Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698069691252.pdf (Guyana)
' Extracts from the "Official Gazette" o f Saturday, otH October, 1962 .. Bill No.

22 of 1962 No.

300 PUBLISHED 6TH OCTOBER, 1962 Legislature, Public Buildings, Georgetown.

5th Octo11er, 1962.

The Defence Bill, 1962, originally published Assembly on the 3rd of October, on the 25th of September, 1962, with the 1962, was passed by the Legislative undermentioned amendments.

The Bill which will lie considered with the amendments information incorporated.
by the Senate is published for general I.CRUM EWING, Clerk of the Legisfature.

AMENDMENTS Clause 4 Clause 7 Clause 14 Clause 25 Cla11se 37 Substituted Substituted Substituted Substituted Substituted in (1).

for the word "reality'' (5).

The word "realty" in the second line of subsection The words "not more than six members" for th'c words "five members" in the second line of subsection The word "of" for the word ''before'' (1).

the second lline of subsection The word "authority" "officer" (1).
subsection The word "known" for the word "know" and the word "provost" in the fifth line.

The figure and brackets figures ''221" Subsections for the word lines ot in the first and fourth for "provest" in th1c first line.

"(1)" after the (2) and (3).

Clause 221 <" • - (i)Deleted - (ii)Deleted Fourth and Fifth - Schedules Deleted.

Bill No.

22 of 1962.

DEFENCE BILL, 1962 Arrangement of Sections.

PART 1 PRELIMINARY Section and commencement.

1.Short title 2.Governor to act in his discretion.


3.Interpretation.

of stealing.

4-Definition .

5.Provisions as to active service and employment.

6.Establishment of Army Council.

7.Establishment PART II OFFICERS 8.Commissioning 9.Promotion, of officers.

etc .. of officers to be Gazetted.

10.Reserve of officers.

ENLISTMENT PART III AND TERMS OF SERVICE 11.Recruiting authority.

Enlistment.

12.Enlistment.

13.Terms of enlistment.

Terms and conditions of service.


Re-·engagement and extension of service.

14.Re-engagement 15.Prolongation of service.

and continuance in service.

3 Discharge and transfer to the reserve.

16.Discharge.

17.Transfer 18-Postponement to the reserve.

of discharge or transfer pending proceedings for etc.

offences, 19.Restrictions on reduction commissioned officers.

in rank of warrant officers and non- 20.Right of warrant 21.Discharge 22.Right of soldier upon prescribed grounds.

to purchase discharge.


officer to discharge on reduction to ranks.

Miscellaneous a,nd supplementary service.

of attestation and enlistment.

23.Rules for reckoning 24.Validity 25.False answers paper.

in attestation PART IV provisi,ons.

DISCIPLINE AND TRIAL AND PUNISHMENT OF MILITARY OFFENCES Treachery, cowardice and offences a.rising out of military service.

26.Aiding the enemy.

27.Communication behaviour.

28.Cowardly 29.Offences against 30.Becoming morale.

a prisoner with the enemy.


neglect: and failure by or in relation of war through to rejoin etc.

to sentries, forces.

or wilful disobedience 31.Offences 32.Looting.

Mutiny and insubordination- to suppress 33.Mutiny.

34.Failure 35.Insubo·rdinate 36.Disobedience 37.Obstruction 38.Disobedience mutiny.

officers.

to provost to standing absence Desertion� orders.

behaviour.

to particular orders.

without etc.

leave., 39.Desertion.

40.Absence 41.Assisting 42.Failure without leave.


and concealing desertion duties.

military to perform and absence without leave.

Malin2erin2 and drunkenness- 43.Malingering.

44.Drunkenness.

in relation 45.Offences 46.Offences in relation 4 7.

Miscellaneous offences Offences relating Offences rela,ting to public to property relating to billeting to property.

and service property.

of members of forces.

to property.

and requisitioning of vehicles.

48.Billeting offences.


49.Offences in relation vehicles.

to requisitioning Flying, etc.

flying, certification of aircraft, etc.

etc., offences.

50.Dangerous 51.Inaccurate 52.Low flying.

53.Annoyance by flying.

Offences relating to, and by, persons in custody.

arrest 54.Irregular 55.Permitting 56.Resistance 57.Escape from confinement.

escape, to arrest.

and confinement.

and unlawful release of prisoners.

Offences in relation 58.Offences 59.False evidence 60.Obstruction in relation .
to courts-martial to courts-martial.

and civil authorities.

of police officers arresting officer or soldier.

offences.

Miscellaneous disclosures.

61.Injurious 62.Making of false statements 63.Making of false documents.

64.Scandalous 65.Ill-treatment conduct of officer.

of officers or men of inferior rank.

on enlistment.

4 <'i6.

Disgraceful conduct.

,67.

False accusation.

68.Attempts ,69.

Conduct to commit military to prejudice offences.

of military Civil offences.

discipline.


70.Civil offences.

Punishments.

71.Punishment 72.Punishment 73.Field punishment.

7 4.

Imprisonment.

of officers.

of soldiers.

7 5.

Power to arrest 76.Provisions for avoiding delay after arrest.

Arrest.

offenders.

of, and summary dealing Investigation of charges 77.Investigation 78.Charges 79.Further to be dealt with summarily proceedings by commanding on charges against with, charges.

officer.

or by court-martial .


non-commissioned 80.Further officers and soldiers.

proceedings on charges officers.

against officers and warrant 81.Dismissal 82.Officers who are to act as commanding of charges referred to higher authority.

officers and appropriate superior authorities.

83.Limitation on powers of summary dealing with charges.

provisions.

: general Courts-martial court-martial.

84.Trial by, and powers of, ordinary 85.Trial by, and powers of, field court-martial.
86.Officers having powers to convene 87.Constitution 88.

Constitution 89.

Supplementary 90.Place for sitting of ordinary of field courts-martial.

of courts-martial as to constitution court&-martial.

provisions to other and adjournment courts-martial.

places.

Courts-martia l: provisions relating to triaJ.

of courts-martial.

of courts-martial.

by accused.

of oaths.

to sit in open court.

91.Challenges 92.Administration 93.Courts-martial 94.Dissolution 95.Decisions 96.Finding 97.
Power to convict 98.Rules of evidence.

99.Privilege l 00.

Offences 101.Affirmations.

of witnesses by civilians and sentence.

of offence other than that charged.

and others in relation at courts-martial.

to courts-martial.

of courts-martial.

and review of proceedings of oourts-martial.

of courts-martial.

finding or sentence.

of proceedings Confirmation, revision 102.Confirmation against l 03.

Petitions 104.Revision of findings 105.Powers of confirming 106.Co{lfirming authorities.
107.Approval 108.Review of findings 109.Reconsideration of sentences and sentences as well as confirmation authorities.

of imprison of courts-martial .

required of courts-martial.

for death sentences.

1ment and detention.

Review of summary findings and awards.

110.Review of summary findings Findings 111.Provisions where accused and awards.

of insanity, etc.

found insane.

Commencement, suspension and duration of sentences.

of sentences.
of sentences.

112.Commencement 113.Duration 114.Restrictions 115.Special 116.

Special of sentences on serving provisions provisions outside British in which sentence served.

117.Country Guiana.

as to civil prisons.

as to carrying out or serving of sentences of imprisonment or detention to be of imprisonment of sentences of detention or detention.

in prisons.

118.Duties of Director of Prisons to receive prisoners.
5 Trial of persons 119.Trial and punishment offender standing ceasing Ordinance to military law under the to be subject and time limits for trials.

of offences ceasing under this Ordinance thereto.

to be subject notwith­ 120.Limitation Relation between of time for trial of offences and civil courts under this Ordinance.

and finality military of trials.

121.Powers of civil courts.

122.Persons not to be tried under this Ordinance disposed of.

for offence already Inquiries.

123.Boards of inquiry.


124.Inquiries into absence.

or compensation Misitellaneous provisions.

etc.

for theft, of judge advocates.

125.Restitution 126.Appointment 127.Promulgation.

128.Custody of proceedings to copy thereof.

of court-martial and right of accused 129.Indemnity for prison officers, etc.

Interpretation.

of Part IV.

130.Interpretation 131.Rules of procedure.

132.Imprisonment 133.Board of Inquiry Rules.

134.Miscellaneous rnles.

and Detention Rules.


PART V APPEALS FROM COURTS-MARTIAL cases.

for leave to appeal.

of appeals in 135.Right of appeal.

136.Application cases.

137.Determination ordinary 138.Powers of the Appeal Court in special 139.Appeals to Privy Council.

140.Supplementary 141.Proceedings 142.Defence 143.Right of appellant 144.Suspension of death sentences.

145.Person not to be tried again where conviction 146.Removal 14 7.

Furnishing, 148.Duties of proceedings to trial.


of the Appeal Court with respect powers of the Appeal Court.

to be heard in absence his case in writing.

of appellants.

of documents for purposes of appeals.

to present relating quashed.

of prisoners on appeal, of Registrar etc.

149.Saving of Governor's 150.Composition 151.Exercise 152.General of Court.

of certain provisions.

powers.

powers of the Appeal Court by a judge.


under Part V. PART VI FORFEITURES AND DEDUCTIONS to appeals, and deductions: of pay for absence general from duty.

provisions.

153.

Forfeitures 154.Forfeiture 155.Deductions 156.Compensation 157.Deductions 158.Remission 159.Enforcement for payment of civil penalties.

by wrongful for loss occasioned damage.

for barrack and deductions.

of forfeitures of maintenance and affiliation orders by deduction act or negligence.

from pay.
from pay.

160.Deductions 161.Limit of deductions forfeiture.

of process 162.Service from pay for maintenance under sections of wife or child.

159 and 160 and effect on in maintenance proceedings.

PART VII BILLETING AND REQUISITIONING OF VEHICLES Billeting.

requisitions.

163.Billeting in which the billets 164.Premises of billets.

165.Provision 166.Accommodation 167., Appeals 168.Compensation to be provided billeting.

for damage.

against may be provided.

and payment therefor.

6 with the army.


of vehicles.

to receive billeted, 169.Refusal 170.Application persons to civilians etc.

employed Requisitioning orders.

of vehicles.

for which vehicle for vehicle 171.Requisitioning 172.Provision 173.Period 174.Payment 17 5.

Avoidance 176.Record and inspection 177.Enforcement 178.Application 179.Liability of provisions to cattle, of hardship furnished.

food, forage and stores.

of Crown for damage by vehicles to be furnished.

requisitioning.
requisitioning.

as to requisitioning.

- being delivered for 180.Bringing 181.Appropriation 163 and 171. of funds for moneys payable into operation of sections by the Crown.

in requisitioning of vehicles.

of mechanically-propelled vehicles.

PART VIII GOVERNMENT AND GENERAL PROVISIONS Command.

Command and precedence.

Command of the army.

Regulations Powers of command of members of co-operating as to command.

182.

183.

184.

185. forces.

186.

Complaints 187.Complaints by officers.

by soldiers.
by soldiers.

Redress of compla,ints.

Exemptions for members of the army.

188.

189.

190.

Exemption Exemptions Exemption from jury service.· etc.

from tolls, execution from taking of property used for military Provisions purposes.

relating 191.

Arrest of deserters 192.Proceedings to deserters and absentees and absentees without leave.

without lea,ve.

before a civil court where persons of suspected illegal absence.
... 193.Deserters 194.Certificates of arrest 195.Duties of Director and absentees without or surrender leave surrendering to police.

and absentees.

of deserters of Prisons to receive deserters and absentees.

Offences relating 196.Punishment 197.Punishment 198.Punishment matters for pretending to be a deserter.

for procuring for obstructing and assisting to military desertion.

members of army in execution punishable by civil courts.

of 199.

200.

201. duty.


Punishment Unlawful Illegal for aiding purchase, in documents dealings etc.

sation, malingering.

etc., of military relating stores.

to pay, pensions, mobili­ 202.

Unauthorised use of and dealing in decorations, etc.

Provisions as to evidence.

203.General 204.Proof of outcome 205.Evidence as to evidence.

of civil trial.

of proceedings provisions of court-martial.

206.

Temporary 207.Avoidance Miscellaneous in civil custody of, or charge reception of assignment provisions.
of persons on military under escort.

pay, pensions, 208.Power of certain officers to take statutory declarations.

etc.

PART IX RESERVE 209.

Reservists.

210.

Annual training.

211.Calling 212.Calling 213.Punishment 214-Record of illegal 215.Discharge 216.Regulations absence.

during service.

as to the reserv:e. out of the reserve out of the reserve on temporary service.

on permanent service.

for non-attendance.


7 PART X APPLICATION OF THE ORDINANCE AND SUPPLEMENTARY PROVISIONS Application, transfer and attachment.

217.

218.

219.

Application Application Application of the Ordinance.

of Ordinance of the Imperial Act.

provisions pensions and grat;Uities Emoluments, Financial to civilians.

and regulations.

220.

221.

222.

223. funds of British Power to make regulations.

Powers exercisable Execution in subsidiary instruments, of orders, Guiana.

legislation.

etc.
legislation.

etc.

out of the appropriated SCHEDULES First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Schedule by offences of which may be convicted Forms of Commission.

Alternative accused .

court-martial Supplementary payment for requisition cles.

Pay and allowances Pension regulations.

provisions as to vehi­ regulations.


A BILL Intituled AN ORDINANCE TO MAKE PROVISION FOR THE DEFENCE OF BRITISH GUIANA BY THE ESTABLISHMENT GUIANA ARMY AND OTHER UNITS OF HER MAJESTY'S MILITARY FORCES, AND TO PROVIDE FOR MATTERS THERETO.

CONNECTED THEREWITH AND INCIDENTAL OF A BRITISH Enacted by the Legislature of British Guiana:­ A.D� PART I-PRELIMINARY 1.

This Ordinance 1962, and shall come mto operat10n by order published in the Gazette, appointed for different provisions.
may be cited as the Defence .

Ordinance, upon such day as the Governor and different appoint Short titlo shall, and com- days may be menccmcnt.

.

2.

In this Ordinance whenever any act or deed is• required to be made by the Governor such act, deed �.

;:V� � to shall be done or made by him in his discretion.

discretion.

to be done or any decision <lr decision 3.

( 1) In this Ordinance, unless otherwise requires- the context :I:,1:?
'rcta­ (however rank" means rank of any description a commanding officer such that under regulations from that rank; non-commissioned to revert officer" and "acting "acting called) bas power to order the holder "acting officer", "aircraft" warrant shall be construed means any machine accordingly; whether propelled for flying, means or not, and includes any description by mechanical of balloon; "aircraft material" includes- (a)parts of, and components craft, (b)engines, whether armaments, of or accessories for, air­ or not; for the time being in aircraft and bombs and ammunition in, or for use in, of any description other missiles aircraft; ( c)any other gear, apparatus or instruments in, or for use in, aircraft; ( d)any apparatus of aircraft or or landing and aircraft; used in connection for detecting the movement of with the taking-off (e)any fuel used for the propulsion used as a lubricant material , material; court" from convictions "appeal appeals at assizes means the court for the time being hearing in British Guiana; of aircraft and any for aircraft or aircraft 8 ( 2) means that he superior assigned to a person, has the meaning "appropriate 7 8 and subsection authority" ( 1) of section 82 of this Ordinance; open arrest; to it by subsection 0f -section includes "arrest" the enemy" in relation "before is in action against the against attack by the enemy; "Board of Inquiry and procedure convening, quiry made by the Governor under section Ordinance; court" Rules" means rules with respect of boards of in­ enemy or about to go into action or threat the enemy or is under attack means a court of ordinary but does not, except where otherwise any such court outside include "civil criminal expressly the Commonwealth; assigned to it in subsection constitution has the meaning of imminent provided, 133 of this "civil to the jurisdiction, offence" ( 2)of section 70 of this Ordinance; means service "colour service" otherwise Ordinance "the Commander" under section Governor command, direction units of the army raised than
 service under the provisions of this in the reserve; by the means the officer appointed to have 183 of this Ordinance of the and general superintendence officer" has the meaning under this Ordinance; to it by assigned 82 of this Ordinance; of means any of the military the Commonwealth of Australia, forces New Zealand, Federation of Malaya, Ghana, of Nigeria, Sierra Leone, Tanganyika, and Tobago or Uganda;- authority" means such officer as may ( 1) of section Trinidad "commanding subsection "Com·monwealth force" Canada, India, Pakistan, Ceylon, Federation Jamaica, "competent military be prescribed; "corresponding it by subsection "corresponding Her Majesty's rank or rating declared "court-martial" service "damage" includes civil offence" has the meaning assigned 70 of this Ordinance; ( 2) of section to any rank or rating in rank" in relation naval, or air forces, in any other of those forces means such as may be military to by regulations to correspond therewith; except where it is expressed to be under law, means a court-martial under this Ordinance; destruction and references to damaging accordingly; in relation to any person means the with the pro­ in accordance which he is attested of regulations; shall be construed "date of attestation" date on visions "decoration" conduct "desertion" section ( 2) of section includes badge; shall be construed in accordance with s·ub­ 3 9 of this Ordinance; medal, medal ribbon, clasp and good 3 & 4 Ellz.
'2 c. 11.
"enemy" includes all persons armed rebels·, any of Her Majesty's against armed mutineers, "Her Majesty's expressly force; "the Imperial provided, military forces" does not include engaged forces &rmed rioters in armed operations and also includes and pirates; except where otherwise any Commonwealth all Act" means the Army Act, 19 5 5, of the United Kingdom as amended from time to time and any Imperial substituted enactment therefor; Rules" means rules regu­ "Imprisonment and Detention made by the Governor includes imprisonment and detention 132 of this Ordinance; real property lating under section "property" property outside British ·property; "provost to service ferred "public officer" means a provost law appointed by or under service property" marshal to exercise law on provost or officer subject the functions officers; to the belonging in British Guiana of the nature of real means any property and Guiana, con­ Crown in right of its government or of British of Her Guiana or to any department of the United Kingdom 9 Government of British Majesty's Government thereof, of the Crown as aforesaid :nent; and includes in the United Kingdom or_ to the Guiana or to any department any property held for the purposes or of the Government or depart­ "recruiting section 11 of this Ordinance; authority" means the authority referred to in "the reserve" means the body comprised service of those persons under Part or liability to reserve who are subject IX of this Ordinance; "reservist" "Rules of Procedure" made by the Governor nance; means a member of the reserve; means the Rules of Procedure, under section 131 of this Ordi­ • & 4 Eliz.
c. 18 & 4 Eliz.

c. 19.

