison: on aerv1n1 of sentences of Provided that in such cases and subject to such conditions as may d~ntion In be specified by or under Iroprisonment and Detention Regulations a prlllOCIS.

person serving such a sentence may be temporarily detained in a military or civil prison for any period not exceeding seven days.

121.
121.

A person sentenced to death or imprisonment and committed or tra.nsferred to a civil prison in pursuance of regulations made under this Part or of Imprisonment and Detention RegulationS shall, while in that prison, be confined and otherwise dealt with in the same manner as a person confined therei<o under a like sentence of a civil court.

5peel11 pro visions as civil prisons In British Guiaoa.

t.o 122.
t.o 122.

The Governor may from time to time make arrangements Special pro- with the authorities of any country or territory outside British Guiana visiona aa whereby sentences of death passed by courts-ma,rtial may in accordance out or .c"lna with regulations made under this Pa:rt be carried out in establishments :C.1:'Brit~ 1mder the rontrol of those authorities and military sentences of imprison- Guiana.
mentor detention may in accordance with Imprisonment amd Detention Regulations be served wholly or partly in such establishments.

to carrytn1 141 No.

241 THE LAWS OF BRITISH GUIANA [A.D. 1966 Coun!J7 in ,mk:h - tence of im- priaomnent or detention 11o be aer ved.

123.
123.

(1) A person who is serving a military sentence of imprisonment or detention in British Guiana may (in so far as may be specified by or under Imprisonment and Detention Regulations) be removed out of British Guiana to any place where the unit or any part thereof to which for the time being he belongs is serving or is under orders to serve, but not to any other place.
(2) Subject to the following provisions of this section, a person sentenced under this Ordinance by a court-martial held out of British Guiana, to imprisonment or detention for 01ore than twelve months shall as soon as practicable after the confirmation of the sentence is com pleted be removed to British Guiana.
( 3) Where a person has bean sentenced under this Ordinance by a court-martial held out of British Guiana to imprisonment or detention for more than twelve months, the confirming or reviewing authority may, notwithstanding anything in subsection (2) of this section, direct thait he shall not be required to be removed to British Guiana until he has served such part of his sentence, not exreecling (in the case of a sentence of more than two years' imprisonment) two years, as may be specified in the direction; and in determining whether or not to exercise the powers con ferred by this subsection, a confirming or reviewing authority shall have regard to any reco01mendation in that behalf made by the court-martial.
( 4) Any direction of a confirming authority under this section may at any time be revoked by the confirming authority or by a review ing authority, or superseded by any direction of a confirming authority or a reviewing authority which the authority could have given under sub section ( 3) of this section; and any direction of a reviewing authority under this section may at any time be revoked by a reviewing authority or superseded as aforesaid.
( 5) Any direction given under this section, and the revocation of any such direction, shall be promulgated.

( 6) In ascertaining at any time for the purposes of this section the nature or length of a sentence regard shall be had to any commutation or remission of the sentence previously directed.

Duties of officers In cbaqe of prisona and 124.
(1) It shall be the duty, in so far as regulations made urnder this Part or Imprisonment and Detention Regulations so nrn,u;de, of the superintendent or other person in charge of a prison (not being a military ~::' ; 00r: prison) to receive any person duly sent to that prison in pursuance of such Regulations, or regulations made as aforesaid, and to confine him until execution of the sentence is completed or the prisoner is discharged or delivered over in due courSe of law.

era.
1""" - • • ( 2) Where a person is in military custody in pursuance of a military sentence of imprisonment or detention, then on receipt of a written order in that behalf purporting to be signed by that person's commanding officer, it shall be the duty of any such superintendent or other person as aforesaid, or the policeman in charge of a police station, or any person in charge of any other place in which prisoners may be lawfully confined, to keep the firSt-men.tioned person in custody for a period not exceeding seven days unless he is earlier dischargoo or delivered over, in due course of law.
A,D.

1966.]

DEFENCE [No.

24 143 Trial of persons ceasing to be 1'Ubject to military law under this Ordinance and time limited for trials 125.
(1) Subject to the provisions of section 126, where an offence ;~~8!~t is reasonably suspected of having been committed, by any person while =: under this Ordinance triable by court-martial has been committed, or al olfcncca offence he shall be treated, for the purposes of the provisions of this ~as=~ subject to military law under this Ordinance, then in rela.tion to that !
)Otwlthstand in custody, nnvestigation of ~ =,bJoat Ordinance relating c:harges, trial and punishment by court-martial (including confirmation, review, and reconsideration) 3IDd execution of sentences as continuing subject to military law under this Ordinance notwithstanding his ceasing at any time to be subject thereto.
to arrest, keeping r · (2) Where, while a person is in military custody by virtue of this section (whether before, during or after trial) he commits, or is reason ably suspected of having committed, an offence which if he were subject to military law under this Ordinance would be an offence under this Ordinance triable by court-martial, then in relation to that offence or suspected offeince 11e shall be treated, for the purposes of the provisions of this Ordinance mentioned in subsection ( 1) of this section and the provisions thereof as to the summary dealing with charges, as having been subject to military law under this Ordinance when the offence was committed or is ~spected of having been committed and as continuing subject thereto thereafter.
(3) Where by virtue of either subsection (1) or subsection (2) of this section a person is treated as being at any time subject to military law under this Ordinance for the purpose of any provision of this Ordi nance, that provision shall apply to him - (a) if he holds any military rank, as to a person having that rank; (b) otherwise as to a person having the rank which he had when last actually subject to military law under this Ordinance: Provided that a5 respects any time after he has been sentenced for the offence in question and the sentence has been confirmed the said provision shall apply to him (in any case) as to a private soldier.
( 4) Where apart from this subsection any provision of this Ordi nance would under subsection (3) of this section apply to a person, in relation to different offences, as to a person having different ranks, it shall apply to him as to a person having the lower or lowest of those ranks.

126.
126.

(1) No person shall be tried by court-martial for aan.y offence, Lim.ttation other than one against subsection ( 1) of section 33, subsection ( 1) of :ia.1~ tot within three years after the commission of the offence, there being dis- o::rma: section 34, seotion 41 or section 42 or desertion, tmless the trial is begun offences regarded any time during which he was a prisoner of war and any time during which he was illegally absent: Provided that - 144 No.
24] THE LAWS OF BRI TISH GUIANA [A.D. 1966 (a) in the case of an offence against section 76 where pro ceedings for the corresponding civil offence must, by virtue of any enactment, be brought within a limited time, that limit of time shall apply to the trial of the offence under the said section 76 in substitution for the foregoing provisions of this subsection; (b) subject to any such limit of time as is mentioned in paragraph (a), a person may be tried by court-martial for a civil offence committed outside British Gu1'Ula notwithstanding that it was committed more than three years before the beginning of the trial, if the Attorney General consents to the trial.
(2) Where a person who has committed an offence of desertion, other than desertion on active service, has since the offence served as a member of the regular Force continuously in an exemplary manner for not less than three years, he shall not be tried for the offence.
(3) A person shall not be triable by virtue of subsection (1) of section 125 unless his trial is begun within three months after he ceases to be subject to military law under this Ordinance or the trial is for a: civil offence committed outside British Guiana and the Attorney-General consent:5 to the trial: Provided that this subsection shall not apply to an offence against subsection ( 1) of section 33, subsection ( 1) of section 34, sec tion 41 or section 42 or to desertion.
( 4) A person shall not be arrested or kept in custody by virtue of subsection (1) of section 125 for an offence at ainy time after he has ceased to be triable for the offence.

Relations between Military and Civil Courts and Finality of Trials Powem of ciYl1 courts.

127.
127.

(1) Save as provided in section 152, nothing in this Ordinance shall restrict the offences for which persons may be tried by any civil court, or the jurisdiction of a.ny civil court -to try a person subject to military law under this Ordinance for any offence.
( 2) Where a person is tried by a civil court for any offence, and he has previously been sentenced by court-martial held under ser vice law to punishment for any act or omiSsion constituting (whether wholly or in part) that offence, or in pursuance of this Ordinance he has been punished for any such act or omission by his commanding officer or an appropriate superior authority, the civil court shall, in awarding punishment, have regard to his punishment in pursuance of this Ordi nance.
Pcnom DDt 1!0 be tried under tbla 0rdim1DCO for offencee already dll posC'd or.

128.

(1) Where a person subject to military law under this Ordi nance - (a) has been tried for an offence by a competent civil court or a court-martial under service law; or has had an offence committed by him taken into consideration by any such court in sentencing him; or A,D, 1966.]

DEFENCE [No.
DEFENCE [No.

1.4 145 (b) has been charged with an offence under service law, and has had the charge dismissed, or has been found guilty on the charge, by his commanding officer or an appro priate superior authority; or ( c) has had an offence condoned by his commanding officer, he shall not be liable illl respect of that offence to be tried by court-martial or to have the case dealt with summarily by his commanding officer or an appropriate superior authority.
( 2) For the purposes of this section - (a) a person shall not be deemed to have been tried by a court-martial if confirmation is withheld of a findiing by the court-martial that he is guilty of the offence; (b) a person shall not be deemed to have had an offence taken into consideration by a court-martial in sellltencing him if confirmation of the sentence of the court-martial is withheld or the sentence is quashed; (c) a case shall be deemed to have been dealt with sum marily by the commandianig officer or an appropriate superior authority notwithstanding that the finding of that officer or authority has been quashed, or the award of that officer or authority quashed or varied, on the review thereof; (d) an offence shall be deemed to have been condoned by the commanding officer of a person alleged to have com mitted the offence if, and only if, that officer or any officer authorised by him to act in relation to the alleged offence has with knowledge of all relevant circumstamces informed him that he will not be charged therewith; ( e) a person ordered under subsection ( 2) of section 64 or the corresponding provisions of any service law, to be imprisoned or to undergo detention for an offence against that section or provi$ion shall be deemed to have been tried by court-martial for the offence.
(3) Subject to the provisions of subsection (2) of section 144, where confirmation of a finding of guilty of an offence is withheld the accused shall not 'be tried again by court-martial for that offence unless the order convening than the later court-martial is twenty-eight days after the promulgation of the decision to withhold con firmation.
issued not later (4) Save as provided in the foreigoing provisions of this section, proceedings for an offence against this Ordinance (whether before a commanding officer or appropriate superior authority or before a court martial) shall not be barred on the ground of condonation.

Inquiries 129.

(1) Subject to and in accordance with the provisions of rules Boards of made ooder this Part (hereinafter referred to as Board of Inquiry Rules), Inquiry.
the Defence Board or any officer empowered by or under such rules so 146 No.

24] THE LAWS OF BRITISH GUIANA [A.O.
1966 to do, may convene a board of inquiry to investigate and report on the facts relating to - (a) the absence of any person subject to military law under this Ordinance; or (b) the capture of any such person by the enemy; or ( c) the death of any person where an inquiry into the death is not required to be held by any civil authority; or (d) any other matter of a class specified in such rules or referred to such a board by the Defence Board or an}' such officer as aforesaid', and a board of inquiry shall, if directed so to do, exprers their opinion on any question arising out of a;ny matters referred to the board.
( 2) A board of inquiry shall consist of such number of per sons as may be provided for by Board of Inquiry Rules who shall be persons subject to service law and the president of a board of inquiry shall be an officer not below the rank of lieutenant or corresponding rank.
(3) Evidence given before a board of inquiry shall not be ad missible against any person in proceedings before a court-martial, com manding officer or appropriate superior authority, other than proceed ings for an offence against section 65 or for an offence against section 76 when the correSponding civil offence is perjury.

Inquiries in to absence.

130.


( 1) Where a board of inquiry inquiring into the aibsence of an officer or soldier of the Force reports that he has been absent without leave or other sufficient cause for a period specified in the report, not be ing less than twenty-dne days, a record of the report shall in accordanre with Board of Inquiry Rules be entered in the service books.

Restitul Ion or compen sation for theft, etc.


(2) A record entered in pursuance of subsection (1) of this sec tion shall, unless the absentee subsequently surrenders or is arrested, or the report of the board of inquiry is annulled by the Defence Boa.rd or a subsequent board of inquiry, have the like effect as a conviction by court-martial for desertion.

Miscellaneous ProYiliom 131.


(1) The following provisions shall have effect where a person has been convicted by court-martial of unlawfully obtaining any pro perty, whether by stealing it or receiving it knowing or having reason to believe it to have been stolen, fraudulently misapplying it or otherwise.

