MALTA ARMED FORCES ACT

CHAPTER 220

MALTA ARMED FORCES ACT

To make provisions for the raising and maintenance of armed forces in Malta and to

provide for matters connected therewith or ancillary thereto.

22nd September, 1970

1st February, 1982

ACT XXVII of 1970, as amended by: Acts XXXV and LVIII of 1974, XIII of 1975; Legal

Notice 148 of 1975; Acts XVIII and XXII of 1976, XI of 1977, XX of 1980, XIII of 1983, VIII of

1990, XV of 1990, XXIV of 1995, and X and XII of 2000; Legal Notice 411 of 2007; and Acts

XIII, XXVI of 2014, IV and XLIII of 2015 * , and XLI and XLVI of 2016, XXI of 2020 and XXXV

of 2023

The short title of this Act is the Malta Armed Forces Act.

(1) In this Act, unless the context otherwise requires or it

is otherwise expressly provided -

"acting rank" means rank of any description (however called)

such that under such provisions as may be prescribed a

commanding officer has the power to order the holder to revert

from that rank, and "acting warrant officer" and "acting non-

commissioned officer" shall be construed accordingly;

"active service" shall be construed in accordance with article

183;

"aircraft" means any machine for flying, whether propelled by

mechanical means or not, and includes any description of balloon;

"aircraft material" includes -

(a) parts of, and components of or accessories for, aircraft,

whether for the time being in aircraft or not;

(b) engines, armaments, ammunition and bombs and other

missiles of any description in, or for use in, aircraft;

(c) any other gear, apparatus or instruments in, or for use

in, aircraft;

(d) any apparatus used in connection with the taking-off or

landing of aircraft or for detecting the movement of

aircraft; and

(e) any fuel used for the propulsion of aircraft and any

material used as a lubricant for aircraft or aircraft

material;

"air signal" means any message, signal or indication given, by

any means whatsoever, for the guidance of aircraft or a particular

aircraft;

"appropriate superior authority" has the same meaning assigned

to it by article 83(1) and article 88(2);

"arrest" includes open arrest;

"before the enemy", in relation to a person, means that he is in

action against the enemy or about to go into action against the

enemy, or is under attack or threat of imminent attack by the

enemy;

"civil court" means a court of ordinary criminal jurisdiction in

Malta;

"civil offence" means an act or omission punishable by the law of

Malta or which, if committed in Malta, would be punishable by that

law;

"commanding officer" means the officer commanding the unit to

which the man belongs or is attached, but in relation to a person

charged with an offence it has the meaning assigned to it by article

88;

"Commonwealth country" means a country to which article 28 of

the Constitution of Malta applies;

"corps" means any such body of the force as may from time to

time be declared by order of the President of Malta to be a corps for

the purposes of this Act;

"court-martial" means court-martial under this Act;

"damage" includes destruction, and references to damaging shall

be construed accordingly;

"desertion" shall be construed in accordance with article 50(2);

"enemy" includes all persons engaged in armed operations

against any Maltese armed force and any force cooperating

therewith and also includes all armed mutineers, armed rebels,

armed rioters and pirates;

"field officer" means an officer not being a general officer, of

every rank above the rank of captain;

"the force" means the regular and the territorial force and

includes the reserve force;

"the Gazette" means the Malta Government Gazette;

"Government" means the Government of Malta;

"House" means the House of Representatives of Malta;

"Malta" has the same meaning as is assigned to it by article 124

of the Constitution of Malta;

"man" in relation to the force includes a warrant officer, a non-

commissioned officer and a soldier;

"Minister" means the Minister responsible for defence and

includes any person or authority authorised by the said Minister in

that behalf or as may be prescribed;

"oath" includes an affirmation, and references to swearing shall

be construed accordingly;

"persons subject to military law" shall be construed in

accordance with article 178;

"prescribed" except in Parts III and IV of this Act, means

prescribed or provision in respect thereof made by or under

regulations or orders under article 4;

"provost officer" means a provost marshal or officer appointed to

exercise the functions conferred by or under this Act on provost

officers;

"public property" means any property belonging to any

department of the Government or held for the purposes of any such

department;

"recruiting officer" has the meaning assigned to it by article 5;

"the regular force" means any armed force raised under this Act

other than the reserve force and the territorial force;

"the reserve force" means the bodies mentioned in article 31(2),

and "reserve" shall be construed accordingly;

"Rules of Procedure" means the Rules of Procedure made under

article 107;

"service" means service in the force and, when used adjectivally

in the English text and the words "tas-servizz" in the Maltese text,

mean belonging to or connected with the force or any part thereof;

"ship" includes any description of vessel;

"steals" has the same meaning as guilty of theft has for the

purposes of the Criminal Code;

"stoppages" means the recovery, by deductions from the pay of

the offender, of a specified sum by way of compensation for any

expense, loss or damage occasioned by the offence;

"summary conviction" means conviction by the competent civil

court;

"the territorial force" means the territorial armed force raised, or

deemed to be raised, under this Act other than the reserve of that

force.

(2)

In Part II of this Act -

"competent military authority" means the Commander or any

prescribed officer;

"date of attestation" in relation to any person means the date on

which he signs the declaration mentioned in article 17(1) and takes

such an oath as may be prescribed;

"appropriate minimum age" has the meaning assigned to it by

article 6.

(3)

In Parts III and IV of this Act -

"civil prison" means a prison in Malta 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 Minister where persons may

be required to serve military sentences of imprisonment or

detention;

references to a military sentence of imprisonment are references

to a sentence of imprisonment passed by a court-martial;

references to a military sentence of detention are references to a

sentence of detention passed by a court-martial or awarded by the

offender’s commanding officer;

"prescribed" means prescribed or provision in respect thereof

made by or under the Rules of Procedure or under regulations made

under article 141.

(4) References in Parts III and IV of this Act to warrant officers

do not include references to acting warrant officers, but references

in the said Parts of this Act to non-commissioned officers include

references to acting non-commissioned officers and also to acting

warrant officers.

(5) Any power conferred by this Act to make provision by

regulations, rules, orders or other instrument shall include power to

make that provision for specified cases or classes of cases, and to

make different provision for different classes of cases, and for the

purpose of any such instrument classes of cases may be defined by

reference to any circumstances specified in the instrument.

(6) Any power conferred by this Act to make regulations, rules

or orders or to issue notices shall include power, exercisable in like

manner and subject to the like provision, to vary or revoke any such

regulation, rule, order or notice, without prejudice to the making of

a new regulation, rule or order or the issuing of a new notice.

The provisions of this Act and of any subsidiary legislation

made thereunder shall also apply, in accordance with the provisions of

the 1982 United Nations Convention on the Law of the Sea as ratified

by the Law of the Sea (Ratification) Act, to an exclusive economic

zone area or an environment protection area as defined in the

Exclusive Economic Zone Act, and subject to the provisions of the

Assignment of Powers to Armed Forces of Malta Order, a member

of the Armed Forces of Malta shall, in relation to any artificial island,

installation, structure, equipment or device therein, have all the

powers, protection and privileges which he has in Malta.

PART II

MAINTENANCE AND GOVERNMENT OF ARMED FORCE

TITLE I - GENERAL PROVISIONS

Power to raise, maintain and regulate armed force

(1) It shall be lawful for the President of Malta to raise by

voluntary enlistment and maintain an armed force, consisting of a

regular and of a territorial force or of either of such forces

(including the reserve of such forces), and consisting of such units

of any arm and subject to such designation of title as may be

prescribed or as the President of Malta may direct.

(2) The expenditure required for the raising and maintenance of

the force shall be defrayed out of sums provided for the purpose in

the annual estimates of revenue and expenditure for Malta as

approved by the House.

(1) It shall be lawful for the President of Malta to make

regulations or orders with respect to the establishment,

government, and discipline of the force, or any part or unit thereof,

the pay, allowances, pensions and gratuities payable to and the

enlistment, the terms, conditions and extensions of service and the

discharge and training of, members of the force or of any part or

unit thereof, and with respect to all other matters and things

relating to the force, including any matter by this Act authorised to

be prescribed or expressed to be subject to regulations or orders;

and may make different regulations or orders or make different

provision with respect to the regular force and to the territorial

force.

(2) Without prejudice to the generality of the powers conferred

by this article, regulations or orders made under this article may-

(a) make provision as to the persons in whom command

over the force, or any part or member thereof, is to be

vested and as to the circumstances in which such

command as aforesaid is to be exercised;

(b) provide for the formation of officers and men of the

force into units and for appointing, transferring,

posting, attaching or otherwise dealing with such

officers and men;

(c) regulate the granting of commissions in the force;

(d) regulate the appointment, rank, duties and numbers of

the officers and men of the force;

(e) provide for the establishment and government of a

reserve of the regular and of the territorial force;

and, in regard to the territorial force -

(f)

provide for the constitution of a permanent staff;

(g) modify or dispense with any of the provisions of this

Act relating to the training of the territorial force so far

as regards their application to the reserve of that force.

(3) It shall be lawful for the President of Malta by order to

empower any member of the force to exercise, in addition to any

functions, powers and duties he may have as a member of the force,

all or any one or more of the functions, powers and duties as are by

law vested in a member of the Malta Police Force and in an officer

of the Customs.

(3A) Without prejudice to any provision of this Act granting the

President of Malta the power to make regulations, the President of

Malta may, subject to the provisions of the Exclusive Economic Zone

Act, from time to time, make, amend, substitute or repeal regulations

for the purpose of regulating, prescribing or otherwise providing for

any matters regulated by or under this Act or by or under any

subsidiary legislation made thereunder, in respect of an exclusive

economic zone area, safety zone or an environment protection area as

defined in the Exclusive Economic Zone Act or any activities therein

including, but not limited, to the applicability or otherwise of this Act

and, or of any subsidiary legislation made thereunder.

MALTA ARMED FORCES

(4)

Notwithstanding the foregoing provisions of this article -

(a) regulations or orders made under this article shall not

affect or extend the term for which, and the area within

which, a man of the territorial force is liable to serve

or, except as otherwise provided by or under this Act,

authorise a man of the territorial force when belonging

to one corps to be transferred, without his consent, to

another corps;

(b) where a man of the territorial force was enlisted before

the date of any regulation or order made under this

article, nothing in that regulation or order shall render

him liable without his consent to be appointed,

transferred or attached to any corps to which he could

not without his consent have been appointed,

transferred or attached if the said regulation or order

had not been made; and

(c) for the purposes of any regulation made under this

article in connection with pensions and gratuities

payable to members of the force, where the service of

any member of the Air Traffic Control Corps or of the

Airport Company is terminated with the approval of

the Commander to take up full time employment with

Malta International Airport p.l.c., the employment of

such member of the Force with the said Malta

International Airport p.l.c., shall be deemed to be

service in the force, and such member shall be entitled

to a pension or gratuity, as the case may be, under such

regulations upon the termination of his service with

the said Malta International Airport p.l.c., as if such

service were service with the force

Provided that, where such termination of such

service with Malta International Airport p.l.c., is due

to the winding up of the said company, whether

voluntary or otherwise, such termination shall be

considered as if it were due to abolition of office

Provided further that the provisions of this

paragraph shall not apply unless an Order is made by

the Prime Minister indicating that Malta International

Airport p.l.c. shall have bound itself with the

Government to contribute towards the Government the

difference between the cost of the pension or gratuity

payable at the time of retirement from Malta

International Airport p.l.c., and the cost of the pension

or gratuity, as the case may be, computed at the time of

the termination of service with the Government for the

aforesaid reason of full time employment with Malta

International Airport p.l.c.;

(d) For the purposes of paragraph (c) hereof the

pensionable emoluments of such persons of the force

on retirement shall be deemed to be the pensionable

emoluments payable to a member of the force in a

grade and at an incremental level corresponding to the

post and incremental level at which such person retires

from Malta International Airport p.l.c.;

(e) For the purposes of paragraph (d) hereof posts and

salary grades with Malta International Airport p.l.c.

shall be classified in the most nearly corresponding

grades and incremental levels in the Armed Forces of

Malta by reference to job description, skills,

responsibilities and other analogous factors;

(f)

The classification referred to in paragraph (e) hereof

shall be carried out by a board composed of a chairman

appointed by the Minister from time to time

responsible for the Department of Social Security and

two other members, one appointed by the Ministry

responsible centrally for personnel policies in the

public services and one appointed by Malta

International Airport p.l.c. The classification shall be

subject to the final approval of the Minister from time

to time responsible for the Department of Social

Security;

(g) Such classification shall take place within three

months of any adjustment of salaries of members of

the force and, or, of employees of Malta International

Airport p.l.c;

(h) No post shall be classified in a grade higher than that

of Grade 3 in the service of the Government or such

other grade that the Minister from time to time

responsible for the Department of Social Security may

from time to time by notice in the Gazette determine;

(i)

Without prejudice to article 113 of the Constitution, no

person may, following a classification as aforesaid, be

entitled to rights under the said regulations less favourable

than those to which he would have been entitled prior to

such classification.