& 6 Eliz.
enactment c. 53. forces; therefor; this Ordinance, means belonging when used adjectivally, to or any part of Her Act, 1957, of the United Kingdom as 2 � with Her Majesty's forces or military law" includes "service" connected Majesty's "service the Imperial Act, 3 the Air Force Act, 1955, of the United Kingdom and the i N,aval Discipline amended from time to time and any Imperial substituted "ship" includes "s9ldier" tions contained officers officer and a non-commissioned to military subject time that he is so subject; "stoppages" pay of the offender, pensation the offence; "unit" includes but, with the modifica­ to warrant in relation includes a warrant officer and every person by deductions sum by way of com­ by loss or damage occasioned any description an officer in this Ordinance officers, and non-commissioned law under this Ordinance means the recovery for any expense, does not include of a specified of vessel; during the from the or other body of Her Majesty's a battalion forces established and maintained in British military Guiana under section in strength body of such forces unit.
6 of this Ordinance corresponding to a battalion declared or other or any headquarters to be a by the Commander ( 2)In this Ordinance, fo regulations references made under section shall be construed 221 of this Ordinance.
unless the context as references otherwise requires to regulations ( 3)In this Ordinance, unless the context otherwise requires­ (a) "the army" means_ the British to the army include (b)references Guiana Army; references to any units ( 1) of (b) of subsection formed under paragraph section 6 of this Ordinance.

4.

For the purposes (1)a person steals of this Ordinance- who, without the consent of the owner, Definition stealing.
of fraudulently good faith, being stolen permanently Provided and without takes and carries with intent, to deprive the owner thereof; that a person may be guilty a claim of right made in of capable away anything at the time of such taking, of stealing any such thing notwithstanding possession thereof, use or the use of any person other than the owner; if, being a bailee converts he fraudulently the same to his own thereof, or part owner that he has lawful ( 2)the expression "takes" includes obtaining the posses- sion- (a)by any trick; (b)by intimidation; (c)under a mistake knowledge sion has been so obtained; on the part of the owner with on the part of the taker that posses­ (d)by finding, where at the time of the finding the finder believes by taking reasonable steps; "carries ( 3)the expression away" includes any removal that the owner can be discovered 10 of anything the case of a thing attached, completely detached; ( 4)the expression from the place which it occupies, only if it has been "owner" includes any part owner, or but in person having possession property capable in, anything ( S)everything any person, severance which has value and is the property and if adhering of being stolen; of after to the realty then of being stolen: shall be capable of, o'r a special therefrom, or control that - Provided (a)save as hereinafter growing spect to fixtures, attached .
mines, anything expressly provided things, to or forming with re­ and ore from part of by of being stolen shall not be capable the realty the person who unless sion of the carcase severs after severance and of a creature thereof; (b)the carcase the same from the realty� he has abandoned posses­ reduced into possession while capable killed has abandoned wild by nature and not shall not be living by the person who bas unless after killing it he of the carcase; of being stolen such creature, poss·ession ( 6)every person who - (a)with intent to steal, (i)any glass or woodwork rips, cuts, severs or breaks-­ to any belonging (ii.)
building; or any metal or utensil to any building; or fixed in or or fixture, (iii)anything made of metal fixed in any land or as a fence to any garden or area, or L-1 any being private property, dwelling-house, square or street, to public ground; (b)with intent to steal, use or ornament, cuts, breaks, or in any burial- or in any place dedicated otherwise or damages destroys part of any tree, sapling, growing- roots up or the whole or any shrub, or underwood (i)in any place whatsoever, the value of the done being to the or (ii)in any park, pleasure ground, garden, article stolen amount of one dollar or the injury at the least; orchard, or avenue, or ing or belonging value of the article exceeding the done or the injury or the amount of five dollars; in any ground adjoin­ stolen to any dwelling-l10use, (iii)in any place whatsoever, the value of the (c)with intent to steal, stolen article the amount of twenty-five or the injury done exceeding dollars; or damages any production ground, destroys or vegetable growing nursery­ root, fruit, orchard, hot-house, pleasure greenhouse plant, in any garden, ground, or conservatory; shall be guilty of ,stealing; (7)every person who severs with intent the ore to steal, of any metal, or any lapis calaminaris, wad, black cawke, black lead, coal, or can­ mundick, nel coal from any mine bed or vein thereof, shall be guilty of stealing.
manganese as S.( 1) In this Ordinance the expression "on active service", in Prov.isions to active ser-relation vice.

...4., to any unit, means that it is engaged an in operations I eneuv, and in re ation to a person means that he is serving such a unit which is on active service.
against in or w1iith ( 2)Where it appears to the Governor that, by reason of the of active imminence it is necessary be on active may be specified service or of the recent existence that a unit should be deemed to of active service, for the public service service, he may by order declare in the order but •not exceeding that for such period as three months beginning 11 with the coming into force of the order, such 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 sub- section (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 there 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 declaration the unit shall cease to be deemed to be on active service.

6.

(1) There shall be established and maintained in British Guiana Establish- ment and employment.
a body of Her Majesty's military forces consisting of— (a) such units as the Governor may from time to time think fit to be comprised therein and styled "The British Guiana Army"; (b) such other units as the Governor may from time to time think fit to be formed and styled by such designation as the Governor shall by notice in the Gazette declare.
-- (2) Every unit shall be charged with the defence of British Guiana, the support of the civil power and with such other duties as may from time to time be defined by the Governor.

(3) The Governor may at any time order that any unit shall be employed out of or beyond British Guiana.

(4) The Governor may order that any officer or soldier shall proceed to any place outside British Guiana for the purpose of undergoing instruction or training or for duty or employment.

7.
7.

(1) The Governor shall by order establish a council to be styled inEstenatblior A- rm 3' "the Army Council" which shall consist of not more than six members council.

appointed by him.

(2) A person shall be appointed to the Army Council by instru- ment under the Public Seal and for such period not exceeding three years as the Governor may determine.
(3) Notwithstanding his appointment for a fixed term a person appointed a member of the Army Council shall hold office during the pleasure of the Governor which shall be signified by instrument under the Public Seal.

(4) Subject to the provisions of this Ordinance the Army Council shall be responsible for the formation, enlistment and administra- tion of the army.
(5) The Governor may at any time issue directions to the Army Council with respect to the exercise of their functions under this Ordi- nance and the Army Council shall carry out such directions.

PART II—OFFICERS 8.

(1) The power of appointment to commissions in the army shall be vested in the Governor.

(2) Every officer on appointment to a commission shall be issued with a commission signed by the Governor, in the form set out in the first schedule to this Ordinance.
(3) The appointment of a person to a commission shall be notified in the Gazette.

Commission- ing of offi- cers.

First Scnedule.

shall be notified in the Gazette.

 9.

(1) The promotion of officers whether permanent or acting, ePtrco.molioonm- cers to be Gazetted.

(2) Any retirement or resignation of an officer shall be notified in the Gazette.

10.

A reserve of officers may be maintained consisting of those officers of the army who have been permitted to retire from the active list.
o Reserve MGM.

of 1 518 12 Recruiting authority.

Enlistment.

PART III—ENLISTMENT AND TERMS OF SERVICE 11.

The Army Council shall, if authorised by the Governor in that behalf, enlist recruits in the army in the prescribed manner and in such event the Army Council shall be a recruiting authority.

Enlistment 12.
Enlistment 12.

(1) A person offering to enlist in the army shall be given a notice in the prescribed form setting out the questions to be answered on attesta- tion and stating the general conditions of the engagement to be entered into by him and the recruiting authority shall not enlist any person in the army unless satisfied by that person that he has been given such a notice, understands it, and wishes to be enlisted.
(2) The recruiting authority shall not enlist a person under the age of eighteen years unless consent to the enlistment has been given in writing— Terms of enlistment.
(a) if the person offering to enlist is living with both or one of his parents, by the parents or parent; (b) if he is not living with both or one of his parents but any person (whether a parent or not) whose where- abouts are known or can after reasonable enquiry be ascertained has parental rights and powers in respect of him, by that person; (c) if there is no such person as is mentioned in para- graph (b) of this subsection or if after reasonable enquiry it cannot be ascertained whether there is any such person, by any person in whose care (whether in law or in fact) the person offering to enlist may be.
(3) Where the recruiting authority is satisfied by the produc- tion 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.
A document purporting to be a certificate signed by the recruiting authority, stating that he is satisfied as aforesaid, shall be sufficient evidence, until the contrary is proved, that he is so satisfied.

Terms and conditions of service 13.

(1) The term for which a person enlisting in the army may be enlisted shall be such a term beginning with the date of his attestation as is mentioned in the following provisions of this section.
(2) Where the person enlisting has attained the age of eighteen years the said term shall be— (a) such term not exceeding six years as may be prescribed, being a term of colour service; or (b) such term not exceeding twelve years as may be pre- scribed, being as to such part thereof as may be prescribed a term of colour service and as to the remainder a term of service in the reserve.
(3) Where the person enlisting has not attained the age of eighteen years the said term shall be— (a) a term ending with the expiration of such period, not exceeding six years, as may be prescribed, beginning with the date on which he attains such age, being a term of colour service; or (b) a term ending with the expiration of such period, not exceeding twelve years, as may be prescribed, begin- ning with the date on which he attains such age, being as to such part thereof as may be prescribed a term of colour service and as to the remainder a term in the reserve.
Re-engagement and extension of service.

Re-engage- ment and con• tinuance in service.

14.
(1) Any soldier of good character who at any time has com- pleted or is within two years of completing the term of his colour service may with the approval of the competent military authority re- engage for such further period or periods of colour service and service in the reserve as may be prescribed: 519 13 Provided that such further period or periods of colour service together with the original period of colour service, shall not, except as provided by subsection (2) of this section, exceed a total con- tinuous period of twenty-two years' colour service from the date of the soldier's original attestation or the date upon which he attained the age of eighteen years, whichever shall be the later.
(2) Any soldier who shall have completed a period of twenty- two years' colour service may, if he shall so desire and with the approval of the competent military authority, continue to serve from year to year in all respects as if his term of colour service was still nnexpired except that it shall be lawful for him to claim his discharge at the expiration of any period of three months after he has given notice to the officer under whose command he is serving of his wish to be discharged.

1 5 .
1 5 .

 Any soldier whose term of colour service expires during a Prolonga- ion of state of war, insurrection, hostilities or public emergency may be retained service.

in the army and his service prolonged for such further period as the com- petent military authority with the approval of the Governor may direct.

Discharge and transfer to the reserve 16.


(1) Save as in this Ordinance provided, every soldier upon be- coming entitled to be discharged shall be discharged with all convenient speed but until discharged shall remain subject to military law under this Ordinance.

(2) Except in pursuance of the sentence of a court-martial under service law, a soldier shall not be discharged unless his discharge has been authorised by order of the competent military authority.
(3) Every soldier shall be given on his discharge a certificate of discharge containing such particulars as may be prescribed.

17.

(1) Save as in this Ordinance provided, every soldier 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) Notwithstanding anything in this section hereinbef ore con- tained, the competent military authority may, when a soldier falls to be transferred to the reserve as aforesaid, discharge him forthwith without giving any reason and in such case the provisions of section 16 of this Ordinance shall apply.

Discharge.

Transfer to the reserve.

18.


(1) Notwithstanding anything in this Part of this Ordinance, a soldier shall not be entitled to be discharged or transferred to the reserve at a time when he has become liable, as a person subject to military, law under this Ordinance, to be proceeded against for an offence against any of the provisions of service law: Postpone- ment of dis- charge or transfer pending pro- ceedings for offences, eta.
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 of this Ordinance, a soldier who is serving a sentence of imprisonment or detention awarded by a court-martial under service law or his commanding officer shall not be entitled to be discharged or transferred to the reserve during the cur- rency of the sentence.

19.
19.

(1) A warrant officer or a non-commissioned officer shall not be reduced in rank except by sentence of a court-martial under service law or by order of the Governor or the Commander, or an officer not below the rank of brigadier or corresponding rank authorised by the Governor to act for the purposes of this subsection.

Restrictions on reduction in rank of warrant offi- cers and non- commissioned officers.
(2) An authorisation under subsection (1) of this section may be given generally or subject to such limitations as may be specified by the Governor.

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

20.

 ' A warrant officer who is reduced to the ranks may there- rRatititoffice war t o upon claim to be discharged unless a state of war, insurrection, hostilities discharge on reduction to or public emergency exists.

 ranks.
ranks.

5 440 14 Discharge upon pre- scribed grounds.

21.

 A soldier may be discharged by a competent military authority at any time during the currency of any term of engagement upon such grounds as may be prescribed.

Right of soldier to pur- chase dia- charge.

22.
(1) A soldier shall be entitled to claim his discharge at any time within six months after the date of his first attestation, and if liee makes such a claim he shall on payment of one hundred dollars be dis4 charged with all convenient speed but until discharged shall remain sub- ject to military law under this Ordinance: Provided that the provisions of this section shall not apply to a soldier who immediately prior to the date of his first attestation was a member of Her Majesty's military forces: Provided further that the provisions of section 16 of this Ordinance shall not apply to a soldier discharged under the provisions of this section.
(2) Notwithstanding the provisions of this section, no soldier shall be entitled to claim his discharge at a time when or so long as soldiers are required to continue their colour service under the provisions of section 15 of this Ordinance.

Miscellaneous and supplementary provisions Rules for reckoning ser- vie .

 23.
23.

 In reckoning the service of any soldier for discharge or re- engagement or transfer to the reserve there shall be excluded therefrom— (a) all periods during which he has been absent from his duty from any of the following causes— (i) imprisonment; (ii) desertion; (iii) absence without leave exceeding twenty-eight days; and (b) any period ordered by a court-martial to be forfeited.

Validity of attestation and entistment.

 tion as may 24.
(1) Where a person has made such declaration upon his attesta- prescribed and has thereafter received pay as a soldier— (a) the validity of his enlistment 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 notwith- standing any non-compliance with the requirements of this Ordinance or any regulations made as to enlist- ment or attestation or any other ground whatsoever (not being an error or omission in his attestation paper) and he shall be deemed to be a soldier until his discharge.
(2) Where a person has received pay as a soldier without hav- ing previously made such declaration as aforesaid then— (a) he shall be deemed to be a soldier 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 competent military authority who shall 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 has not claimed his discharge.

25.

(1) If a person appearing before a recruiting authority for the Nebo answers in attestation purpose of being attested knowingly makes a false answer to any question paper.
contained in the attestation paper and put to him by or by the direction of the recruiting authority he shall be liable on summary conviction to im- prisonment for a term not exceeding three months or to a fine not ex- ceeding one hundred dollars.

(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.
15 PART IV —DISCIPLINE AND TRIAL AND PUNISHMENT OF MILITARY OFFENCES Treachery, cowardice and offences arising out of military service.

26.

(1) Any person subject to military law under this Ordinance 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 per- son's duty to defend; or (b) does any act calculated to imperil the success of operations of Her Majesty's forces, 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 interna- tional usage; or (d) furnishes the enemy with arms or ammunition or with supplies of any description; 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) Any person subject to military law under this Ordinance, who knowingly and without lawful excuse — (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 poet which it is that per- son's duty to defend; or (b) does any act calculated to imperil the success of operations of Her Majesty's forces, 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 interna- tional usage; or (d) furnishes the enemy with arms or ammunition or with supplies of any description; or (e) harbours or protects an enemy not being a prisoner of war shall, on conviction by court-martial, be liable to suffer imprisonment or any less punishment provided by this Ordinance.
27.

(1) Any person subject to military law under this Ordinance commtylica- einoenmywith the who with intent to assist the enemy communicates with or gives intelli- t gence to the enemy shall, on conviction by court-martial, be liable to suffer death or any other punishment provided by this Ordinance.
(2) Any person subject to military law under this Ordinance who without authority communicates with or gives 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 information which is or purports to be information as to any matter such that information about it would or might be directly or indirectly useful 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 be useful as aforesaid, that is to say — (a) the number, description, armament, equipment, dis- position, movement or condition of any of Her Majesty's forces or of any forces co-operating there- with, or any of Her Majesty's ships or aircraft or of the ships or aircraft of any such co-operating force; (b) any operations or projected operations of any of such forces, ships or aircraft as aforesaid; 5 22 16 (c) any code, cipher, call sign, password or countersign; (d) any measures for the defence or fortification of any place on behalf of Her Majesty; (e) the number, description or location of any prisoners of war; (f) munitions of war.
Cowardly behaviour.

28.

(1) Any person subject to military law under this Ordi- nance 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 to show such cowardice, or otherwise behaves in such a manner as to show cowardice, shall be guilty of an offence against this section.
(2) Any person subject to military law under this Ordinance who when before the enemy induces any other person subject to ser- vice 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) Any 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 against morale.

who 29.
Any person subject to military law under this Ordinance (a) spreads (whether orally, in writing, by signal, or otherwise) reports relating to operations of Her Majesty's forces, of any forces co-operating therewith, or of any part or any of those forces, being reports calculated to create despondency or unneccessary alarm; or (b) when before the enemy, uses words calculated to create despondency or unnecessary laarm, shall, on conviction by court-martial, be liable to imprisonment or any less pun- ishment provided by this Ordinance.
30.

(1) Any person subject to military law under this Ordinance who, through disobedience to orders or wilful neglect of his duty, is captured by the enemy shall be guilty of an offence against this section.
(2) Any person subject to military law under this Ordi- nance who, having been captured by the enemy, fails to take, or pre- vents or discourages any other person subject to service law who has been captured by the enemy from taking, any reasonable steps to rejoin Her Majesty's service which are available to him or, as the case may be, to that other person shall be guilty of an offence against this section.
(3) Any 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.

Becoming a prisoner of war through disobedience or wilful neglect; and failure to re- join forces.

Offences by or in relation to sentries, who etc.

31.
31.

(1) Any person subject to military law under this Ordinance while on guard duty — (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 (c) is drunk; or (d) leaves his post without having been regularly re- lieved or otherwise absents himself from any place where it is his duty to be, shall be guilty of an offence against 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) Any 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 of Her Majesty's forces or of any forces co- operating therewith, or by the threat of force compels any such person to let him or any other persot pass, shall be guilty of an offence against this section.
(4) Any 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 : X 23 17 Provided that if the offence was not committed on active ser- vice he shall not be liable to be imprisoned for more than two years.
(5) References in this section to a person on guard duty are references to a person who — (a) is posted or ordered to patrol or has adopted the posi- tion 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 protecting any persons, premises or place.
(6) The foregoing provisions of this section shall apply in relation to persons posted or ordered to patrol or who have adopted the position of sentries at a post or have undertaken the patrol, and to the members of a party mounted or ordered to patrol, for the pur- pose of preventing or controlling access to or egress from any pre- mises or place, or of regulating traffic by road, by rail or on any inland navigation, as they apply to persons on guard duty.

32.
32.

Any person subject to military law under this Ordinance Looting.
who — (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 33.