(2) If any of the property unlawfully obtained ha$ been found in the possession of the offender, it may be ordered to be delivered or paid to the person appearing to be the owner thereof.
( 3) If there has been found in the possession of the offender any property ( other than money) appearing to have been obtained by him by the conversion or exchange of any of the property unJawfully obtained, the property may be ordered to be delivered to the person appearing to be the owner of the property unlawfully obtained.

A,D.1966.]

DEFENCE [No.
24 147 ( 4) Where money is found in the possession of the offender, then whether or not it appears to have been obtained as aforesaid an order may be made ,that there shall be paid out of that money to the per son appearing to be the owner of the property unlawfully obtained such sum as may be specified in the order as or towairds compen~tion for the loss caused to the said person by the offence, in so far as not otherwise made good under this Ordinance or by the rooovery of the property un lawfully obtained.
(5) Where any of the property unlawfully obtained has been sold or given in pawn to some other person who did not t.heo know it to have been unlawfully obtained, an order roay be made that, subject to the restitution to the owner thereof of the property sold or given as afor~d, there shall be paid to the said other person, out of any money found in the possession of the offender ( whether or not the money appears to be proceeds of the sale or givilng .in pawn), such sum as may be specified in the order as or towards compensation for the Joss caused to him in consequence of the sale or giving in pawn.
( 6) Where any of the property unlawfully obtained has been given in exchange to some other person who did not then know it to have been unlawfully obtained, an order may be made that, subject tx> the re stitution to the owner thereof of the property given as aforesaid, there shall be restored to the said other pe!

'SOl1 the property taken in exchange for the property unlawfully obtained.
(7) An order under this section may be made by the court martial by whom the offender is convicted, by the confirming or by any reviewing authority; and in this section the expression "appear· ing" means appearing to the court, officer or authority m!aldng the order.
(8) An order under this section made by a court-martial shall not have effect until confirmed by the confirming authority; and the provisions of this Part as to the confirmation and review of the pro ceedings of courts-martial shall apply to an order under this section a,s they apply to a sentence.
(9) The operation of any order under this section shall be suspended - (a) in any case, until the expiration of the period pre scribed under Part VI of this Ordinance as the period within which an application for leave to appeal to the the conviction must be Court of Appeal against lodged; and (b) iI such an application is duly lodged, until either the application is finally refused or is withdrawn or the appeal is determined or abandoned, and where the operation of such an order as aforesaid is suspended under this section -- ( c) it shatl not take effect if the conviction is quashed oo appeal; ( d) the Court of Appeal may by order annul or vary the order although the conviction is not quashed; 148 No.
24) THE LAWS OF BRITISH GUIANA [A.O.

1966 (e) such steps shall be taken for the safe custody, during the period during which the operation of the order is suspended, of the property ordered to be restored or handed over or the money to which the order relates as may be provided by rules of court made under Part VI of this Ordinance.

(10) Notwithstanding anything in subsection (9) of this section, an order lllMk1r this section shall not.
so far as it relares to the delivery of property to the person appearing to be the owner thereof, be sus pended if the court or authority making the order directs to the con trary in any case in which, in the opinion of the court or authority, the title to the property is not in dispute.
(11) An order under this sf!Ction shall not bar the right of any person, other than the offender or a person claiming through him, to recover any property delivered or paid in pursuance of such an order 'from the person to whom it is delivered or paid.

Appoinlment ol Judie advocates.

132.

The appointment of a judge advocate to act at any coUit- martial may be made by the Defence Board or by the convening officer.

Pronnl!aa.

don.

133.


Any finding, sentence, determination or other thing re- quired by this Ordinance to be promulgated shall be promulgated either by being communicated to the accused or in such other manner as may be prescribed or as the confirming authority or reviewing authority, as 1he case may be, may direct 134.
(1) The record of the proceedings of a court-martial shall Custody of ~~ a1 or be kept in the custody of the Defence Board for not less than the and rlibt o1 prescnoed period, being a period sufficient to ensure that the rights ~~ 111er': a conferred by subsection (2) and subsection (3) of this section shall be of.

capable of being exercised.


(2) Subject to the provisions of this section, any person tried by a court-mtartial shall be entitled to obtain from the Defence Board on demand at any time within the relevant period and on payment therefor at such rate i'f any as may be prescribed a copy of the record of the proceedinp of the court.
(3) Where a person tried by court-martial dies within the relevant period, his personal representatives or any person who in the opinion of the Defence Board ought to be treated for the purposes of this subsection as his personal representative shall subject to the provisions of this section be entitled to obtain from the Defence Board on demand at any time within the period of twelve months from the death and on payment therefor at the pr~ribed rate a copy of the record of the proceedings of the court.
(4) If, on an application in pursuance of either subsection (2) or subsection ( 3) of ~s section for a copy of the record ot any pro ceedings, the Defence Board certifies that it is requisite far reasons of security that the proceedings or any part thereof should not be dis closed, the applicant shall not be entitled to a copy of the proceedings or part to which the certificate relates.

A.O.

1966.]

DEFENCE (No.
24 149 (5) In this section the expression "the relevant period" in relation to any person tried by court-martial, means the period of five years beginning with the datci of his acquittal, or where he was con victed, of the promulgation of the findings and sentence or, where a finding of guilty was not confirmed, of the promulgation of the with holding of confirmation: Provided that where the proceedings relate to two or more charges and the person tried was acquitted on one or more of the charp and convicted on another or others, the relevant J)driod shall be the period of five years beginning with the date of the promulgation of the finding or findings of guilty and the sentence thereon or o'f the withholding of confirmation of that finding or those findings.
(6) Any reference in this section to the record of the proceed ings of a court-martial includes a reference to the record of the pro ceedings with respect to the confirmation or revision of the findings and sentence of the court-martial.

135.

No action shall lie in respect of anything done by any iadcmn: person in pursuance of a military sentence of imprisonment or deten- o~~.

tion if the doing thereof would have been lawful but for a defect in eic.
any warrant or other instrument made for the purposes o'f that sen- tence.

0 Interpretation of this Part 136.
(1) In this Part - latorpreia don of "the advisory authority" means the authority in accordance Part v. with whose advice the prerogative of mercy is, in relation to persons convicted by courts-martial, required by law to be exercised by the Governor; "civil prison" means a prison in British Guiana in which a person sentenced by a civil court to imprisonment can for the time being be confined; "convening officer", in relation to a court-martial, means the officer convening that court-martial and includes his suc cessor or any person for the time being exercising his or his successor's functions; "military establishment" means a military prison or any other establishment under the conc-ol of the Defence Board where persons may be required to serve military sentences of imprisonment or detention, or a military establishment as defined in section 143 of the Act; "military prison" means separate premises designated by the Defence Board for persons serving military sentences of imprisonment; "prison" means a civil prison or a military prison; "private soldier" includes any soldier who is not a warrant officer or a non-commissioned officer.
150 No.

24] THE LAWS OF BRITISH GUIANA [A.D. 1966 ~;!.

(2) References in this Part to a military sentence of imprison ment are references to a sentence of imprisonment passed by a court martial.

(3) References in this Part to a military sentence of detention are references to a sentence of detention passed by a court-martial or awarded by the offender's commanding officer.

(4) References in this Part to warrant officers do not include references to acting warrant officers.
(5) References in this Part to non-commissioned officers in clude references to acting non-commissioned officers and also to acting warrant officers.

Rules of Procedure, etc.

137.

(1) Subject to .


'the provisions of this section, the Defence Board may make rules (in th.is Ordinance referred to as Rules of Procedure) with respect to the investigation and trial of, and awarding of punishment for, offences cognit.able by caurts-martial, commanding officers and appropriate superior authorities and with respect to the confirmation and revision of findings and sentences of courts-martial.
(2) Without prejudice to the generality of subsection ( 1) of this section, Rules of Procedure may make provision with respect to all or any of the following matters that is to say - (i) the procedure to be observed in the bringing elf.
charges before commanding officers and appropriate S'llperior authorities; (ii) the manner in which charges so brought are to be investi gated, and the taking of evidence (whether orally or in writing, whether or not on oath and whether in full or in summary or abstract form) for the purpose of investiga ting or de.a.ling summarily with such charges or otherwise as a preJiminary to the trial thereof by court-martial, so however that the Rules shall make provision for the appli cation of section 98 in any case where the accused requires that evidence shall be taken on oath; (iii) the addition to, or substitution for, a charge which has been investigated of a new charge for an offence disclosed by evidence taken on the investigation and the treating of the investigation as the investigation of the new charge; (iv) the convening and constitution of ooorts-martial; (v) the sittings, adjournment and dissolution of courts martial; (vi) the procedure to be observed in trials by court-martial; (vii) the representation of the accusied at such trials; (viii) procuring the attendance of witnesses before courts martial and at the taking o'f evidence in pursuance of rules made under paragraph (ii) of this subsection; (ix) applying in relation to proceedings before commanding officers and appropriate superior authorities and other- A-D.
1966.]

DEFENCE [No.

2 151 wise in relation to proceedings prior to trial by court martial all or any of the provisions of sections 104, 105, 106 and 107; (x) empowering a court-martial or the convening officer, in such cases and to such extent as may be prescribed, to amend a charge which is being tried by the court; (xi) empowering a court-martial.
where the particulars proved or admitted at the trial differ from those alleged in the charge, but are sufficient to support a finding of guilty of the like offence as that charged, to make a finding of guilty subject to exceptions or variations specified in the finding if it appears to the court that the difference is not so material as to have prejudiced the accused in his de fence; (xii) the forms of orders and other documents to be made for the purposes of any provision of this Part or the rules relating to the investigation or trial of, or award of punish ment for offences cognizable by courts-martial, command ing officers or appropriate superior authorities or to the confirmation and revision of the findings and sentences of courts-martial.
(3) Rules made by virtue of paragraph (x) of subsection (2) of this section shall secure that the power to amend charges shall not be exercisable in circumstances substantially different from those in which indictments are amendable by the Supreme Court, or otherwise than subject to the like conditions, as nearly as circumstances admit, as those subject to which indictments are so amendable, and shall not be exercisable by a court-martial (otherwise than for the purpose only of correcting a mistake in the name or de11cription of the accused or a clerical error or omission) unless there is a judge advocate present at the trial.
(4) Rules of Procedure may make provision as to the exercise by a judge advocate of his functions at a trial by court-martial, and without prejudice to the generality of the foregoing provision may make provision - (i) as to the effoct of advice or rulings given to the court by a judge ad,·ocate on questions of.
law; (ii) for requiring or authorising the president of a court m.artial, in such cases as may be specified in the Rules, to direct that questions of law shall be determined by a judge advocate in the absence of the president ·and other mem bers of the court and any officers under instruction, and for applying to the judge advocate and his proceedings on any such determination such of the provisions of this Ordi nance relating to the court or its members and the pro ceedings thereof as may be specified in the Rules.
(5) In subsection (4) of this section references to quer.tions of law include references to questions of joinder of charges and as to the trial of pe~ns jointly or separately.

152 No.
152 No.

24] THE LAWS OF BRITISH GUIANA [A.D. 1966 (6) Rules of Prooedure may make provision for determining the cas@s in which and the extent to which courts-martial may, in sen tencing an accused for any offence of which he is convicted, at the request of the accused take into consideration other offences against this Ordinance committed by him.
(7) Where Rules of Procedure make provision for the matter mentioned in subsection ( 6) of this section, they may alc;o make pro vision for conferring on the court talcing one or more offences into consideration, the power to direct the making of such deductions from the offender's pay as the court would have had power to direct if he had been found guilty of the offence or offences taken iJ?,to considera tion as wen as of the offence of which he was in fact found guilty.
(8) Until such time as Rules of Procedure are made under this section, the matters with re.spect to which such Rules may be made shall be governed, with such modifications as shall be necesi;ary for the purpose, by the Rules of Procedure made under sectioos 103, 104 and 105 of the Act.

Imprflllon ment and Detention Reirula tiora.