(5) Notwithstanding the foregoing provisions of this article, in

so far as the granting of pensions is concerned

(a) any regulations made under this article may have

retrospective effect in order to confer a benefit upon,

or remove a disability attaching to any person or class

of persons;

(b) no regulation made under this article shall have effect

unless it has received the prior approval of the House

of Representatives signified by resolution; and

(c) any pension granted under this Act shall be computed

in accordance with the provisions in force at the actual

date of the officer’s retirement.

TITLE II - THE REGULAR FORCE

Enlistment

Recruits in the regular force shall be enlisted by such

persons (to be known, and in this Act referred to, as recruiting

officers) and in such manner and subject to such regulations as may

be prescribed.

(1) A person offering to enlist in the regular force shall be

given a notice in the prescribed form setting out the questions to be

answered on attestation and stating the general conditions of

engagement to be entered into by him; and a recruiting officer shall

not enlist any person in the regular force unless satisfied by that

person that he has been given such a notice, understands it and

wishes to be enlisted.

(2) The procedure for enlisting a person in the regular force

shall be such as may be prescribed.

(3) A recruiting officer shall not recruit a person under the

appropriate minimum age.

(4) In this Part of this Act the expression "appropriate

minimum age" means the age of eighteen years.

Appointment to corps and transfer from one corps to another

(1) Recruits may, in pursuance of regulations made under

article 4, be enlisted for service in particular corps, but save as may

be provided by such regulations recruits shall be enlisted for

general service.

(2) The competent military authority shall as soon as

practicable appoint a recruit, if enlisted for service in a corps, to

that corps, and if enlisted for general service, to such corps as the

competent military authority may think fit.

(3) A man of the regular force may at any time be transferred

by order of the competent military authority from one corps to

another

Provided that except while a state of war exists between

Malta and any foreign power, or men of the reserve are called out

on permanent service, an order under this article shall not be made

otherwise than with the approval of the Commander unless the

person to whom the order relates consents to the transfer.

(4) Where in pursuance of the last foregoing sub-article a man

of the regular force is transferred to a corps of the service different

from that in which he was previously serving, the competent

military authority may by order vary the conditions of his service

so as to correspond with the general conditions of service in the

corps to which he is transferred.

Terms, conditions and extension of service

(1) The term and conditions of service for which a person

enlisting in the regular force may be enlisted shall be such a term

and such conditions of service as may be prescribed, and shall be

subject to such conversions, changes and extensions as may be

prescribed.

(2) A man of the regular force shall be liable to universal

service.

(1) Where at a time at which apart from this article a man

of the regular force would be entitled to be discharged or would fall

to be transferred to the reserve, a state of war exists between Malta

and any foreign power, or men of the reserve are called out on

permanent service, or he is serving outside Malta, he may be

retained in service for such period as is hereinafter mentioned, and

his service may be prolonged accordingly.

(2) No person shall be retained in service by virtue of this

article later than the expiration of twelve months after the date on

which apart from this article he would be entitled to be discharged.

(3) Subject to the provisions of the last foregoing sub-article, a

pe r s on w h o a p a r t f r o m t h is ar t i c l e w o u l d b e en t i t l e d t o b e

discharged may be retained in service for such period as the

Minister may order.

(4) Subject as aforesaid, a person who apart from this article

would fall to be transferred to the reserve may be retained in

service for such period, ending not later than twelve months from

the date on which apart from this article he would fall to be

transferred to the reserve, as the Minister may order or for any

period or further period during which men of the reserve continue

called out on permanent service.

(5) If while a man is being retained in service by virtue of this

article it appears to the competent military authority that his

services can be dispensed with, he shall be entitled to be discharged

or transferred to the reserve as the case may require.

(6) Where, at any time at which under the foregoing provisions

of this article a man is entitled to be discharged or transferred to the

reserve, a state of war exists between Malta and any foreign power,

he may, by declaration made in the prescribed form before his

commanding officer agree to continue in service while such state of

war exists; and if the competent military authority approves he may

continue accordingly as if the period for which his term of service

could be prolonged under the foregoing provisions of this article

were a period continuing so long as a state of war exists

Provided that if it is so specified in the declaration he shall

be entitled to be discharged or transferred to the reserve, as the case

may require, at the expiration of three months’ notice given by him

to his commanding officer.

(7) In relation to men of the regular force serving outside Malta

references in this article to being entitled to be transferred to the

reserve shall be construed as references to being entitled to be sent

to Malta with all convenient speed for the purpose of being

transferred to the reserve.

(1) If it appears to the President of Malta that national

danger is imminent or that a great emergency has arisen, he may by

order signified under the hand of the Minister, provide that men

who would otherwise fall to be transferred to the reserve shall

continue in service; and thereupon the last foregoing article shall

apply to such men as it applies while men of the reserve are called

out on permanent service.

(2) Where an order has been made under sub-article (1), the

occasion thereof shall forthwith be communicated to the House.

(3) An order in force under sub-article (1) may be revoked by

order of the President of Malta signified as therein mentioned.

Discharge and transfer to reserve

(1) Save as hereinafter provided every man of the regular

force, upon becoming entitled to be discharged, shall be discharged

with all convenient speed but until discharged shall remain subject

to military law.

(2) Where a man of the regular force is, when entitled to be

discharged, serving out of Malta, then -

(a) if he requires to be discharged in Malta, he shall be

sent there free of cost with all convenient speed and

shall be discharged on his arrival there or, if he

consents to the discharge being delayed, within six

months from his arrival; but

(b) if at his request he is discharged at the place where he

is serving he shall have no claim to be sent to Malta or

elsewhere.

(3) Except in pursuance of the sentence of a court-martial, a

man of the regular force shall not be discharged unless his

discharge has been authorised by the competent military authority

or by authority direct from the President of Malta and in any case

the discharge of a man of the regular force shall be carried out in

such manner as may be prescribed.

(4) Every man of the regular force shall on his discharge be

given a certificate of discharge containing such particulars as may

be prescribed.

(1) Every man of the regular force upon falling to be

transferred to the reserve shall be transferred to the reserve but

until so transferred shall remain subject to military law.

(2) Where a man of the regular force, when falling to be

transferred to the reserve, is serving out of Malta he shall be sent to

Malta free of cost with all convenient speed and shall be transferred

to the reserve on his arrival there or, if he consents to his transfer

being delayed, within six months from his arrival

Provided that if he so requires he may be transferred to the

reserve without being required to return to Malta.

(1) Notwithstanding anything in this Part of this Act, a

man of the regular force 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, to be proceeded against for an

offence against any of the provisions of this Act

Provided that if it is determined that the offence shall not be

tried by court-martial this sub-article shall cease to apply.

(2) Notwithstanding anything in this Part of this Act, a man of

the regular force who is outside Malta and serving a sentence of

imprisonment or detention awarded by a court-martial under this

Act, shall not be entitled to be discharged or transferred to the

reserve during the currency of the sentence.

(1) A recruit shall be entitled to claim his discharge before

the expiration of the period of three months beginning with the date

of his attestation, and if he makes such a claim he shall on payment

of the sum of forty-six euro and fifty-nine cents (46.59) or such less

sum as may be prescribed be discharged with all convenient speed

Provided that -

(a) if regulations made under article 4 so provide, the right

conferred by this sub-article shall not be exercisable

by a recruit before the expiration of such period (not

exceeding two months) beginning with the said date as

may be prescribed; and

(b) if a claim is made under this sub-article by a recruit at

a time when men of the regular force are required by

an order under article 10 to continue in service, he

shall not be entitled to be discharged so long as they

are so required to continue in service.

(2) In this article the expression "recruit" means a person

enlisted in the regular force in accordance with provisions of this

Part of this Act who has not been previously so enlisted.

A warrant officer of the regular force who is reduced to the

ranks may thereupon claim to be discharged unless a state of war

exists between Malta and any foreign power or men of the reserve

are called out on permanent service.

Miscellaneous and supplementary provisions

(1) Where a man of the regular force is convicted of

desertion by court-martial, the period of his service as respects

which he is convicted of having been a deserter shall be forfeited.

(2) Where any of a man’s service is forfeited the provisions of

this Part of this Act (excepting those relating to discharge by

purchase) shall apply to him, and he shall be liable to serve, in like

manner as if the appropriate date were the date of his attestation

and he had, on the appropriate date, been duly enlisted to serve for

the like term (both as respects duration and as respects liability to

service and liability to serve in the reserve) as that for which he

was in fact serving at the time of his conviction.

(3) In the last foregoing sub-article the expression "the

appropriate date" -

(a) if in consequence of sub-article (1) and an award of the

court-martial under Part III of this Act the whole of his

previous service is forfeited, means the date of his

conviction;

(b) if in consequence of the said sub-article (1) or that

sub-article and an award of the court-martial part only

of his previous service is forfeited, means a date

earlier than the date of his conviction by the length of

service not forfeited.

(4) Where a right is conferred on a man of the regular force to

determ ine his full-time service at any such time as may be

prescribed or to be transferred at any such time to the reserve, that

right shall not be exercisable, in consequence of a forfeiture of

service, at a time earlier than that at which it would have been

exercisable apart from the forfeiture.

(5) Any service forfeited under this article may be restored in

consideration of good service or on other grounds justifying the

restoration of service forfeited as may be prescribed and in such

manner and subject to such conditions and exceptions as may be

prescribed.

(1) Where a person has signed the declaration set out in

the attestation paper as to the truth of the answers given to the

questions set out in the attestation paper, and has thereafter

received pay as a man of the regular force-

(a) the validity of his enlistment shall not be called in

question on the ground of any error or omission in his

attestation paper;

(b) if within three months from the date on which he

signed the said declaration he claims that his

enlistment is invalid by reason of any non-compliance

with the requirements of this Act or of any regulations

made thereunder as to enlistment or attestation, or any

other ground whatsoever (not being an error or

omission in his attestation paper) on which apart from

this sub-article the validity of his enlistment could

have been called in question, the claim shall be

submitted as soon as may be to the Commander, and if

the claim is well founded the Commander shall cause

him to be discharged with all convenient speed;

(c) subject to the provisions of the last foregoing

paragraph, he shall be deemed as from the expiration

of the said three months to have been validly enlisted

notwithstanding any such non-compliance or other

grounds as aforesaid;

(d) notwithstanding any such non-compliance or other

grounds as aforesaid, or the making of a claim in

pursuance of paragraph (b), he shall be deemed to be a

man of the regular force until his discharge.

(2) Where a person has received pay as a man of the regular

force without having previously signed the declaration referred to

in sub-article (1), then -

(a) he shall be deemed to be a man of the regular force

until discharged;

(b) he may claim his discharge at any time, and if he does

so the claim shall be submitted as soon as may be to

the Commander, who shall cause him to be discharged

with all convenient speed.

(3) Nothing in the foregoing provisions of this article 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

(1) If a person appearing before a recruiting officer for the

purpose of being attested knowingly makes a false answer to any

question contained in the attestation paper and put to him by or by

the direction of the recruiting officer, he shall be liable on summary

conviction to imprisonment for a term not exceeding three months

or to a fine (multa) not exceeding forty-six euro and fifty-nine cents

(46.59).

(2) A person may be proceeded against under this article

notwithstanding that he has since become subject to military law.

TITLE III - THE TERRITORIAL FORCE

Enlistment and discharge

The provisions of articles 5, 6, 17 and 18 shall apply to the

territorial force subject to the following modifications, that is to

say

(a) for references to the regular force there shall be

substituted references to the territorial force;

(b) for references to a man of the regular force there shall

be substituted references to a man of the territorial

force; and

(c) the references in article 17 to the receipt of pay shall

be omitted.