(1) Any person subject to military law under this Ordinance Mutiny.
who — (a) takes part in a mutiny involving the use of violence or the threat of the use of violence, or having as its object or one of its objects the refusal or avoidance of any duty or service against, or in connection with operations against the enemy, or the impeding 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) Any person subject to military law under this Ordinance who, in a case not falling within subsection (1) of this section, takes part in a mutiny, or incites any person 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 expression "mutiny" means a com- bination between two or more persons subject to service law, or be- tween persons two at least of whom are subject to service law — (a) to overthrow or resist lawful authority in Her Majesty's forces or any forces co-operating therewith or in any part of any of the said forces; or (b) to disobey such authority in such circumstances 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 Her Majesty's forces or in any forces co-operating therewith or in any part of any of the said forces.
34.

Any person subject to military law under this Ordinance who, knowing that a mutiny is taking place or is intended — Failure to suppress mutiny.

(a) fails to use his utmost endeavours to suppress or pre- vent it; or (b) fails to report without delay that the mutiny is taking place or is intended, shall on conviction by.
court-martial — 524 18 (i) if his offence was committed with intent to assist the enemy, be liable to suffer death or any other punishment provided by this Ordinance; and (ii) in any other case, be liable to imprisonment or any less punishment provided by this Ordinance.

MM.

le Insubordinate behaviour.

 who 35.
(1) Any person subject to military law under this Ordinance (a) strikes, or otherwise uses violence to, or offers violence to, his superior officer; or (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: 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 offering 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 officer 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.

36.
36.

(1) Any person subject to military law under this Ordinance who, in such manner as to show a wilful defiance of authority, disobeys any lawful command given or sent to him personally shall, on con- viction by court-martial, be liable to imprisonment or any less punish- ment provided by this Ordinance.
(2) Any 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 ser- vice he shall not be liable to be imprisoned for more than two years.

Disobedience to particular orders.

Obstruction of provost offi- cers.

Disobedience to standing orders.

Desertion.

37.
Desertion.

37.

Any person subject to military law under this Ordinance who— (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-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Ordinance.

38.
38.

(1) Any 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.

Desertion, absence without leave, etc.

39.
(1) Any person subject to military law under this Ordinance who — (a) deserts; or (b) persuades or procures any person subject to service law to desert, shall, on conviction by court-martial, be liable to imprisonment or any less 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) of this sub- section, he was on active service or under orders for active service at the time when it was com- mitted; or • D4 19 (ii) if the offence was an offence against paragraph (b) of this subsection, the person in relation to whom it was committed 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 Her Majesty's service or, when it is his duty to do so, fails to join or rejoin Her Majesty's service, 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) being 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 himself without leave with intent to avoid service or any particular service when before the enemy, and references in this Ordinance to desertion 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 desertion may direct that the whole or any part of his service previous to the period as respect which he is convicted of having been a deserter shall be forfeited: Provided that this subsection shall not apply to reservists called out on permanent service.

40.

 Any person subject to military law under this Ordinance Absence with- out leave.
who (a) absents himself 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.

41. who — Any person subject to military law under this Ordinance Assisting and and (a) knowingly assists any person subject to service law to d absence with- concealing i out leave.
desert or absent himself without leave; or (b) knowing that any person subject to service law has deserted or absented himself without leave, or is attempting to desert or absent himself without leave, fails to report that fact withouut delay, or fails to take any steps in his power to cause that person to be apprehended, 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.

42.
42.

Any person subject to military law under this Ordinance Failure to who without reasonable excuse fails to attend for any parade or other Faerduties 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. "

43.

(1) Any person subject to military law under this Ordinance Malingering.
Malingering and drunkenness who — (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 law, 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 ser- vice, does or fails to do anything (whether at the time of the act or omission he is in hospital or not) r•• n ra D4b Drunkenness.
20 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 not exceeding two years or any less punishment provided by this Ordinance.

(2) In this section the expression "unfit" includes temporarily unfit.

44.
44.

(1) Any person subject to military law under this Ordinance who is guilty of drunkenness, whether on duty or not, shall, on convic- tion by court-martial, be liable to imprisonment for a term not exceed- ing two years or any less punishment provided by this Ordinance: 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 drunkenness if owing to the influence of alcohol or any drug, whether alone or in combination with any other circumstances, he is unfit to he entrusted with his 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 Her Majesty's service.

45. who — Offences in relation to public and service pro- perty.
Offences relating to property Any person subject to military law under this Ordinance (a) steals or fraudulently misapplies any public or ser- vice property, or is concerned in, or connives at the stealing or fraudulent misapplication of any public or service property; or (b) receives 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.
46.
Any person subject to military law under this Ordinance (a) steals or fraudulently misapplies any property belong- ing to a person subject to service law, or is concerned , in or connives at the stealing or fraudulent misapplica- tion 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 is concerned in the wilful damage of, any property belonging to a person subject to ser- vice law, 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.
47.
Any person subject to military law under this Ordinance (a) loses any public or service property of which he has the charge or which has been entrusted to his care or which forms part of the property of which he has the charge or which has been entrusted to his care: Provided that it shall be a defence for any person charged under this paragraph with losing any property, that he took reasonable steps for the care and preservation thereof; or (b) by negligence damages any public or service pro- perty 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 en- trusted to his care; or Offences in relation to property of members of forces.
who — Miscellaneous offences re- lating to pro- who— perty.
21 (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, naval or air force 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 tefm not exceeding two years or any less punishment provided by this Ordinance.
Offences relating to billeting and requisitioning of vehicles 48.

Aity person subject to military law under this Ordinance who — Billeting offences.
(a) knowing that no billeting requisition is in force under Part VII of this Ordinance authorising him to demand any billets or that he is otherwise not authorised to demand them, obtains those billets or orders or pro- cures another person to obtain them; (b) takes or agrees to take, or demands, from a person on whom he or any other person or any vehicle is or is to be _billeted in pursuance of a billeting requisition under Part VII of this Ordinance any money or thing as consideration for not requiring, or ceasing to re- quire, accommodation for himself or the said other person or standing room for the vehicle; or (c) commits any offence against the person or property of the occupier of premises in which he is billeted in pursuance of a billeting requisition under Part VII of this Ordinance or of any other person being in those premises, or against any other property in those premises, or wilfully or by wilful neglect damages those premises or any such property as aforesaid, 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.
who— 49.
(1) Any person subject to military law under this Ordinance Offences in • relation to re q (a) knowing that no requisitioning order is in force under of vehicles Part VII of this Ordinance authorising him to give directions for the provision of any vehicle, or that he is otherwise not authorised to give such directions, gives directions for the provision of the vehicle or orders or procures another person to give such directions; or (b) in purported exercise of powers conferred by a requisi- tioning order under Part VII of this Ordinance takes, or orders or procures any other person to take, pos- session of a vehicle knowing that no requisitioning order is in force under the said Part VII under which the taking possession of the vehicle could be author- ised, or that the taking possession thereof is otherwise not authorised under such an order; or (c) takes or agrees to take, or demands, from any person any money or thing as consideration for directions, or any particular directions, for the provision of a vehicle not being given, or possession of a vehicle not being taken or not being retained, under a requisition- ing order under Part VII of this Ordinance, 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) Subsection (1) of this section shall apply in relation to horses, mules, donkeys and oxen, food, forage and stores (within the meaning of Part VII of this Ordinance) as it applies in relation to vehicles.

528 22 Flying, etc., offences 50.

 Any person subject to military law under this Ordinance Dangerous flying, etc.
who is guilty of any act or neglect in flying, or in the use of any aircraft, or in relation to any aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any person shall, on conviction by court-martial, be liable to imprisonment or any less punishment pro- vided by this Ordinance: Provided that if the offender has not acted wilfully or with wilful neglect he shall not be liable to be imprisoned for more than two years.

Inaccurate certification of aircraft, etc.


51.

 Any 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.

Low flying.

5 2 .
Low flying.

5 2 .

 Any person subject to military law under this Ordinance, who, being the pilot of one of Her Majesty's aircraft, 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 circumstances as may be so provi&d, 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.

Annoyance by flying.

 53.


 Any person subject to military law under this Ordinance who, being the pilot of one of Her Majesty's aircraft, flies it so as to cause, or to be likely to cause, unnecessary annoyance to any person 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.

Irregular arrest and confinement.

Offences relating to, and by, persons in custody 54.
(1) Any person subject to military law under this Ordinance who, when another person subject thereto is under arrest— (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 com- manding 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) Any person subject to military law under this Ordinance who, having committed a person (hereinafter referred to as "the prisoner") to the custody of any provost officer or other officer, or any warrant officer or non-commisioned officer, fails without reasonable cause to deliver— (a) at the time of the committal; or (b) if it is not practicable so to do at the time of the committal, then within twenty-four 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 prison• er") is committed to the charge of a person subject to military law un- der this Ordinance who is in command of a guard, then if without rea- sonable cause that person does not as soon as he is relieved from his guard and any ;Luther 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 and rank or other description of the officer or other person by whom the prisoner is alleged to have committed the offence; and 23 (b) if he has received it, the report required by subsection he shall be guilty of an offence against this section.
(2) of this section, (4) Any 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.

55.

(1) Any person subject to military law under this Ordinance Permitting escape, and who wilfully allows to escape any person who is committed to his charge, unlawful re- or whom it is his duty to guard, shall, on conviction by court-martial be lease of prisoners.
liable to imprisonment or any less punishment provided by this Ordinance.

(2) Any 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 per- son who is committed to his charge, or whom it is his duty to guard, 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.

56.
56.

(1) Any person, subject to military law under this Ordinance who, being concerned in any quarrel or disorder, refuses to obey any officer 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 his superior officer.
(2) Any 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 appre- hend him or in whose custody he is shall be guilty of an offence against this section.

(3) Any 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.
Resistance to arrest.

57.

 Any person subject to military law under this Ordinance Escape from who escapes from arrest, prison or other lawful custody (whether military, confinement.

or not), 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 in relation to courts-martial.

Offences in relation to courts-martial and civil authorities 58.
(1) Any person subject to military law under this Ordinance who — (a) having been duly summoned or ordered to attend as a witness before a court-martial, fails to comply with the summons or order; or (b) refuses to swear an oath when duly required by a court-martial to do so; or (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 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 person is acting as a member thereof or is so attend- ing, 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, shall, on conviction by a court-martial, other than the court in relation to which the offence was committed, be liable to imprisonment for a term 5 3 24 not exceeding two years or any less punishment provided by this Ordin- ance.
(2) Notwithstanding anything in subsection (1) of this sec- tion, where an offence against paragraph (e) or paragraph (f) of that subsection is committed in relation to any court-martial held in pursuance of this Ordinance 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 hand of the president order the offender to be imprisoned for a period not exceeding twenty-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.
(3) References in paragraphs (a) to (f) of subsection (1) of this section to a court-martial shall include references to a court-martial held in pursuance of service law.

59.
(1) Any person subject to military law under this Ordinance who, having been lawfully sworn as a witness or as an interpreter in pro- ceedings before a court-martial under service law or before any board or person having power under service law to administer oaths, makes a state- ment 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 impri- sonment for a term not exceeding two years or any less punishment pro- vided 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.

False evidence.

60.

 Obstruction of police 915- who at any place in the Commonwealth prevents or obstructs — cer arresting officer or soldier.
Any person subject to military law under this Ordinance (a) the execution by a police officer of a warrant for the arrest of a person subject to service law who has com- mitted or is suspected of having committed an offence punishable on conviction by a civil court; or Injudous disclosures.
(b) the arrest of a person subject to service law by a police officer acting in the exercise of his powers of arrest without warrant, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Ordin- ance.

Miscellaneous offences 61.


(4) Any 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, dis- position, movement or condition of any of Her Majesty's forces or of any forces co-operating there- with, or any of Her Majesty's ships or aircraft or of the ships or aircraft of any such co-operating force; or any operations or projected operations of any of such forces, ships or aircraft as aforesaid; or any code, cipher, call sign, password or countersign; Or any measures for the defence or fortification of any place on behalf of Her Majesty; or the number, description or location of any prisoners of war; or munitions of war.
531 25 62.

 Any person who, when before a recruiting authority for the ..Mpgs tatl_ purpose of being attested in pursuance of Part III of this Ordinance has ments on knowingly made a false answer to any question contained in the attesta- enlistment.
tion paper and put to him by or by the direction of the recruiting author- ity shall if he has since- become and remains subject to military law under this Ordinance be liable, on conviction by court-martial, to imprisonment for a term not exceeding three months or to any less punishment provided by this Ordinance.

Making of false docu- ments.

63.
Any person subject to military law under this Ordinance who — (a) makes, signs or makes an entry in any service report, return, pay list or certificate or other service docu- ment, being a document or entry which is to his knowledge false in a material particular; or (b) alters any service report, return, pay list or certificate or other service document, or alters any entry in such a document, so that the document or entry 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 preserve or produce; or (c) with intent to defraud, fails to make an entry in any such document; or (d) aids, abets, commands, counsels, procures or connives at the commission by another person subject to ser- vice law of an offence against this section or the cor- responding section of the appropriate 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 less punishment provided by this Ordin- ance.
64.

 Eyery 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 cashiered.

Scandalous conduct ad' officer.

65.

 If— Ill-treatment of officers or (a) any officer subject to military law under this Ordinance ranor°frat.
strikes or otherwise ill-treats any officer subject to service law of inferior rank or less seniority or any soldier subject to service law; or (b) any warrant officer or non-commissioned officer sub- ject to military law under this Ofclinance strikes or otherwise ill-treats any person subject to service law, being, a warrant officer or non-commissioned officer of inferior rank or less seniority or a soldier, he shall, on conviction IDS, court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Ordinance.
66.

 Any person subject to military law under this Ordinance Disgraceful 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.

67.

 who — Any person subject to military law under this Ordinance False accusa- tion.
(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 (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 facts, 532 26 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.
Attempts to Any person subject to military law under this Ordinance commit mili- tary offences.

who attempts to commit an offence against any of the foregoing provi- 68.

 sions of this Part of this Ordinance shall, on conviction by court-mar.

be liable to the like punishment as for that offence: Provided that if the offence is one punishable by death, he shall not be liable to any greater punishment than imprisonment.

Conduct to prejudice of military dis- cipline.

69.
69.

 Any 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 not exceeding two years or any less punish- ment provided by this Ordinance.

Civil offences 70.
Civil offences 70.

(1) Any person subject to military law under this Ordinance who commits a civil offence, whether in British Guiana or elsewhere, shall be guilty of an offence against this section.
Civil Offences (2) In this Ordinance the expression "civil offence" means— (a) in relation to an act committed within British Guiana, any act punishable by the law of British Guiana; and (b) in relation to an act committed without British Guiana any act, which if committed in England, would be punishable by the law of England, 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 in British, Guiana or, as the case may be, England could award for the corresponding civil offence, being a punishment or punishments provided by this Ordinance, or such pun- ishment, less than the maximum punishment which a civil court could so award, as is so provided: Provided that where a civil court could not so award imprisonment, 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 section committed within British Guiana if the corresponding civil offence is treason, murder, manslaughter, treason-felony or rape.
(5) Where the corresponding civil offence is murder or man- slaughter, an offence against this section shall be deemed, for the purposes 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 71.
Punishments 71.

(1) The punishments which may be awarded to an officer by sentence of a court-martial under this Ordinance are, subject to the limita- tions hereinafter provided on the powers of certain courts-martial, those set out in the following scale; and in relation to an officer references in this Ordinance to punishments provided by this Ordinance are references to those punishments.
(2) The said scale is— (a) death; (b) imprisonment; (c) cashiering; (d) dismissal from Her Majesty's service; Punishment of officers.

 X33 27 (e) fine of a sum not exceeding the equivalent of ninety days pay; (f) severe reprimand or reprimand; (g) where the offence has occasioned any expense, loss or damage, stoppages.
(3) For the purposes of this Part of this Ordinance a punish- ment specified in any paragraph of the said scale shall be treated as less t.i,n 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.

(5) Stoppages may be awarded by a court-martial either in addition to or without any other punishment.
(6) A severe reprimand or reprimand may be awarded by a court-martial in addition to a fine imposed under paragraph (e) of sub- section (2) of this section.

(7) Where an officer is sentenced by a court-martial to impri- sonment, he shall also be sentenced to be cashiered: Provided that if the court-martial fails to sentence him to be cashiered, the sentence of imprisonment shall not be invalid but shall be deemed to include a sentence of cashiering.

72.
72.

(1) The punishments which may be awarded to a soldier by Punishment sentence of a court-martial under this Ordinance are, subject to the of soldiers.

limitations hereinafter provided on the powers of courts-martial, those set out in the following scale; and in relation to a soldier references in this Ordinance to punishments provided by this Ordinance are references 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; (f) in the case of a warrant officer or non-commissioned officer, reduction to the ranks or any less reduction in rank; (g) fine of a sum not exceeding the equivalent of ninety- days pay; (h) where the offence is desertion, forfeiture of service; (i) in the case of a warrant officer or non-commissioned (j officer, severe reprimand or reprimand; -vvl-re the offence has occasioned any expense, loss or damage, stoppages.
(3) For the purposes of this Part of this Ordinance a punish- ment 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 punishment 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 in addition thereto be sentenced to be discharged with ignominy 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 sentenced by a court-martial to imprisonment or detention, he shall also he sentenced to be reduced to the ranks: Provided that if the court-martial fail to sentence him to be so re- duced, the sentence shall not be invalid but shall be deemed to include a sentence of reduction to the ranks. )
3 4 28 (7) In the case of a warrant officer or non-commissioned officer a severe reprimand or reprimand maybe awarded by a court-martial in addition to a fine imposed under paragraph (g) of subsection (2) of this section.

(8) Stoppages may be awarded by a court-martial either in addition to or without any other punishment.
(9) 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.

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

Field punish- ment.

73.


(1) In relation to an offence committed by a soldier on active service, the scale set out in subsection (2) of section 72 of this Ordinance shall have effect as if after paragraph (e) thereof there were inserted the following paragraph— "(ee) field punishment for a period not exceeding ninety days;", and subsection (6) of section 72 shall apply to field punishment as it applies to imprisonment or detention.
(2) Field punishment shall consist of such duties or drills, in 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 rules made under this Part of this Ordinance, 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.

Imprisonment.

 74.
Imprisonment.

 74.

 Where in this Ordinance it is provided that any person subject to military law under this Ordinance is liable on conviction by court-martial to imprisonment and no term or maximum term of imprison- ment is specified then such person shall be liable to imprisonment for any term.

Power to arrest offenders.

Arrest 75.


(1) Any person subject to military law under this Ordinance 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 pro- visions 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 such an officer of any rank.
(3) A soldier may be arrested by any officer, warrant officer or non-commissioned officer subject to service law: Provided that a person shall not be arrested by virtue of this sub- section except by a person of superior rank.
(4) A provost officer, or any officer, warrant officer, non-com- missioned officer or rating 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 sub- section except on the order of another officer.
(5) The power of arrest given to any person by this section may be exercised either personally or by ordering into arrest the person to be arrested or by giving orders for that person's arrest.

Provisions for 76.