138.
(1) The Defence Board may make regulations (jn this Ordi nance referred to as Imprisonment and Detention Regulations) with respect to all or any of the following matters, that is to say - (i) the places in which and the establishments or forms of custody (whether military or not) in which persons may be required to serve the whole or any part of military sen tences of imprisonment and detention passed on them un der this Ordinance; (ii) the committal of persons under military sentences of im prisonment or detention to the appropriate ~tablishment or form of custody, their removal from one country or place to another and from one establishment or form of custody to another and tm,ir release on the coming to an end of any term of imprisonment or detention; (iii) the provision, classification, regulation and management of military establishments; (iv) the classification.
treatment, employment, discipline and control of persons serving military sentences of imprison ment or detention in military establishments or otherwise in military custody; (v) the temporary release on compassionate grounds of per sons serving such sentences in such establishments or cus tody as aforesaid, the castes in which, periods for which and conditions subject to which they may be allowed out of any such establishment or custody and the remission of part of any such sentence 'for good conduct and in dustry; (vi) the appointment, powers and duties of inspectors, visitors and governors, and of officers and other members of the staff, of military establishments.
(2) Until such time as Imprisonment and Detention Regula tions are made under this section, the matters with respect to which A-D.

1966.]

DEFENCE [No.


24 153 such Regulations may be made shall be governed, with such modifica tions as shall be necessary for the purpose, by the Imprisonment and Detention Rules made under sections 122 and 123 of the Act: Provided that reference in the last-mentioned Regulations to any Secretary of State shall be construed as a reference to the Defence Board unless it is requisite for the purposes of this subs¢tion that the reference be otherwise construed pursuant to any such modification as aforesaid.
139.

(1) The Defence Board may make rules (in this Ordinance Board at referred to as Board of Inquiry Rules) widt respect to the convening, ~~,:!~' constitution and procedure of boards of inquiry.
(2) Without prejudice to the generality of subsection (1) of this section, Board of Inquiry Rules may make provision with respect to all or any of the f ollowi.ng matters, that is to say - (i) the rules of evidence to be observed by boards of inquiry and thre taking of evidence before such boards, so how ever that the rules shall provide for the taking of evidence on oath or affirmation except in circumstances such that if the evidence was being taken at a court-martial on oath could be dispensed with; (ii) without prejudice to the provisions of section 130, the making in service books of records of findings of boards of inquiry in such cases as may be provided by the rules.
(3) Boards of Inquiry Rules shall contain provision for secur ing that any witness or other person subject to service law who may be affected by the findings or a board of inquiry shall have an opportunity of being present, and rf'J)resented, at 1lhe sittings of the board or such part thereof as may be speJcified by or under the Rules.

140.

The Defence Board may make regulations with respect tt1aco11._ to all or any of the following matters, that is to say - :~is.
Rc1u1&- (i) the execution of sentenceis of death under this Ordinance, including the manner and place where such executions are to he carried out and the custody, treatment and re moval of persons under sentence of death; (ii) field punishment; (iii) any matter which by this Part is required or authorised to be prescribed or for which regulations may be made; (iv) such incidental and supplementary matters as appear re quisite for any of the purposes set out in seotlions 137, 138 and 139 and in this section.
141.

Nothing in paragraph (iii) or (iv) of section 140 shall be Sccuoo 140 construed to prejudice the powers conferred by section 137, 138 or:/ ~dpr~> 139 upon the Defence Board, which may, in the exercise of such Judice powera powers, prescribe or provide for matters notwithstanding that regola- f1::r 1T, tions with respect thereto may be made under paragraph (iii) or (iv) m ud '139.

of section 140.

154 No.

24] THE LAWS OF BRITISH GUIANA [A.D. 1966 Riaht o!

Al,pell1.
Al,pell1.

l'lllooedure tor applyi1111 leave for 'II> appeal or lodalnl: IIC)pelll.

Part VI - Appeals from cm,rts-martial 142.

(I) Subject to the following provisions of this Part, a person convicted by a court-martial may, with the le.ave of the Court of Appeal, appeal to that Court against his conviotioo, except in the case of a conviction involving sentence of death.
(2) An appeal to the Court of Appeal shall lie as of right without leave from any conviction of a court-martial involving a sen tenoe of death.

143.

(1) Leave to appeal to the Court of Appeal shall not be given except in pursuance of an application in that behalf made by or on behalf of the appellant, and lodged.
subject to subsection (4) of this section within twenty-eight days of the date of promulgation of the finding of the court-martial in respect of which the appeal is brought, with the RegEtrar of the Court of Appeal, being an application in the prescribed form and specifying the grounds on which leave to appeal is sought and such other particulars, if any, as may be prescn'bed.
(2) An appeal against a conviction involving a sentence of death shall not be entelrtained by lthe Court of Appeal unless the ap peal is, within fourteen days o'f.

the da~ of promulgation of the finding of the court-martial in respect of which the appeal is brought, lodged with the Registrar of the Court of Appeal, in the prmcribed manner, by or on behalf of the pelrson convicted.
(3) Rules of court may provide that, in such circumstances as may be specified in the said rules, any such application or appeal which is lodged with such per.son (other than the Registrar) as is speci fied in the said rulds shall be treated, for the oorr,oses of subsections ( 1) and (2), as having been lodged with the Regist:rar.

(4) The Court of Appeal may extend the period within which an application for leave to appeal is required to be lodged, whether that period has expired or not.
(5) Where the Court of Appeal dismisses an application for l~ve to appeal it may, if it considers the application to have been frivolous or vexatious, order that any sentence passed upon the appli cant in the proceedings from which it was sought to bring the appeal shall begin to run from the day on which the Court dismisses the application.

Delnmln.. lion of appeals ordinary caees.

In 144.
(1) Subject to the provisions of section 145, on an appeal un der this Part against a conviction, the Court of Appeal shall allow the appeal if it thinkls that the finding of the court-martial is unreasonable' or cannot be supported having regard to the evidence or involves a wrong decision on a question of law or that, on any ground, th«e was a miscarriage of justice, and in any other case shall dismiss the appeal: \ Provided that the Court may, notwithstanding that it is of the opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no substantial miscarriage of justice has actually occurred.
A.D.1966.]

DEFENCE [No.

24 155 (2) If the Court of Appeal allows an appeal under th.is Part it shall either quash the conviction or direct that the finding of the court-martial shall be treated as if confirmation thereof had been with held and, in the latter event, notwithstanding subsection (3) of section 128, a new trial by court-martial may be held within such time as the Coun may order.

145.
145.

(1) If it appears to the Court of Appeal that an appellant, ~owen or• though not properly convicted on some charge preferred against him A~;~a1 1n before the court-martial by which he was tried, was properly convict- ~dnt cn,es.
ed on some other charge so preferred, then, if the sentence passed by the court-martial on tha appellant was not one that could lawfully be passed by the court-martial for the offence of which he was convicted on the other charge the Coun shall pass on the appellant, in substitu- tion for thq sentence p~sed on him by the court-martial, such sentence as it thinks proper.
being a sentence which might lawfully be passed in respect of the charge on which the appellant was properly convicted, but not being a sentence of greater severity.
(2) Where an appellant has been convicted of an offence and the court-martial by which he was tried could lawfully have found him guilty of some other offence, and it appears to the Court of Appeal that the court-martial must have been satisfied of facts which proved him guilty of that other offence, the Court may, instead of allowing or dEmissing the appeal, substitute for the finding of the court-martial a finding of guilty of.
the other offence and pass on the appellant, in substitution for the sentence passed on him by the court-martial, such sentence as it thinks proper, be.ing a sentence which could lawfully have been passed for that other offence but not being a sentence of greater severity.
(3) Where - (a) an appellant has been convicted of an offence committed under circumstances involving the higher of two degrees of punishment, and it appears to the Court of Appeal that the court-martial by which he was tried ought to have found him guilty of the offence as being com mitted under circumstances involving the lower degree of punishment; or (b) an appellant has been convicted of an offence and it appears to the Court of Appeal that the court-martial by which he was tried ought to have found him guilty of the offence subject.
to exceptions or variations, thei Court may, instead of allowing or dismissing the ap~al, substitute for the finding of the court-martial a finding of guilty of the offence as being committed under circumstances involving the lower degree of punishment or, as the case may be, guilty of the offence subject to exceptions or variations, and pass on the appellant, in substitution for the sentence passed on him by the court-martial, such sentence as it thinks proper, being a sentence which could lawfully have been passed for the offence specified or involved in the substituted finding, but not being a sentence of greater severity.
156 No.
24] THE LAWS OE BRITISH GUIANA [A.D. 1966 (4) If, on an appeal, it appears to the Court of Appeal that, although the appellant was guilty of the act charged against him, he was insana at the time the act was done, so as not to be responsible according to law for his actions, the Court may quash the sentence passed at the trial and order the appellant to be kept in custody under the provisions of seodion 117 in like manner as on a special finding of insanity by the court-martial by which the appellant was convicted.
Commence ment ot sentence.

Appeals to be fina,1, Proceedlna, may be heard absence of appellants.

in 146.
in 146.

The term of any sentence passed by the Court of Appeal, under any of thei provisions of section 145 shall, unless the Court otherwise directs, begin to run from the time from which it would have begun to run if it had been passed in the proceedings 'from which the appeal is brought, and a sentence paMed by 1he Court of Appeal shall be deemed for the purposes of this Ordinance to be a sentence pessed by the court-martial, being a sentence that has been confirmed.

147.
147.

Save as otherwise provided by any law governing appeals to Her Maj~ty in Council from judgements of the Court of Appeal, no appeal shall lie from the Coun to any other court and any determina tion by the Court of any apf)Qal or other matter which it has power to determine under the provisions of this Part shall be final.

148.
148.

An appellant shall not be entitled to be present at the hearing of an appeal to the Court of Appeal under this Part or at any proceedings preliminary or incidental to such an appeal except where rules of court provide that hei shall have the right to be present or the Court gives him leave to be present, and according]y any power of the Court under this Part to pass a sentence may be exercised notwithstand ing the absence of the appellant.

Defence of appeals.

149.


It shall be the duty of the Director of Public Prosecutions on an appeal against conviction by a court-martial to undertake the defence of the appeal.

Ri11h1 of ='.

!nthi~0 case i 111. in writ Suapcnsion of death sentence.

150.

An appellant may ii he so desires, instead of presenting his case orally, present it in writing in the prescribed form.

151.
Where a conviction by court-martial involves sentence of death -- (a) the sentence shall not in any case be executed until the ex piration of the period mentioned in subsection (2) of section 143 within which an appeal to the Court of Appeal against the conviction shall be lodged; (b) if such an appeal is duly lodged, the sentence shall not be executed until the appeal is determined or abandoned; and (c) if an application for leave to appeal to Her Majesty in Council is duly made, the sentence shall not be executed until the ap plication is finally refused or is withdrawn or the appeal to Her Majesty in Council is determined or abandoned.
A.D.1966.]

DEFENCE [No.

'.24 157 152.

Where the conviction of a person by a court-martial for Pel"IOn ~ot an offence has been quashed under this Part, he shall not be liable to :a~e :i:~e be tried again for this offence by a court-martial or by any other court.

convbictdion quas e .

153.


Imprisonment and Detention Regulations may provide R~l)lOvait or in what mannctr an appellant, when in custody, is to be taken to, kept t~;;oses in custody at, and brought back from any place at which he is entitled ir tis to be present for the purposes of this Part or any place to which the ar • Court of Appeal or a judge thereof may order him to be taken for the purpose of any proceedings of the Court.

154.
154.

In the case of every appeal, or application for leave to Furnishing, appeal, under this Part to the Court of Appeal against a conviction ~r :'f;!~nts by court-martial, it shall be the duty of the Secretary of the Defence r~atin11 Board to furnish to the Registrar of the Court of Appeal in accordance triwt.
with rules of court, the proceedings of the court-martial (including any procetedings with respect to the revision of the findings or sentence of the court-martial in pursuance of subsection (1) of section 110), the proceedings with respect to the confirmation of the findings and sen- tence of the court-martial and any petition presented by the person convicted.

to 155.
to 155.

Nothing in this Part shall affect the exercise by reviewing sa,vin11 or, authorities of the powers conferred by section 114 in respect of a con- ~=: ~u-re viction of a court-martial so far as regards the exercise thereof at a llborities.

time before the lodging with the Registrar of the Court of Appeal of an appeal or an application for leave to appeal to the Court against the conviction and nothing in this Part shall affect the exercise by the Governor of the prerogative of mercy.

156.
156.

