4 John 1, chapter 3
An Act to Establish and to Permit the Enforcement of Military Service Law
- This Act shall be known as the Military Service Act, c. 3.
- A court-martial shall act as permanent standing court, with the authority to try any offence as described in this Act.
- All indictable offences are dealt with a Court-Martial.
- A commanding officer has the authority to hear any offence as described in this Act, under section 2 (Summary Offences).
- Any person above the rank of Commander/Lieutenant Colonel/Wing commander will have summary offences heard in a Court-Martial.
Indictable Offences
- Assisting an enemy is a military offence, with a fine of up to 100 boercs. Assisting an enemy may be defined as any man who:-
- communicates with an enemy without authority,
- gives an enemy information that would or might be useful to him,
- provides an enemy with supplies,
- harbours or otherwise protects an enemy,
- serves with enemy forces.
- Misconduct on operations is a military offence, with a fine of up to 100 boercs. Misconduct on operations may be defined as any man who:-
- surrenders or abandons a place or thing to the enemy without reasonable excuse
- when in action or in the vicinity of the enemy,
- fails to use utmost exertions to carry out lawful orders,
- sleeps on duty, or leaves his post,
- spreads alarm or despondency within the ranks.
- Obstructing operations is a military offence, with a fine of up to 100 boercs if in action with the enemy, otherwise 50 boercs. Obstructing operations may be defined as any man who:-
- puts at risk, with intent or recklessness, the success of an action,
- delays or discourages, without lawful excuse, an action.
- Obstructing operations is a military offence, with a fine of up to 100 boercs if in action with the enemy, otherwise 50 boercs. Obstructing operations may be defined as any man who:-
- puts at risk, with intent or recklessness, the success of an action,
- delays or discourages, without lawful excuse, an action.
- Looting is a military offence, with a fine of up to 100 boercs. Looting may be defined as any man who:-
- takes property, without lawful excuse, from a person killed, injured or captured in operations,
- searches such a person with intent to take property,
- takes, or searches for a place for, property left exposed as a result of action,
- takes a vehicle, equipment or stores abandoned by the enemy, unless for the public service.
- Failing to escape is a military offence, with a fine of up to 50 boercs. Failing to escape may be defined as any man who:-
- fails to escape when there are reasonable steps that could be taken to escape,
- prevents or discourages, without lawful excuse, another from escaping.
- Mutiny is a military offence, with a fine of up to 100 boercs. Mutiny may be defined as any man who:-
- attempts to overthrow or resist lawful authority,
- disobeys lawful authority in order to subvert discipline,
- conspires to do the above,
- fails to prevent or suppress a mutiny he knows is occurring or is intended.
- Desertion is a military offence subject to a fine.
- Desertion may be defined as any man who is absent without leave, or adrift, with the intention to remain so permanently. This definition carries a fine of up to 15 boercs.
- Desertion may also be defined as any man who is absent without leave, or adrift, to avoid active service. This definition carries a fine of up to 100 boercs.
- Malingering is a military offence, with a fine of up to 15 boercs. Malingering may be defined as any man who:-
- causes himself an injury, or causing another to injure him, to avoid service,
- injures another, or aggravating or prolonging the injury of another, to help him to avoid service.
- Pretending to have an injury or disease, or aggravating or prolonging an injury or disease, to avoid service. This definition may also be handled by a commanding officer in a summary hearing.
- Hazarding a ship is a military offence, with a fine of up to 100 boercs. Malingering may be defined as any man who:-
- intentionally, without lawful excuse, or recklessly damages, stranding or causing the loss of a military ship,
- negligently hazarding a military ship. This definition carries a fine of 15 boercs.
- Prize offences is a military offence, with a fine of up to 15 boercs. Prize offences may be defined as any man who, having captured a ship or aircraft:-
- fails to send the ship’s or aircraft’s papers to a prize court,
- fails to bring the ship, aircraft, or cargo, to a port or airfield for adjudication by a prize court,
- ill-treats a person on board,
- unlawfully takes property from a person on board,
- interferes with the cargo, unless for service use.
