Defence Act [Chapter 11:02]

Chapter 11:02

Defence Act

Acts 27/1972, 11/1973, 39/1973 (s. 44), 56/1973, 37/1974, 23/1975, 35/1976 (s.35), 51/1976, 2/1978, 41/1978 (s.

8), 15/1979 (s. 35), 32/1979 (s. 5), 29/1981 (s. 59), 21/1985 (s. 45), 3/1992, 8/1993; 9/1997 (s. 10), 22/2001 (s. 4), 6/2005 (s. 16). S.Is. 363/1983, 324/1986.

ARRANGEMENT OF SECTIONS PART I

PRELIMINARY Section

1. Short title.

PART II

ORGANIZATION, COMMAND AND ADMINISTRATION OF DEFENCE FORCES

3. Defence Forces.
4. Constitution of Army and Air Force.
5. Units of Defence Forces.
6. Reserve Forces.
7. Appointment of Commander of Defence Forces.
8. Conditions of service of Commander.
9. Functions of Commander.
10. Delegation of Commander’s functions.
11. Commanders of Army and Air Force.
12. Appointment of boards.
13. Defence Council.

PART III

APPOINTMENT, PROMOTION, DISCHARGE ANDCONDITIONS OF SERVICE OF MEMBERS OF THEDEFENCE FORCES

14. Oath on attestation.
15. Appointment and promotion of officers.
16. Retirement of officers.
17. Resignation of officers.
18. Cancellation of commission and discharge of officer.
19. Appointment, promotion, reduction in rank and dismissal of non-commissioned members.
20. Appointment or promotion for distinguished service.
21. Acting rank.
22. Policy directive and general considerations re appointments and promotions.
23. Reduction in rank of non-commissioned officers.
24. Suspension of members.
25. Discharge on redundancy.
26. Discharge or dismissal of members other than officers.
27. Conditions of service of members.
28. Attachment and posting of persons to and from other Military Forces.
29. Attachment and secondment of members to Public Service.
30. National Service.

PART IV

DEFENCE FORCES SERVICE COMMISSION

31. Terms of office of commissioners.
32. Resignation of commissioners.
33. Conditions of service of commissioners.
34. Functions of Commission.
35. Procedure of Commission.
36. Staff of Commission.
37. Reports of Commission.
38. Validity of acts and decisions of Commission.

PART V

MILITARY OFFENCES, POWERS OF ARREST, SEARCH AND DETENTION

39. Application of First Schedule.
40. Power to arrest offenders.
41. Search of members or premises.
42. Arrest, search and trial of member of a Reserve Force.
43. Provisions for avoiding delay after arrest.
44. Remand warrants.

PART VI

JURISDICTION OF MILITARYCOURTS AND CIVIL COURTS, PROCEDURE AND EVIDENCE

45. Jurisdiction of military courts.
46. Limitations of jurisdiction of military courts.
47. Jurisdiction of civil courts.
48. Courts martial.
49. Convening general court martial.
50. Convening district court martial.
51. Place for sitting of courts martial and adjournment.
52. Courts martial to sit in open court in presence of accused.
53. Challenges by accused.
54. Accused of unsound mind.
55. Appointment and functions of judge advocate.
56. Law to be observed by courts martial.
57. Judicial notice.
58. Decisions of courts martial.
59. Finding and sentence.
60. Restitution or confiscation of property.
61. Conviction of offence other than that charged.
62. Review of proceedings of courts martial.
63. Powers of confirming authority.
64. Reconsideration of findings of courts martial.
65. Evidence of proceedings of courts martial.
66. Proof of outcome of civil trial.
67. Offences in relation to military courts.
68. False evidence.

PART VII

PUNISHMENT AND EXECUTION OF SENTENCE

69. Interpretation in Part VII.
70. Punishment of officers.
71. Punishment of other ranks.
72. Courts martial to impose one sentence only in respect of all charges.
73. Reconsideration of sentences.
74. Postponement or suspension of sentence by military courts.
75. Execution of death sentence.
76. Recovery of fines.
77. Warrants of committal.

PART VIII

COURT MARTIAL APPEAL COURT

78. Interpretation in Part VIII.
79. Establishment, practice and procedure of Court Martial Appeal Court.
81. Determination of appeal against conviction.
82. Powers of Appeal Court.
83. Powers of Appeal Court to obtain further evidence.
84. Written presentation of appellant’s case.
85. Attendance of appellant at hearing of appeal.
86. Stay of execution of death sentence.
87. No retrial where conviction quashed.
88. Enforcement of orders, etc.

88A. [Repealed]

PART IX

CANTONMENTS AND PROTECTED AREAS

89. Declaration of cantonments.
90. Prohibition of entry into cantonments.
91. Authority to enter cantonments.
92. Right of way and loitering.
93. Cantonment police.
94. Protected areas.

PART X

SPECIAL POWERS IN RELATION TO DEFENCE

95. Commandeering and billeting.
96. Expropriation of land for defence purposes.
97. Protection of defence stores.

PART XI

GENERAL

98. President may publish defence agreements.
99. Unauthorized sale or wearing of uniforms, etc.
100. Forgery of military documents, impersonation and unlawful possession of such documents.
102. Obstructing Defence Forces.
103. Harbouring, aiding or inducing members of Defence Forces to dereliction of duty. 104. Refusing information or giving false information.
104. General penalties.
105. Sale or supply of liquor at mess of canteen.

106A.   General offence: failure to comply with provisions of Act.

107. General provisions as to evidence.
108. Administration of oaths.
109. Declaration of active service.
110. Deductions for barrack damage.
111. Establishment or declaration of detention barracks.
112. Powers in connection with training.

FIRST SCHEDULE: Military Offences.

SECOND SCHEDULE: Conviction of Offence Other than that Charged.