In relation to appeals under this Part, the Court of supptemen- Appeal shall have and may exercise the like powers with respect to - (a) legal assistance to an appellant; (b) the obtaining and production of documents; and (c) the receiving and examination of further evidence; and (d) the issue of warrants necessary for enforcing its O!

'ders and sentences, :1'Ylb~~rt of Appeal.

as are exercisable by the Court in relation to criminal appeals.

court.

157.
court.

157.

In this Part, "prescn'bed" means prescribed by rules of interpreta tion ot P&1'1 VI.

PART VII-Forfeitures and Deductions 158.

(1) No forfeiture of the pay of an officer or soldier of the Forlfeirurea Force shall be imposed unless authorised by this Ordinance, other :'!a~ service law or some other enactment and no deduotion from such pay era1 'provl- shall be made unless so authorised or authorised by regulations.

,tons.
,tons.

(2) Regulations shall not authorise the making of any penal deduction, that is to say, a deduction to be made by reason of the 158 No.

24) TllE LAWS OF BRITISH GUIANA (A.D. 1!>66 commission of any offence or other wrongful act or in consequence of any neg]igence.
(3) The foregoing provisions of this section shall not prevent the making of regulations providing for the imposition of any forfeiture authorised by this Ordinance or the making of any deduction so authorisied, or for the time at which and manner in which sums may be deducted from pay to give effect to authorised deductions or the manner in which amounts may be so deducted in order to recover any fine imposed in pursuance of this Ordinance, or as to the appropriation of any such sum or amount when deducted, or of providing for the determination of questions relating to forfeitures or deductions.
(4) Notwithstanding any deduction from the pay of an officer or soldier of the Force he shall (subject to any forfeiture) remain in receipt of pay at not less than such minimum rate as may be pre scribed.

(5) Notwithstanding that forfeiture of pay of an officer or soldier of tho Force for any period has been ordered in pursuance of this Ordinance, he may remain in receipt of pay at such a minimum rate as aforesaid, but the amount received for that period may be J:ecovered from him by deduction from pay.
(6) Any amow1t authorised to be deducted from the pay of an offi.c~r or soldier of the Force may be deducted from any balance (whetheir or not representing pay) which may he due to him as an officer or soldier and references in this Ordinance to the making of deductions from pay shall be construed accordingly and the whole or any part of any sum forf~ited from an offender's pay may be recovered by deduction from any such balance.

159.
(1) The pay ot an officer or soldier of the Force may be forfeited - (a) for any day o'i absence in such circumstances as to constitute an offence under section 47 or section 48 or, if his commanding officer so directs, of other absence without leave; (b) for any day of imprisonment, detention or field pun ishment awarded under service law by a court-martial or commanding officer, or of imprisonment or deten tion of any description to which he is liable in con sequence of an order or sentence of a civil court; (c) where he is found guilty (whether by court-martial under service law, an appropriate superior authority or his commanding officer) of an offence under service law, for any day (whether before or after he is found guilty) on which he is in hospital on account of sick ness or injury certified by the proper medical officer to have been occasioned by the offence.
(2) The pay of an officer or soldier of the Force may be forfeited for any day of abt.ence by reason of his having been made a prisoner of war if the Chief of Staff or an officer authorised by regulations is satisfied - ForfeJturc of pay for al> sence from duty.

A-D.

1966.]

DEFENCE [No.
24 159 (a) that be was made a prisoner of war through dis obedience of orders or wilful neglect of ·his duty; or (b) that having been made a prisoner of war he failed to take any reasonable steps available to him to re join the Force; or (c) that having been made a prisoner of war ho served with or aided the enemy in the prosecution of hostili ties or measures calculated to influence morale or in any other manner whatsoever not authorised by inter national usage, but subject to the foregoing provisions of this subsection, nothing in paragraph (a) of subsection (1) of this section shall apply to ah;ence by reason of having been made a prisoner of war.
(3) Regulations may make provision as to the computation of time for the purposes of this section and in particular as to the count ing or disregarding of parts of days.

160.
Where a person sentenced or ordered by a civil court ped~on• (whether within or without the Commonwealth) to pay a sum by way r::!atP or of fine, penalty, damages, compensation or costs in consequence of :C.~ pcu.al being charged before the court with an offence is at the time of the sentence or order, or subsequently becomes an officer or soldier of the Force, then if the whole or any part of that sum is met ~ a payment made by or on behalf of any military authority, the amount of the payment may be deducted from his pay.
161.

(1) Without prejudice to the provisions of this Ordinance ~~pe:'a as to the imposition of stoppages as a punishment, the following 1!!

CX::.

provisions shall have effect where, after such investigation as may 110~1 be prescribed by regulations, it appears to an officer authorised by ::' or neall regulations (in this section and in sections 163.

164 and 165 referred 1ence.


to as ~'the authorised officer") that any loss of, or damage to, public or service property has been occasioned by any wrongful act or negligence of an officer or soldier of the Force (hereinafter referred to as "the person responsible").
(2) The authorised officer, may order the person responsible to p~y as or towards compensation for the loss or damage, such sum as may be specified in the order, and any such sum, in so far as not otherwise paid by the person responsible, may be deducted from his pay.
(3) No order shall be made under the provisions of subsection (2) of this section :f, in proceedings before a court-martial under service law, an appropriate superior authority or a commanding officer, the person responsible - (a) has been acquitted in circumstances involving a finding that he was not guilty of the wrongful act or negli gence in question; or (b) has been awarded stoppages in respect of the same loss or damage, 160 No.

24] THE LAWS OF BRJTISH GUIANA [A.O.


1966 Deductions tor barrack damaae.

Review of orders and l"eltlaltiion.

of totfc.,i~ and ded!K, tiom.

En!oroe!Dellll of maifflllm.

ar.ce an.d a,ffiliatioo orders by deduotit>n from pay.

~JUt save as aforesaid, the fact that such proceedings have been brought m respect of the wrongful act or negligence in question shall not pre vent the making of an order or deductions under subsection (2) of this section.

162.
162.

(1) When damage occurs to any premises in which one or m-0re units or parts of such units of the Force are quartered or billeted, or any fixtures, furniture or effects in or belonging to such premises are damaged or lost.
and it appears on investigation in accordance that the damage or loss was with the provisions of regulations occasioned by the wrongful act or negligence of persons belonging to any of the units or parts of units in occupation thereof, but that the said persons cannot be identified, any person belonging to any of such units or parts of units may be required to contribute towards compensation for the damage or loss such amount as may in accord ance with regulations be determined to he just, and the amount may be deducted from his pay.
(2) The provisions of subsection (1) of this section shall extend to vessels, trains, motor vehicles and aircraft in which units or parts of units are being transported or 11re otherwise serving and reference ro premises, quartering and occupation shall be construed accordingly.

163.
163.

(1) Any officer or soldier of the Force against whom an order has been made by the authorised officer under section 161, 164 or 165 may, in accordance with regulations to be prescribed, apply to a board of officers for a further examination of the cac:e: and th11t boord shall consider the case, and thereafter may, in relation thereto, if it thinks fit, give directions to the authorised officer; and tho authorised officer shall give effect to such directions.
(2) Any forfeiture or deduction imposed under the provisions of sections 159, 160, 161 or 162 or under regulations may be remitted by the Defence Board or in such manner and by such authority as may be provided by such regulations.

164.
(1) Where any court in British Guiana has made an order against any person (in this section referred to as "the defendant''} for the payment of any periodical or other sums specified in the order for or in respect of - (a) the maintenance of his wife or child; or (b) any costs incurred in obtaining the order; or ( c) any costs incurred in proceedings on appeal against, or for the variation, revocation or revival o'f, any such order, and the defendant is an officer or soldier of the Force thm (whether or not he was an officer or soldier when the said or.der was made) the authorised otftcer may order such sum to be deducted from the pay of the defendant and appropriated in or towards satisfaction of the payment due under the order of the court as the authorised officer may thiuk fit.
A,D.

1966.]

DEFENCE [No.

24 161 (2) Where to the knowledge of the court making any such order a.s aforesaid, or any order varying, revoking or reviving any such order, the defendant is an officer or soklier of the Force the court shall send a copy of the order to the Defence Board.
(3) Where such an order as is mentioned in subsectfon (1) of this section has been made by a court of a Commonwealth country outside British Guiana, and the authorised officer is satisfied that the defendant has had a reasonable opportunity of appearing in person, or has appeared by a duly authorised legal representative, to defend the case before the court by which the order was made, the authorised officer shall have the like power under subsection (1) of this section as if the order had been made by such a court as is mentioned in that subsection: Provided that this subsection shall not apply to an order adjudging a man to be the father of an illegitimate child, and ordering him to pay a sum of money for or in respect of the maintenance of that child or any order varying or reviving such an order, or any order for the payment of costs incurred in obtaining such an order or in proceedings on appeal against, or for the variation, revocation or revival of, such an order.
(4) The authorised officer may by order vary or revoke any order previously made under this section, and may treat any order made under this section as being in suspense at any time while the person against whom the order was made is absent as mentioned in paragraph (a) of subsection (1) of section 159.
(5) (a) In this section - references to an order made by a court in British Gui ana include references to an order registered in or con firmed by such a court under the provisions of any law which makes provision for the enforcement in British Guiana of maintenance orders made outside British Guiana; references to a wife or child include, in re lation to an order made in proceedings in connection with the dissolution or annulment of a marriage, refer ences to a person who would have been the wife or child of the defendant if the marriage had subsisted; references to a child of a person include references to a child of his wife, and to an illegitimate or adopted child of that person or o'C his wife, and in th.is para graph ''adopted child" means a child adopted (whether alone or jointly) in pursuance of an adoption order made under the Adoption of Children Ordinance, No.
12 o1 1955.

1955, (b) For the purposes of this subsection the expression "maintenance order" means an order other than an order of affiliation for the periodical payment of sums of money towards the maintenance of the wife or other dependants of the person against whom the order is made, and the expression "dependants" means such persons as that person is, according to the law in 162 No.

24] THE LAWS OF BRITISH GUIANA [A.D. 1966 Doauctlons from pay for m&ID tenance of wlfo ar child.
Llm1t or deductiom uoder aec tio11& 164 and 165 and effect on t'or!ahuro.

force in that part of the Commonwealth in which the maintenance order was made, liable to maintain.

165.
165.

(l) Where the authorised officer is satisfied that an officer or soldier of the Force is neglecting, without reasonable cause, to main tain his wife or any child of his under the age of sixteen, the authorised officer may order such sum to be deducted from his pay and appro priated towards the maintenance o'f his wife or child as the authorised officer thinks fit.
(2) On an application made to the authorised officer for an vrder under subsection (1) of this i;ection the authorised officer, if satisfied that a prima facie case has been made out for the making of such an order, may make an interim order for such deduction and appropriation as is mentioned in the said subsection (1) to take effect pending the further examination of the case.
(3) Where an order is in force under subsection (1) or sub section (3) of section 164 for the making of deductions in favour of any person from the pay of an officer or soldier of the Force, no deduc tions from his pay in favour of the same person shall be ordered under the foregoing provi,ions of this section unless the officer or soldier is in a place where process cannot be served on him in connection with proceedings for the variation of the order of the court in consequence of which the order under section 164 was made.
(4) The authorised officer may by order vary or revoke any order previously made under this section, and may treat any order made under this section as being in suspetnse at any time while the person against whom the order was made is absent as mentioned in paragraph (a) of subsection (1 ) of section 159.

166.
166.

(1) The sums deducted under sections 164 and 165 shall not together exceed - (a) in the case of an officer, three-sevenths of his pay; (b) in the case of a warrant officer or a non-commissioned officer not below the rank of sergeant or correspond ing rank, two-thirds of his pay; (c) in the case of a soldier below the rank of sergeant or corresponding rank, three-fourths of his pay.
(2) Where any deductions have been ordered under either section 164 or section 165 from a person's pay and (whether before or after the deductions have been ordered) he incurs a forfeiture of pay by or in consequence of the finding or .. entence of a court-martial or the finding or award of an appropriate supe-rior authority or a com manding ctlk.e1, it shall apply only to so much of his pay as remains after the dedu1.tions have been made.
(3) For the purposes of paragraphs (b) and (c) of subsection (1) of this !,ection a person having acting rank shall be treated as of that rank.

Service of process in ·maintei>- ance proceed· inp.

167.