(1) Every person enlisted in the territorial force shall be

enlisted to serve for a term, beginning with the date of his

attestation, not exceeding four years as is agreed on attestation, and

may, within the period of twelve months expiring with the end of

his current term of service, be re-engaged for a term, beginning

with the end of the previous term, not exceeding four years, as is

agreed on re-engagement, and so from time to time.

(2) Every man of the territorial force shall be enlisted for

service and posted in such corps as he may select.

(3) Save as provided in the foregoing provisions of this article,

the conditions of service of a man of the territorial force shall be

such as may be prescribed.

Officers and men of the territorial force shall be liable to

serve in any part of Malta, but shall not be liable to serve outside

Malta.

A man of the territorial force shall, until duly discharged in

the prescribed manner, remain subject to the provisions of this Act

applicable to him as a man of the territorial force.

(1) A man of the territorial force shall, save as hereinafter

provided, be entitled to be discharged before the end of his current

term of service on complying with the following conditions

(a) giving to his commanding officer three months’ notice

in writing, or such less notice as may be prescribed, of

his desire to be discharged; and

(b) paying to his commanding officer the sum of eleven

euro and sixty-five cents (11.65) or such less sum as

may be prescribed; and

(c) delivering up in good order, fair wear and tear

excepted, all arms, clothing and equipment issued to

him, or, in cases where for any good and sufficient

cause the delivery of the property aforesaid is

impossible, paying the value thereof

Provided that it shall be lawful for the competent military

authority, in any case in which it appears that the reasons for which

the discharge is claimed are of sufficient weight, to dispense either

wholly or in part with all or any of the above conditions.

(2) A man of the territorial force may be discharged by his

commanding officer for disobedience to orders by him while doing

any military duty, or for neglect of such duty, or for misconduct by

him as a man of the territorial force, or for other sufficient cause,

the existence and sufficiency of such cause to be judged by the

commanding officer

Provided that a man so discharged shall be entitled to

appeal to the Commander who may give such directions in any such

case as he may think just and proper.

Where the time at which a man of the territorial force

would otherwise be entitled to be discharged occurs during any

period while an order is in force ordering the territorial force or any

part thereof to be called out on permanent service or during the

period that he is called out for special service, he may be required

to prolong his service for such further term, not exceeding twelve

months, as the Minister may order; and a man of the territorial

force shall not during any such period be entitled to be discharged

under article 23(1).

Training

(1) Subject to the provisions of this article, every man of

the territorial force shall, by way of annual training, be trained for

not less than eight nor more than fifteen days in every year at such

times and at such places in Malta as may be ordered by the

competent military authority, and may for that purpose be called

out once or oftener in every year.

(2) Subject to the provisions of this article, every man of the

territorial force shall attend such number of drills and fulfil such

other conditions relating to training as may be prescribed.

(3) The requirements of sub-articles (1) and (2) may be

dispensed with, in whole or in part -

(a) as respects the territorial force or part of that force, by

the Commander;

(b) as respects an individual man of the territorial force by

his commanding officer subject to any general

directions of the Commander.

(4) The Minister may by order direct that the period of annual

training in any year of all or any part of the territorial force or of

any man thereof be extended to such period not exceeding thirty

days as may be specified in the order.

(5) Nothing in this Act shall be construed as preventing a man,

with his own consent, being called up for the purpose of duty,

instruction or training, whether in Malta or overseas, as part of or

in addition to any other training, in accordance with regulations or

orders under this Act.

(6) Where a man of the force, without leave lawfully granted,

or such sickness or other reasonable excuse as may be allowed in

the prescribed manner, fails to appear at the time and place

appointed for training, or fails to attend the number of drills or to

fulfil the other conditions relating to training which may be

prescribed, he shall be liable on summary conviction to a fine

(ammenda) not exceeding eleven euro and sixty-five cents (11.65).

Mobilisation

(1) If it appears to the President of Malta that national

danger is imminent or that a great emergency has arisen or that an

invasion or attack is apprehended, he may, by order signified under

the hand of the Minister, order that the territorial force be called out

on permanent service, and immediately upon and by virtue of the

issue of such order the Commander shall give, and when given

revoke or vary, such directions as he may deem necessary or proper

for embodying the territorial force or any part thereof.

(2) Where directions under this article for the time being direct

the embodiment of any part of the territorial force, every officer

and man belonging to that part shall attend at the time and place

fixed by those directions and after that time they shall be deemed to

be embodied; and such officers and men are in this Act referred to

as embodied or as the embodied part or parts of the territorial force.

(3)

On embodiment, the territorial force or the embodied part

or parts thereof shall, until disembodiment, be governed by the

provisions of this Act and of any regulation or order made

thereunder governing the regular force insofar as they may be

applicable thereto.

(4) Where an order has been made under sub-article (1), the

occasion thereof shall forthwith be communicated to the House.

(1) The President of Malta may by order signified under

t h e h a n d o f t h e M i n i s t e r, o r d e r t h e t e r r i t o r i a l f o r c e t o b e

disembodied; and thereupon the Commander shall give such

directions as he may deem necessary or proper for carrying the

order into effect.

(2) Until an order under sub-article (1) has been issued, the

Commander may from time to time as he may think expedient give

such directions as he may deem necessary or proper for

disembodying any embodied part of the territorial force and for

embodying any part of the territorial force not embodied, whether

that part was previously embodied or not.

(3) After the date fixed by the directions for the disembodiment

of any part of the territorial force, the officers and men belonging

to that part shall be in the position of officers and men of the

territorial force when not embodied unless and until they are again

embodied.

(1) Every officer and man of the territorial force who has

in writing on the prescribed form agreed that this article shall apply

to him or that he shall be liable to be called out for special service

shall be liable to be called out for special service notwithstanding

that the territorial force, or the part thereof to which he belongs,

has not been embodied.

(2) It shall be lawful for the Minister, at any time when it

appears to him that the occasion so requires, to give, and when

given to revoke or vary, such directions as he may think fit for

calling out for special service in accordance with the provisions of

sub-article (1) any officer or man of the territorial force who by

virtue of those provisions is liable to be called out; and every

officer or man called out by the directions shall attend at the place

and time appointed by the directions, and shall be deemed to be

called out for special service at and after that time.

(3) Where the Minister has given any directions under the last

foregoing sub-article he may at any time thereafter give such

directions as he may think fit for terminating the service under sub-

article (1) of any officer or man called out by the directions given

under sub-article (2), but without prejudice to the power of the

Minister, by further directions given under sub-article (2), to call

out for further service any officer or man whose service has been

terminated by directions given under this sub-article.

(4) If, while an officer or man of the territorial force called out

by directions given under sub-article (2) is serving under sub-

article (1), directions are given under this Act for the embodiment

of the territorial force or the part thereof in which he is serving,

such officer or man shall thereupon be deemed to be embodied and

his service under sub-article (1) shall cease.

In the exercise of the powers conferred on them by articles

26, 27 and 28, the Minister or the Commander, as the case may be,

may act through their officials or subordinates; and any direction,

notice or order given under the authority of the Minister or of the

Commander, as the case may be, shall have the same force and

effect as a direction, notice or order given by the Minister or by the

Commander, as the case may require.

(1) A man of the territorial force may, by order of the

competent military authority, at any time while the part of the

territorial force to which he belongs is embodied or while he is

serving under article 28(1), be transferred or posted without his

consent to any corps.

(2) Where a man of the territorial force who has been

transferred or posted by virtue of this article continues in service,

then, if he so desires, there shall, as soon as may be convenient

after the end of the period of embodiment or, as the case may be, of

the period of his service under article 28(1), be taken all such steps

as are necessary to enable him to serve again in the corps in which

he was serving at the time when he was first so transferred or

posted.

(3) The last foregoing sub-article shall apply to a man who by

virtue of article 28(4) is deemed to be embodied as if the words "or,

as the case may be, of the period of his service under article 28(1)"

were omitted.

TITLE IV - THE RESERVE FORCE

The reserve force

(1) The reserve force shall consist of the reserve of the

regular force body.

(2) The reserve force shall be governed by such provisions as

may be prescribed and by the following provisions of this Part of

this Act; and different provisions may be prescribed for different

bodies of the reserve force.

Call out of reserves

(1) If it appears to the President of Malta that national

danger is imminent or that a great emergency has arisen, he may

subject to the following provisions of this article, by order signified

under the hand of the Minister, authorise the calling out of any

reserve force on permanent service.

(2) Where an order is made under sub-article (1) the occasion

thereof shall forthwith be communicated to the House.

(3) An order in force under sub-article (1) may be revoked by

an order of the President of Malta signified as therein mentioned;

but the revocation shall not affect the liability for service of any

person called into service by virtue of the order at the time of its

revocation.

(1) In any case where an order is in force under article

32(1) authorising the calling out of a reserve force, any member of

that force (hereafter in this article referred to as a "reservist") may

be called into service by the Minister by notice in writing.

(2) A notice under sub-article (1) (hereafter in this Act referred

to as a "call-out notice") shall specify the time and place at which

the reservist is to present himself; and a call-out notice shall be

deemed to be served on the reservist if it is delivered to him

personally or sent by registered post to him at his latest address

known to the appropriate military authorities.

(3) A call-out notice may be revoked or varied by the Minister

by a subsequent notice in writing, and the last foregoing sub-article

shall apply to the service of such a notice as it applies to the service

of a call-out notice.

(4) Where a reservist who is liable to be called into service by a

call-out notice -

(a) attends in person at such place as may be prescribed;

and

(b) presents himself for service to such authority as may

be prescribed; and

(c) is informed by that authority that by virtue of this sub-

article he is accepted for service,

he shall be deemed to have been served with a call-out notice

specifying as the time and place mentioned in sub-article (2) the

time at which he is informed and the place at which he attends as

aforesaid; and any call-out notice previously issued for him shall

cease to have effect, without prejudice to any liability arising from

his failure to comply with the notice before he attends as aforesaid.

Save as may be otherwise prescribed, a member of the

reserve force who is called out on permanent service shall be liable

to serve until his services are no longer required or until the

expiration of his term of service in that reserve whichever first

occurs.

In any case where -

(a) the services of a person called into service by a call-

out notice are no longer required; or

(b) the person is in service in pursuance of a call-out

notice at the expiration of the period of his liability for

service,

he shall be entitled to be released from whole-time service in the

prescribed manner with all convenient speed.

(1) The Commander may, for the purpose of national

missions or any other task, authorise Commanding Officers or any

other officer under their instruction to call out any reservist from

the Volunteer Reserve Force in order to participate and assist the

regular force in any said national mission or other task.

(2) Commanding Officers or any other officer under their

instruction shall set with the reservist’s consent, the date, time,

duration and place at which the reservist is to be present and a call

out notice shall be deemed to be served on the reservist if it is

communicated to him personally by any means.

(3) A call out notice may be revoked or varied by the

Commander by a subsequent communication.

Training

(1) A member of a reserve force may, in accordance with

such provisions as may be prescribed, be called out in any year for

minimum training consisting of two hundred and forty hours of

training per year, with each training session being of not less than

four consecutive hours but not in excess of eight continuous days

Provided that during the first year of engagement, training

periods shall consist mainly of basic soldiering skills. During the

second and subsequent years, train in g shal l be mad e u p of

specialised skills training which may also include on the job

training with any body of the force.

(2) Where a member of a reserve force, without leave lawfully

granted, or such sickness or other reasonable excuse as may be

allowed in the prescribed manner, fails to appear at the time and

place appointed for training, he shall be liable on summary

conviction to a fine (ammenda) not exceeding eleven euro and

sixty-five cents (11.65).