(1) The allegations against any person subject to military law avoiding delay after arrest.
under this Ordinance who is under arrest shall be duly investigated with- out 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 535 29 being assembled, a special report on the necessity for further delay shall be made by his commanding officer to the prescribed authority in the prescribed manner, and a similar report shall be made to the like author- ity and in the like manner every eight days 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 compliance with this subsection shall be excused in so far as it is not reasonably practicable having regard to the exigencies of military operations.
(3) For the purposes of subsection (1) of section 54 of this Ordinance 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 sub- section (2) of this section.

Investigation of, and summary dealing with, charges 77.
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 against any provision of this Part of this Ordinance 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 prescribed manner.

Investigation of charges by commanding officer.

78.
78.

(1) After investigation, a charge against an officer below the rank of lieutenant-colonel or against a warrant officer may, if an authority has power under the following provisions of this Part of this Ordinance to deal with it summarily, be so dealt with by that authority (in this Ordinance referred to as "the appropriate superior authority") in accord- ance with those provisions.
(2) After investigation, a charge against a non-commissioned officer or soldier may be dealt with summarily by his commanding officer, subject to and in accordance with the following provisions of this Part of this Ordinance.

Charges to be dealt with summarily or by court- martial.

(3) Any charge not dealt with summarily as aforesaid shall after investigation be remanded for trial by court-martial.
(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 a ,,ainst a non-commissioned officer or soldier, which is )t one which can be dealt with summarily, the commanding officer may dismiss the charge if he is of 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 the 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.

79.
79.

(1) The following provisions of this section shall have effect where the commanding officer has investigated a charge against a non- commissioned officer or soldier.
(2) If— (a) the charge is not one which can be dealt with sum- marily and the commanding officer has not dismissed 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-commissioned officer— (i) severe reprimand or reprimand; • Further pro- ceedings on charges against non- comissioned officers and soldiers.
'Ft 7V 30 (ii) where the offence has occasioned any expense, loss or damage, stoppages; (iii) admonition; (b) if the accused is a soldier— (i) detention for a period not exceeding twenty- e:211t clays or, if tqe accused is on active service, field punishment for a period not exceeding twenty-eight days; (ii) a fine of a sum not exceeding the equivalent of twenty-one days pay; (iii) where the offence has occasioned any expense, loss or damage, stoppages; (iv) confinement to barracks for a period beginning with the day of the sentence and not exceeding twenty-eight days; (v) extra guards or piquets; (vi) admonition.
(4) 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.
(5) Notwithstanding anything in subsection (3) of this section, where the commanding officer has determined that the accused is guilty and if the charge is dealt with summarily will award punishment other than severe reprimand, reprimand, admonition, confinement to barracks, extra guards or piquets or where a finding of guilty (whatever the punish- ment awarded) will involve a forfeiture of pay, 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 pre- scribed steps with a view to the charge being tried by court-martial.
(6) 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 authority to whom the charge is referred may refer the charge back to the commanding officer to be dealt with summarily; and on any such reference subsections (3), (4) and (5) of this section shall apply as if the commanding officer had 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.
of& Further pro- 80.
(1) After investigating a charge against an officer or warrant ceodings on char ges officer, the commanding officer shall, unless he has dismissed the charge, against cers and war- or the case 'is one where he has power, and proposes, to direct trial by rant officers field court-martial, submit it in the prescribed manner to a higher author- ity 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.

(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 superior 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 author- ity 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 punishments, that is to say— (a) a fine of a sum not exceeding the equivalent of twenty- one days pay; 1',K4 •,‘ 31 (b) severe reprimand or reprimand; (c) where the offence has occasioned any expense, loss or damage, stoppages.
(6) Notwithstanding anything in subsection (4) of this section, 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) of subsection (5) of this section or stoppages, or where a finding of guilty will involve a forfeiture of pay, the authority 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 the authority shall not record a. finding but shall take the prescr=ibed steps with a view to the charge being tried by court-martial.
Ordinance, where a charge— 81.

(1) Notwithstanding anything in sections 79 and 80 of this Dismissal of arges referred to higher (a) has been referred to higher authority with a view to authority.
its being tried by court-martial, or (b) has been submitted to higher authority for determina- tion how it is to be proceeded with, that authority may, subject to the provisions of this section 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) In a case falling within paragraph (a) of subsection (1) of this section, a charge shall not be referred back where the accuse has elected to be tried by court-martial and has not withdrawn his election.

(3) 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 commanding officer thinks fit.

82.
82.

(1) In this Ordinance the expression "commanding officer", in relation to a person charged with an offence, means the officer for the time being commanding the unit to which the person belongs or is attached.

(2) The following persons may act as appropriate superior authority in relation to a person charged with an offence, that is to say any general officer, flag officer, air officer or brigadier having power to convene ordinary courts-martial.
(3) Rules made for the purposes of this section may confer on officers, or any class of officers, who by or under the rules are author- ised 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 rules, to officers of a class so specified.

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

83.
83.

(1) The charges which may not be dealt with summarily by a commanding officer, the charges which may not be dealt with summarily 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 permission of an officer authorised to convene a court-martial for the trial of the accused, shall be such as may be specified by or under rules.
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.

Limitation on powers of summary dealing with charges.
(2) In such cases as may be specified in that behalf by or under such rules, the powers of a commanding officer or appropriate superior authority to award punishment shall be subject to such limita- tions as may be specified.

Courts-martial: general provisions 84.


 Subject to the provisions of this Ordinance, a court-martial under this Ordinance (hereinafter referred to as an "ordinary court- martial") 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, ordinary court-martial., 5 38 Trial by, and powers of, field court- martial.

32 • 85.
(1) Where an officer commanding a body of troops on active service— (a) being an officer (whether military, naval or air force) to whom under subsection (1) of section 80 of this Ordinance a charge has been submitted for determining 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 sum- marily or which in his opinion ought not to be so dealt with; or (c) being the accused's commanding officer or the appro- priate superior authority who has investigated a charge on which the accused has 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 rourt-martial, except that where the court consists of less than three officers the sentence shall not exceed imprisonment for a term of two years.

Officers hay- ing powers to convene courts-martial.

the Governor.

86.
the Governor.

86.

(1) An ordinary court-martial may be convened by the Corn- mander or any officer authorised to convene ordinary courts martial by (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 courts-martial— (a) may be made subject to restrictions, reservations, exceptions or conditions; (b) may be addressed to officers by name or by designation of their offices, and may be issued or given to a named or designated officer, and to the person for the time be- ing 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; (c) may be varied or may be revoked either wholly or in part by the Governor.
Constitution of ordinary courts-martial.

and not less than two other officers: 87.

(1) An ordinary court-martial shall consist of the president Provided that an ordinary court-martial shall consist of five members 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 before 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 Her Majesty's military forces, is subject to service law and has been an officer in any of the armed forces of the Crown for a period of not less than two years or for periods amounting in the aggregate to not less than two years.

(3) Not less than two of the members of an ordinary court- martial shall be of a rank not below that of captain.
(4) The president of an ordinary court-martial shall be appointed by order of the convening officer and shall not be under the rank of field officer unless in the opinion of the convening officer a field officer having suitable qualifications is not, with due regard to the public service, available; and in any event the president of an ordinary court- martial shall not be under the rank of a captain.
(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.

e 33 (6) An officer under the rank of captain shall not be a member of an ordinary court-martial for the trial of an officer above that rank.

88.
88.

(1) A field court-martial shall consist of the president and not less than two other officers, or, if the convening officer is of opinion that three officers having suitable qualifications are not available without serious detriment to the public service, shall consist of the president and one other officer.

(2) Save as hereinafter provided, the members of a field court- martial shall be persons belonging to Her Majesty's military forces 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.

(4) The members of a field court-martial, otlier than the pre- sident, shall be appointed by order of the convening officer or in such other manner as may be prescribed.

Constitution of field courts-martial.

89.


(1) The officer who convenes a court-martial shall not be a prSusvpilsokmne3nt ara sy IJ tJ ;14 member of that-court-martial: to constitu- tion of Provided that if in the case of a field court-martial it is not practi- courts-martial.

cable in the opinion of the convening officer to appoint another officer as president, 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, has 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 inquiry 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 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 military officers having suitable qualifications is not available to form the court, and cannot be made available with due regard to the public service, the convening officer may, with the consent of the proper naval or air force authority, appoint any naval or air force officer as president in lieu of a military officer or as any other member of the court in lieu of or in addition to a military officer or military officers: Provided that no naval or air force officer shall be qualified to act in relation to a court-martial unless he is of corresponding rank to that which would have been required in the case of a military officer and has been an officer in any of the armed forces of the Crown for the like period or periods as would have been so required.
(4) Where— (a) the officer convening an ordinary court-martial appoints a captain to be president, being of opinion that a field officer having suitable qualifications is not with due regard to the public service available; (b) an officer directs that an offender shall be tried by a field court-martial, being of opinion that it is not possible without serious detriment to the public service that the offender should be tried by an ordinary court- martial, or the officer convening a field court-martial appoints two officers only -to be members of the court, being of opinion that three officers 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 appoints an officer not being a military officer as president or any other member of the court, being of opinion that the necessary number of military officers having suitable qualifications is not available to form the court and 540 34 cannot be made available with due regard to the public service, the order convening the court-martial shall contain a statement of such opinion, and that statement shall be conclusive.
(5) In this section the expression "military officer" means any offiter belonging to Her Majesty's military forces and subject to service law.

90.

(1) Subject to the provisions of this section, a court-martial Place for sitting of courts-martial shall sit at such place (whether within or without British Guiana) as may and adjourn- be specified in the order convening the court; and the convening officer ment to other places.

may convene it to sit at a place outside the limits of his command.
(2) A court-martial sitting at any place shall, if the convening officer directs it to sit at some other place, and may without any such direction if it appears to the court requisite in the interests of justice to sit at some other place, adjourn for the purpose of sitting at that other place.

Courts-martial: provisions relating to trial Challenges accused.

by 91.
by 91.

(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 names of the members of the court shall be read over in the presence of the accused before they are sworn, and he 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: third 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 below the legal minumum shall, be filled in the prescribed manner by another officer.

92.

(1) An oath shall be administered to every member of a court- Administra- tion of oaths.
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 the 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 how- ever 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 evidence in support there- of 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 prescribed time by the prescribed person and in the prescribed manner.

Courts-martial to sit in open court 93.

(1) Subject to the provisions of this section, a court-martial shall sit in open court and in the presence of the accused.
(2) Nothing in subsection (1) of this section shall affect the power of a court-martial to sit in camera on the ground that it is necessary or expedient in the interests of the administration of justice to do so; and without prejudice to that power a court-martial may 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 any evidence to be given or statement to 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.
541 35 (3) A court-martial shall sit in closed court while deliberating their finding or sentence on any charge, (4) A court-martial may sit in closed court on any other deli- beration 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.

94.
94.

(1) Where, whether before or after the commencement of the Dissolution of trial, it appears to the convening officer necessary or expedient in the courts-martial.

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 minimum, 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 president 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 trial it is represented to the convening officer that owing to the sickness or other incapacity of the accused it is impracticable having regard to all the circumstances to con- tinue the trial within a reasonable time, the convening officer-may dissolve the court.

(5) Where a court-martial is dissolved under the foregoing provisions of this section the accused may be tried by another court- martial.
95.

(1) Subject to the provisions of this section, every question to Decisions, of be determined or, a trial by court-martial shall be determined by a courts-martial.

majority of the votes of the members of the 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 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.

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

96.
96.

(1) Without prejudice to 'the provisions of section 93 of this Finding and Ordinance, the finding of a court-martial on each charge shall be sentence.

announced in open court.

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

(3) Any sentence .of a court-martial, together with any re- commendation to mercy, shall be announced in open court, and a sentence of a court-martial shall be, and be announced as being, subject to con- firmation.

97.
97.

(1) An accused charged before a court-martial with an offence PowvictPower tooff ecnocne- under this Ordinance, may, on failure of proof of the offence having been other than committed under circumstances involving a higher degree of punishment, that charged.

Second Schedule.

Rules of evidence.

36 be found guilty of the offence as having been committed under circum- stances 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 attempt- ing to commit an offence may be convicted on that charge notwithstand- ing that it is proved that he actually committed the offence.
(4) Where an accused is charged before a court-martial under section 70 of this Ordinance in respect of attempting to commit a civil offence, he may be convicted on that charge notwithstanding 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 70 of this Ordinance, 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, or in the case of an act committed outside British Guiana, if he had been tried by a civil court in England, he might have been found guilty of another civil offence, then if the court finds that he has committed that other civil offence he may be convicted of an offence against section 70 of this Ord- inance 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 specified in relation thereto in the second column of that schedule.

98.
98.

(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 England, and no person shall be required in proceedings before a court-martial to answer any question or to produce any document which he could not be required to answer or produce in similar proceedings before a civil court in England.
(2) Notwithstanding anything in subsection (1) of this sec- tion, a statutory declaration shall, in a trial by court-martial, be admis- sible 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 admis- sible 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 has, 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 or such shorter time as the court-martial may allow, been served on the commanding officer of the accused; Or • (CI 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 prescribed form on the commanding officer or accused requiring that oral evidence shall be given in lieu of the declaration; or (d) in any case, if the court-martial is of opinion that it is desirable in the interests of justice that oral evidence should be given in lieu of the declaration and declares that it is of that opinion.
(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 England.

91 1 37 99.

A witness before a court-martial or any other person whose duty it is to attend on or before the court shall be entitled to the same immunities and privileges as a witness before the High Court of Justice in England.
Privilege of witnesses and others at courts-martial.

100.

(1) Where in British Guiana any person other than a person Offences by civilians in relation to subject to military law under this Ordinance — (a) having been duly summoned to attend as a witness courts-martial.
before a court-martial, fails to comply with the sum- mons; or (b) refuses to swear an oath when duly required by a court-martial to do so; or (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 questions 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 person is acting as a member thereof 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 having power to commit for contempt, have been contempt of that court, the president of the court-martial may certify the offence of that person under his hand to any court of law in British Guiana, being a court having power to commit for contempt, and that court of law may thereupon in- quire into the alleged offence and after hearing any witnesses who may be produced against or on 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 manner as if he had been guilty of contempt of the court to which the offence is certified.
(2) In this section "court-martial" means a court-martial held under service law.

Affirmations.

101.
If — (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 contrary to his religious belief; or (b) it is not reasonably practicable to administer an oath to such a person as aforesaid in the manner appro- priate to his religious belief, he shall be required to make a solemn affirmation in the prescribed form instead of taking an oath.
Confirmation, revision and review of proceedings of courts-martial 1102.

(1) re a court-martial finds the accused guilty on any charge, the record of the proceedings of the court-martial shall be trans- mitted to a confirming authority for confirmation of the finding and sentence of the court on that charge.

he (2) A finding of guilty or sentence of a court-martial shall not Confirmation of proceedings of courts- martial.
be treated as a finding or sentence of the court until confirmed: Provided that this subsection shall not affect the keeping of the accused in custody pending confirmation, or the operation of sections 103 and 104 of this Ordinance or the provisions of this Ordinance as to con- firmation or approval.

103.
103.

 At any time after a court-martial has sentenced the accused, but not later than the prescribed time after confirmation is com- pleted, the accused may in the prescribed manner present a petition against finding or sentence or both.

Petitions against find- ing or sentence.

 i44 38 Revision of findings of courts-martial.

104.
104.

(1) A confirming authority may direct that a court-martial shall revise any finding of guilty come to by the court in any case where it appears to him (a) that the finding 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.

Powers of confirming authorities.


(2) Any such direction shall be accompanied by the necessary directions for the reassembly of the court, and shall contain a statement of the reasons for the direction.

(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.
(5) Where on any such revision the court either adheres to the original finding or substitutes therefor a finding of guilty of another offence, or of the same offence in different circumstances, the court may substitute a different sentence for the original sentence: Provided that the court shall not have power to substitute a sentence of a punishment greater than the punishment or the greatest of the punish- ments awarded by the 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 confirming authority, or the revision of the original find- ing if adhered to by the court on such a previous direction; 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 original 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.
105.
(1) Subject to the provisions of section 104 of this Ordinance and to the following 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 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, there was a mis- carriage 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) he 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 sentence of a court-martial is invalid, he may in lieu of withholding confirmation of the sentence substitute therefor a sentence of any punishment or punishments which could have been awarded by the court, not behalf greater than the punishment or the greatest of the punishments awarded by the court and not in his opinion more severe than that punishment or those punishments.
(4) In confirming the sentence of a court-martial, the confirm- ing authority may — (a) remit in whole or in part any punishment awarded by the court; or 39 (b) commute any such punishment for one or more punish- ment or punishments provided by this Ordinance, be- ing less than the punishment commuted.
(5) A finding or sentence substituted by the confirming author- ity or any sentence having effect after the confirming authority has 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 promul- gated; and in the event of any such substitution, remission or commuta- tion as aforesaid the finding or sentence shall be promulgated 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 have effect as from the promulgation thereof.

106.
106.

(1) Subject to the provisions of this section, the following shall have power to confirm the finding and sentence of any court-martial, that is to say — Confirming authorities.
(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 Governor to act as confirming authority, whether for the particular case or for a specified class of cases; or (ii) the Governor.
(2) The following shall not have power to confirm the finding or sentence 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 ordinary court-martial may reserve for confirmation by superior authority findings or sentences or both in such circumstances as may be specified by or under the authorisation, and the powers conferred by subsection (1) of this section shall be exercisable subject to any such reservation.

107.

A sentence of death shall not be carried into effect unless it has been approved by the Governor.

108.
108.

(1) A finding or sentence which has been confirmed may at any time be reviewed by a reviewing authority, and if after confirmation of a finding or sentence a petition is duly presented under section 103 of this Ordinance against the finding or sentence then, subject to the provisions of this section, the finding or sentence shall be so reviewed as soon as may be after the presentation of the petition and after consideration of the matters alleged therein.
(2) The reviewing authorities for the purposes of this Ordin- ance are — Approval as well as con- firmation re- quired for death senten- ces.

Review of findings and sentences of courts- martial.

46 40 (i) the Governor, or (so far as the delegation ex- tends) any officer to whom the powers of the Governor as reviewing authority, or any of those powers, may be delegated by the Governor; or (ii) any officer superior in command to the confirm- ing authority.
(3) If an application for leave to appeal is received by the Registrar of the appeal court under the provisions of Part V of this Ordin- ance, so much of subsection (1) of this section as requires the review of a finding or sentence against which a petition has been presented shall thereupon cease to apply to the finding to which the application for 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 find- ing and, if the sentence relates only to the finding 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 punishment as are conferred on a confirming authority by subsections (2) to (4) of section 105 of this Ordinance, and any substituted finding or sentence, or sentence having effect after the remission or commutation of punishment, shall be treated for all pur- poses 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 promul- gation thereof.