(1) Any process to be served on an officer or soldier of the Force (ion this section referred to as "the de'fendant'') in connection with proceedings for any such order of a court in British Guiana as is mentioned in subsection (1) of section 164, or for the variation, A,D.

1966.]

DEFENCE _ J~o·.~ 24.


~ 163 revocation or revival of such an order, shall be deemed to be duly served on him if served either on him or his commanding officer, and may, without prejudice to any other method of service, be so served by registered post.
.. (2) Where any such process is served in British Guiana and the defendant will be requirQd to appear in person at the hearing, then if his commanding officer certifies to the court by which process was issued that the defendant is under orders {or service out of British Guiana and that in the commanding officer's opinion it would not be possible for the defendant to attend the hearing and return in time to embark for that senice, the service of the process shall be deemed not to have been effected.
Part vm - Government and General Provisio111 Command 168.

(1) Officers and soldiers of the Force shall stand with each OOc*nmaod other in such order of precedence as may be prescribed by the Defepce ;~IIU.

Board.
Board.

(2) An office,: or soldier of any of Her Majesty's Forces raised in any territory outside British Guiana may, with the approval of the Defence Board, be - (a) attached to the Force if the proper military authority in such territory has placed him at the Board's dis posal for that purpose; or (b) seconded to the Force.

169.

The Go-rernor shall appoint an officer, being a member of.
command Her Majesty's forces, in whom the command of the Force shall be at Fort:e. vested and subject to the terms of such appointment such officer shall have the command of that Force.

170.

The Defence Board may make regulations as to the per- Reau1a1:1o119 to com sons, being members of Her Majesty"s farces, in whom command over as any part of the Force or member itbereof is vested and as to the cir- mand.

cmmtances in which such command as aforesaid is to be exercised.

171.
171.

(1) In so far as powers o'f.

command depend on rank.

a mem- Powers of ~~ r s o1 cC>-OPcr&t- Ina forca.

ber of Her Majesty's forces who - • (a) is acting with; or (b) 1s a member of a body of those forces which is acting with, any body of the Force shall have the like such powers as a member of the Force of corresponding rank; and for the purposes of sections 43 and 81 any such member of the .said forces shall be treated as if he were a member of the Force of corresponding rank.
(2) If the whole or any part of the Force is required to act with any other military force, the Governor may place the Force or such part thereof under the command of the officer commanding such other force.

(3) Where any part of the Force is acting in co-operation with any other force the Chief of Staff or the officer commanding that part 164 No.

24] THE LAWS OF BRITISH GUIANA [A.D. 1966 Complafnta by officen.
of the Force may, in agreement with the officer commanding that other force, define the powers of command and the order of precedellee of the officers, warrant oilicers and non-commissioned officers of the Force in relation to the officers, warrant officers and non-commissioned officers of such other force.

Redress of Complaints 172.
(1) If an officer of the Force thinks himself wronged in any matter by a superior officer or authority and on application tt> bis ::ommanding officer does not obtain the redress to which he thinks he 1s entitled, he may make a complaint with respect to dlat matter to the Defence Board (2) On receiving any such complaint it shall be the duty of the Defence Board to investigate the cqmplaint and to grant any redress which appears to it to be neces5ary or, if the complainant so requires, the Defence Board shall make its report on the complaint to the l.iovernor m order to r.::ceive the oirecuons of the Governor.
Comptabrta by 173.

(1) If a soldier of the Force thinks himself wronged in any lddien.

matter by any officer other than his commanding officer or by any soldier, he may make a complaint with respect to that matter to his commanding officer.
( 2) H a soldier of the Force thinks himself wronged in any matter by his commanding officer, either by reason of redress not ~ ing given to his satisfaction on a complaint under subsection ( 1) of this section or for any other reason, he may make a complaint with respect thereto to the Defence Board (3) It shail be lhe duty of a commanding officer or the Defence Board, upon receipt of a complaint undetr this section, to have the complaint investigated and to take any steps for redressing the matter complained of which appear to the officer or Board, as the case may be, to be necessary.
174.

Re111mction Where the commanding officer of a complainant under i~n 7"g!'.

:" section 172 or subsection (2) of section 173 is a member of the Defence re~ ~ lioaro, such officer shall not si.t on the Board when it is dealing with ,:-U~t1 th the complaint under subsection (2) of section 172 or subsection (3) of section 173, as the case may be.

Exemptions for officers and soldiers Exemptions from jury service.

Exemptions from tolls, etc.

175.


An officer or soldier of the Force shall be exempt from serving on any jury.

176.

(1) Duties, tolls or dues for embarking from or disembarking on any pier, wharf, quay or landing place, or for passing over any road, ferry or bridge, belonging to the Government or under its control shall not be payable in respect o'f - (b) vehicles in military service; (a) members of Her Majesty's forces on duty; (c) goods carried in such vehicles; (d) animals in military service.

A-t>.
A-t>.

1966.1 DEFENCE.

[No.

24 16S (2) In subsection (1) of this section the expression "in military service" means employed under proper military authority for the purposes of any body of Her Majesty's forces or accomi'anying any body of Her Majesty's forces.

177.

(1) No judgment, decree or order given or made against an ofncer or soidter of cne 1:-orce by auy court ID .Br~.tJSh Guiana shall be enforced by the levying of exdcution on any service property, nor sliall any distress be made thereon.
BxelllpfiOII fr om t1oa.

exec11- (2) No member o'f Her Majesty's Forces raised in any terri tory outside British Guiana shall be taken out of service, nor shall execuuon iss11e agau1:,,t his person, by virtue of any ordqr or judgment Qf a court in civil proceedings if such taking out of service or execu tion is contrary to any agreement between the Government and the government of that territory pursuant to which such member is in British Guiana.
Provisions relating to deserters and absentees without leave 178.

(1) Any policeman may arrest without a warrant any person ::ee::e,:' whom he has reasonable cause to suspect of beiing an Olffi.cer or l!oldier and ab\eolien of the Force who has deserted or is absent without leave.

w,thour leave.

(2) Where no policeman is available any officer or soldier of the Force or any other person may arrest without a warrant any person whom he has rea1.onable cause to suspect as aforesaid.
(3) Any person in British Guiana having authority to issue a warrant for the arrest of a person charged with crime, if satisfied by evidence on oath that there is, or is reasonably suspected of being, within his jurisdiction an officer or soldier of the Force who mis de serted or is absent without leave or is reasonably ~uspected of having deserted or of being absent without leave, may issue a warrant authoris ing his arrest.
(4) Any person in custody in pursuance of this section shall as soon as practicable be brought before a magistrate's court.

179.

(1) Where a person who is brought before a magistrate's court Proceedillll is alleged to be an oHicer or soldi~ of the Force who has deserted or ~~~e wte~vll is absent without leave, the following prov-.sions shall have effect.
~ .. =:~· 0 ilesat..,.. (2) (a) ll be admits that he is illegally absent from the Force senc:e. and the magistrate is satisfied of the truth of the admission, then - (i) unless he is in custody for some other cause the magis- trate shall; and (ii) notwithstanding that he is in custody for some other cause the magistrate may, 166 No.
241 THE LAWS OF BRJTISH GUIANA [A.D. 1966 forthwith either cause him to be delivered into military custody in such manner as the magistrate may think fit or commit him to some prison, police station or other place provided for the coinfinement of persons in custody, to bei kept there for such reasonable time as the magistrate may specify (not exceeding such time ~ appears to the magistrate reasonably necessary for the purpose of enabling him to be delivered into m.llitary custud) ) or until sooner delivered into such custody.
(b) Any time specified by the magistrate may be extend ed by the magistrate from time to time if it appears to the magistrate reasonably necessary so -to do for the purpose aforesaid.
(3) If he does not admit that he is illegally absent as afore said, or the magistrate is not satisfied of the truth c:,t. the admission, the magistrate snail consider the evidence and any statement of the accuseo, and if satisfied that he is subject to military law under this Ordinance and if of opinion that there is sufucient evjdence to justify his being tried under this Ordinance for an offence of desertion or absence without leave.
then, unless he is in custody for some Qther cause, the magistrate shall cause him to bQ delivered into military custody or commit him as aforesaid, but otherwise shall discharge him: Provided that if he is in custody for some other cause the magis trate shall have power, but shall nqt be required, to act in accordance.

with this 11ubsection.


(4) The provisions of law for the time being in force relating to the procedure for the holding of preliminary inquiries by magistrates, anc1 cunteuing powers of ac1Journment and remand on magistrares so acting, and with respect to evidence and the issue and enforcmnent of summonses or warrants to secure the attendance of witnesses, shall, mutatis mutandis, apply to proceedings under this section.

180.
180.

(1) Where a person surrenders himself to a policeman as bemg illegally absent trom the Force, the policeman shall (unless he .surrenders hiimelf at a police station) bring him to a police station.
(2) The policeman in charge of a police station at which a perso~ has surrendered ~elf as aforesaid, or to which a person who has so surrendered himself is brought, shall forthwith inquire into the case, and if it appears to that policeman that the said person is illegally absent as aforesaid he may cause him to be delivered into military custody without bringing him before a magistrate's court or may bring him before such a court.

Deserters and ~bsentees without leave surrenderlna .t><>llce.
10 cer1lfleatt1 ~!r:::~:~ "~r deals with a penson as illegally absent, then when that person is de 181.

(1) Where a magistrate's court in pursuance of section 179 livered into military custody thelre shall be banded over a certificate in domters and abaen teell.

the prescribed form, signed by the magistrate, containing the prescribed particulars as to his arrest or surrender and the proceedings before the court.

A.D.

1966.]

DEFENCE [No.


24 167 (2) Where a policeman lawfully causes a person to be deli vered into military custocly without being brought before a magistrate's court, there shall be handed over a certificate in the prdscribed form, signed by the policeman and containing the prcscribad particulars re lating to his surrender.

(3) 1n any proceedings for an offence under section 47 or !
;ection 48 - (a) a document purporting to be a certificate under either subsection (1) or subsection (2) of this section.
or un der the corresponding provisions of any service law (other than this Ordinance) and to be ,;igned as there by required, shall be evidence of the matters stated in the document; (b) where the proceedings are against a person who has been taken into military custody on arrest or surren der, a certificate in the prescn'bed form purportine: to be signed by a provost officer or any corresoondin!!
officer of a force raised under the law of a countrv in the Commonwealth, or bv any other officer in charl!e of the J?l)ardroom or other place where that oerson was confined on being taken into custody, statine the fact.

date.

time and place of arrest or surrender !

':hall be evidence of the matters stated in the certific~te.

182.

(1) rt shall be the duty o'f the superintendent or other nerson in char!

?e of a civil Prison to receive any person du lv committ!
",d to that prison by a malrlstrate as illree:allv absent and to detain him until in accordance with the directions of the magistrate he is delivered into military custody.

Duties of ws,e r in len denllo of pr150111 and others t.o re ceive deaer• ien and •hfic:ntNI.

(2) Subsection (l) of this section shall aoplv to the person having charge of any oolice station or other place ( ncit being a prison) provided for the confinement of persons in custody, as it applies to the superintendent of a prison.
Offences relating to military matters punishable by cml conrft9 183.

Any person who falsely represents himself tOf anv military or civil authority to be a deserter from the Force shall be liable on summary conviction to a fine not exceeding two hundred and fifty dollars or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

Punishment flor prelend illa to be • deaertor.

184.
184.

Any person who - (a) procures or persuades any officer or soldier of the Force to desert or to absent himself without leave; (b) knowing that any such officer or soldier is about to desert or absent himself without leave, assists him in so doing; or Pun iShmOllt for procurina and aaistlns desertion.

168 No.

24] THE LAWS OF BRITISH GUIANA [A.O.
1966 (c) knowing any person to be a deserter or absentee with out lea,·e from the Force, conceals him or assists him in concealing himself or assists in his rescue from custody, shall be guilty of an offence and shall be liable on summary conviction to a fine not exc~ding two hundred and fifty dollars or to imprison ment for a term not exceeding three months, or to both such fine and such imprisonment, or on conviction on indictment to a fine not ex ceeding two thousand five hundred dollars or to imprisonment for a term not exceeding two years or to both such fine and such imprison ment.
Punishment for obstruct• Ina offlccm or sokllcl'I in execution of duty.

185.