PART III

MILITARY OFFENCES

Treachery, cowardice and offences arising out of military service

(1) Any person subject to military law who with intent to

assist the enemy -

(a) abandons or delivers up any place or post which it is

his duty to defend, or induces any person to abandon

or deliver up any place or post which it is that person’s

duty to defend; or

(b) does any act calculated to imperil the success of

operations of the force, or of any forces cooperating

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

international usage; or

(d) furnishes the enemy with arms or ammunition or with

supplies of any description or with any other thing

likely to assist him (whether similar to any of the

things aforesaid or not); or

(e) harbours or protects an enemy not being a prisoner of

war; or

(f)

gives any false air signal or alters or interferes with

any air signal or any apparatus for giving an air signal;

or

(g) when ordered by his superior officer, or otherwise

under orders, to carry out any warlike operations in the

air fails to use his utmost exertions to carry such

orders into effect; or

(h) causes the capture or destruction by the enemy of any

of the force’s aircraft or the aircraft of any force

cooperating with the force,

shall, on conviction by court-martial, be liable to imprisonment for

life or any other punishment provided by this Act.

(2) Any person subject to military law who knowingly and

without lawful excuse does any of the acts specified in paragraphs

(a) to (e) of the last foregoing sub-article shall, where it is not

proved that he acted with intent to assist the enemy, be liable on

conviction by court-martial to imprisonment or other less

punishment provided by this Act.

(3) Any person subject to military law who negligently causes

the capture or destruction by the enemy of any of the force’s

aircraft or the aircraft of any force cooperating with the force shall,

on conviction by court-martial, be liable to imprisonment or any

less punishment provided by this Act.

(1) Any person subject to military law who with intent to

assist the enemy communicates with or gives intelligence to the

enemy shall, on conviction by court-martial, be liable to

imprisonment for life or any other punishment provided by this

Act.

(2) Any person subject to military law 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 Act.

(3) Any person subject to military law 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 Act.

(4) In this article the expressions "intelligence" and

"information useful to an enemy" mean 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 the

enemy, and in particular (but without prejudice to the generality of

the foregoing provisions of this sub-article) 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,

disposition, movement or condition of any part of the

force or of any forces cooperating therewith, or of any

of the ships or aircraft of the force or of the ships or

aircraft of any such cooperating force;

(b) any operations or projected operations of any of such

forces, ships or aircraft as aforesaid;

(c) any code, cipher, call sign, password or countersign;

(d) any measures for the defence or fortification of any

place;

(e) the number, description or location of any prisoners of

war;

(f)

munitions of war.

(1) Any person subject to military law 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; or

(c) does any of the acts specified in article 37(1)(f) to (h),

in such a manner as to show cowardice, or otherwise behaves in

such a manner as to show cowardice, shall be guilty of an offence

against this article.

(2) Any person subject to military law who when before the

enemy induces other persons subject to military law and before the

enemy to commit an offence under the last foregoing sub-article

shall be guilty of an offence against this article.

(3) Any person guilty of an offence against this article shall, on

conviction by court-martial, be liable to imprisonment or any less

punishment provided by this Act.

Any person subject to military law who -

(a) spreads (whether orally, in writing, by signal, or

otherwise) reports relating to operations of the force,

or of any forces cooperating therewith, or of any part

of any of those forces, being reports calculated to

create despondency or unnecessary alarm; or

(b) when before the enemy uses words calculated to create

despondency or unnecessary alarm,

shall, on conviction by court-martial, be liable to imprisonment or

any less punishment provided by this Act.

(1) Any person subject to military law who, through

disobedience to orders or wilful neglect of his duty, is captured by

the enemy shall be guilty of an offence against this article.

(2) Any person subject to military law who, having been

captured by the enemy, fails to take, or prevents or discourages any

o th e r s uc h pe r s o n c a p t ur e d b y t he en e m y f r om tak i ng , a ny

reasonable steps to rejoin the force which are available to him or, as

the case may be, to that other person shall be guilty of an offence

against this article.

(3) Any person guilty of an offence against this article shall, on

conviction by court-martial, be liable to imprisonment or any less

punishment provided by this Act.

(1) Any person subject to military law who 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 relieved

or otherwise absents himself from any place where it is

his duty to be,

shall be guilty of an offence against this article.

(2) For the purposes of this article a person shall be treated as

being drunk if owing to the influence of alcohol or any drug,

whether alone or in combination with any other circumstances, he

is unfit to be entrusted with his duty.

(3) Any person subject to military law who strikes or otherwise

uses force against any person on guard duty, being a member of the

force or of any forces cooperating therewith, or by the threat of

force compels any such person to let him or any other person pass,

shall be guilty of an offence against this article.

(4) Any person guilty of an offence against this article shall, on

conviction by court-martial, be liable to imprisonment or any less

punishment provided by this Act

Provided that if the offence was not committed on active service

he shall not be liable to be imprisoned for more than two years.

(5) References in this article to a person on guard duty are

references to a person who -

(a) is posted or ordered to 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 article shall apply in

relation to persons posted or ordered to patrol, or members of a

party mounted or ordered to patrol, for the purposes of preventing

or controlling access to or egress from any premises or place, or of

regulating traffic by road, by rail or any inland navigation, as they

apply to persons on guard duty.

Any person subject to military law 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 vehicle,

equipment or stores abandoned by the enemy,

shall be guilty of looting and shall be liable, on conviction by

court-martial, to imprisonment or any less punishment provided by

this Act.

Mutiny and insubordination

(1) Any person subject to military law 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 military law to take part

in such a mutiny, whether actual or intended,

shall, on conviction by court-martial, be liable to imprisonment for

life or any other punishment provided by this Act.

(2) Any person subject to military law who, in a case not

falling within the last foregoing sub-article, takes part in a mutiny,

or incites any person subject to military 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 provided

by this Act.

(3) In this Act the expression "mutiny" means a combination

between two or more persons subject to military law, or between

persons two at least of whom are subject to military law -

(a) to overthrow or resist lawful authority in the force or

any forces cooperating 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

the force or in any forces cooperating therewith or in

any part of any of the said forces.

Any person subject to military law who, knowing that a

mutiny is taking place or is intended -

(a) fails to use his utmost endeavours to suppress or

prevent it; or

(b) fails to report without delay that the mutiny is taking

place or is intended,

shall on conviction by court-martial -

(i)

if his offence was committed with intent to assist

the enemy, be liable to imprisonment for life or

any other punishment provided by this Act;

(ii) in any other case, be liable to imprisonment or

any less punishment provided by this Act.

(1) Any person subject to military law who -

(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 Act

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 article the expression

"superior officer", in relation to any person, means an officer,

warrant officer or non-commissioned officer of the regular force, or

any such officer of the territorial force while he is subject to

military law, who is of superior rank and includes an officer,

warrant officer or non-commissioned officer as aforesaid of equal

rank but greater seniority while exercising authority as the said

person’s superior.

(1) Any person subject to military law who, in such

manner as to show a wilful defiance of authority, disobeys any

l aw f u l c o m m a n d g i v e n o r se n t t o h i m p e r s o n a l l y sh a l l , o n

conviction by court-martial, be liable to imprisonment or any less

punishment provided by this Act.

(2) Any person subject to military law who, whether wilfully or

through neglect, disobeys any lawful command shall, on conviction

by court-martial, be liable to imprisonment or any less punishment

provided by this Act

Provided that if the offence was not committed on active

service he shall not be liable to be imprisoned for more than two

years.

Any person subject to military law 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 or not) legally 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 Act.

(1) Any person subject to military law who contravenes or

fails to comply with any provision of orders to which this article

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 Act.

(2) This article 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.

(1) Any person subject to military law who -

(a) deserts; or

(b) persuades or procures any person subject to military

law to desert,

shall, on conviction by court-martial, be liable to imprisonment or

any less punishment provided by this Act

Provided that a person shall not be liable to be imprisoned

for more than two years unless -

(i)

if the offence was against paragraph (a), he was

on active service or under orders for active

service at the time when it was committed; or

(ii) if the offence was an offence against paragraph

(b), the person in relation to whom it was

committed was on active service or under orders

for active service at that time.

(2)

For the purposes of this Act a person deserts who -

(a) leaves the service of the force or, when it is his duty to

do so, fails to join or rejoin that 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 part of the

force without having resigned his commission, or

being a man of the force enlists in or enters any part of

the force without having been discharged from his

previous enlistment; or

(c) absents himself without leave with intent to avoid

serving at any place overseas, when he is liable so to

serve, or to avoid service or any particular service

when before the enemy; or

(d) being an officer or man of the territorial force, fails to

appear at the time and place appointed for assembling

on embodiment or at the time and place appointed on

his being called out for special service, as the case may

be, in accordance with directions given under article

26 or article 28, with the intention, subsisting at the

time of failure or formed thereafter, of remaining

permanently absent from duty,

and references in this Act to desertion shall be construed

accordingly.

(3) In addition to or in lieu of any punishment authorised by

sub-article (1), the court-martial by whom a man of the regular

force is convicted of desertion may direct that the whole or any part

of his service previous to the period as respects which he is

convicted of having been a deserter shall be forfeited.

(1) Any person subject to military law who -

(a) absents himself without leave; or

(b) persuades or procures any person subject to military

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 Act.

(2) For the purposes of this Act, failure by an officer or man of

the territorial force to appear at the time and place appointed for

assembling on embodiment or at the time and place appointed on

his being called out for special service, as the case may be, in

accordance with directions given under article 26 or article 28,

shall, if such failure is without leave lawfully granted or such

sickness or other reasonable excuse as may be allowed in the

prescribed manner, be deemed to be absence without leave within

the meaning of sub-article (1), and this Act shall apply to, or in

relation to, such person accordingly.

Any person subject to military law who -

(a) knowingly assists any person subject to military law to

desert or absent himself without leave; or

(b) knowing that a person subject to military law has

deserted or absented himself without leave, or is

attempting to desert or to absent himself without leave,

fails to report that fact without delay, or fails to take

any steps in his power to cause that person to be

apprehened,

shall, on conviction by court-martial, be liable to imprisonment for

a term not exceeding two years or any less punishment provided by

this Act.

Any person subject to military law who for the purpose of

obtaining leave or prolonging his leave knowingly makes any false

statement to any military authority, to a member of the Police force

or to any person authorised by or under instructions of the

Commander to act for the purpose of obtaining prolongation of

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 Act.

Any person subject to military law who without reasonable

excuse fails to attend for any parade or other military duty of any

description or leaves any such parade or duty as aforesaid before he

is permitted to do so shall, on conviction by court-martial, be liable

to imprisonment for a term not exceeding two years or any less

punishment provided by this Act.

Malingering and drunkenness

(1) Any person subject to military law who -

(a) falsely pretends to be suffering from sickness or

disability; 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 military 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 service,

does or fails to do anything (whether at the time of the

act or omission he is in hospital or not) whereby he

produces or prolongs or aggravates, any sickness or

disability,

shall be guilty of malingering and shall, on conviction by court-

martial, be liable to imprisonment for a term not exceeding two

years or any less punishment provided by this Act.

(2)

In this article the expression "unfit" includes temporarily

unfit.

(1) Any person subject to military law who is guilty of

drunkenness, whether on duty 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 Act

Provided that where the offence is committed by a man of the

force neither on active service nor on duty the sentence imposed

shall not exceed detention for a period of six months.

(2) For the purposes of this article 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 be entrusted with his duty or with any duty which he may

be called upon to perform, or behaves in a disorderly manner likely

to bring discredit to the service.

Offences relating to property

(1) Any person subject to military law who -

(a) steals or fraudulently misapplies any public or service

property, or is concerned in or connives at the stealing

or fraudulent misapplication of any public or service

property; or

(b) receives, or undertakes or assists in the retention,

MALTA ARMED FORCES

removal, disposal or realisation by or for the benefit of

another person of, any stolen goods or of goods

fraudulently misapplied knowing the same to have

been stolen or to have been fraudulently misapplied,

where such goods were public or service property; or

(c) wilfully damages, or is concerned in the wilful damage

of, any public or service property, including aircraft or

aircraft material; or

(d) by wilful neglect causes damage by fire to any public

or service property; or

(e) by wilful neglect causes damage to, or the loss of any

public or service property consisting of aircraft or

aircraft material; or

(f)

without lawful authority disposes of any public or

service property consisting of aircraft or aircraft

material,

shall on conviction by court-martial, be liable to imprisonment or

any less punishment provided by this Act.

(2) Any person subject to military law who, during a state of

war, wilfully and without proper occasion or negligently causes the

sequestration by or under the authority of a neutral state or the

destruction in a neutral state of any of the force’s aircraft shall, on

conviction by court-martial, be liable to imprisonment or any less

punishment provided by this Act

Provided that if he has not acted wilfully or with wilful

neglect he shall not be liable to imprisonment for a term exceeding

two years.