Reconsider- 109- ( 1) Sentences of imprisonment and detention may be recon- ation of sen- tences of im- sidered by the Commander or by such officers as may be from time to pr onism ent and detention.
time appointed by the Governor; and if on any such reconsideration it appears that, the conduct of the offender 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 at any time after confirmation, and where after review, a sentence remains effective it shall be reconsidered at intervals of six months: Provided that delay in complying with this subsection shall not in.
validate the sentence.

Review of summary findings and awards.

Review of 110.

(1) Where a charge has been dealt with summarily, otherwise summary findings and than by the dismissal thereof, the authority hereinafter mentioned may awards.

 at any time review the finding or award.

(2) The said authority is — (a) the Governor; or (b) any military, naval or air force officer superior in com- mand to the officer who dealt summarily with the charge.
(3) Where on a review under this section it appears to the said authority expedient so to do by reason of any mistake of law in the pro- ceedings on the summary dealing with the charge or of anything occurring in those proceedings which in the opinion of the authority involved sub- stantial injustice to the accused, the authority may quash the finding; and if the finding is quashed the authority shall also quash the award.
(4) 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 combination or are, taken together, too severe, the authority may vary the award by sub- Provisions where accused found insane.
41 stituting such punishment Pr 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.

Findings of insanity, etc.

111.


(1) Where, on the trial of a person by court-martial, it appears to the court that the accused is by reason of insanity Unfit to stand his 'trial, the court shall so find; and if the finding is confirmed in accord- 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 rules until the directions of the Governor are known or until any earlier time at whiclu 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 in- sanity, to support a finding that the accused was guilty of any offence, but that at the time of the acts 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 manner as may be provided by or under rules until the directions of the Governor are known.
(3) In the case of any such finding as aforesaid the Governor may give orders for safe custody of the accused during his pleasure in such place and in such manner as the Governor thinks' fit.

(4) A finding under subsection (1) of this section shall not have effect unless and until the finding has been confirmed by an author- ity 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 confirming 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 pro- visions of this Ordinance as to revision, confirmation and review (and in particular the provisions of this Ordinance which confer power to sub- stitute for any finding any 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.
Commence- ment of sen- tences.

Duration of sentences of imprisonment or detention.

Commencement, suspension and duration of sentence 112.
A military sentence of imprisonment or detention or a sentence of field punishment shall, subject to the provisions of section 136 of this Ordinance (which empowers the appeal court 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 be- ginning of the day on which sentence was originally pronounCed by the court-martial trying the offender or, as the case may be, was originally awarded by his commanding officer.
113.
(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, naval or air force custody or the custody of a civil authority or (not having been taken into such custody) returns 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 Rules that during the last-mentioned period he was — (a) in the custody of a civil authority; or (b) if and in so far as Imprisonment and Detention Rules so provide, in the custody of any military, naval or air force authority of any other country or territory as respects which arrangements have been made under section 116 of this Ordinance, 42 otherwise than on account of an offence committed by him while unlaw- fully at large, the last-mentioned time shall not be disregarded in calcul- ating the period for which he is liable to be imprisoned or detained in pur- suance of the military sentence.
(2) In subsection (1) of this section the expression "civil authority" means a civil authority (whether of British Guiana or any other country), authorised by law to detain persons, and includes a police officer.
(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 Rules 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 be- ginning with the day after that on which he is 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 subsection (3) of this section or who is otherwise allowed, in pursuance of Imprisonment and Detention Rules, out of military custody for any period or subject to any condition shall, on failure to return at the ex- piration 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 tempor- 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 or 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.

114.

 Restrictions on serving of sentences of tary sentence of detention in a military or civil prison: detention in prisons.
A person shall not be required to serve any part of a mili- Provided that in such cases and subject to such conditions as may be specified by or under Imprisonment and Detention Rules a person serving such a sentence may be temporarily detained in a military or civil prison for any period not exceeding seven days.

115.

 Special pro- imp risonment and corn- A person sentenced to death or visions as to civil prisons.
mitted or transferred to a civil prison in pursuance of rules made under this Part of this Ordinance or of Imprisonment and Detention Rules shall while in that prison be confined and otherwise dealt with in the same manner as a person confined therein under a like sentence of a civil court.

116.
116.

The Governor may from time to time make arrangements Special pro- visions as to with the authorities of any other country or territory whereby sentences carry out or of death passed by courts-martial may in accordance with rules made serving of sentences out- side British under this part of this Ordinance be carried out in establishments under the control of those authorities and military sentences of imprisonment Guiana.
or detention may in accordance with Imprisonment and Detention Rules be served wholly or partly in such establishments.

Country in which sen- tence of imprisonment or detention to be served.

117.
117.

(1) 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 more than twelve months shall as soon as practicable after the confirmation of the sentence is completed be removed to British Guiana.
(2) Where a person has been sentenced under this Ordinance by 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 (1) of this section, direct that he shall not be required to be removed to British Guiana until he has served 549 1 43 such part of his sentence, not exceeding (in the case of a sentence of more than two years imprisonment) two years, as may be specified in the direc- tion; and in determining whether or not to exercise the powers conferred by this subsection, a confirming or reviewing authority shall have regard to any recommendation in that behalf made by the court-martial.
(3) 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 (2) 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.
(4) Any direction given under this section, and the revocation of any such direction, shall be promulgated.

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

118.
118.

(1) It shall be the duty, in so far as rules made under this Part nudes oirectorot of this Ordinance or Imprisonment and Detention Rules so provide, of Prisons to the Director of Prisons (not being military prisons) to receive any person prerFinve.... duly sent to any prison in pursuance of such rules and to confine him until execution of the sentence is completed or the prisoner is discharged or delivered over in due course of law.
(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 com- manding officer it shall be the duty of the Director of Prisons or the police officer in charge of a police station or of any person in charge of any other place in which prisoners may be lawfully confined to keep that per- son in custody for a period not exceeding seven days unless the said person is earlier discharged or delivered over in due course of law.
Trial of persons ceasing to be subject to military law under the Ordinance and time limited for trials 119.

(1) Subject to the provisions.
of section 120 of this Ordinance, Where an offence under this Ordinance triable by court-martial has been punishment Trialand offcers eunaniefr tse committed, or is reasonably suspected of having been committed, by any hi o din person while subject to military law under this Ordinance, then in re- Ifgtwigiffsetnall; lation to that offence he shall be treated, for the purposes of the pro- ceasing to be subject there- visions of this Ordinance relating to arrest, keeping in custody, investiga- t o tions of charges, trial and punishment• by court-martial (including con- firmation, review, and reconsideration) and execution of sentences as con- tinuing subject to military law under this Ordinance notwithstanding his ceasing at any time to be subject thereto.
(2) Where, while a person is in military custody by virtue of this section (whether before, during or after trial) he commits, or is reasonably 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 offence he 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 com- mitted or is suspected of having been committed and as continuing sub- ject thereto thereafter.
(3) Where by virtue of either of 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 Ordinance, 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 as respects any time after he has been sentenced for the offence in question and the sentence has been confirmed the said pro- vision shall apply to him (in any case) as to a soldier.
550 44 (4) Where apart from this subsection any provision of this Ordinance 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.

120.
120.

(1) No person shall be tried by court-martial for any offence, Limitation of time for trial other than one against section 33 or section 34 of this Ordinance or deser- of offences tion, unless the trial is begun within three years after the commission of under this the offence, there being disregarded any time during which he was a Ordinance.
prisoner of war and any time during which he was illegally absent: Provided that — (a) in the case of an offence against section 70 of this Ordinance, where proceedings for the corresponding civil offence must, by virtue of any written law, be brought within a limited time, that limit of time shall apply to the trial of the offence under the said section 70 in substitution for the foregoing provisions of this subsection; (b) subject to any such limit of time as is mentioned in paragraph (a) of this proviso, a person may be tried by court-martial for a civil offence committed outside British Guiana notwithstanding that it was committed more than three years before the beginning of the trial, if the Director of Public Prosecutions 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 Her Majesty's forces continuously in an exemplary manner for not less than three years, he shall not be tried for that offence.
(3) A person shall not be triable by virtue of subsection (1) of section 119 of this Ordinance unless his trial is begun within three months after he ceases to be subject to military law under this Or- dinance or the trial is for a civil offence committed outside British Guiana and the Director of Public Prosecutions consents to the trial: Provided that this subsection shall not apply to an offence against section 33 or section 34 of this Ordinance or desertion.
(4) A person shall not be arrested, or kept in custody by virtue of subsection (1) of section 119 of this Ordinance for an offence at any time after he has ceased to be triable for the offence.

Relations between military and civil courts and finality of trials 121.
(1) Save as provided in section 145 of this Ordinance, nothing in this Ordinance shall restrict the offence for which persons may be tried by any civil court, or the jurisdiction of any 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 service law to punishment for any act constituting (whether wholly or in part) that offence, or in pursuance of this Ordinance he has been punished for any such act by his commanding officer or-an appropriate superior author- ity the civil court shall, in awarding punishment, have regard to his punishment in pursuance of this Ordinance.

Powers of civil courts.


Persons not to be tried under this Ordinance for offence al- ready dis- posed of.

122.
(1) Where a person subject to military law under this Ordin- ance — (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 (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 appropriate superior authority; or (c) has had an offence condoned by his commanding offi- cer, he shall not be liable in respect of that offence to • 5 5 1 45 be tried by court-martial or to have the case dealt with summarily by his commanding officer or the appro- priate 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 finding 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 sentenc- ing him if confirmation of the sentence of the cowl- martial is withheld or the sentence is quashed; (c) a case shall be deemed to have been dealt with sum- marily by the commanding officer or an appropriate superior authority notwithstanding that the finding of that officer or authority has been quashed, or the award of that officer of authority quashed or var- ied, on the review thereof; (d) an offence shall be deemed to have been condoned by the commanding officer or a person alleged to have committed 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 cir- cumstances informed him .that he will not be charged therewith; (e) a person ordered under subsection (2) of section 58 of this Ordinance or the corresponding provisions of any service law, to be imprisoned or to undergo deten- tion for an offence against that section or provision shall be deemed to have been tried by court-martial for the offence.
(3) 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 the later court-martial is issued not later than twenty-eight days after the promulgation of the decision to withhold confirmation.
(4) Save as provided in the foregoing provisions of this section, proceedings for an offence against this Ordinance (whether before a com- manding officer or appropriate superior authority or before a court- martial) shall not be barred on the ground of condonation.

Inquiries 123.
Inquiries 123.

(1) Subject to and in accordance with the provisions of rules made under this Part of this Ordinance (hereinafter referred to as Board of Inquiry Rules), the Governor or any officer empowered by or under such rules so to do, may convene a board of inquiry to investigate and xeport on the facts relating to — Boards of inquiry.
(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 of referred to such a board by the Governor or any such officer as aforesaid, and a board of inquiry shall, •if directed so to do, express their opinion on any question arising out of any matters referred to the board.
(2) A board of inquiry shall consist of such number of persons 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 hot below the rank of lieutenant or corresponding rank.
(3) Evidence given before a board of inquiry shall not be admissible against any person in proceedings before a court-martial, com- manding officer or appropriate superior authority other than proceedings 552 Inquiries into absence, 46 for an offence against section 59 of this Ordinance or for an offence against section 70 of this Ordinance when the corresponding civil offence is perjury.

124.

.

(1).
124.

.

(1).

Where a board of inquiry inquiring into the absence of an officer or soldier reports that he has been absent without leave or other sufficient cause for a period specified in the report, not being less than twenty-one days, a record of the report shall in accordance with Board of Inquiry Rules be entered in the service books.
(2) A record entered in pursuance of subsection (1) of this section shall, unless the absentee subsequently surrenders or is arrested, or the report of the board of inquiry is annulled by the Governor or a subsequent board of inquiry, have the like effect as a conviction by court- martial for desertion.

 • Restitution or compensation for theft, etc.

Miscellaneous provisions 125.


(1) The following provisions shall have effect where a person has been convicted by court-martial of unlawfully obtaining any property, 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 has 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 unlawfully obtained, the property may be ordered to be delivered to the person appearing to be the owner of the property unlawfully obtained.

(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 person appearing to be the owner of the property unlawfully obtained such sum as may be specified in the order as or towards compensation 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 recovery of the property unlawfully obtained.
(5) Where any of the property unlawfully obtained has been, sold or given in pawn to some other person who did not then know it to have been unlawfully obtained, an order may be made that, subject to the restitution to the owner thereof of the property sold or given as afore- said, 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 giving in pawn), such sum as may be specified in the order as or towards compensation for the loss 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 to the restitution to the owner thereof of the property given as aforesaid, there shall be restored to the said other person 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 "appearing" means appearing to the court, officer or authority making 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 pro- visions of this Part of this Ordinance as to the confirmation and review of the proceedings of courts-martial shall apply to an order under _this section as 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 pres- cribed under Part V of this Ordinance as the period within which an application for leave to appeal to the appeal court against the conviction must be lodged; and • • vvv 47 (b) if 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 shall hot take effect if the conviction is quashed on appeal; (d) the appeal court may by order annul or vary the order although the conviction is not quashed; (c) 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 V of this Ordinance.
(10) Notwithstanding anything in subsection (9) of this sec- tion, an order under this section shall not, so far as it relates to the deli.

very of property to the person appearing to be the owner thereof, be suspended 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 section shall not bar the right of any person, other than the offender or a person claiming through him, to re- cover any property delivered or paid in pursuance of such an order from the person to whom it is delivered or paid.

126.

127.

The appointment of a judge advocate to act at any court- 01PF:Pgrt martial may be made by the Governor or by the convening officer.

 advocates.
advocates.

Any finding, sentence, determination or other thing re- Promulgation' 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 specified by regulations or as the confirming authority or reviewing authority, as the case may be, may direct.

128.
128.

(1) The record of the proceedings of a court-martial shall be peruoscreoedgi ng sr u kept in the custody of the Commander for not less than the prescribed of court- period, being a period sufficient to ensure that the rights conferred by irlIgagaicla nd subsection (2) and subsection (3) of this section shall be capable of being accused reef copy th.

exercised.
exercised.

(2) Subject to the provisions of this section, any person tried by a court-martial shall be entitled to obtain from the Commander on demand at any time within the relevant period and on payment therefor at such rate as may be prescribed a copy of the record of the proceedings 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 Commander 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 Commander on demand at any time within the period of twelve months from the death and on pay- ment therefor at the prescribed rate a copy of the record of the proceed- ings of the court.
(4) If, on an application in pursuance of either subsection (2) or subsection (3) of this section for a copy of the record of any pro- ceedings, the Governor certifies that it is requisite for reasons of security that the proceedings or any part thereof should not be disclosed, 'the applicant shall not be entitled to a copy of the proceedings or part to which the certificate relates.
(5) In this section the expression "the relevant period", in re- lation to any person tried by court-martial, means the period of five years beginning with the date of his acquittal or, where he was convicted, of the promulgation of the findings and sentence or, where a finding of guilty was not confirmed, of the promulgation of the withholding 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 charges and 554 48 convicted on another or others, the relevant period 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 of the withholding of con- firmation 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 proceed- ings with respect to the confirmation or revision of the findings and sentence of the court-martial.

Indemnity for prison officers, etc.

 129.
129.

 No action shall lie in respect of anything done by any person in pursuance of a military sentence of imprisonment or detention if the doing thereof would have been lawful but for a defect in any warrant or other instrument made for the purposes of that sentence.

Interpre- tation of Part (V. Rules of Procedure.

130.
(1) In this Part of this Ordinance — "civil prison" means a prison 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 successor 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 control of the Governor where persons may be required to serve military sent- ences of imprisonment or detention, or military esta- blishment as defined in section 143 of the Imperial Act; "military prison" means separate premises designated by the Govepor for perscms serving military sentences of imprisonment; "prescribed" means prescribed by Rules of Procedure; "prison" means a civil prison or a military prison.
(2) References in this Part of this Ordinance to a military sentence of imprisonment are references to a sentence of imprisonment passed by a court-martial.

(3) References in this Part of this Ordinance 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 of ficer.

• (4) References in this Part of this Ordinance to warrant offi- cers do not include references to acting warrant officers.
(5) References in this Part of this Ordinance to non-commis- sioned officers include references to acting non-commissioned officers and also to acting warrant officers.

131.

(1) Subject to the provisions of this section, the Governor may make rules (in this Ordinance referred to as Rules of Procedure.)
with respect to the investigation and trial of, and awarding of punish- ment for, offences cognizable by courts-martial, commanding officers and appropriate superior authorities and with respect to the confirma- tion 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 of charges before commanding officers and appropriate superior authorities; the manner in which charges so brought are to be investigated, 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 investigating or dealing summarily with such charges or otherwise as a preliminary to the trial thereof by court-martial, so however that the Rules shall make provision for the application of section 92 of this Ordinance in any case where the accused re- quires that evidence shall be taken on oath; 49 (iii) the addition to, or substitution for, a charge which has been investigated of a new charge for an offence dis- closed 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 courts-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 accused at such trials; (viii) procuring the attendance of witnesses before courts- martial and at the taking of evidence in pursuance of rules made under paragraph (ii) of this subsection; applying in relation to proceedings before commanding officers
 and appropriate superior authorities and otherwise in relation to proceedings prior to trial by court-martial all or any of the provisions of sections 98, 99, 100 and 101 of this Ordinance; (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 varia- tions specified in the finding if it appears to the court that the difference is not so material as to have pre- judiced the accused in his defence; (xii) the forms of orders and other documents to be made for the purposes of any provision of this Part of this Ordinance or the rules relating to the investigation or trial of, or award of punishment for, offences cogniz- able by courts-martial, commanding officers or appro- priate superior authorities or to the confirmation and revision of the findings and sentences of courts-mar- tial.
(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 a civil court in England, or other- wise than subject to the like conditions, as nearly as circumstances admit, as those subject to which indictments are so amendable, and shall *vat be exercisable by a court-martial (otherwise than for the purpose only of correcting a mistake in the name or description 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 exer- cise 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 effect of advice or rulings given to the court by a judge advocate on questions of law; (ii) for requiring or authorising the president of a court- martial, 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 members of the court and any officers under in- struction ,and for applying to the judge advocate and his proceedings on any such determination such of the provisions of this Ordinance relating to the court or its members and the proceedings thereof as may be specified in the Rules.
(5) In subsection (4) of this section references to questions of law include references to questions of joinder of charges and as to the trial of persons jointly or separately.

50 (6) Rules of Procedure may make provision for determining the cases 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 re- quest of the accused take into conAeration 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 also make pro- vision for conferring on the court taking one or more offences into con- sideration, 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 into consideration as well 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 respect to which such Rules may be made shall be governed, with such modifications as shall be necessary for the purpose, by the Rule of Procedure made under section 103, 104 and 105 of the Imperial Act.

Imprisonment and Detention Rtdes.