Any person who wilfully obstructs or otherwise interferes with any oOicer or soldier of the Force acting in the execution of his duty shall be liable on sum.mary conviction to a fine nat exceeding two hundred and fifty dollars or to imprisonment for a term not ex ceeding three months or to both such fine and such imprisonment.

Punishment for aidina mliLin1eri1111.

186.
Any person who - (a) produces in an officer or soldier of the Force any sickness or disability; or (b) supplies to or for him any drug or preparation cal culated or likely to render him, or lead to the belief that he is permanently or tempararily unfit for service, with a view to enabling him to avoid military service, whether per manently or temporarily, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment, or on conviction on indict ment to a fine not exceeding two thougand five hundred dollars or to imprisonment for a term not eixceeding two years or to both such fine and such imprisonment.
un1aw1u1 pur- chase.

etc.

of militl'l'J ,10rai.

187.

(1) Any person who acquires any military stores or solicits or procures aav person to dispose of any military stores.
or acts for any person in the disposing of any military stores, shall bet guilty of an offence, unless he prov~ either - J (a) that he did not know, and could not reasonably be expected to know, that the chattels in question were military stores: or (b) that those chattels had (by the transaction with which he is charged or some earlier transaction) been dis posed of by order or with thei consent of some persoo or authority who had, or whom he had reasonable cause to believe to have, power to give the order or consent; or (c) that those chattels had become the property of an officer of t!he Force who had retired or ceased to be AD.
1966.]

DEFENCE [No.
24 169 such an officer, or of a soldier of the Force who had been discharged, or of the personal representatives of a person who had died, ~ and shall be liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment, or on conviction on indictment to a fine not axceeding two thousand five hundred dollars or imprisonment for a term not exceeding two years or to both such fine and such imprisonment.
(2) A policeman may arrest without warrant any person whom he has reasonable grounds for suspecting of having committed an offence against this section, and may seize any property which he has reasonable grounds for suspecting of having been the subject of the offence.

(3) Any person having authority to issue a warrant for the arrest d/.
a person charged with crime may, if satisfied by evidencie on oath that a person within his jurisdiction has, or is reasonably suspect ed of having, in his possession any property which has been the subject of an offence against th.is sqction, grant a warrant to search for such property as in the case of stolen goods; and any property suspected of having been the subject of such an offonce which is found on such a search shall be seized by the person charged with the execution of the warnmt who, shall bring the person in whose possession or keeping the property is found before a magistrate's court.
(4) In this section - "acquire" means buy, take in evrchange, take in pawn or other wise receive (whether apart from this section the receiving is lawful or not); "dispose" means sell, give in exchange.
pledge or otherwise band over (whether apart from this secti.on the handing over is law fUl or not); "military stores" means any chattel of any description belonging to the Gover;°Jntmt, .which has been issued for use for military purposes or 1s held m store for the purpose of being so ~sued when required, and includes any chattel which had belonged, and had been issued or held, as aforesaid at some past time.
(5) Fo~ the purposes of subsection (3) property shall be deemed to be m the possession of a person if he has it under his con trol, and whether he has it for his own use or benefit or for the use or benefit of another.

188.

(1) Any person who - (a) as a pledge or a security for a debt; or (b) bt • • 'th ' w1 .

a view to o ammg payment from the person pens10ns, entitled thereto of a debt due either to himself or u, U:0 any other person, ~ 111e11a1 deal· lnp in dncu- !DCnts ~ IDI to pay, 170 No.
24] THE LAWS OF BRITISH GUIANA [A.O.

1966 Unauthori sed USO of a.nd dealina in deeoratlom, etc.

receives, detains or has in his possession any official document issued in connection with the payment to any person of any pay, pension, al lowance, gratuity or other payment payable in respect of his or any other person's service in Her Majesty's forces shall be guilty of an ~ offence against this section.
(2) Any person who has in his possession without lawful authority or excuse (the proo'f whereof shall lie on him) any such docu ment as aforesaid or any official document issued in connection with the mobilizatwn or demobilization of any of Her Majesty's forces or any member theroof, shall be guilty of an offence against this section.
(3) Any person guilty of an offence against this section shall be liable on summary conviction to a fine not exceeding fivei hundred dollars or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

( 4) For the purposes of this section a document shall be deemed to be in the possession of a person if he has it under his con trol and whether he has it for his own use or benefit or for the use or benefit of another.

189.
(1) Any person who - (a) being a person who is not serving in Her Majesty's forces, without authority wears in a public place the uniform of any of thooe forces or any dress having the appearance or bearing any of the regimental or other distinctive marks of any such uniform; or (b) without authority uses or wears any military decora tion, or any badge, wound stripe or emblem supplied or authorised by the Defence Board or by the Govern ment of the United Kingdom; or ( c) uses or wears any decoration, badge, wound stripe, or emblem so niearly resembling any decoration, badge, stripe or emblem mentioned in paragraph (b), as to be calculated to deceive; or ( d) falsely represents himself to be a person who is or has been entitled to use or wear anv such decoration, badge, stripe or emblem as is mentioned in paragraph (b), c;hall be guilty of an offence against this section: Provided that nothing in this subsectlon shall - (a) prevent any persons from weartng any uniform or dress in the course of a stage play perfonned in a place duly licensed or authorised for the public per formance of stage plays or in the case of a music hall or circus performance, or in the course of any bona fide military representation; or (b) prohibit the use and wearing of ordinary regimental badges or of brooches or ornaments representing them.
A,D.

1966.]

DEFENCE [No.

24 171 (2) Any person who purchases or takes in pawn any military decoration awarded to any member of Her Majesty's forces.

or solicits or procures any pellSOn to sQJ.l or pledge any such decoration, or acts for any person in the sale or pledging tllereof, shall be guilty of an offence against this section unless he proves that at the time of the alleged offence the person to whom the decoration was awarded was dead or had ceased to be a member of thosei forces.
(3) Any person guilty of an offence against this section shall be liable on summary conviction to a fine not eixceeding two hundred and 1ifty dollars or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

Provisions • to evidence 190.

(1) The following provisions shall have effect with respect '!eacra1 pro.

to evidence in proceedings under this Ordinance whether before a ~ 10!':icr!:.:e.

coun-martial, a civil court or qt.herwise.


(2) A document purporting to be a copy of the attestation pape~ signed by any person and to be certified to be a true copy by a per~n stated in the certificate to have the custody of the attestation paper shall be evidf.lllce of the enlistment ot the person attested.

t3) The attestation paper purportiug to be signed by a person on hjs enlistment shial.l be evidence of his having given the answers to questions which he ii.

therein recorded as having given.


(4) A letter, return or other document stating that any person - (a) was or was not serving at any specified time or during any specified period in any part of Her Majesty's forces or was discharged from any part of those foroes at or before any specified time; or tb) held or did not hold at any specified time any specified rank or appointment in any of those forces, or had at or before any specified time.
been attached, posted or transferred to any part of those forces, or at any specified time or during any i.pecifi.ed period was or was not serving or held or did not hold any rank or appointment in any particular country or place; or (c) was or was not at any specified time authorised to use or wear any decoration, badge, wound stripe or emblem, shall, if purporting to be issued by or on behalf of the Defemce Board or the Chief of Staff be evidence of the matters stated in the docu ment.
(5) A record made in any prescribed service book or other prescribed document being a record made in pursuance of service law or regulations, or otherwise in pursuance of military duty, and purporting to be signed by the commanding officer or by a person whose duty it was to make the record, shall be evidence of the facts 172 No.

24] THE LAWS OF BRITISH GUIANA [A.O.


1966 stated the,ein; and a copy of a record (including the signature thereto) in any such book or other document as aforesaid, pU1J)Qrting to be certified to be a true copy by a person stated in the certificato.

to have the custody of the book or other document, shall be evidence • of the record.

( 6) A document purporting to be issued by order of the Defence Board or the Chief di.
Staff and to contain, signify or notify instructions, orders, appointments or matters given, made or deter· mined by the Defence Board or the Chie{ of Staff shall be evidence of the instructions, orders, appointments or matters and that they were given, made or detemlined as aforesaid.
(7) A certificate purporting to be issued by or on behalf of the Defence Board, and stating - (a) that a decoration of a description specified in or an nexed to the certificate is a military decoration; or (b) that a badge, wound stripe or emblem of a description specified in or annexed to the certiticate is one supplied or authorised by the Defence Board or by the Govern ment of the United Kingdom, shall be evidence of the matters stated in the certificate.
(8) A certificate purporting to be signed by a person's com manding officer or any officer authorised by him to give the ce'rtificate, and stating the contents of, or any part of, standing orders or other routine orders of a continuing nature made for - (a) any 'formation or unit or body of troops; or (b) any command or other area, garrison or place; or (c) any ship, train or aircrc:lft, shall in proceedings against the said person be evidence of the matters stated in the certificate.

191.
(1) Where a person subject to military law under this Ordi nance has been tried befor~ a civil court (whether at the time of the trial he was so subject or oat) a certificate signed by the Registrar of the court, or a judge, or a magistrat4), and stating all or any of the following matters - (a) that the said person has been tried before the court for an offence specified iln the certificate ; (b) the result of the trial; (c) what judgment or order was given or made by the court; (d) that other offences specified the certificate were in taken into consideration ail the trial, shall for the purposes of this Ordinance be evidence of the matters stated in the certificate.
(2) A document purporting to be a certificate Ulilrler this section and to be ~gned by the Registrar of the court, or a judge, or a magis to be such a trate, shall, unless the contrary is shown, be deemed certificate.

Proof c,f outcome oi civil trial.

,A_,D_.

1_9_66_.J ________ l>_E_F_EN_C_E ______ fN_o_._2_4_11 ___ 4 192.
(1) The original record of the proceedings of a court-martial under service law purporting to be signed by the president of the court and being in the custody of any person having the lawful custody thereof shall be admissible in evidence on production from that custody.

Evidence of PToceodlap Of COUrl· lliArtiai.


( 2) A document purporting to be a copy of the original record of the proceedings of a court-martial under ~re law or any part there of and to be certified by the person having the lawful custody of the record to be a true copy shall be evidence of the contents of the record or the part to which the document relates, as the case may be.

(3) This section applies to evidence given in any court, whether civil OT criminal.
Miscellaneous Provisions • d e supennten ent or ot er person 10 c arge o a c1 193.

( 1) Where a person is in military custody when charged with, Temp~rary or with a view to his being charged with, an offence against Part V or ~~~t~y the corresponding provisions of any other service law it shall be the duty of 1!!

:"'ns .
:"'ns .

f th prison or o o the person having charge of any police station or other place in which prisoners may be lawfully detained, upon delivery to him of a written order purporting to be signed by the commandilll?

officer of the person in custody to receive him into his custody for a period not exceeding seven days.

f ua-, escorL "vil h h .

f (2) In this section "civil prison" has the meaning ascribed to it in section 136. ha 194.
(1) Every assignment of or charge on, and every agreement to ot.Avoidaace .

asa[an assi~ or c to any person in respect of his or any other person's service M ' .

rge, any pay, awar , grant, pension or allowance payable ment of, or in Her chn•,'!

:., 00 ay m ·-, P • pension, etc.

aJesty s orces s all be void at law.


h d · f ' (2) Save as expressly provided by this Ordinance, no order shall be made by any court the effect of which would be to restrain any per- son from receiving anything which by virtue of this section he is pre- cluded from assigning and to direct payment thereof to another person.

(3) Nothing in this section shall prejudice any law providing for the payment of a;ny sum to a bankrupt's trustee in bankruptcy for distribution among creditors.
195. thereto A document in the form of a statutory declaration, purport- Statutory the signature of an officer of Her :::re.

:~ ing to have subscribed Majesty's forces, being an officer of a rank not below that of major or British Gui corresponding ra.nk, in testimony of its having been taken before him aua.
outside British Guiana from a person subject to military law under this Ordinance and c.ontaining in the attestation a statement of the date on which a;nd the place at which the declaration was taken and of the full name and rank of that officer, shall be admitted in evidence without proof of the signature being the signature of that officer, or of the facts so stated, in the absence of proof to the contrary.

174 No.

24] THE LAWS OF BRITISH GUIANA [A.O.