Any person subject to military law who -

(a) steals or fraudulently misapplies any property

belonging to a person subject to military law, or is

concerned in or connives at the stealing or fraudulent

misapplication of any such property; or

(b) receives, or undertakes or assists in the retention,

removal, disposal or realisation by or for the benefit of

another person of, any stolen goods or of goods

fraudulently misapplied knowing the same to have

been stolen or to have been fraudulently misapplied,

where such goods belonged to a person subject to

military law; or

(c) wilfully damages, or is concerned in the wilful damage

of, any property belonging to a person subject to

military 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 Act.

Any person subject to military law who -

(a) loses or by negligence damages any public or service

property of which he has the charge or which has been

entrusted to his care or which forms part of property of

which he has the charge or which has been entrusted to

his care; or

(b) by negligence loses or damages any public or service

property consisting of aircraft or aircraft materials; or

(c) is guilty of any act or neglect likely to cause damage

to, or the loss of, any public or service property

consisting of aircraft or aircraft material; or

(d) by negligence causes damage by fire to any public or

service property; or

(e) loses or by negligence damages, any clothing, arms,

ammunition or other equipment issued to him for his

use for military purposes; or

(f)

fails to take proper care of any animal or bird used in

the public service which is in his charge; or

(g) makes away (whether by pawning, selling, destruction

or in any other way) with any military decoration

granted to him or any clothing, arms, ammunition or

other equipment issued to him for his use for military

purposes,

shall, on conviction by court-martial, be liable to imprisonment for

a term not exceeding two years or any less punishment provided by

this Act

Provided that it shall be a defence for any person charged

under this article with losing any property, clothing, arms,

ammunition or other equipment that he took reasonable steps for

the care and preservation thereof.

Offences relating to, and by, persons in custody

(1) Any person subject to military law 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

commanding officer or the 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 article.

(2) Any person subject to military law 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-

commissioned 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

article.

(3) Where any person (hereinafter referred to as "the prisoner")

is committed to the charge of a person subject to military law who

is in command of a guard, then if without reasonable cause that

person does not as soon as he is relieved from his guard and any

further duty, or, if he is not sooner relieved, within twenty-four

hours after the committal, give to the officer to whom it is his duty

to report -

(a) a written statement containing, so far as known to him,

the prisoner’s name and alleged offence and the name

and rank or other description of the officer or other

person by whom the prisoner is alleged to have

committed the offence, and

(b) if he has received it, the report required by the last

foregoing sub-article,

he shall be guilty of an offence against this article.

(4) Any person guilty of an offence against this article shall, on

conviction by court-martial, be liable to imprisonment for a term

not exceeding two years or any less punishment provided by this

Act.

(1) Any person subject to military law who wilfully allows

to escape any person who is committed to his charge, or whom it is

his duty to guard, shall, on conviction by court-martial, be liable to

imprisonment or any less punishment provided by this Act.

(2)

Any person subject to military law who -

(a) without proper authority releases any person who is

committed to his charge; or

(b) without reasonable excuse allows to escape any person

who is committed to his charge, or whom it is his duty

to guard,

shall on conviction by court-martial, be liable to imprisonment for

a term not exceeding two years or any less punishment provided by

this Act.

(1) Any person subject to military law 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 article whether or not the officer is his superior officer.

(2) Any person subject to military law who strikes or otherwise

uses violence to, or offers violence to, any person, whether subject

to military law or not, whose duty it is to apprehend him or in

whose custody he is, shall be guilty of an offence against this

article.

(3) Any person guilty of an offence against this article shall, on

conviction by court-martial, be liable to imprisonment for a term

not exceeding two years or any less punishment provided by this

Act.

Any person subject to military law who escapes from

arrest, prison or other lawful custody (whether military 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 Act.

Offences in relation to courts-martial

(1) Any person subject to military law 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 on 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 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,

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 not exceeding two years or any less

punishment provided by this Act.

(2) Notwithstanding anything in the last foregoing sub-article,

where an offence against paragraph (e) or (f) of that sub-article is

committed in relation to any court-martial held in pursuance of this

Act 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 man of

the force, either to be imprisoned for such a period or to undergo

detention for such period.

(1) Any person subject to military law who, having been

lawfully sworn as a witness or as an interpreter in proceedings

before a court-martial or before any board or person having power

by virtue of this Act to administer oaths, makes a statement

material in those proceedings which he knows to be false or does

not believe to be true shall, on conviction by court-martial, be

liable to imprisonment for a term not exceeding two years or any

less punishment provided by this Act.

(2) A person shall not be liable to be convicted of an offence

against this article solely upon the evidence of one witness as to the

falsity of any statement alleged to be false.

Miscellaneous offences

Any person who, when before a recruiting officer for the

purpose of being attested in pursuance of Part II of this Act, has

knowingly made a false answer to any question contained in the

attestation paper and put to him by or by the direction of the

recruiting officer shall if he has since become and remains subject

to military law be liable, on conviction by court-martial, to the like

imprisonment as on summary conviction of an offence against

article 18 or to any less punishment provided by this Act.

Any person subject to military law who -

(a) makes, signs or makes an entry in any service report,

return, paylist or certificate or other service document,

being a document or entry which is to his knowledge

false in a material particular; or

(b) alters any service report, return, paylist 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

military law of an offence against this article (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 Act.

Any person subject to military law who, in any country or

territory outside Malta, commits any offence against the person or

property of any member of the civil population shall, on conviction

by court-martial, be liable to imprisonment for a term not

exceeding two years or any less punishment provided by this Act.

Every officer subject to military law who behaves in a

scandalous manner, unbecoming the character of an officer and a

gentleman, shall, on conviction by court-martial, be cashiered.

If -

(a) any officer subject to military law strikes or otherwise

ill-treats any officer subject thereto of inferior rank or

less seniority or any man of the force subject to

military law; or

(b) any warrant officer or non-commissioned officer

subject to military law strikes or otherwise ill-treats

any person subject to military law, being a warrant

officer or non-commissioned officer of inferior rank or

less seniority or any other man of the force,

he shall, on conviction by court-martial, be liable to imprisonment

for a term not exceeding two years or any less punishment provided

by this Act.

A person subject to military law who is guilty of

disgraceful conduct of a cruel, indecent or unnatural kind shall, on

conviction by court-martial, be liable to imprisonment for a period

not exceeding two years or any less punishment provided by this

Act.

Any person subject to military law who -

(a) makes an accusation against an officer or man of the

force subject to military 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 man of the force subject to military law,

which he knows to be false or does not believe to be

true, or wilfully suppresses any material facts,

shall, on conviction by court-martial, be liable to imprisonment for

a term not exceeding two years or any less punishment provided by

this Act.

Any person subject to military law who attempts to commit

an offence against any of the foregoing provisions of this Part of

this Act shall, on conviction by court-martial, be liable to the like

punishment as for that offence.

Any person subject to military law who is guilty of any act,

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

punishment provided by this Act.

Civil offences

(1) Any person subject to military law who commits a

civil offence outside Malta shall be guilty of an offence against this

article.

(2) In this Act the expression "the corresponding civil offence"

means the civil offence the commission of which constitutes the

offence against this article.

(3) A person convicted by court-martial of an offence against

this article shall be liable to suffer any punishment or punishments

which a civil court could award for the corresponding civil offence,

if com mitted in Malta, being a punishment or punishm ent s

provided by this Act, or such punishment, less than the maximum

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

detention in the case of a man of the force, as is so provided.

PART IV

TRIAL AND PUNISHMENT OF MILITARY OFFENCES

Punishments

(1) The punishments which may be awarded to an officer

by sentence of a court-martial under this Act are, subject to the

limitations hereinafter provided on the powers of certain courts-

martial, those set out in the following scale; and in relation to an

officer references in this Act to punishments provided by this Act

are references to those punishments.

(2)

The said scale is

(a) imprisonment for life;

(b) imprisonment for a term not exceeding twenty-five

years;

(c) cashiering;

(d) dismissal from the service;

(e) forfeiture in the prescribed manner of seniority of

rank;

(f)

fine;

(g) severe reprimand or reprimand;

(h) where the offence has occasioned any expense, loss or

damage, stoppages.

(3) For the purposes of Part III and of this Part of this Act a

punishment specified in any paragraph of the said scale shall be

treated as less than the punishments specified in the preceding

paragraphs, and greater than those specified in the following

paragraphs, of the scale.

(4) Save as expressly provided in this Act, 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 forfeiture of seniority of rank or fine.

(7) Where an officer is sentenced by a court-martial to

imprisonment 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.

(1) The punishments which may be awarded to a man of

the force by sentence of a court-martial under this Act are, subject

to the limitations hereinafter provided on the powers of certain

courts-martial, those set out in the following scale; and in relation

to a man of the force references in this Act to punishments provided

by this Act are references to those punishments.

(2)

The said scale is

(a) imprisonment for life;

(b) imprisonment for a term not exceeding twenty-five

years;

(c) dismissal with disgrace from the service;

(d) dismissal from the service;

(e) detention for a term not exceeding two years;

(f)

where the offender is on active service on the day of

the sentence, field punishment for a period not

exceeding ninety days;

(g) in the case of a warrant officer or non-commissioned

officer, reduction to the ranks or any less reduction in

rank;

(h) in the case of a warrant officer or non-commissioned

officer, forfeiture in the prescribed manner of seniority

or rank;

(i)

where the offence is desertion, forfeiture of service;

(j)

where the offender is on active service on the day of

the sentence, forfeiture of pay for a period beginning

with the day of the sentence and not exceeding ninety

days;

(k) fine;

(l)

in the case of a warrant officer or non-commissioned

officer, severe reprimand or reprimand;

(m) where the offence has occasioned any expense, loss or

damage, stoppages.

(3) For the purpose of Part III and of this Part of this Act a

punishment specified in any paragraph of the said scale shall be

treated as less than the punishments specified in the preceding

paragraphs, and greater than those specified in the following

paragraphs, of the scale

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 Act, not more than one

punishment shall be awarded by a court-martial for one offence.

(5)

A man of the force sentenced by a court-martial to

imprisonment may in addition thereto be sentenced to dismissal

with disgrace from the service or to dismissal from the service.

(6) A man of the force sentenced by a court-martial to

dismissal from the service may in addition be sentenced to

detention.

(7) Where a warrant officer or non-commissioned officer is

sentenced by a court-martial to imprisonment, detention or field

punishment, he shall also be sentenced to be reduced to the ranks

Provided that if the court-martial fails to sentence him to be

so reduced, the sentence shall not be invalid but shall be deemed to

include a sentence of reduction to the ranks.

(8) In the case of a warrant officer or non-commissioned

officer a severe reprimand or reprimand may be awarded by a

court-martial in addition to forfeiture of seniority of rank or fine.

(9) Where an offender is on active service when sentence of a

court-martial is announced, forfeiture of pay may be awarded in

addition to field punishment and, in a case where he is a warrant

o ff i c e r o r n o n - c o m m i s s i o n e d o ff i c e r, s e v e r e r e p r i m a n d o r

reprimand may be awarded in addition to forfeiture of pay.

(10) Stoppages may be awarded by a court-martial either in

addition to or without any other punishment.

(11) Where an offender has been sentenced by a court-martial

under this Act to detention, then if he is subsequently sentenced by

a court-martial under this Act to imprisonment any part of the

sentence of detention which has not been served shall thereupon be

remitted by virtue of this sub-article.

(12) Without prejudice to the validity of any award, an offender

shall not be kept continuously in detention under this Act for more

than two years.

(1) 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 or under rules to be made by the

Minister or, in the absence of such rules, as may be directed by the

commanding officer or the officer appointed to supervise the

carrying out of field punishment, and may include confinement in

such place and manner as may be provided or directed as aforesaid

and such personal restraint as may be necessary to prevent the

escape of the offender and as may be so provided.

(2) Rules under this article may contain such incidental and

supplementary provisions as appear to the Minister to be requisite

for the purposes of the rules.

(1) The amount of a fine that may be awarded by a court-

martial under this Act by way of punishment for an offence -

(a) except in the case of an offence against article 75, shall

not exceed the amount of the offender’s pay for

twenty-eight days; and

(b) in the said excepted case, where the civil offence

constituting the offence against that article is

punishable by a civil court in Malta by a fine, shall not

exceed the maximum of that fine.