Summary Offences
- Absent without leave, or adrift, is a military offence, with a fine of up to 15 boercs. Absent without leave, or adrift, may be defined as any man who:-
- intentionally or negligently is absent without leave,
- recklessly does an act that causes him to be absent without leave.
- Failing to apprehend deserters or absentees is a military offence, with a fine of up to 15 boercs. Failing to apprehend deserters or absentees may be defined as any man who, knowing that another is a deserter or absent without leave, fails to take reasonable steps to apprehend them.
- Misconduct towards a superior officer is a military offence, with a fine of up to 50 boercs. Misconduct towards a superior officer may be defined as any man who:-
- uses violence against a superior officer,
- threats behaviour or communication to a superior officer,
- uses disrespectful behaviour or communication to a superior officer. This definition carries a fine of 15 boercs.
- Disobeying lawful commands is a military offence, with a fine of up to 50 boercs. Disobeying lawful commands may be defined as any man who:-
- intentionally or recklessly, disobeys a lawful command,
- wears the rank he is not entitled to.
- Contravening standing orders is a military offence, with a fine of up to 15 boercs. Contravening standing orders may be defined as any man who contravenes a standing order he should be aware of.
- Using force against a sentry is a military offence, with a fine of up to 15 boercs. Contravening standing orders may be defined as any man who:-
- uses force against a sentry,
- by threat of force, compels a sentry to let him or another pass.
- Failing to attend for, or perform, duty is a military offence, with a fine of up to 15 boercs. Failing to attend for, or perform, duty may be defined as any man who:-
- Without lawful excuse,
- fails to attend for duty,
- leaves a duty early,
- fails to perform a duty.
- performs a duty negligently.
- Disclosing information useful to an enemy is a military offence, with a fine of up to 15 boercs. Disclosing information useful to an enemy may be defined as any man who discloses information known or believed to be useful to an enemy, without lawful authority.
- Making false records is a military offence, with a fine of up to 15 boercs. Making false records may be defined as any man who:-
- makes a false official record,
- tampers with or suppresses an official document with intent to deceive,
- fails to make an official record he has a duty to make, with intent to deceive.
- Damage to, or loss of, public or service property is a military offence, with a fine of up to 15 boercs. Damage to, or loss of, public or service property may be defined as any man who:-
- intentionally, without lawful excuse, or recklessly damages or causes the loss of public or military property, or properly belonging to another service person,
- negligently damages or causes the loss of public or service property,
- recklessly or negligently does something likely to cause damage to, or the loss of, public or military property.
- Obstructing or failing to assist a service policeman is a military offence, with a fine of up to 15 boercs. Obstructing or failing to assist a service policeman may be defined as any man who:-
- obstructs a service policeman or provost officer,
- fails, when called upon, to assist a service policeman or provost officer.
- Resisting arrest is a military offence, with a fine of up to 15 boercs. Obstructing or failing to assist a service policeman may be defined as any man who:-
- disobeys, uses violence against or threatens a person ordering him into arrest,
- uses violence against, or threatens, a person arresting him.
- Allowing escape or unlawful release of prisoners is a military offence, with a fine of up to 15 boercs. Allowing escape or unlawful release of prisoners may be defined as any man who:-
- intentionally or reckless allowing a prisoner to escape,
- knowingly releasing a prisoner without authority. This definition carries a fine of 50 boercs.
- Ill-treating subordinates is a military offence, with a fine of up to 15 boercs. Ill-treating subordinates may be defined as any man who bullies, humiliates, degrades or uses unnecessarily harsh behaviour against a subordinate.
- Misapplying or wasting public or service property is a military offence, which if convicted, results in a dismissal with disgrace. An example of such is allowing fuel to overflow a tank.