1966 Composition of Rueffe.

196.
The Reserve shall consist of two classes which shall be con- Part IX - Reserve stituted as follows:- a first class consisting of - (a) officers appointed or transferred to the said class; tb) sokiiers enlisted or deemed to be enlisted or re-engaged in pursuance of this Pa.rt for service in the said class; (c) soldiers of the second class of the Reserve who have, after written application made by them in that behalf to the competent military authority, been accepted by tha:t authority for service in the first class; a second class consisting of - ta) officers appointed or transferred to the said class; (b) soldiers who are by virtue of the provisions of Part IV members of the Reserve after the termination of their colour service.
Eulislllleat and re-ent11ase ment In tho Reaerve.

197.

(1) The term for which a person enlisting in the first class of the Reserve may be enlisted shall be such a term beginning with the date of his attestation as may be prescribed.
( 2) A per!§On enlisting in the first class of the Reserve shall be attested in the same manner as a recrui:t in the regular Force and the following provisions of Part IV, that is to say - (a) section 18 (which relates to the mode of enlistment and attestation); (b) section 30 ( which relates to the validity of attestation and enlistment), omitting the reference in subsection ( 1) of that section to the receipt of pay and subStituting for the reference thereto in subsection (2) of that sec tion a reference to the performance of any service; and ( c) section 31 ( which makes recruits punishable for false answers), shall apply in like manner as if they were re-enacted in this Part with the substitution, for ,references to the regular Force of references to the Reserve.
( 3) A person enlisting in the first class of the Reserve may be attested by any officer and the provisions of Part IV mentioned in sub section (2) of this section together also with section 68 (which relates to false answers on enlistment) , shall ini their application to the Reserve be construed as if the expression "Recruiting Officer" included any officer of the Force.

( 4) Any soldier of the Reserve who at any time has completed.
or is within six months before completing, the term for which he enlisted or re-engaged in pursuance of this Part, or the term for which he is liable to serve in that Reserve under the provisions of Part IV, as the case may be, may with the approval of the competent military authority re engage for such further period or periods of service in the Reserve as may be prescribed.

A-D.1966.]

DEFENCE [No.

24 175 198.


( 1) SubJect to the proVlSIODS o · · · f thi s section, every o 1 ff'ce · r a nd Tie1nr1111 "" Rmme.

soldier of the Reserve shall attend for training at such place or places and for such periods as may be determined by the Defence Board and shall fulfil such conditions relating to training as may be prescnoed.
(2) The requirements of this section may be dispensed with in whole or in part as respects any unit of the Reserve, by the Defence Board, and as respects any individual officer or soldier of the Reserve, by his commanding officer subject to any general directions of the Defence Board.

( 3) Nothing in this section shall be construed as preventing an officer or soldier of the Reserve, undergoing voluntary training in addi tion to any training referred to in subsection ( 1 ) of this section.

199.
199.

(1) The Defence Board may, at any time when occasion appears f•ll o~of to require, call out the first class of the Reserve, or as many officers and C::s'n:sen·o soldiers of that class as they think is n.ecessa:ry, on temporary service.

(2) Officers and soldiers called out for service under this section shall ,not be liable to serve at any one time for a period exceeding two months.

:',.

1 : ; .

200.
:',.

1 : ; .

200.

(1) In the event of a state of war being declared or of insuuec- cai out tion, hostilities or public emergency, it shall be lawful for the Governor :rm: 00 by proclamation to direct that the Reserve, or either class thereof, shall tervke.

be called out on permanent service.


(2) Upon the making of a proclamation under subsection (1) of this section the Defence Board shall call out the Reserve, or the class thereof so direoted to be called out, as the case may be, or as many officers and soldiers of the Reserve or of that class as it thinks is necessary, on permanent service.

( 3) Every officer and soldier of the Reserve when called out on permanent service shall be liable to continue in service un.til his services are no longer required.
201.
( 1) Where the whole or any part of the fir-st class of the Auendanco Reserve is called out on temporary service or on permanent service, it ~n can shall be the duty of every officer and soldier belonging to that class, or the pa.rt of that class so called out, as the case may be, to attend in per- son at such place or places as may be prescribed: Provided that no officer or soldier of the said class shall be liable to be proceeded against for an offence under this Ordinance by reason of his failure to attend as aforesaid unless he has been served with a notice under the provisions of subsection (2) of this section requiring him to attend.
(2) In the event of a call out under section 199 or 200, the Defence Board may cause any offi.cet or soldier liable to such call out to be served with a notice requiring him to attend at the time and place therein specified.

( 3) A notice under subsection ( 2) of this section may be served on any officer or soldier by - 176 No.

24] THE LAWS OF BRITISH GUIANA [A.O.


1966 (a) being delivered to him personally; (b) being left at his last known add.res.,; ( c) being sent by registered post addressed to him at his last known address.

Effective wne of call out.

202.
Where an officer or soldier of the Reserve is called out on t.emporary service or on permanent service he shall, for the purposes of section 208 and paragraph ( c) of subsection ( 1) of section 209, be deemed to be so called out with effect from either - (a) the time of his attendance under subsection (1) of section 201; or (b) the time specified in any notice served under sub section (2) of that section, whichever time (in the case of an officer or soldier to whom subsection ( 1) of that section applies) is the earlier.
Termination of serv ice.
203, Where any officer or soldier of the Reserve has been called out on temporary service or on permanent service, the Defence Board may at any time thereafter give such directions as it may think fit for terminating the service of any officer or soldier so called out but without prejudice to the power of the Defence Board by notice served under section 201 to call out for further service any officer or soldier whose service has been terminated by directions given under this section.
Postin& or a:ttadunent of.

memben of Reserve.

204.

Every officer and soldier of the Reserve may, when called out on temporary service or on permanent service or when under going training, be posted or attached to any unit of the regular Force or the Reserve.

Punishment for non- a ttcnd&.nce.

205.
( 1) Any officer or soldier of the Reserve in British Guiana who, without leave lawfully granted or other reasonable excuse, (the proof whereof shall lie on him) fails to appear at such time and place as shall be appointed for amual camp, or at the time l;Uld place specified in any notice under subsection (2) of section 201, shall - (a) if called out on per,manent service, be guilty accord ing to the circumstances, of desertion within the meaning of section 47 or of absentin~ himself without leave within the meaning of section 48; or (b) if called out on temporary service or due to attend annual camp, be guilty of absenting himself without leave within the meaning of section 48. commits any offence under this section shall be liable - ( 2) Any officer or soldier of the Reserve who (a) to be tried by court-martial, and on conviction shall be punishable as for an offence under section 47 or, as the case may be, section 48; or (b) to be tried by a court of summary jurisdiction and on summary conviction shall be liable to a fine not A,D, 1966.]
DEFENCE [No.

24 177 exceeding two hundred dollars and in default of pay ment to imprisonment for any term not exceeding six months.

(3) Section 81 shall apply to officers and soldiers of the Reserve who commit an offence against this section as it applies to officers and soldiers of the regular Force.
( 4) Where an officer or soldier of the Reserve fails to appear at the time and place appointed for training or at the time and place specified in any notice under subsection (2) of section 201, and his absence continues for not less than twenty-one days, an entry of such absence shall be made by an bfficer in the service books and suoh entry shall be prima facie evidence of the fact of such absence.

206.
206.

If any person designedly makes away with, sells or pawns, ~n~ t: or wrongfully destroys or damages, or negligently Joses anything issued proi:rtr'!
'1 to h~m as an officer or soldier of the Reserve, or wrongfully refuses or neglects to deliver up oo demand anything iS6ued to him as such officer or soldier the value thereof shall be recoverable from him on complaint by any officer of the Force to a court of summary jurisdic- tion and he shall also, for any such offence of designedly making away with, selling or pawning, or wrongfully destroying as aforesaid, be liable on summary conviction to a fine not exceeding fifty dollars.

207.
207.

( 1) A soldier of the Reserve may be discharged by the ~?

competent military authority at any time during the currency of any aerve.

.. term of service in the Reserve upon such grounds as may be pres- cribed.
(2) A soldier of the first class of the Reserve, other than a soldier who is a member of the R eserve by virtue of the provisions of Part IV, shall, unless that class is called out on permanent service, be entitled to be discharged before the end of hts current term of service on complying with the following conditions - (i) giving to his commanding officer three months notice in writing of his desire to be discharged; and (ii) delivering up in good order, fair wear and tear only excepted, all arms, clothing and equipment, being public property issued to him or, in cases where for any good or sufficient cause the delivery of the pro perty aforesaid is impossible, paying the value there of.
208.

The provisi~s of Part V relating to the award of fines Application and stoppages, and the provisions of Part VII shall not apply to officers ~J'~ ~ and soldiers of the Reserve except when called out on permanent ser- this ~ vice or on temporary service or when serving on such pel1tllanent staff nance.

of the Reserve as may be employed.

Part X - Application of the Law and Supplementary Provisioos 209.

( 1 ) Subject to the provisions of section 211, the following Peraons aub- {:.
1.,,~111- persons are subject to military law under this Ordinance - (a) officers and soldiers of the regular Foroe; 178 No.

24] THE LAWS OF BRITISH GUIANA [A.O.


1966 (b) officers and soldiers when attached to the Force or any part thereof in accordance with paragraph (a) of subsection (2) of section 168; ( c) officers and soldiers of the Reserve when called out on permanent service or temporary service or when undergoing or performing any training or other duty ( whether in pursuance of an obligation or not) or when serving on the permanent staff of the Reserve.
(2) This Ordinance shall apply to the persons subject there to under the provisions of this section and in relation to the Force as well as out.side as within British Guiana.

AJll)lD tion ol civlJiaDI.

Ordinance to 210.


( 1) Subject to the modifications hereinafter specified, where any unit is on active service, Part V shall apply to any person who is employed in the service of that unit or any part or member thereof, or accompanies the said unit or any part thereof, and is not subject to service law, as the said Part V applies to persoos subject to military law under this Ordinance.
(2) The said modifications are the following - (a) the punishments which may be awarded by a court martial shall include a fine, but shall not include any other punishment less than imprisonment; (b) the punishment which may be awarded where 0 charge is dealt with summarily shall, in the case of any offence, be a fine not exceeding fifty dollars but no other punishment; ( c) the following provisions shall have effect in substitu tion for subsections (2) to (4) of section 81 that is to say, that a person may be arrested by a pro vost officer, by any warrant officer or non-commis sioned officer legally exercising authority under a provost officer or on his behaJf, or by order of any officer subject to service law; (d) where a charge is being dealt with summarily and it has been determined that the accused is guilty, a finding shall not be recorded until after the accused has been afforded an opportunity of electing to be tried by court-martial, and if the accused so elects a finding shall not be recorded but such steps shall be taken with a view to the charge being tried by court-martial as may be prescribed by Rules of Procedure; ( e) the provisions of this Ordinance relating to the in vestigation of, and summary dealing with, offences shall, save as otherwise expressly provided, apply as they apply to soldiers; (f) for the purposes of the provisions of this Ordinance relating to the investigation of offences, the com manding officer shall be such officer as may be A.t>.
1966.l DEFENCE [No.

'.24 179 appointed by the officer authorised to convene a court-martial; (g) for references in sections 125 and 126 to being, con- tinuing, or ceasing to be subject to this Ordinance there shall be substituted references to being, con tinuing to be or ceasing to be in such circumstances that Part V applies and subsection ( 3) of section 125 shall not apply.
( 3) Any fine awarded by virtue of this section, whether by a court-martial or the commanding officer shall be a debt due to the Government, which shall be recoverable by way of an action before a court of summary jurisdiction at the suit of any officer of the Force.

211.

( 1 ) Officers, warrant officers and non-commissioned officers ~1cat1on who, being members of the United Kingdom military forces, are sub- of the Act.
ject to military law under the Act and are seconded t<> serve with the Force or any part ·thereof, shall remain subject ~ military law under the Act and ·shall not be subject to military law under this Ordinance.
· (2) The powers of arrest conferred by section 74 of the Act and '1!11e provisions of sections 186 to 190 inclusive of the Act ( which relate to deserters and absentees without leave) shall con- 41inue to apply in British Guiana to the persons referre,d to in sub section (1) on or after the 26th of May, 1966, as they applied before that date.
( 3) In the event of a person ref erred to in subsection ( 1) committing an offence against the provisions of the Act, he may be held, tried and punished in British Guiana under the Act for the offence thereunder.

212.