(2) The amount of a fine that may be awarded by way of

punishment for an offence where, under this Act, a charge is dealt

with summarily -

(a) except in the case of an offence against the said article

75, shall not exceed the amount of the offender’s pay

for fourteen days; and

(b) in the said excepted case -

(i)

in any case, shall not exceed the amount

mentioned in the foregoing paragraph;

(ii) where the civil offence constituting the offence

against that article is punishable by a civil court

in Malta by a fine of a maximum amount less

than the amount so mentioned, shall not exceed

that maximum.

(3) For the purposes of this article a day’s pay shall, as regards

a person found guilty of an offence, be deemed to be the gross pay

that is, or would (apart from any forfeiture) be, issuable to that

person in respect of the day on which punishment is awarded in

respect of the offence.

(4) Nothing in the foregoing provisions of this article shall be

taken as affecting the amount of the fine that may be awarded by

virtue of article 179(3)(a) or (b) to a person to whom Part III and

this Part of this Act apply by virtue of that article.

Arrest

(1) Any person subject to military law found committing

an offence against any provisions of this Act, or alleged to have

committed or reasonably suspected of having committed any such

offe nce , m ay be arreste d in acc ordan ce wi th t he f ol lo wi ng

provisions of this article.

(2) An officer may be arrested by an officer of the regular force

of superior rank, or, if engaged in a quarrel or a disorder, by such

an officer of any rank.

(3) A man of the force may be arrested by any officer, warrant

officer or non-commissioned officer of the regular force

Provided that a person shall not be arrested by virtue of this

sub-article except by a person of superior rank.

(4) A provost officer, or any officer, warrant officer, non-

commissioned officer or other military personnel legally exercising

authority under a provost officer or on his behalf, may arrest any

officer or man of the force

Provided that an officer shall not be arrested by virtue of

this sub-article except on the order of another officer.

(5)

The power of arrest given to any person by this article may

(subject to the provisions of regulations or orders made under

article 4) be exercised either personally or by ordering into arrest

the person to be arrested or by giving orders for that person’s arrest.

(1) The allegations against any person subject to military

l a w w ho i s un de r ar r e s t sh a ll be d ul y in v e s ti g a te d wi th ou t

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, having been

taken into military custody, remains under arrest for a longer period

than eight days without a court-martial for his trial being

assembled, a special report on the necessity for further delay shall

be made in the prescribed manner by his commanding officer to the

officer who would be responsible for convening the court-martial

for the trial of the person under arrest and to the Attorney General,

and a similar report shall be made to the like authorities 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 sub-article 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 article 60(1), 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 the last foregoing

sub-article.

Investigation of, and summary dealing with, charges

Before an allegation against a person subject to military

law (hereinafter referred to as "the accused") that he had committed

an offence against any provision of Part III of this Act 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.

(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 Act to deal with it summarily, be so dealt with by that authority

(in this Act referred to as "the appropriate superior authority") in

accordance with those provisions.

(2) After investigation, a charge against a man of the force

other than a warrant officer may be dealt with summarily by his

commanding officer, subject to and in accordance with the

following provisions of this Part of this Act.

(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 article, where -

(a) the commanding officer has investigated a charge

against an officer or warrant officer, or

(b) the commanding officer has investigated a charge

against a man of the force other than a warrant officer

which is not a charge 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 Act 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.

(1) The following provisions of this article 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

summarily 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 soldier, detention for a period not

exceeding twenty-eight days or, if the accused is on

active service, field punishment for a period not

exceeding twenty-eight days;

(b) if the accused is a soldier who is on active service on

the day of the sentence, forfeiture of pay for a period

beginning with the day of the sentence and not

exceeding twenty-eight days;

(c) fine;

(d) if the accused is a non-commissioned officer, severe

reprimand or reprimand;

(e) where the offence has occasioned any expense, loss or

damage, stoppages;

(f)

any of the following minor punishments, that is to say

(i) admonition;

(ii) extra guards not exceeding three in number;

(iii) confinement to barracks outside normal working

hours up to a maximum of five hours in any one

day for a period not exceeding fourteen days; or

(iv) such other minor punishment for the time being

prescribed

Provided that no forfeiture of pay, fine or minor punishment

shall be awarded for an offence for which detention is awarded, and

that no fine shall be awarded for an offence for which field

punishment or forfeiture of pay is awarded.

(4) Where the accused is a lance-corporal or lance-bombardier,

and the commanding officer finds him guilty, the commanding

o ff i c e r m a y, i f he aw a r d s n o o t h e r p u n i s h m e n t o r n o o t he r

punishment except stoppages, order the accused to be reduced to

the ranks.

(5) Where an accused is an acting warrant officer or non-

commissioned officer, and the commanding officer finds him

g ui lt y, th e c o m ma ndi ng o ff i c e r m ay, if he awards no other

punishment or no other punishment except stoppages, order the

accused to revert to his permanent rank or to assume an acting rank

lower than that held by him but higher than his permanent rank or,

where his permanent rank is that of lance-corporal or lance-

bombardier, to forfeit his acting rank and be reduced to the ranks.

(6) Notwithstanding anything in sub-article (3), where the

commanding officer has determined that the accused is guilty and if

the charge is dealt with summarily will award a punishment other

than fine or stoppages not exceeding seven days’ pay, severe

reprimand, reprimand or a minor punishment, or where a finding of

guilty (whatever the punishment awarded) will involve a forfeiture

of pay exceeding seven days, 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 withdraw his election, the commanding

officer shall not record a finding but shall take the prescribed steps

with a view to the charge being tried by court-martial.

(7) Where the 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 the four last

foregoing sub-articles 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.

(1) After investigating a charge against an officer or

warrant officer, the commanding officer shall, unless he has

dismissed the charge, or the case is one where he has power, and

proposes, to direct trial by field general court-martial submit it in

the prescribed manner to higher authority; and thereupon it shall be

determined by such authority how the charge is to be proceeded

with in accordance with the two next following sub-articles.

(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

auth ority, that auth ority shall investigate the charge in the

prescribed manner and determine whether the accused is guilty of

the charge and accordingly dismiss the charge or record a finding

of guilty

Provided that if in the course of investigating the charge the

authority determines that it is desirable that the charge should be

tried by court-martial, the prescribed steps shall be taken with a

view to its being so tried.

(5) If the appropriate superior authority records a finding of

guilty, the authority may award one or more of the following

punishments, that is to say

(a) forfeiture in the prescribed manner of seniority of

rank;

(b) fine;

(c) severe reprimand or reprimand;

(d) where the offence has occasioned any expense, loss or

damages, stoppages,

except that he may not award both forfeiture of seniority of rank

and fine.

(6) Notwithstanding anything in sub-article (4), where the

appropriate superior authority has determined that the accused is

guilty and if the charge is dealt with summarily will award

forfeiture of seniority, fine or stoppages exceeding seven days’ pay,

or where a finding of guilty will involve a forfeiture of pay

exceeding seven days, 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 prescribed steps with a view to

the charge being tried by court-martial.

(1) Notwithstanding anything in the two last foregoing

articles, where a charge -

(a) has been referred to higher authority with a view to its

being tried by court-martial; or

(b) has been submitted to higher authority

for

determination how it is to be proceeded with,

that authority may, subject to the provisions of this article, refer the

charge back to the commanding officer of the accused with a

direction that it shall be dismissed, and in any such case the

commanding officer shall dismiss the charge.

(2) The reference back of a charge in pursuance of this article

shall be without prejudice to the preferring of another charge if the

higher authority has so directed or the commanding officer thinks

fit.

(1) Where in such manner as may be prescribed or as the

Commander may approve a man of the regular force signs a written

confession that he has been guilty of desertion, his commanding

officer may, notwithstanding anything in the foregoing provisions

of this Part of this Act, submit the confession for the consideration

of the Commander or such officer not below the rank of colonel as

may be prescribed.

(2) After considering any such confession the Commander or

such officer as aforesaid may direct that the offence shall not be

tried by court-martial or dealt with summarily by the appropriate

superior authority or commanding officer, and if such a direction is

given the period of his service as respects which he confesses to

have been a deserter shall be forfeited.

(3) A direction under the last foregoing sub-article may further

provide that the whole or any part of the offender ’s service

previous to that as respects which he confesses as aforesaid shall

also be forfeited.

(4) Article 16(2) to (5) shall apply in relation to the forfeiture

of service by virtue of this article subject to the following

modifications

(a) for references to an award of forfeiture of service by

the court-martial there shall be substituted references

to the direction;

(b) for references to the date on which the offender was

convicted there shall be substituted references to the

date on which the direction was given.

(1) In this Act the expression "commanding officer", in

relation to a person charged with an offence, means such officer

having powers of command over that person as may be prescribed.

(2) The following persons may act as appropriate superior

authority in relation to a person charged with an offence, that is to

say

(a) the Commander;

(b) in the absence of the Commander, the deputy

Commander;

(c) such other officer as may be prescribed.

(3) Power conferred by this Act to prescribe in respect of

matters referred to in this article shall include power to confer on

officers, or any class of officers, authorised to exercise the

functions of commanding officer power to delegate those functions,

in such cases and to such extent as may be prescribed, to officers of

a class as may be prescribed.

(1) The charges which may be dealt with summarily by a

commanding officer, and the charges which may be dealt with

summarily by an appropriate superior authority, shall be such as

may be prescribed.

(2) In such cases as may be prescribed, the powers of a

commanding officer or appropriate superior authority to award

p u n i s h m en t s h a l l b e su b j e c t t o s u c h l i m i t a t i o n s a s m a y b e

prescribed.

Courts-martial: General provisions

(1) Subject to the provisions of this article, a charge which

is to be tried by court-martial shall be tried either by general court-

martial or by district court-martial.

(2) Where the officer commanding a body of the force on

active service -

(a) being an officer to whom under article 85(1) a charge

has been submitted for determination how it is to be

dealt with; or

(b) being the accused’s commanding officer who has

investigated a charge which cannot be dealt with

summarily or which in his opinion ought not to be so

dealt with; or

(c) being the accused’s commanding officer or the

appropriate 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 a general or a

district court-martial, the officer may (whether or not he is

authorised to convene general courts-martial) direct that the charge

shall be tried by a field general court-martial.

(1) A general court-martial shall have power to try any

person subject to military law for any offence which under this Act

is triable by court-martial, and to award for any such offence any

punishment authorised by this Act for that offence.

(2) A district court-martial shall have the powers of a general

court-martial except that it shall not try an officer or sentence a

warrant officer to imprisonment, dismissal with disgrace, dismissal

or detention, and shall not award the punishment of imprisonment

for a term exceeding two years.

(3) A field general court-martial shall have the powers of a

general court-martial, except that where the court consists of less

than three officers the sentence shall not exceed imprisonment for a

term of two years.

(1) A general court-martial may be convened by any

officer authorised by the President of Malta by warrant under his

hand to convene general courts-martial or that court-martial, or by

any officer under the command of an officer authorised as aforesaid

to whom the last-mentioned officer has, in the exercise of a power

conferred by the warrant issued to him, delegated his power to

convene general courts-martial.

(2) A district court-martial may be convened by an officer

authorised to convene general courts-martial or by any person

under the command of such an officer whom that officer has

authorised to convene district courts-martial.

(3) A field general court-martial may be convened by the

officer who directed that the charge should be tried by field general

court-martial.

(4) Any warrant under this article, or any authorisation under

this article to convene 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, to a named or

designated officer and to the person for the time being

performing the duties of his office, to a named or

designated officer and his successors in that office or

to a named or designated officer and such person and

successors;

(c) may be varied or may be revoked, either wholly or in

part, by a subsequent warrant of the President of Malta

or, as the case may be, by the officer by whom it was

given or his successor in office.

(1) A general court-martial shall consist of the president

and not less than four other officers.

(2) An officer shall not be appointed a member of a general

court-martial unless he belongs to the force, is subject to military

law and has held a commission in the force or in any of the forces

of a Commonwealth country for a period of not less than three

years or for periods amounting in the aggregate to not less than

three years.

(3) Not less than four of the members of a general court-martial

shall be of a rank not below that of captain.