132.
(1) The Governor may make rules (in this Ordinance re- ferred to as Imprisonment and Detention Rules) 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 mili- tary sentences of imprisonment and detention passed on them under this Ordinance; (ii) the committal of persons under military sentences of imprisonment or detention to the appropriate estab- lishment or form of custody, their removal from one country or place to another and from one establish- ment or form of custody to another and their release on the coming to an end of any term of imprisonment or detention; (iii) the provision, classification, regulation and manage- ment of military establishments; (iv) the classification, treatment, employment, discipline and control of persons serving military sentences of imprisonment or detention in military establishments or otherwise in military custody; (v) the temporary release on compassionate ground of persons serving such sentences in such establish- ments or custody as aforesaid, the cases in which, periods for which and conditions subject to which they may be allowed out of any such establishment or cus- tody and the remission of part of any such sentence for good conduct and industry; (vi) the appointment, powers and duties of inspectors, visitors and governors, and of officers and other memr bers of the staff, of military establishments.
• (2) Until suuch time as Imprisonment and Detention Rules are made under this section, the matters with respect to which such rules may be made shall be governed, with such modifications as shall be necessary for the purpose, by the Imprisonment and Detention Rules made under sections 122 and 123 of the Imperial Act.

133.
133.

(1) The Governor may make rules (in this Ordinance re- Board of hululrY Rules' ferred to as Board of Inquiry Rules) with respect to the convening, con- stitution 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 following matters, that is to say — (i) the rules of evidence to be observed by boards of inquiry and the taking of evidence before such boards, so however that the rules shall provide for the taking of evidence on oath or affirmation except in circum- stances such that if the evidence was being taken at a court-martial an oath could be dispensed with; 339 • 51 that the Appeal Court may, notwiths!anding in the appeal might be decided that the point raised that they Provided are of the opinion in favour of the appellant, substantial dismiss that no the appeal if they consider miscarriage (2)If the Appeal Court allow an appeal under this Part of has actually occurred.
of justice this Ordinance, they shall quash the conviction.

· h 138.

( J) If it appe�rs to the Appeal Court that an appeila�t, �t';{�P�J1 agamst him court in 1 • d special cases.

on some charge preferred y w 1c e was tne , was proper y conv1cte convicted · 1 b h' h h · d though not properly before t e court-martia on some other charge so preferred, then, if.
the sentence court-martial on the appellant passed by the cour:-martial on the other charge, substitution sentence be passed in respect convicted, being a sentence of the charge on which the appellant severity.
of greater has been convicted but not being a sentence (2)Where an appellant for the sentence as they think proper, was not one which could lawfully for the of'ienc� of which he was convicted the Appeal Court shall pass on the appellant, which might lawfully was properly in such ' passed on him by the court-martial, of an offence passed by the be of some other offence, and it -appears by which he was tried could lawfully have found to the Appeal Court must have been satisfied of facts, which proved of that other offence, the Appeal Court may, instead of the appeal, substitute for the finding of the and pass on the passed on hi1m by the of ,the other offence for the sentence and the court-martial him guilty that the court-martial him-guiJ.ty allowing court-martial appellant court-martial, which could lawfully being a sentence , in substitution or dismissing of greater such sentence a finding of guilty as they think proper, being a sentence have been passed for that other offence but not severity.
(3)When - (a)an appellant of an offence com­ has been convicted mitted under circumstances of two degrees Appeal Court that the tried ought to have found him guilty being committed lower degree of punishment; to the and it appears court-martial by which he was as of the offence under the circumstanc;es of punishment, involving the higher or involving (b)an appellant has been convicted appears to the Appeal Court that .the which he was tried ought to have found him guilty the offence subject of allowing to exceptions or dismissing and it court-martial by of or variations, the appeal, of an offence substi­ to exceptions under ,the circumstances a finding of guilty of the the the Court may, instead tute for the finding of the court-martial offence as being committed lower degree of punishment·or as the case may be, guilty subject for the sentence passed on him by the cour,t-martial, stitution as they think proper, sentence have been passed for the offence specified of greater but not being a sentence finding, ( 4)If, on an appeal, it appears was guilty involving of the offence or variations and pass on the appellant, such severity.
to the Appeal Court that,· him, he which could lawfully in the substituted .to law for his actions, although the appellant was insane at the time the act was done, so as not to be responsible according tence passed at the trial and order the appellant under the provisions of section as on ,a special finding pellant the Appeal Court may quash the sen­ by the court-martial 111 of this Ordinance, to be kept in custody was convicted.
of the act charged being a sentence in like manner or involved of insanity by which the ap­ against in sub­ foregoing (5)The term of any sentence provisions passed by the Appeal Court unless the under any of the Court otherwise have begun to run if it had been passed in the proceedings the appeal is brought, begin to run from the time from which it would from which passed by the Appeal Court shall passed of this Ordinance of this section shall, and a sentence direct, , ble deemed for the purposes by the court-martial being a sentence to be a sentence that has been confirmed.
139.If, in the case of an appeal under this Part of this Ordinance, AI?peals to coun- made to the Court ��•.vy in that behalf a period of fourteen the Appeal Court, upon an application within Court was given, is of opinion that the decision volves a point of law of exceptional of the days from the date when the decision public importance and that it is of the Court in- 56 5 59 PART VII—BILLETING AND REQUISITIONING OF VEHICLES Billeting 163.
At any time when this section is in operation any officer of the rank of major or above commanding any part of the army may issue a billeting requisition requiring the Commissioner of Police to provide billets at such places in that area, for such numbers of mem- bers of Her Majesty's forces and, if the requisition so provides, for such number of vehicles in use for the purpose of Her Majesty's forces, being vehicles of any class specified in the requisition, as may be so specified.
Billeting requisitions.

suance of a billeting requisition — 164.

(1) Billets, other than for vehicles, may be provided in pur- Premises in which the billets may provided.
(a) in any hotel (whether licensed or not) or in any other be premises occupied for the purposes of a business con- sisting of or including the provision of sleeping accom- modation for reward; (b) in any building not falling within the last foregoing paragraph, being a building to which the public habi- tually have access whether on payment or otherwise or which is wholly or partly provided or maintained out of the funds of any local or parochial authority; (c) in any dwelling, out-house, warehouse, barn or stables; but not in any other premises.
- (2) Billets for vehicles may be provided as aforesaid in any building or on any land.

165.

(1) Where a billeting requisition has been produced to the Provision Commissioner of Police he shall, on the demand of the officer corn- of billets.
manding any portion of the army, or on the demand of an officer or soldier authorised in writing by such an officer commanding, billet on the occupier of premises falling within section 164 of this Ordinance, being premises at such place as may be specified by the officer or soldier by whom the demand is made, such number of perons or vehicles as may be required by the officer or soldier by whom the demand is made, not exceeding the number specified in the requisition.
1 (2) The Commissioner of Police shall exercise his functions under this section in such manner as in his opinion will cause least hard- ship to persons on whom billeting may take place.

(3) The Commissioner of Police may to such extent and sub- ject to such restrictions as he thinks proper authorise any police officer not below the rank of assistant superintendent, to exercise his said func- tions on his behalf, and the foregoing provisions of this section shall apply accordingly.

166.
166.

(1) Where persons are billeted in pursuance of a billeting requisition, the occupier of the premises on which they are billeted shall furnish such accommodation (including meals) as the officer or soldier demanding the billets may require, not exceeding such accommodation as may be prescribed by regulations.

(2) Where vehicles are billeted as aforesaid, the occupier of the premises shall furnish standing room for the vehicles.
(3) Where persons or vehicles have been billeted in pursu- ance of a billeting requisition they may continue to be billeted, so long as section 163 of this Ordinance continues in operation, for such period as may be required, and the allotment of billets among the persons or vehicles in question may be varied from time to time.
(4) The occupier on whose premises any person or vehicle is billeted as aforesaid shall be entitled to receive for the billeting such payment as may be prescribed by regulations: Provided that no payment shall be required in respect of vehicles billeted otherwise than in a building unless the land on which they arc billeted — (a) has its surface made up for the passage or parking of vehicles, and Accommo- dation to be provided and payment therefor.
566 60 (b) is not land where vehicles are normally allowed to stand free of charge irrespective of the person by whom they are owned or driven.

(5) Subject to the provisions of the next following subsection payment for billeting — (a) shall be made before the persons billeted finally leave, or the vehicles are finally removed from, the premises where they are billeted; and (b) where the billeting continues for more than seven days, shall be made at least once in every seven days.
(6) If for any reason payment for billeting cannot be made or fully made, as required by paragraph (a) of subsection (5) of this section, there shall be made up for the occupier an account, in such form as may be prescribed, of the amount due to him, and on pre- sentation of the account the Accountant General shall pay to the occu- pier the amounts stated in the account to be due.
(7) In relation to premises of which there is no occupier the foregoing provisions of this section shall apply as if the person entitled to possession thereof were the occupier thereof.

Appeals against bil- leting.

Compeessa- tion for damage.

167.


(1) Any person who — (a) is aggrieved by having an undue number of persons billeted upon him in pursuance of a billeting requisi- tion, or (b) claims that by reason of special circumstances he should be exempted from having persons so billeted on him, either generally or on a particular occasion, may apply to such person or persons as shall be appointed by the Gov- ernor for the purposes of this section.
(2) On any application on the grounds mentioned in para- graph (a) of subsection (1) of this section the person or persons to whom the application is made may direct the billeting elsewhere of such num- ber of the persons billeted as may seem just or may dismiss the appli- tion• (3) On any application on the grounds mentioned in para- graph' (b) of subsection (1) of this section the person or persons to whom the application is made may grant such exemption as may seem just or may dismiss the application.
(4) An application under this section shall not affect billeting pending the determination of the application.

168.

(1) Where any damage is caused to any premises by the billeting of persons or vehicles in pursuance of a billeting requisition, the occupier of the premises, or if there is no occupier the person en- titled to possession thereof, may recover from the Crown compensa- tion of an amount equal to the depreciation caused by the damage in the value of the premises.
(2) Where any person other than the recipient of compensa- tion under subsection (1) of this section has any interest in the pre- mises, being an interest the value of which is depreciated by the dam- age, he shall be entitled to recover from the recipient such part of the compensation as may be just.

Refusal to re- ceive persons billeted, etc.

169.
y pe rson who — An (a) refuses to receive any person billeted upon him in pursuance of a billeting requisition or without reason- able excuse fails to furnish him with the accommoda- tion properly required for him, or • (b) gives or agrees to give any person billeted upon him in pursuance of a billeting requisition any money or reward in lieu of receiving any person or vehicle or furnishing accommodation properly required for him, or (c) obstructs the billeting in his building or on his land of any vehicle, shall be liable upon 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 imprisonment.
Ii7 61 170.

In relation to persons employed with any body of Het t.PlIttit.

Majesty's forces and not entitled under the foregoiug provisions of this employed with the army.

Part of this Ordinance to be billeted, being persons of such descriptions as may be prescribed by regulations, those provisions shall apply as they apply in relation to members of Her Majesty's forces.

Requisitioning of vehicles 171.


(1) At any time when this section is in operation any officer itegquoisrerns: of the rank of major or above commanding any part of the army may issue a requisitioning order authorising the requisitioning of such ve- hicles, or such number of vehicles of such descriptions, as may be speci- fied in the order.
• (2) The purposes for which an order under this section may authorise vehicles to be requisitioned shall be such purposes for meet- ing the needs of any of Her Majesty's forces as may be specified in the order.

172.

(1) A requisitioning order may be issued to the officer com- Provision of manding any portion of the army, and that officer, or any officer or vehicles.
soldier authorised by him in writing may give directions for the pro- vision — (a) in so far as the requisitioning order authorises the requisitioning of particular vehicles, of all or any of those vehicles, .

(b) in so far as the order authorises the requisitioning of vehicles of a specified description, of the number of vehicles of that description specified in the order or any lesser number of such vehicles.
(2) A direction under subsection (1) of this section giv'en as respects any vehicle shall be either — (a) a direction given to the person having possession thereof to furnish it immediately at the place where it is, or (b) a direction given to the said person to furnish it at such place within fifty miles from the premises of the said person and at such time as may be specified by the officer or soldier by whom the direction is given: Provided that no direction shall be given under paragraph (b) of this subsection as respects a vehicle which is neither mechanically- propelled nor a trailer normally drawn by a mechanically-pro- pelled vehicle.
• (3) If the officer to whom the requisitioning order, was issued,, or an officer or soldier authorised by him in writing, is satisfied that the said person has refused or neglected to furnish a vehicle in accordance with a direction under any of the provisions of subsection (1) of this section, or has reasonable ground for believing that it is not practicable without undue delay to give a direction to the said person ,he may take, or authorise any officer or soldier to take, possession of the vehicle; and where possession is taken of a vehicle in pursuance of this sub- section this Part of this Ordinance shall with the necessary modifications apply as if the vehicle had been furnished by the person having posses- sion of the vehicle in accordance with a direction to furnish it imme- diately at the place where it is, and, in particular, payment shall be made therefor as if it had been so furnished.
(4) The Commissoiner of Police shall, on a request to that effect made by or on behalf of the officer to whom the order is issued, give instructions for securing that so far as practicable constables will be available, if required, for accompanying officers or soldiers requisi- tioning vehicles in -pursuance of the order.

173.
173.

(1) Subject to the provisions of this section, where a vehicle Period for has been furnished in pursuance of a requisitioning order it may be which vthetiicle retained, so long as section 171 of this Ordinance is in operation, for nished.

any period for which it is required for the purpose specified in the order or for any other purpose connected with the needs of any of Her Ma- jesty's forces.
(2) During such time as the reserve is called out on perma- ment service, then in so far as a requisitioning order so provides the person by whom any vehicle is to be furnished may be required to J UrIP' 62 furnish it for the purposes of its being purchased on behalf of the Crown.

Payment for vehicle fur- nished.

174.


(1) A person by whom a vehicle is furnished in pursuance of a requisitioning order, and is so furnished otherwise than for the pur- pose of being purchased, shall be entitled to be paid — Third Sche- dule.
er (a) a sum for the use of the vehicle calculated by refer- ence to the period for which possession of the vehicle is retained, at the rate of payment commonly recog- nised or generally prevailing at the time at which the vehicle is furnished, or, in the default of such a rate, at such rate as may be just, (b) a sum equal to the cost of making good any damage to the vehicle not being damage resulting in a total loss thereof or damage attributable to fair wear and tear, which may have occurred during the period for which possession of the vehicle is retained and has not been made good during that period by a person acting on behalf of the Crown, (c) if during the said period, a total loss of the vehicle occurs a sum equal to the value of the vehicle imme- diately before the occurrence of the damage which caused the loss.
In paragraph (b) of this subsection and in the third schedule to this Ordinance references to fair wear and tear shall be tonstrued as references to such fair wear and tear as might have been expected to occur but for the fact that the vehicle was requisitioned.

(2) The person by whom a vehicle is furnished in pursuance of a requisitioning order for the purpose of being purchased shall be entitled to be paid the value of the vehicle at the time at which it is furnished.
(3) Where a vehicle is furnished in pursuance of a direction under paragraph (b) of subsection (2) of section 172 of this Ordinance, then — (a) for the purposes of paragraphs (a) and (b) of subsec- tion (1) of this section (if that subsection applies) the period for which possession of the vehicle is retained shall be deemed to begin at the time when the direc- tion is given, and for the purposes of subsection (2) of this section (if that subsection applies) the vehicle shall be deemed to have been furnished at that time; (b) in addition to the payments provided for by subsec- tion (1) or subsection (2) of this section, the person by whom the vehicle is furnished shall be entitled to be paid the amount of any expenditure reasonably incurred by him in complying with the direction.
(4) Where a direction to furnish a vehicle is given under the said paragraph (b), and after the giving of the direction any damage occurs to the vehicle (whether or not resulting in a total loss thereof), then if the damage prevents the furnishing of the vehicle in pursuance of the requisitioning order the foregoing provisions of this section shall apply as if the vehicle had been furnished, and (notwithstanding that it may have been required to be furnished for the purpose of being pur- chased) had been furnished otherwise than for that purpose, subject however to the following modifications, that is to say — (a) paragraphs (a), (b) and (c) of subsection (1) of this section shall have effect as if for the period therein mentioned there were substituted the period beginning with the giving of the direction and ending imme- diately after the occurrence of the damage, (b) paragraph (b) of subsection (3) of this section shall have effect as if for the words "in complying with" there were substituted the words "by reason of anything done for the purpose of complying with".
(5) Where any person (in this section referred to as a person interested) other than the person by whom a vehicle is required to be furnished has an interest in the vehicle,— • 5 6 9.
63 (a) the person by whom the vehicle is required to be furnished shall notify any person known to him to be a person interested, that the vehicle has been requisi- tioned, (b) any person interested shall be entitled to recover from the person by whom the vehicle was required to be furnished such part (if any) of the payment received by him for the vehicle as may be just.
(6) The third schedule to this Ordinance shall have effect as to the time for the making of payments under this section and as to the determination of disputes arising thereunder.
(7) Where, during the period for which possession of a vehi- cle is retained, a total loss of the vehicle occurs, then — (a) for the purposes of paragraphs (a) and (b) of sub- section (1) of this section and of the third schedule to this Ordinance the said period shall be deemed to have come to an end immediately after the occur- rence of the loss, and (b) no claim shall be made for the return of the vehicle (if it still exists) or for payment in respect thereof other than such as is provided for by subsection (1) of this section.
.

175.

In deciding which, of alternate vehicles, is to be specified in Avoidance an order under section 171 of this Ordinance, or is to be the isubject °Lt= in a direction under paragraph (b) of subsection (1) of section 172 len: of vehic- of thereof, the officer or soldier by whom the order is issued or direction given shall act in such manner as in his opinion will cause the least hardship.

176.
The Governor may by regulations require persons having Record and in their possession mechanically-propelled vehicles, or trailers normally ii7ITIVnn°f drawn by mechanically-propelled vehicles, if required so to do by such procpelled veh- authority or person as may be specified in the regulations, — ides (a) to furnish to such authority or person as may be so specified a return containing such particulars as to the vehicles as may be required by or under the regula- tions, and (b) to afford all reasonable facilities for enabling any such vehicles in his possession to be inspected and examined, at such times as may be specified by or under the regulations, by such authority or person as may be so specified.
177.
(1) If any person — Enforcement of provisions (a) fails to furnish any vehicle which he is directed to isonli.og.requisi- furnish in pursuance of a requisitioning order, or fails to furnish any such vehicle at the time and place at which he is directed to furnish it or, (b) fails to comply with any regulations made under section 176 of this Ordinance, or (c) obstructs any officer or other person in the exercise of his functions ,under this Part of this Ordinance in relation to the inspection or requisitioning of vehi- cles, he shall be guilty of an offence and 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 a fine and such imprisonment.
(2) Without prejudice to any penalty under subsection (1) of this section, if any person is obstructed in the exercise of powers of inspection conferred on him by regulations made under section 176 of this Ordinance, a justice of the peace may, if satisfied by informa- tion on oath that the person has been so obstructed, issue a search warrant authorising a constable named therein, accompanied by the said person, to enter the premises in respect of which the obstruction took place at any time between six o'clock in the morning and nine o'clock in the evening to inspect any vehicles which may be found therein.
57t Application to cattle, food, forage and stores.