Subject to the foregoing provisions of this Ordinance, Power to the Defence Board may make regulations for the better carrying out ~ake reauta of the provisions of this Ordinance and generally for the good govern- iom.
ment and organisation of the Force and for providing for matters required by this Ordinance to be prescribed and without prejudice to the generality of the foregoing such regulations may make pro- visions with respect to all or any of the following matters, that is to say - (a) the enlistment of persons into, and the discharge of persons from, the regular Force and generally for the carrying into effect of Part IV, including the prescribing of the necessary forms and the adminis tration of oaths and affirmations; (b) determining to what extent and under what con ditions colour service in any of Her Majesty's forces other than in the Force may be counted as colour service in the regular Force; ( c) the pay, allowances, pensions, and gratuities of officers and soldiers and of their dependants sur viving them, and the deductions therefrom and the 180 No.
24] THE LAWS OF BRITISH GUIANA [A.:D. 1966 • forfeiture pensions other than in the Force, of service thereof and gratuities (including the reckoning for pay, of service of the 'Crown, prior to the commencement in that Force); • (d)the description, clothing accoutrement, of persons ( e)the enlistment supply, use and disposal of arms, and other stores; into and the discharge of persons from l}le Reserve including the prescribing of the necessary forms and the administration of oaths and affirmations; • (f)the calling out of officers and soldiers of the R� service, on permanent service serve on temporary and for training in which notification is to be given; ted for training including of the places prescribing the manner and times appoin­ (g)requiring officers and soldiers of the Reserve to r� from time to time and generally for port themselves the carrying (h)prohibiting, into effect of Part IX; restricting the holding of and regulating the limits of any camp or other and the ad,missioo thereto of meetings within military establishment civilians attending for the purpose of holding, any such meeting; (i)in respect of matters made under nance, and Part VI.
for which regulations may be of this Ordi­ provisions the foregoing addressing or other than under the provisioos of Part III • POlll'Cra exer­ cisable in subsidiary l11&lslation.

213.
213.

( 1) Any power conferred rules, orders lations, provision provisions such instrument circumstances for specified f.or different or other instruments by this Ordinance shall include cases or classes of oases, and to make different classes or cases, and for the purposes of any to any to make regu­ power to make classes of oases may be defined by reference in the instrument.
specified rules, ( 2)Any such regulations, orders or other instruments • forces, acts or things to be per­ require of any !persons may impose conditions, sa,tisfaction as aforesaid formed or done to the whether or not such persons are members of the Force or df Her or Majesty's in writing requiring or done or prohibit­ or done, and prescribe periods ing acts or things from being performed sh«11 be per­ or date..11 upon, within formed or done or such conditions and provide appeal which such acts or things shall be fulfilled any such order, requirement to issue orders either orally empower such persons to be performed or direction.
acts or things or before against for named therein Execution of orders, in­ � etc.

214.

Save as expressly direction provided by any regulations, or appointment required determination, be made under this Ordinance in that be- may be signified under the hand of any officer authorised by any military offi.,cer or authority or authorised to any order, A.l').

1966.l bEPENCE {No.
1966.l bEPENCE {No.

24 181 half, and any instrument signifying such an order, determination, duec tion or appointment and purporting to be signed by an officer stated therein to be so authorised shall unless the contrary is proved be deemed to be signed by an officer so authorised.

of any ship of the Force, in any case where he reasonably suspects the Force 215.
(1) It shall be lawful for any officer or soldier in oommand =._0 1 t that any vessel within the territorial waters or in any bay, roadstead, r:~-~t river or creek of British Guiana is engaged or employed in any unlaw- ful operation or enterprise, to cause such vessel to be boarded, or stopped and boarded, and any and every part thereof searched with any assistance; and he may, for the purpose of any lawful examina- tion, investigation or inquiry, direct that 5uch vessel proceed to such place as he may specify.
0 (2) It shall be lawful for any officer or soldier acting in the execution of any of the provisions of this sectioo - (a) to pursue and arrest without a warrant any person upon reasonable suspicion of his having committed, or being about to commit, a criminal offence; (b) aft.er demanding and failing to obtain the keys, to break open any door or receptacle; or ( c) to take all such steps as are reasonably justifiable in the circumstances of the case in order to compel compliance with any directions given in pursuance of any such provisions.
( 3) No officer or soldier shall be liable as a result of any loss or damage to any such vessel as aforesaid, or of ~y injury to any person on board the same, occasioned in consequence of any failure to comply with any directions given as aforesaid.
( 4) When a person is arrested under this section without a warrant, he shall be taken before a magistrate as soon as practicable after he is taken into custody : Provided that he may, as soon as practicable after his arrest, be delivered or conveyed and delivered into the custody of a policeman to ~ dealt with in accordance with section 21 of the Police Ordi nance, 1957, and otherwise according to law.

.No.

1957.
'319 of (5) Every person who assaults, obstructs, resists or wilfully delays any officer or soldier acting in the execution of any of the provisions of this section, or without reasonable excuse (the proof whereof shall lie upon him) fails to comply with any directions given in pursuance of any such provisions, shall be guilty of an offence and shall, upon summary conviction thereof be liable to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding twelve iponths or tk> both such fine and imprisonment.
216.

(1) The Volunteer Ordinance is hereby repealed.

(2) Any mit raised under the Volunteer Ordinall:c:e shall be deemed to be raised under this Ordinance and to be a unit of the Resene.

182 No.

24] THE LAWS OF BRITISH GUIANA tA.!>.
1966 (3) Any person who, immediately before the commencement of this Ordinance, is holding any commission and rank as an officer in the British Guiana Volunteer Force or is otherwise a member of that Force as defined in the Volunteer Ordinance shall be deemed, as from the oommencement of this Ordinance - (a) in the case of a person holding such commission and rank as aforesaid, to have been - (i) granted Her Majesty's commission; (ii) appointed to the first class of the Reserve; and (iii) assigned the like rank, pursuant to the provisions of this Ordinance; and ( b) in the oase of a member as aforesaid, to have been enlisted as a soldier under Part IX of this Ordi nance for service in the first class of the Reserve, so, however, that any such member who held, immedi ately before the commencement of this Ordinance, the rank of a warrant officer or nm-commissioned officer in the British Guiana Volunteer Force shall be deemed to have been promoted to that rank in the Reserve by virtue of the provisions of this Ordi oonce.
( 4) No person shall, pursuant to subsection (3) of this sec tion, be required, without his coosent, to serve for a longer period than he would have been required the Volunteer Ordinance if that Ordinance had not been repealed and, notwithstanding anything provided in Part IX of this Ordinance but subject to the provisions of subsection (2) of section 15, the length of his period of service in the Reserve pursuant to subsection ( 3) of this section shall be subject to such terms and conditlions, mutatis mutandis, as would have govemed the length of his period of service in the British Guiana Volunteer Force but for such repeal.
to serve pursuant t'O (5) The Volunteer regulations shall, subject to their amend ment or revocation by regulations made under this Ordinance, apply in relation ,to the first class of the Reserve as they would have con tinued to apply in relation to the British Guiana Volunteer Force but for the said repeal: Provided that they shall be construed with such mocl.fications and adaptations as may be necessary for the purposes of their appli cation under this subsection and otherwise in conformity with this Ordinance.
( 6) The said repeal shall not be construed to extend to ~ tion 11 of the Volunteer (Amendment) Ordinance, 1957, which shall apply in respect of persons referred to in subsection (3) of this section as if references in section 11 of that Ordinance to the British Guiana Volunteer Force included references to the first class of the Reserve: Provided that any such person may elect to forego the benefit of the said section 11 in accordance with any provision made in that behalf pursuant to this Ordinance with respect to any other benefit.
No.

n 0 1 1957.

AD.1966.J DEFENCE [No.

24 183 (7) The provisions of section 200 shall, in relation to persons who would be members of the reserve of the British Guiana Volunteer Force but for the said repeal, apply as if they were m~mbers of the Reserve by virtue of subsection (3) of this section and the other pro visions of this Ordinance shall apply in relation to them accordingly in the event of their being.

called out oo permanent service .

.

217.


The enactments specified in the first column ~f the Third ~~ en t Schedule to this Ordinance shall have effect subject to the amend- Third Sche ments specified in relation thereto in the second column of the said duJe.

Schedule.

S.14 (3) FIRST SCHEDULE Commissions Form of Queen's Commission • • • < ~ .... "1 I, .·.·: .....

.'

.......................................


Governor of British Guiana acting under comman,d of Her Majesty Queen • Elizabeth the Second do give to .... .

........... .. .. .

.

... .. .

Greetings and reposing especial trust in your loyalty, courage and good conduct, do by these presents constitute and appoint you to be an officer in the Guyan,a Defence Force [for .

........... years]• from the ........... .

day·of ............. .

19 .

.... .


You are therefore carefully and diligently to discharge your duty as such an officer in the rank of.

.

.

.

.

.

.

.

.

.

.
... .... ........ or in such other rank as you may from time to time hereafter be promoted or appointed and you are in such manner and on such occasions to exercise and well discipline in their duties, such officers and soldiers as may be placed under your orders from time to time and iuse your I do best endeavours to keep them in good order.

and discipline.
and discipline.

hereby command, all such officers and soldiers to obey you as their superior officer, and you to observe and follow such orders and direc tions as from time to time you shall receive from me or eny of your superior officers in pursuance of the trust hereby reposed in you.

Given at this day of 19 *to be omitted in the case of a commission granted for an indefinite period.

Governor 184 No.

24] THE LAWS OF BRJTISH GUIANA [A.O.


1966 s. 103 SECOND SCHEDULE Alternative offences of which accused may be convicted by court-martial.

Offence Charged Alternative Offence 1.

Any offence against subsection (1) l. Any offence against subsection (2) of section 33 .

of section 33.

2.

Any offence against subsection ( 1 J 2.

Any offence against subsection (2) of sectioo 34.

.Jf section 34.

3.

Any offence against subsection (1) 3.

Any offence against subsection (2) of section 41. of section 41.

4.
4.

Communicating with or giving in telligence to the enemy, either with intent to assist the enemy or without authority.

4.

Disclosing authority.

information without 5.

Striking his superior officer.

5.

(a) Using violence to his supenor by than officer otherwise striking him.

(b) Offering violence to his superior officer.

6.

Using violence to his superior 6.

Offering violence to his superior officer otherwise than by striking him.

officer.

7.

Using threatening language to his 7.


Using insubordinate language to his superior officer.

superior officer.

8.

Disobeying, in such a manner as to show wilful defiance of authority.

a lawful command given or sent to him personally.

8.

Disobeying a lawful command.

9.

Desertion.

9.

Absence without leave.

10.

Attempting to desert.

10.

Absence without leave.

11 .

Stealing any property.

11.

Fraudulently misapplying the pro perty.

12.


Any offence against section 56 of 12. this Ordinance involving wilfulness.

The corresponding offence involving negligence.

13.

Any offence against subsection (1) 13. of section 61.

.----------------------------- Any offence against subsection (2) of section 61 .

A.O.

1966] s. 217 DEFENCE [No.

24 185 THIRD SCHEDULE Enactment Amendment 14.

Any offence against subsection (1) 14. of section 62 involving striking.
(a) The corresponding offence in- volving the use of violence other than striking.

(b) The corresponding offence in volving the offering of violence.

15.

Any offence against section 62 in- 15.

The corresponding offence involving volving the use of violence other than striking.

the offering of violence.

The Naval and Military Uniforms Ordi- (a) insertthewords"theGuyanaDefence nance Chapter 87.

Force and" after the word "means" in the definition of "Her Majesty's Military forces" in section 2.
(b) delete section 3.

Section 13 of the Police Ordinance, No.

(a) Substitute the words "Defence Ordi- nance, 1966'\ for the words "Army 39 of 1957.

Act" in subsection (2).

(b) Substitute for subsection (3) the following - "Subject to the provisions of such regulations as aforesaid, the pro visions of the Defence Ordinance, 1966, for the time being in force with respect to discipline shall apply to a military force constituted under this section."

( c) Delete subsection ( 4).


(d) Renu,mber subsection (5) as sub section ( 4) and delete therefrom the words "the rules and regulations for the time being in force governing the provision made in like case for the families of officers, wives warrant officers, non-commissioned officers, and men of Her Majesty's Army, or in accordance with any other rules and".

and Passed by the House of Assembly on the 12th of April, 1966.

(Bill No.

9/1966).

E. V. VIAPREE, Clerk of the Legislature.