(4) The president of a general court-martial shall be appointed

by order of the convening officer and shall not be under the rank of

field officer wherever it is practicable to appoint such an officer or

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 a general court-martial

shall not be under the rank of captain.

(5) The members of a general court-martial, other than the

president, shall be appointed by order of the convening officer or in

such other manner as may be prescribed.

(6) An officer under the rank of captain shall not be a member

of a general court-martial for the trial of an officer above that rank.

(1) A district court-martial shall consist of the president

and not less than two other officers.

(2) An officer shall not be appointed to be a member of a

district court-martial unless he belongs to the force, is subject to

military law and has held a commission in the force or in any of the

forces of a Commonwealth country for a period of not less than two

years or for periods amounting in the aggregate to not less than two

years.

(3) The president of a district court-martial shall be appointed

by order of the convening officer and shall not be under the rank of

field officer wherever it is practicable to appoint such an officer or

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 a district court-martial

shall not be under the rank of captain.

(4) The members of a district court-martial, other than the

president, shall be appointed by order of the convening officer or in

such other manner as may be prescribed.

(1) A field general 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) The members of a field general court-martial shall be

persons belonging to the force and subject to military law.

(3) The president of a field general 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 general court-martial, other than the

president, shall be appointed by order of the convening officer or in

such other manner as may be prescribed.

(1) The officer who convened a court-martial shall not be

a member of that court-martial

Provided that if in the case of a field general court-martial

it is not practicable 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

this Act 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 a general or

district court-martial or act as judge advocate at such a court-

martial.

(3)

Where -

(a) the officer convening a general or district court-martial

appoints a captain to be president, either because it is

not practicable to appoint a field officer or because he

is of opinion that a field officer having suitable

qualifications is not, with due regard to the public

service, available; or

(b) an officer directs that an offender shall be tried by a

field general court-martial, being of opinion that it is

not possible without serious detriment to the public

service that the offender should be tried by a general or

district court-martial, or the officer convening a field

general 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,

the order convening the court-martial shall contain a statement of

the said reason or opinion, and that statement shall be conclusive.

(1) Subject to the provisions of this article, a court-martial

shall sit at such place (whether within or outside Malta) as may be

specified in the order convening the court; and the convening

officer 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 interest of

justice to sit at some other place, adjourn for the purpose of sitting

at that other place.

Courts-martial: Provisions relating to trial

(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 the last foregoing sub-article, 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 minimum shall, be filled in the prescribed manner by

another officer.

(1) An oath shall be administered to every member of a

court-martial and to every person in attendance on a court-martial

as judge advocate, officer under instruction, shorthand writer or

interpreter.

(2)

Every witness before a court-martial shall be examined on

oath

Provided that where any child of tender years called as a

witness does not in the opinion of the court understand the nature

of an oath, his evidence may be received, though not given upon

oath, if in the opinion of the court he is possessed of sufficient

intelligence to justify the reception of the evidence and understands

the duty of speaking the truth, so however that when the evidence is

given on behalf of the prosecution the accused shall not be liable to

be convicted unless it is corroborated by some other material

evidence in support thereof implicating the accused.

(3) An oath required to be administered under this article shall

be i n t he p r e s c r i b e d f o r m a n d s h a l l be ad m in i s t e r e d a t t h e

prescribed time by the prescribed person and in the prescribed

manner.

(1) Subject to the provisions of this article, a court-

martial shall sit in open court and in the presence of the accused.

(2) Nothing in the last foregoing sub-article shall affect the

power of a court-martial to sit in camera on the ground that it is

necessary or expedient in the interest 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.

(3) A court-martial shall sit in closed court while deliberating

on their finding or sentence on any charge.

(4) A court-martial may sit in closed court on any other

deliberation amongst the members.

(5) Where a court-martial sits in closed court no person shall be

present except the members of the court and such other persons as

may be prescribed.

(1) Where, whether before or after the commencement of

the trial, it appears to the convening officer necessary or expedient

in the interests of the administration of justice that a court-martial

should be dissolved, the convening officer may by order dissolve

the court-martial.

(2) Without prejudice to the generality of the last foregoing

sub-article, 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 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 sub-article (1), 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 continue 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 article the accused may be tried by another court.

(1) Subject to the provisions of this article, every

question to be determined on a trial by court-martial shall be

determined by a 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 imprisonment for life shall not have effect

unless it is reached with the concurrence of all the 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 an accused is found guilty and the court has power

to sentence him either to imprisonment for life or to some less

punishment, sentence of imprisonment for life shall not be passed

without the concurrence of all the 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

finding, the president shall have a second or casting vote.

(1) Without prejudice to the provisions of article 100, the

finding of a court-martial on each charge shall be announced in

open court.

(2) A finding of guilty shall be, and be announced as being,

subject to confirmation.

(3) Any sentence of a court-martial, together with any

recommendation to mercy, shall be announced in open court, and a

sentence of a court-martial shall be, and be announced as being,

subject to confirmation.

(1) An accused charged before a court-martial with an

offence under this Act may, on failure of proof of the offence

having been committed under circumstances involving a higher

degree of punishment, be found guilty of the offence as having

been committed under circumstances involving a less degree of

punishment.

(2) An accused charged before a court-martial with any offence

under this Act may be found guilty of attempting to commit that

offence or the corresponding civil offence; and if an accused is

charged with attempting to commit an offence under this Act he

may be convicted on that charge notwithstanding that it is proved

that he actually committed the offence or the corresponding civil

offence.

(3) Where in relation to an offence under this Act it is

prescribed that an accused charged before a court-martial with such

offence may be found guilty of another offence which is prescribed

in relation thereto, an accused charged as aforesaid may be found

guilty of another offence prescribed as aforesaid in relation to an

offence with which he is charged.

(1) The rules relating to evidence to be observed in

proceedings before courts-martial shall, saving any provision of

this Act and of any rules made thereunder, be the same as those

observed in civil courts in Malta, 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 Malta.

(2) For the purposes of this article an investigation carried out

under this Act in respect of a charge shall be treated as an inquiry

into a criminal offence held in accordance with the Criminal Code.

(3) A court-martial shall take judicial notice of all matters of

n o t o r i e t y, i n c l u d i n g a l l m a t t e r s w i t h i n t h e g e n e r a l s e r v i c e

knowledge of the court, and of all other matters of which judicial

notice would be taken in a civil court in Malta.

Where in Malta any person not subject to military law -

(a) having been duly summoned to attend as a witness

before a court-martial, fails to comply with the

summons; or

(b) refuses to swear on 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 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 anything which would, if the court-martial had

been a court 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 the Court of Magistrates, and that court

shall thereupon cause a charge to be issued against the person

named in the certificate and deal with such person in respect of the

alleged offence in like manner as if the offence were that of

contempt of the said court.

Offences: Procedure

(1) Subject to the provisions of this article, the Minister

may make rules (hereinafter referred to as Rules of Procedure) with

respect to the procedure to be observed in, and any other matter

r e l a t i ng to , th e in v e s t ig a t i on a n d t ri a l of , a n d a w a r d in g o f

p u n i s h m e n t f o r, o f f e n c e s c o g n i z a b l e b y c o u r t s - m a r t i a l ,

commanding officers and appropriate superior authorities and the

confirmation and revision of, and the appeals from, finding and

sentences of courts-martial, as well as with respect to any matter

which by Part III or by this Part of this Act is required or authorised

to be prescribed

Provided that where the rules provide for the power to

amend charges the rules shall secure that the accused shall not be

thereby prejudiced in his defence and the power aforesaid shall not

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.

(2) Rules of Procedure may further make provision as to the

exercise by a judge advocate of his functions at a trial by court-

martial and, without prejudice to the generality of the foregoing

provisions of this sub-article, may make provision -

(a) as to the effect of advice or rulings given to the court

by a judge advocate on questions of law (which

expression in this sub-article includes questions as to

the joinder of charges and as to the trial of persons

jointly or separately);

(b) 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

instruction, and for applying to the judge advocate and

his proceedings on any such determination such of the

provisions of this Act relating to the court or its

members and the proceedings thereof as may be

specified in the rules.

(3) Rules of Procedure may determine the cases in which and

the extent to which courts-martial may, in sentencing the accused

for any offence for which he is convicted, at the request of the

accused take into consideration other offences against this Act

committed by him, and empower the court, in such cases, to direct

the making of such deductions from the offender’s pay as the court

would have had the 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.

(4) The provisions of article 4(4) and (5) shall apply to rules

made under this article as they apply to regulations or orders made

under that article with the substitution of references to Rules of

Procedure for references to regulations or orders made under the

said article.

Confirmation, revision and review of proceedings of courts-martial

(1) Where a court-martial finds the accused guilty on any

charge, the record of the proceedings of the court-martial shall be

transmitted to a confirming officer for confirmation of the finding

and sentence of the court on that charge.

(2) A finding of guilty or sentence of a court-martial shall not

be treated as a finding or sentence of the court until confirmed

Provided that this sub-article shall not affect the keeping of

the accused in custody pending confirmation or the operation of the

two next following articles or the provisions of this Act as to

confirmation or approval.

At any time after a court-martial has sentenced the

accused, or has found the accused to be unfit to stand his trial or to

be not guilty by reason of insanity, but not later than the prescribed

time after confirmation is completed, the accused may in the

prescribed manner present a petition against finding or sentence or

both.

(1) A confirming officer 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 the evidence;

or

(b) that some question of law determined at the trial and

relevant to the finding was wrongly determined.

(2) Any such direction shall be accompanied by the necessary

directions for the re-assembly 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 greatest of

the punishments 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 officer shall not have power to direct the

revision of any substituted finding come to by the court on a

previous direction of the confirming officer, or the revision of the

original finding if adhered to by the court on such a previous

d irect io n; b ut sav e a s aforesai d th is Act sh all a ppl y to t he

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.

(1) Subject to the provisions of the last foregoing article

and to the following provisions of this article, a confirming officer

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 under all the circumstances of the case unsafe or unsatisfactory

or involves a wrong decision on a question of law or that there was

material irregularity in the course of the trial, or by confirming the

finding or sentence or referring the finding or sentence, or both, for

confirmation to a higher confirming authority

Provided that the confirming officer may, notwithstanding

that he is of opinion that he would apart from this proviso withhold

confirmation of the finding, confirm the finding if he considers that

no miscarriage of justice has actually occurred.

(2) In lieu of withholding confirmation of the finding of a

court-martial, a confirming officer 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 sub-article (4)

should be exercised, or a confirming officer may, if he is of opinion

that the case is not one where there should have been a finding of

not guilty, but that there should have been a finding that the

accused was unfit to stand his trial, substitute a finding that the

accused was unfit to stand his trial.

(3) Where it appears to a confirming officer 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

being greater than the punishment or 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, a confirming

officer may -

(a) remit in whole or in part any punishment awarded by

the court; or

(b) commute any such punishment for one or more

punishments provided by this Act, being less than the

punishment commuted.

(5) In confirming any sentence, a confirming officer may

postpone the carrying out of the sentence for such time as seems

expedient, and a confirming officer may extend or terminate any

postponement ordered under this sub-article.

(6) A finding or sentence substituted by the confirming officer,

or any sentence having effect after the confirming officer has

remitted or commuted punishment, shall be treated for all purposes

as a finding or sentence of the court duly confirmed.

(7) The confirmation of a finding or sentence shall not be

deemed to be completed until the finding or sentence has been

promulgated; and in the event of any such substitution, remission

or commutation as aforesaid the finding or sentence shall be

promulgated as it has effect after the substitution, remission or

commutation.

(8) Where the confirming officer determines to withhold

confirmation, the determination shall be promulgated and shall

have effect as from the promulgation thereof.

(1) Subject to the provisions of this article, the following

shall have power to confirm the finding and sentence of any court-

martial, that is to say

(a) the officer who convened the court-martial or any

officer superior in command to that officer;

(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;

(c) failing any such officer as aforesaid, any person

appointed by the Minister to act as confirming officer,

whether for a particular case or for a specified class of

cases.

(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

investigated the allegations against the accused

Provided that a person excluded by the foregoing

provisions of this sub-article may act as confirming officer for a

field general 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 officer.

(3) A warrant or authorisation empowering the convening of a

general or district 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 warrant or

authorisation, and the powers conferred by sub-article (1) shall be

exercisable subject to any such reservation.