Third Sche- dule.

64 178.

(1) Subject to the provisions of this section, sections 171 to 177 of this Ordinance and the provisions of the third schedule thereto, except such of those provisions as relate only to mechanically-propelled vehicles and trailers normally drawn thereby shall apply to horses, mules, donkeys, and oxen, food, forage and stores as they apply to vehicles.
(2) Where stores are required for, and can be conveyed with, a vehicle with respect to which a direction is given under paragraph (b) of subsection (2) of section 172 of this Ordinance, such a direction may be given as well in relation to the stores as in relation to the vehicle, and the said foregoing provisions and schedule shall apply accordingly: Provided that subsection (4) of section 174 of this Ordinance shall not apply, but if after the giving of the direction the furnishing of the stores is prevented by damage to them or to the vehicle such payment (if any) shall be made in respect of the stores as may be just in all the circumstances.
(3) Notwithstanding anything in section 173 of this Ordinance, food, forage or stores to be furnished in pursuance of a requisitioning order at any time may be required to be furnished for purchase on behalf of the Crown.

(4) Section 176 of this Ordinance shall apply in relation to horses, mules, donkeys, and oxen as.

it applies in relation to mechanically- propelled vehicles.
(5) In this section— (a) the expression "oxen" means oxen used, or kept prin- cipally, for draught purposes; (b) the expression "stores" means any chattel, other than a horse, mule, donkey or ox, a vehicle, food or forage, being a chattel required for, or for use in connection with— (i) persons or vehicles billeted or to be billeted in pursuance of a billeting requisition or otherwise temporarily accommodated or to be so accom- modated, or (ii) vehicles, horses, mules, donkeys or oxen furnished or to be furnished in pursuance of a requisitioning order.
Liability of Crown for damage by vehicles being de- d livere for requi si tio n ing.

179.
The person using a vehicle for the purpose of its being furnished in pursuance of a direction under paragraph (b) of subsection (2) of section 172 of this Ordinance shall be deemed, as respects any claim in respect of injury or damage to any other person or property, to be so using the vehicle as a servant of the Crown, and the provisions of any law which prohibits or renders unlawful the use on any road of a motor vehicle unless there is in force in relation to the user of the vehicle a policy of insurance or security in respect of third-party risk, shall not apply to the use of the vehicle for the said purpose.
Bringing 180.

(1) Whenever it appears to the Governor that the public in- into opera- terest so requires, he may by order direct that section 163 or section 171 Lion of sec- tions 163 and of this Ordinance, or both those sections, shall come into operation either 171. generally_ or as respects such area as may be specified in the order, and that section or those sections., as the case may be, shall thereupon come into operation and remain in operation so long as the order has effect.
(2) An order under this section shall, subject to any revoca- tion or variation thereof, continue to have effect for the period of one month from the making thereof: Provided that where, before the expiration of the period for which the order has effect (whether by virtue of the foregoing provisions of this subsection or of this proviso), it is resolved by each chamber of the Legislature that the public interest requires the operation of the order should be extended for such further period as may be specified in the resolution, it shall be extended accordingly.
181.

 pria- funds Appro All such sums of money as become payable by the Crown tion of under sections 166, 168, 174, or 178 of this Ordinance are hereby appro- for moneys payable by priated out of the public funds of British Guiana and shall be paid there- the Crown.

from on the warrant of the Governor.

5 71 65 PART VIM—GOVERNMENT AND GENERAL PROVISIONS Command 182.
(1) The Officers, seconded and other warrant officers and Command and seconded and other non-commissioned officers, and soldiers shall stand procedure.

with each other in order of precedence and command in the same order as they are set out in this subsection.

(2) Officers and soldiers may be seconded to the army with the approval of the Governor.
(3) Officers of the same rank shall stand with each other in order of precedence and command in accordance with any order which may be signified by the Governor and where no such order is signified then according to their seniority reckoned by the date of their respective appointments to the rank for the time being held by them.

183.

 The Governor may appoint such officer as he thinks fit, Command of being a member of Her Majesty's forces, in whom the command of all army.
units of the army shall be vested and subject to the terms of such appoint- ment such person shall have the command, direction and general super- intendence of all such units.

184.

 The Governor may make regulations as to the persons, being members of Her Majesty's military forces, in whom command over the units or any part or member thereof is vested and as to the circumstances in which such command as aforesaid is to be exercised.

Regulations as to com- mand.

185.
In so far as powers of command depend on rank, a member Powers of of any of Her Majesty's military, naval or air forces who— (a) is acting with any unit; or (b) is a member of a body of any of those forces which is acting with any unit, shall have the like such powers as a member of the army of corresponding rank; and for the purposes of sections 35 and 75 of this Ordinance any such member of the said military, naval or air forces shall be treated as if he were a member of the army of corresponding rank.
command of members of .

oor-operating c Redress of Complaints 186.

(1) If an officer thinks himself wronged in any matter by a superior officer or authority and on application to his commanding officer does not obtain the redress to which he thinks he is entitled, he may make a complaint with respect to that matter to the Governor.

Complaints by officers.


(2) On receiving any such complaint it shall be the duty of the Governor to investigate the complaint and to grant any redress which appears to him to be necessary.

187.

(1) If a soldier thinks himself wronged in any matter by any Complaints officer other than his commanding officer or by any soldier, he may by soldiers make a complaint with respect to that matter to his commanding officer.
(2) If a soldier thinks himself wronged in any matter by his commanding officer, either by reason of redress not being 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 any military, naval or air force officer under whom the complainant is for the time being serving, being an officer not below the rank of colonel or corresponaing rank.
(3) It shall be the duty of a commanding or other officer to have any complaint received by him under this section investigated and to take any steps for redressing the matter complained of which appear to him to be necessary.

Exemptions for members of the army.

188. jury.

An officer or soldier shall be exempt from serving on any Exemption from jury service.

189.
(1) Duties or tolls for embarking from or disembarking on Exemptions any pier, wharf, quay or landing place, or for passing over any road, ferry from tolls, etc or bridge, shall not be payable in respect of— 57 2 66 (a) members of Her Majesty's military forces on duty; (b) vehicles in military service, being vehicles belonging to the Crown or other vehicles driven by persons (whether members of Her Majesty's forces or not) in service of the Crown; (c) goods carried in such vehicles; (d) horses or other animals in military service.
(2) In subsection (1) of this section the expression "in miliary service" means employed under proper military authority for the pur- poses of any body of Her Majesty's military forces or accompanying any body of Her Majesty's military forces.

190.
190.

 No judgment, decree or order given or made against a Exemption from taking in execution member of the army by any court in British Guiana shall be enforced of property by the levying of execution on any property of the person against whom used for military pur- it is given or made, being public- property, used by him for military- poses.

 purposes.

Arrest of deserters and ab- sentees withi- out leave.

Provisions relating to deserters and absentees without leave 191.
(1) Any police officer may arrest without a warrant any person whom he has reasonable cause to suspect of being an officer or soldier who has deserted or is absent without leave.

(2) W1iere no police officer is available any officer or soldier of the army or any other person may arrest without a warrant any person whom he has reasonable cause to suspect as aforesaid.
(3) Any person 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 army who has deserted or is absent without leave or is reasonably suspected of having deserted or of being absent without leave, may issue a warrant authorising his arrest.
(4) Any person in custody in pursuance of this section shall as soon as practicable be brought before a court of summary jurisdiction.

192.

(1) Where a person who is brought before a court of summary Proceedings , beforea ovil jurisdiction is alleged to be an officer or soldier who has deserted or is court where!'

persons sus- absent without leave, the following provisions shall have effect.

petted of illegal ab- sence.
(2) (a) If he admits that he is illegally absent from the army and the court is satisfied of the truth of the admission, then— (i) unless he is in Custody for some other cause the court shall; and (ii) notwithstanding that he is in custody for some other cause, the court may, forthwith either cause him to be delivered into military custody in such manner as the court may think fit or commit him to some prison, police station or other place provided for the confinement of persons in custody, to be kept there for such reasonable time as the court may specify (not exceeding such time as appears to the court reasonably necessary for the purpose of enabling him to be delivered into military custody) or until sooner delivered into such custody.
(b) Any time specified by the court may be extended by the court from time to time if it appears to the court 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 court is not satisfied of the truth of the admission, the court shall consider the evidence and any statement of the accused, and if satisfied that he is subject to military law under this Ordinance and if of opinion that there is sufficient evidence 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 other_cause, the court shall cause him to be 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 court shall have power, but shall not be required, to act in accordance with this subsection.
5 7 3 67 (4) The provisions of law in force in British Guiana relating to the constitution and procedure of courts of summary jurisdiction holding preliminary inquiries and conferring powers of adjournment and remand on such courts so acting, and the provisions as to evidence and the issue and enforcement of summonses or warrants to secure the attendance of witnesses, shall apply to any proceedings under this section.

193.
193.

(1) Where a person surrenders himself to a, police officer as being illegally absent from the army, the police officer shall (unless he surrenders himself at a police station) bring him to a police station.
(2) The police officer in charge of a police station at which a person has surrendered himself 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 officer that the said person is illegally absent as aforesaid he may cause him to be delivered into military custody without bringing him before a court of summary jurisdiction or may bring him before such a court.
Deserters and absen- tees without leave sur- rendering to police.

when that person is delivered into military custody there shall be daebss e 194.
(1) Where a court of summary jurisdiction in pursuance of crf"atr'friecsajesor section 192 of this Ordinance deals with a person as illegally absent, surrender of e rnt et er L. a n d then handed over a certificate in the prescribed form, signed by a magistrate, containing the prescribed particulars as to his arrest or surrender and the proceedings before the court.
(2) Where a person is delivered into military custody with- out being brought before a court, whether under the provisions of section 193 of this Ordinance or under any other lawful power, there shall be handed over a certificate in the prescribed form, signed by the police officer who causes him to be delivered into military custody, con- taining the prescribed particulars relating to his surrender.
(3) In any proceedings for an offence under section 39 or section 40 of this Ordinance — (a) a document purporting to be a certificate under either subsection (1) or subsection (2) of this sec- tion, or under the corresponding provisions of any service law (other than this Ordinance) and to be signed as thereby 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, naval or air force cus- tody on arrest or surrender, a certificate in the pre- scribed from purporting to be signed by a provost officer or any corresponding officer of a force raised under the law of a country in the Common- wealth, or by any other officer in charge of the guardroom or other place where that person was confined on being taken into custody, stating the fact, date, time and place of arrest or surrender shall be evidence of the matters stated in the certifi- cate.
195: (1) It shall be the duty of the Director of Prisons to re- Duties of ceive any person duly committed to prison by a court of summary jur- pprIreentsor to of isdiction as illegally absent from the army and to detain him until in receive deser- accordance with the directions of the court he is delivered into military t,eerns t e aens d a b - custody.
(2) Subsection (1) of this section shall apply to the person having charge of any police station or other place (not being a prison) provided for the confinement of persons in custody, as it applies to the Director of Prisons.

Offences relating to military matters punishable by civil courts.

196.
196.

 Any person who falsely represents himself to any mili- Punishment tary, naval, air force or civil authority to be a deserter from the army for Foren- shall be liable on summary conviction to a fine not exceeding two hun- deserter.

iirt" ri A I 4 68 dred and fifty dollars or to imprisonment for a term not exceeding three months or to both such a fine and such imprisonment.

Punishment for procuring and assisting desertion.

197.
Any person who — (a) procures or persuades any officer or soldier 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 (c) knowing any person to be a deserter or absentee without leave from the army, conceals him or as- sists 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 exceeding two hundred and fifty dollars or to imprisonment for a term not exceeding three months, or to both such a fine and such imprisonment, or on conviction on indictment to a fine not exceed- ing two thousand five hundred dollars or to imprisonment for a term not exceeding two years or to both such a fine and such imprisonment.
198.

 Any person who wilfully obstructs or otherwise inter- Punishment feres with any officer or soldier acting in the execution of his duty shall for ob- strutting mem- bers of army be liable on summary conviction to a fine not exceeding two hundred of ceixuetcyution and fifty dollars or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

Punishment for aiding malingering.

 199.
Any person who — (a) produces in an officer or soldier any sickness or dis- ability; or (b) supplies to or for him any drug or preparation cal- culated or likely to render him, or lead to the be- lief that he is, permanently or temporarily 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 a fine and such imprisonment, or on conviction on indictment to a fine not exceeding two thousand five hundred dollars or to Im- prisonment for a term not exceeding two years or to both such a fine and such imprisonment.
Unlawful 200.

(1) Any person who acquires any military stores or solicits purchase, etc.

of military or procures any person to dispose of any military stores, or acts for any stores.
person in the disposing of any military stores, shall be guilty of an offence, unless he proves either — (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 disposed of by order or with the consent of some person 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 who had retired or ceased to be an.
officer, or of a soldier 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 a fine and such imprisonment, or on conviction on indictment to a fine not exceeding two thousand, five hundred dol- lars or imprisonment for a term not exceeding two years or to both such a fine and such imprisonment.
(2) A police officer 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 or having been the subject of the offence.
7 69 (3) Any person having authority to issue a warrant for the arrest of a person charged with crime may, if satisfied by evidence on oath that a person within his jurisdiction has, or is reasonably suspected of having, in his possession any property which has been the subject of an offence against this section, grant a warrant to search for such pro- perty as in the case of stolen goods; and any property suspected of hav- ing been the subject of such an offence which is found on such a search shall be seized by the officer charged with the execution of the warrant, and that officer shall bring the person in whose possession or keeping the property is found before a court of summary jurisdiction.
(4) In this section — the expression "acquire" means buy, take in exchange, take in pawn or otherwise receive (whether apart from this section the receiving is lawful or not); the expression "dispose of" means sell, give in ex- change, pledge or otherwise hand over (whether apart from this section the handing over is lawful or not); the expression "military stores" means any chattel of any description belonging to Her Majesty, which has been issued for use for military purposes or is held in store for the purpose of being so issued when required, and includes any chattel which had belonged, and had been issued or held, as aforesaid at some past time.
(5) For the purpose of subsection (3) of this section property shall be deemed to be in the possession of a person if he has it under his control, and whether he has it for his own use or benefit or for the use or benefit of another.

201.
201.

(1) Any person who — (a) as a pledge or a security for a debt; Li (b) with a view to obtaining payment from the person entitled thereto of a debt due either to himself or to any other person, receives, detains or has in his possession any official document issued in connection with the payment to any person of any pay, pension, allow- ance, gratuity or other payment payable in respect of his or any other person's military service shall be guilty of an offence against this section.
(2) Any person who has in his possession without lawful authority or excuse (the proof whereof shall lie on him) any such docu- ment as aforesaid or any official document issued in connection with the mobilisation or demobilisation of any of Her Majesty's military forces or any member thereof, 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 five hundted dollars or to imprisonment for a term not exceeding three months or to both such a 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 contxopl and whether he has it for his own use or benefit or for the use or benit of another.

202.
202.

(1) Any person who — Illegal deal- ings in docu- ments relat- ing to pay, pensions, mobilisation, etc.
(a) without authority uses or wears any military decor- Uniturrit ation, or any badge, wound stripe or emblem supplied usde:li Via de- or authorised by the Army Council, the Admiralty, the acitailc`M, etc* Air Council, or the Governer; or ng (b) uses or wears any decoration, badge, wound stripe, or emblem so nearly resembling any military decoration, or any such badge, stripe or emblem as aforesaid, as to be calculated to deceive; or (c) falsely represents himself to be a person who is or has been entitled to use or wear any such decoration, badge, stripe or emblem as is mentioned in paragraph (a) of this subsection, 57 6 General pro- visions as to evidence.
70 shall be guilty of an offence against this section: Provided that nothing in this subsection shall prohibit the use or wearing of ordinary regimental badges or of brooches or ornaments repre- senting them.
(2) Any person who purchases or takes in pawn any naval, military or air force decoration awarded to any member of Her Majesty's military forces, or solicits or procures any person to sell or pledge any such decoration, or acts for any person in the sale or pledging thereof, 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 those forces.
(3) Any person guilty of an offence against this section 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 a fine and such imprisonment.

Provisions ass to evidence 203.

(1) The following provisions shall have effect with respect to evidence in proceedings under this Ordinance, whether before a court- martial, a civil court or otherwise.
(2) References in this and the preceding section to the Army Council, the Admiralty or the Air Council shall be construed as references to those bodies established in the United Kingdom.

(3) A document purporting to be a copy of the attestation paper signed by any person and to be certified to be a true copy by a per- son stated in the certificate to have the custody of the attestation paper shall be evidence of the enlistment of the person attested.
(4) The attestation paper purporting to be signed by a person on his enlistment shall be evidence of his having given the answers to questions which he is therein recorded as having given.
(5) 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 forces at or before any specified time; or (b) held or did not hold at any specified time any speci- fied 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 specified 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 Governor, the Army Council, the Admiralty, the Air Council, or the Commander be evidence of the matters stated in the document.
(6) A record made in any service book or other document pres- cribed by regulations for the purposes of this subsection, 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 any person whose duty it was to make the record, shall be evidence of the facts stated therein; and a copy of a record (including the signature thereto) in one of the said service books and a copy of such document, purporting to be certified to be a true copy by a person stated in the certificate to have the custody of the book or the original document, as the case may be, shall be evidence of the record.
(7) A document purporting to be issued by order of the Governor or the Commander and to contain instructions or orders given or made by the Governor or the Commander shall be evidence of the giving of the instructions or making of the orders and of their contents.
(8) A certificate purporting to be issued by or on behalf of the Governor, the Army Council, the Admiralty or the Air Council, and stating— 5 77 71 (a) that a decoration of a description specified in or an- nexed to the certificate is a military, naval or air force decoration; or (b) that a badge, wound stripe or emblem of a description specified in or annexed to the certificate is one sup- plied lor authorised by the Governor, the Army Council, the Admiralty, or the Air Council, shall be evidence of the matters stated in the certificate.
(9) A certificate purporting to be signed by a person's com- manding officer or any officer authorised by him to give the certificate, 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 aircraft, shall in proceedings against the said person be evidence of the matters stated in the certificate.

204.
204.

(1) Where a person subject to military law under this Ordi- nance has been tried before a civil court (whether at the time of the trial he was so subject or not), a certificate signed by a judge or a magis- trate and stating all or any of the following matters— Proof of outcome of civil trial.
(a) that the said person has been tried before the court for an offence specified in 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 in the certificate were taken into consideration at 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 under this section and to be signed by a judge or a magistrate shall, unless the con- trary is shown, be deemed to be such a certificate.

205.

(1) The original 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.
(2) A document purporting to be a copy of the original pro- ceedings of a court-martial under service law or any part thereof and to be certified by any other person having the lawful custody of the proceedings to be a true copy shall be evidence of the contents of the proceedings 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 or criminal.

Miscellaneous provisions Evidence of proceedings of court-martial.

a 206.
(1) Where a person is rn military custody when charged with, Temporary or with a view to his being charged with, an offence against Part IV of reception nn °us_ ctvil this Ordinance or the corresponding provisions of any other service law tody of per- it shall be the duty of the superintendent or other person in charge of a soe nsitnnder prison (not being a military prison) or of 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 commanding officer of the person in custody to receive him into his custody for a period not exceeding seven days.
(2) In this section "military prison" has the meaning ascribed to it in section 130 of this Ordinance.

207.

(1) Every assignment of or charge on, and every agreement to Avoidance ignent off, o assignment assign or charge, any pay, military award, grant, pension or allowance of, charge payable to any person in respect of his or any other person's service cm , pensions, in Her Majesty's military forces shall be void.

 pay etc.
pay etc.

(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 578 72 person from receiving anything which by virtue of this section he is precluded from assigning and to direct payment thereof to another person.

(3-) Nothing in this section shall prejudice any law providing for the payment of any sum to a bankrupt's trustee in bankruptcy for distribution among creditors.
Powers of certain offic- ers to take statutory de- clarations.

208.

(1) An officer of a rank not below that of major or correspond- ing rank (hereinafter referred to as an "authorised officer") may, out- side British Guiana, take statutory declarations from persons subject to military law under this Ordinance.
(2) A document purporting to have subscribed thereto the signature of an authorised officer in testimony of a statutory declaration being taken before him in pursuance of this section and containing in that jurat or attestation a statement of the date on which and the place at which the declaration was taken and o' 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.

PART IX—RESERVE Reservists.


209.

Notwithstanding the provisions of section 217 of this Ordi- nance, this Part of this Ordinance shall apply to every soldier who has been transferred to the reserve while he is subject •to reserve liability or serving in the reserve.

Annual train- ing.

210.


(1) Every, reservist shall be liable to be called out for training at such place and for such periods not exceeding twenty-eight days in any one year as may be specified in regulations made under this Part of this Ordinance.

(2) Every reservist may, during any training for which he may be called out, be attached to and trained with any unit.

Calling out of the re4 serve on tem- porary ser- vice.

211.
211.

(1) The Governor may, at any time when occasion appears to require, call out the reserve, or as many reservists as he thinks necessary, on temporary service.

(2) Reservists called out for service under this section shall not be liable to serve at any one time for a period exceeding twenty- eight days.

• Calling out 212.
• Calling out 212.

(1) In the event of a state of war being declared or of insur- of the reserve rection, hostilities or public emergency it shall be lawful for the Governor, on permanent service.

 by proclamation, to call out the reserve on permanent service.
(2) Every such proclamation and the directions given in pur- suance thereof shall be obeyed, and every reservist called out by such directions' shall attend at the place and times fixed by those directions, and at and after that time shall be deemed to be called out on perman- ent service.
(3) Every reservist when called out on permanent service shall be liable to serve as a soldier until his services are no longer re- quired, so, however, that he shall not be required to serve for a period exceeding in the whole the remaining unexpired term of service in the reserve and any further period not exceeding twelve months as a soldier may, under section 15 of this Ordinance be retained in the army after the time at which he would otherwise be entitled to be discharged.
Punishment for non-at- tendance.

213.
(1) Any reservist who, without leave lawfully granted or other reasonable excuse, fails to appear at the time and place appointed for annual training, or when called out on temporary service or on permanent service, shall— (a) if called out on permanent service, be guilty, accord- ing to the circumstances, of deserting within the mean- ing of section 39 or of absenting himself without leave within the meaning of section 40 of this Ordinance; or (b) if called out on temporary service or for annual train- ing, be guilty of absenting himself without leave with- in the meaning of the said section 40.
(2) Any reservist who commits any offence under this section shall be liable-- 73 (a) to be tried by court-martial, and on conviction to suffer imprisonment for a term not exceeding two years or such less punishment as is provided by this Ordi- nance, or (b) to be tried by a court of summary jurisdiction and, on conviction, shall be liable to a fine not exceeding one hundred and twenty dollars, and in default of payment to imprisonment for any term not less than seven days and not more that the maximum term allowed by the law in force in the Territory in which the court is situated for non-payment of the fine.
(3) Section 75 of this Ordinance shall apply to reservists who commit an offence against this section as it applies to persons otherwise subject to military law under this Ordinance.

214.
214.

Where a reservist fails to appear at the time and place legal Recor appointed for annual training or when called out on temporary or on per- manent service, and his absence continues for not less than twenty-one days, an entry of such absence shall be made by an officer in the service books and such entry shall be prima facie evidence of the fact of such absence.

d o abs f 11- .

en ce 215.


A reservist may be discharged by the competent military authority at any time during the currency of any term of reserve service upon such grounds as may be prescribed.

Discharge during service.

216.

 The Governor may make regulations with respect to the Regulations as to reserve.
Government, discipline and pay of the reserve, and the discharge of re- servists, and, without prejudice to the generality of the foregoing, may make regulations-- (a) for the calling out for training of reservists; (b) for the calling out of the reserve on temporary service and on permanent service; and (c) requiring reservists to report themselves from time to time.

PART X—APPLICATION OF THE ORDINANCE AND SUPPLE- MENTARY PROVISIONS Application, transfer and attachment 217.
(1) The following persons are subject to military law under Application of the Ordi- nance.

this Ordinance— (a) offiters and soldiers of the army; (b) officers and soldiers (other than persons who are sub- ject to the Imperial Act) when attached to the army; and (c) officers of the reserve of officers when ordered out on duty or service for which, as such, they are liable; and (d) reservists called out for training, on temporary service and on permanent service.
(2) This Ordinance shall apply to the persons subject thereto under the provisions of this section and in relation to the units as well outside as within British Guiana.

218.
218.

(1) Subject to the modifications hereinafter specified, where any unit is on active service, Part IV of this Ordinance 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 IV applies to persons subject to military law under this Ordinance.

Application of Ordinance to civilians.
(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 a charge is dealt with summarily shall, in the case of any offence, be a fine not exceeding fifty dollars but no other punishment; 580 4 74 (c) the following provision shall have effect in substitution for subsections (2) to (4) of section 75 of this Ordi- nance, that is to say, that a person may be arrested by a provost officer, by any warrant officer or non- commissioned officer legally exercising authority under a provost officer or on his behalf, 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 command- ing officer shall be such officer as may be appointed by the officer authorised to convene a court-martial; (g) for references in sections 119 and '120 of this Ordi- nance to being, continuing, or ceasing to be subject to this Ordinance there shall be substituted references to being, continuing to be or ceasing to be in such circumstances that the said Part IV applies, and sub- section (3) of section 119 shall not-apply.
(3) Any fine awarded by virtue of this section, whether by a court-martial or the commanding officer, shall be recoverable as a debt due to Her Majesty.

Application of alA ct. 219.
Notwithstanding any of the provisions of this Ordinance the Imper- to the contrary, whenever any unit, officer or soldier is stationed in any place outside British Guiana, the Governor may, by order, direct that the provisions of Parts II, V and VI of the Imperial Act and of the rules and regulations made thereunder and the Queen's Regulations for the Army shall apply to such unit, officer and soldier in substitution for the pro- visions of this Part and of Parts IV and VIII of this Ordinance and rules and regulations made for the purposes thereof; and the Governor may by the same or any other order direct that any such unit, officer or soldier shall be placed under the orders and directions of the Army Council.
Emoluments, pensions and gratuities ap- propriated out of funds of British Gui- ana.

Power to make regula- tions.

Financial provisions and regulations 220.

All such sums of money as may from time to time become payable under this Ordinance on account of pay, allowances, pensions or gratuities, are hereby appropriated out of the public funds of British Guiana and shall be paid therefrom on the warrant of the Governor.

221.
Subject to the foregoing provisions of this Ordinance, the Governor may make regulations for the better carrying out of the pro- visions of this Ordinance and generally for the good government and organisation of the army and without prejudice to the generality of the foregoing such regulations may make provision with respect to all or any of the following matters, that is to say — (a) the commissioning of officers, their terms of service, promotion, retirement, resignation and such other mat- ters concerning officers as may seem to him necessary; (b) the pay, duties, method of recall of officers of the reserve and other matters pertaining to such reserve of officers as may seem to him necessary; (c) the enlistment of persons into, and the discharge of persons from, the army and generally for the carrying into effect of Part III of this Ordinance, including the prescribing of the necessary forms and the admin- istration of oaths and affirmations; 581 *t. 75 (d) determining to what extent and under what conditions colour service in any of Her Majesty's forces, other than the army, may be counted as colour service in the army; (e) the pay, allowances, and the deductions from and forfeiture of pay, of officers and soldiers; (f) the pensions and gratuities of officers and soldiers (including the reckoning for pensions and gratuities of service in Her Majesty's forces other than in the army, prior to the commencement of service in the army under this Ordinance) ; (g) the description, supply, use and disposal of arms, accoutrements, clothing and other stores; (h) prohibiting, restricting or regulating the holding of meetings within the limits of any military establish- ment and the admission thereto of civilians for the purpose of holding, addressing or attending any such meeting; (i) (j) in respect of matters for which regulations may be made under the foregoing %ovisions of this Ordinance, other than Part IX; and subject to the provisions of sections 130, 134 and 152 of this Ordinance, prescribing anything which may be prescribed under this Ordinance.
222.

(1) Any power conferred by this Ordinance to make regul- Pratri se eixne r a tiong, rules, orders or other instruments shall include power to make subsidiary provision for specified cases or classes of cases, and to make different provisions for different classes or cases, and for the purposes of any such instrument classes of cases may be defined by reference to any circum- stances specified in the instrument.
(2) Any such regulations, rules, orders or other instruments as aforesaid may impose conditions, require acts or things to be per- formed or done to the satisfaction of any persons named therein whether or not such persons are members of the army or of Her Majesty's forces, empower such persons to issue orders either orally or in writing requiring acts or things to be performed or done or prohibiting acts or things from being performed or done, and prescribed periods or dates upon, within or before which such acts or things shall be performed or done or such condi- tions shall be fulfilled and provide for appeal against any such order, requirement or direction.
223.

 Save as expressly provided by any rules or regulations Execution of orders, etc.

this Ordinance, any order or .

determination required or authorised ments, etc.


to be made under this Ordinance by any military officer or authority may be signified under the hand of any officer authorised in that behalf, and any instrument signifying such an order or determination and pur- porting 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.
FIRST SCHEDULE Section 8 (2) Commissions Form of Queen's Commission and Commander-in-Chief of British Guiana acting under 'command of Her Majesty Queen Elizabeth the Second do give to Governor 582 76 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 British Guiana Army from the 19 day of You are therefore carefully and diligently to discharge your duty or in as such an officer in the rank of 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 use your best I do hereby endeavours to keep them in good order and discipline.
command, all such officers and soldiers to obey you as their superior officer, and you to observe and follow such orders and directions as from time to time you shall receive from me or any of your superior officers in pursuance of the trust hereby reposed in you.

Given at day of British Guiana, this , 19 Governor and Commander-in-Chief British Guiana.

Form of Governor's Commission To .years, from the ,Greetings.
I, reposing especial trust in your loyalty, courage and good conduct, do by these presents constitute and appoint you to be an officer in the British Guiana Army, day of ... .
for ,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 use your best endeavours to I do hereby command, all keep them in good order and discipline.
such officers and soldiers to obey you as their superior officer, and you to observe and follow such orders and directions as from time to time you shall receive from me or any of your superior officers in pursuance of the trust hereby reposed in you.

Given at British Guiana, this day of 19 Governor and Commander-in-Chief British Guiana.

SECOND SCHEDULE Section 97 Alternative Offences of which accused may be convicted by court-martial Offence Charged Alternative Offence 1.
Any offence against subsection (1) of section 26 of this Or- dinance.

2.

Any offence against subsection (1) of section 27 of this Ordinance.

3.

Any offence against subsection (1) of section 33 of this Or- dinance.

4.

Communicating with or giving in- telligence to the enemy, either with intent to assist the enemy or with- out authority.

1.

2.

3.

4.

Any offence against subsection (2) of section 26 of this Ordi- nance.

Any offence against subsection (2) of section 27 of this Ordi- nance.
Any offence against subsection (2) of section 33 of this Ordi- nance.

Disclosing information without authority.

 583 Offence Charged Alternative Offence 77 5.

Striking his superior officer.

6.

Using violence to his superior of- ficer otherwise than by striking him.

7.

Using threatening language to his superior officer.

8.

Disobeying, in such a manner as to show wilful defiance of author- ity, a lawful command given or sent to him personally.

9.
9.

Desertion.

10.

Attempting to desert.

11.

Stealing any property.

12.

Any offence against section 45 of this Ordinance involving wilful- ness.

13.

Any offence against subsection (1) of section 55 of this Ordi- nance.

14.

A* offence against subsection dI of section 56 of this Ordi- nafice involving striking.

5.

(a) Using violence to his superi- or officer otherwise than by striking him.

(b) Offering violence to his superior officer.

6.

Offering violence to his superior officer.

7.


Using insubordinate language to his superior officer.

8.

Disobeying a lawful command.

9.

Absence without leave.

10.

Absence without leave.

11.

Fraudulently misapplying the pro- perty.

12.

The corresponding offence in- volving negligence.

13.

Any offence against subsection (2) of section 55 of this Ordi-.

nance.

14.
nance.

14.

(a) The corresponding offence involving the use of violence other than striking., (b) The corresponding offence involving the offering of violence.

THIRD SCHEDULE 15.

The corresponding offence in- volving the offering of violence.

15.

Any offence against section 56 of this Ordinance involving the use of violence other than striking.

Sections 174, 178.

Supplementary provisions as to payment for requisitioned vehicles.

1.
1.

(1) Subject to the provisions of this schedule any payment un4plypsection (1) of section 174 of this Ordinance shall (without prejudice to any agreement as to payment on account) become due on the expiration of the period for which possession of the vehicle in question is retained.
(2) Subject to the provisions of this schedule, any payment under subsection (2) of section 174 of this Ordinance shall become due on the furnishing of the vehicle., (3) Any payment under paragraph (b) of subsection (3) of section 174 of this Ordinance shall become due on the furnishing of the vehicle.
ni d 1241) As soon as may be after the furnishing of a vehicle -thereiThIndl be given or sent to the person by whom it was furnished, by such person and in such form and manner as may be specified by regulations, a receipt for the vehicle specifying what payment, at what rate or of what amount, is offered in respect of the furnishing thereof under paragraph (a) of subsection (1), or, as the case may be, under subsection (2), of section 174 of this Ordinance.
(2) As soon as may be after the end of the period for which possession of a vehicle is retained, there shall be given or sent to the persliffilbly whom the vehicle was furnished, by such person and in such fottn anti manner as aforesaid, a notice stating whether any, and if so what, damage to the vehicle has occurred during the period for which possession of the vehicle was retained, other than damage which has been made good by a person acting on behalf of the Crown, or that the total loss of the vehicle has occurred, and specifying what pay- ment is offered in respect of the damage or loss under paragraph (b) or paragraph (c) of subsection (1) of section 174 of this Ordinance.
.

')03141) A person to whom a receipt or notice under the last fore- *Thigi34agraph has been given or sent (hereinafter referred to as "the claimant") shall be deemed to have accepted the offer contained therein unless within three weeks from the time at which he received 584 78 the receipt or notice he gives notice to the person by whom the receipt or notice was given or sent that he claims some specified greater--.

amount or rate.
amount or rate.

(2) Where a notice under the last foregoing paragraph has been given or sent.
stating that no damage has occurred to a vehicle during the period for which possession of the vehicle is retained, the claimant shall be deemed to have agreed that no damage has so occurred unless within three weeks from the time at which her iv the notice he gives notice to the person by whom the notice fd g iv e or sent claiming that damage has so occurred and stating witii pay- ment he claims under subsection (1) of section 174 of this Oraigance in respect of the damage.
(3) On the making of a claim under either of the two last foregoing sub-paragraphs the Governor may notify the claimant that it is not proposed to make any further offer or by notice may make a specified further offer.

 .., 4.

The regulations referred to in paragraph 2 of thisf sche- dule shall secure that any receipt or notice under that paragraW con-c tains a statement of the effect of paragraph 3 of this schedule., -.A?
I In the foregoing provisions of this schedule the expres- sion "damage" does not include damage resulting in a total loss, or damage attributable to fair wear and tear.

5.

6.
Nothing in the foregoing provisions of this schedule shall apply to a case falling within subsection (4) of section 174 or the proviso to subsection (2) of section 178 of this Ordinance, qpg any duel sum payable by virtue of that subsection or proviso shall b on the ,making, by the person by whom, the vehicle is requir 4 t.o be furnished of a claim therefor to such authority as may h en been specified in that behalf in the direction requiring the furnishing of the vehicle (or if no such authority was specified to the Governor): eixt)e m Provided that before making any such payment the said authority or the Governor, as the case may be, may require reasonable particulars of the damage in question and of the circumstances in which it occurred and may require a reasonable opportunity to be afforded to a person authorised by them to inspect the vehicle in ques- tion.
Passed by the Leeslatdve Assembly on the 3rd October, 1962.

(Bill 22/1962 (LA.)).

 I. CRUM EWING, Clerk of the Legislature.

...A5 tilt DO OBJECTS AND REASONS.

This Bill provides for the establishment of an army in British Guiana and is modelled after the West Indies Defence Act, 1958.

The army shall be styled the British Guiana Army and shall con- sist of such units as the Governor may think fit.

2.
2.

The command and administration of the army shall be in an Army Council consisting of five members appointed by theifinweb- nor.

3.

Provision is made for the disCipline of members and for trial and punishment of military offences by courts-martial.

 There shall be ordinary courts-martial and field courts-martial, but where a field court-martial consists of less than three officers a sentence of the court shall not exceed imprisonment for a term of two years.

4.
4.

The Bill provides for the confirmation, revisio% affx1 view of proceedings of courts-martial by the Governor and ceitgin,m4- tary personnel.

Further, there is a right of appeal against conviOog by a court-martial to the British Caribbean Court of Appea,1 and a right of appeal from, that Court to.

the Privy Council.

5.


Provision is made for the Governor to make Rules of Procedure with respect to the investigation and trial of, and awarding of punishment for, offences cognizable by courts-martial, command- ing officers and appropriate superior authorities and with repect to the confirmation and revision of findings and sentences oftypiotrkt martial.

 "Mrimicla