After sentencing any person to imprisonment for life, the

court-martial may recommend in writing to the Commander within

twenty-four hours the minimum period which in its view should

lapse before the prisoner is released from prison. Such

recommendation shall be made available to the person sentenced.

(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 article 109 against the finding or sentence then, subject to the

provisions of this article, 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 Act are

the following

(a) the President of Malta;

(b) a judge designated for the purpose by the President of

Malta.

(3) If an appeal is lodged to the Court of Criminal Appeal, so

much of sub-article (1) as requires the review of a finding or

sentence against which the appeal has been made shall thereupon

cease to apply to the finding to which the appeal relates and the

sentence passed in consequence of that finding.

(4)

On a review under this article the reviewing authority may -

(a) in so far as the review is of a finding, quash the finding

and, if the sentence relates only to the finding quashed,

the sentence;

(b) in so far as the review is of a sentence, quash the

sentence;

(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 officer by article 111(2) to (4),

and any substituted finding or sentence, or sentence having effect

after the remission or commutation of punishment, shall be treated

for all purposes as a finding or sentence of the court duly

confirmed.

(5) Where a reviewing authority exercises any of the powers

conferred by the last foregoing sub-article, the determination of the

authority shall be promulgated and shall have effect as from the

promulgation thereof.

(6) The provisions of article 508 of the Criminal Code shall

apply in relation to a review by a reviewing authority under this

article as they apply in relation to an appeal to the Court of

Criminal Appeal, with such modifications and adaptations as are

referred to in article 116.

Sentences of imprisonment and detention may be

reconsidered by the Commander at any time after confirmation; 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 whole or in part, it shall be remitted

accordingly.

Appeals from courts-martial

(1) The Court of Criminal Appeal (hereinafter referred to

as "the Appeal Court") constituted as provided in article 498(2) of

the Criminal Code shall, in addition to the jurisdiction conferred on

it by the Code, have jurisdiction to hear and determine appeals

from courts-martial.

(2) Subject to the provisions of this Act, the provisions of the

said Code relating to the Appeal Court and to appeals made to that

court under Title V of Part I of Book Second of that Code shall

apply to the Appeal Court in the exercise of its jurisdiction under

this Act and to appeals made under this Act, and the provisions

relating to a re-trial ordered by the said court shall, in so far as they

refer to the Criminal Court, apply to a court-martial upon such a re-

trial, but shall so apply with such modifications and adaptations as

are necessary to give effect to the provisions of this Act and in

particular, but without prejudice to the generality of the foregoing,

with the substitution of references to court-martial for references to

jury or to Criminal Court, of references to charge for references to

indictment, and of references to finding for references to verdict.

(1) Subject to the provisions of this Act, a person

convicted by court-martial may appeal to the Appeal Court against

his conviction or, except where the sentence is one fixed by law,

against the sentence passed on his conviction.

(2) Subject as aforesaid, the person’s right of appeal shall not

be exercisable -

(a) unless such person has

(i)

within forty days next following the day on

which the finding of the court-martial was

promulgated, if the court-martial was held in

Malta; or

(ii) in any other case, within sixty days next

following the day on which the finding of the

court was promulgated,

presented a petition against finding or sentence or both

in accordance with article 109; and

(b) until either the period of thirty days (beginning with

the day on which the petition is presented) expires or

he is notified by the Commander that the petition has

not been granted, whichever event first occurs.

(3) If a person presents a petition for the purposes of sub-

article (2)(a), but fails to do so within the period therein specified,

and subsequently applies to the Appeal Court for leave to appeal,

the Appeal Court may direct that he be treated as not having

thereby lost his right of appeal if it is of the opinion that there is a

reasonable explanation of the failure and that it is in the interests of

justice that he should be so treated.

(1) Subject to the provisions of this article, an appeal

under this Part of this Act shall be brought before the Appeal Court

by an application to be filed within thirty days next following the

day on which either the period specified in article 117(2)(b) has

expired or the person convicted is notified as provided in the said

paragraph, whichever event first occurs.

(2) The Appeal Court may extend the period within which an

appeal to it may be lodged, whether the period has expired or not.

(3) A copy of the application shall be served on the Attorney

General at least ten days before the day appointed for the hearing of

the appeal, unless the Appeal Court shall in any case of urgency

direct service with a shorter notice.

(1) On an appeal being lodged under this Part of this Act,

the Registrar of Courts (hereinafter referred to as "the registrar")

shall request the Attorney General to furnish to him the

proceedings of the court-martial and any petition presented by the

appellant under article 109.

(2) After an appeal is finally determined or is abandoned, the

registrar shall, subject to any order which the Appeal Court may

make, return the proceedings of the court-martial and any petition

to the Attorney General.

(3) At any time after an appeal is lodged as aforesaid the

appellant may, subject to sub-article (5), obtain from the registrar

copies of any document in his possession for the purposes of the

appeal.

(4) Such copies shall be supplied by the registrar to the

appellant on payment therefor of such reasonable charges as the

registrar may fix, or, if the appellant has been allowed free legal

aid, free of charge; provided that nothing in this article shall

require the registrar to supply free of charge any copy of a

document which he considers unnecessary for the purposes of the

appeal.

(5) If the Minister certifies that for reasons of security the

whole or part of the court-martial proceedings or other document,

or of any exhibit or other thing, ought not to be disclosed otherwise

than to the Appeal Court, or ought to be disclosed only subject to

such conditions as he may specify, the registrar shall permit

inspection or supply a copy thereof only in pursuance of an order of

the Appeal Court and subject to such conditions, if any, as that

court may direct.

(1) A person who has been tried by court-martial for an

offence and been found not guilty by reason of insanity may appeal

to the Appeal Court against that finding; and the provisions of the

four last foregoing articles shall apply to any such appeal.

(2) A person found by a court-martial to be unfit to stand trial

may appeal to the Appeal Court against the finding and, subject to

the next following sub-articles, the provisions of the four last

foregoing articles shall apply to any such appeal.

(3) Where the question whether the accused was unfit to stand

his trial was determined by the court-martial at a time later than on

arraignment, the appeal may be allowed (notwithstanding that the

finding was properly arrived to) if the Appeal Court is of the

opinion that the case is one in which the court-martial should have

before that time have come to a finding of not guilty.

(4) If the Appeal Court is of that opinion, it shall substitute a

finding of not guilty (but not a finding of not guilty by reason of

insanity) and the appellant shall then not be liable to be tried by a

court-martial or by any other court for the offence with which he

was charged.

(5) Where the appeal is allowed and the Appeal Court does not

substitute a finding of not guilty, the appellant may be tried

accordingly for the said offence; and if he is for the time being

detained for reasons of mental health the court may make such

order as appears to it to be necessary or expedient pending any such

trial in respect of his detention.

Review of summary findings and awards

(1) Where a charge has been dealt with summarily,

otherwise than by the dismissal thereof, any officer superior in

command to the officer who dealt summarily with the charge may

at any time review the finding or award.

(2) When on a review under this article it appears to the

reviewing officer expedient so to do by reason of any mistake of

law in the proceedings on the summary dealing with the charge or

of anything occurring in those proceedings which in the opinion of

the reviewing officer involved substantial injustice, the said officer

may quash the finding.

(3) If a finding in any proceedings is quashed under the last

foregoing sub-article and the award made in those proceedings

relates only to the finding quashed the reviewing officer shall also

quash the award; and if the award relates also to any other finding

and it appears to the said officer that the award was not warranted

by this Act in respect of that other finding, he may vary the award

by substituting such punishment or punishments as he may think

proper, being a punishment or punishments which could have been

included in the original award in relation to that other finding, and

not being in the opinion of the reviewing officer more severe than

the punishment or punishments included in the original award.

(4) Where on a review under this article it appears to the

reviewing officer 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, he may

vary the award by substituting such punishment or punishments as

he may think proper, being a punishment or punishments which

could have been included in the original award and not being in the

opinion of the reviewing officer more severe than the punishment

or punishments included in the original award.

Findings of insanity

(1) Where, on the trial of a person by court-martial, it

appears to the court that the accused is unfit to stand his trial, the

court shall so find; and if the finding is confirmed in accordance

with the following provisions of this article the accused shall be

kept in custody in Mount Carmel Hospital there to remain in

custody and detained according to the provisions of the Mental

Health Act, or any other provision of law or enactment applicable

to the case, and those provisions shall apply to the accused

accordingly. For the purposes of this sub-article "unfit to stand

trial" means unfit to stand trial by reason of insanity.

(2) Where, on trial of a person by court-martial, it appears to

the court that the evidence is such as, apart from any question of

insanity, to support a finding that the accused was guilty of any

offence, but that at the time of the acts or omissions constituting

that offence the accused was insane, the court shall find that the

accused was not guilty of that offence by reason of insanity, and

thereupon the accused shall be kept in custody in Mount Carmel

Hospital there to remain in custody and detained according to the

provisions of the Mental Health Act, or any other provision of law

or enactment applicable to the case, and those provisions shall

apply to the accused accordingly.

(3) A finding under sub-article (1) shall not have effect unless

and until the finding has been confirmed by an officer who would

have had power to confirm a finding of guilty come to by the court-

martial in question and has been promulgated.

(4)

Where, on the trial of a person by court-martial, the

question arises (at the instance of the defence or otherwise)

whether the accused is unfit to stand his trial, the following

provisions shall have effect

(a) the court, if having regard to the nature of the

supposed disability the court is of opinion that it is

expedient to do so and in the interests of the accused,

may postpone consideration of the question until any

time up to the opening of the case for the defence and

if before the question falls to be determined by it, the

court finds the accused not guilty of the charge or each

of the charges on which he is being tried, the question

shall not be determined;

(b) subject to paragraph (a) above, the question shall be

determined as soon as it arises;

(c) where the accused is found unfit to stand his trial, the

trial shall not proceed or further proceed, but if the

question is determined at a time later than on

arraignment the confirming officer or reviewing

authority may substitute a finding of not guilty (other

than finding of not guilty by reason of insanity), if of

opinion that the court should before that time have

come to such a finding.

(5) The provisions of this Act as to revision, confirmation and

review (and in particular the provisions of this Act which confer

power to substitute 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 sub-article (2) as

those provisions apply in relation to findings of guilty.

(6) Where the confirming officer or reviewing authority

substitutes for a finding of not guilty by reason of insanity a finding

of guilty of an offence, the confirming officer or reviewing

authority shall have the like power of sentencing the accused and

other powers as the court-martial would have had on the like

finding of guilty, and any sentence imposed shall be promulgated

and have effect as would a sentence duly substituted by the

confirming officer or the reviewing authority for a sentence of the

court-martial.

(7) Where in pursuance of a finding of not guilty by reason of

insanity a person is detained for reasons of mental health, and the

reviewing authority quashes the finding (without substituting

another finding) then, if the reviewing authority is of opinion -

(a) that the person in question is suffering from mental

disorder of a nature or degree which warrants his

detention in a hospital under observation (with or

without other medical treatment) for at least a limited

period; and

(b) that he ought to be so detained in the interest of his

own health or safety or with a view to the protection of

other persons,

the reviewing authority shall make an order for his continued

detention; and the order shall be sufficient authority for him to be

detained, and he shall be so detained according to the foregoing

provisions of this article as if the findings had not been quashed.

Functions of Attorney General in relation to courts-martial

Regulations and rules made in pursuance of this Act and

regulations made by the Minister by virtue of this article may

confer on the Attorney General such functions of considering and

reporting on the proceedings of courts-martial and such other

functions in relation to such courts as the authority making the

regulations or rules may deem proper; and nothing in the foregoing

provisions of this Part of this Act shall prejudice the exercise of

any such functions.

Commencement, suspension and duration of sentences

(1) A military sentence of imprisonment or detention or a

sentence of field punishment shall, subject to the provisions of this

article, begin to run from the beginning 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.

(2) A sentence of imprisonment or detention passed by a court-

martial on a man of the force which is suspended in pursuance of

article 126 before he has been committed to prison or other

establishment shall not begin to run until the beginning of the day

on which the suspension is determined

Provided that where the sentence is suspended by the

confirming officer and the reviewing authority determines the

suspension, the reviewing authority may direct that the sentence

shall run from such earlier date, not earlier than the day on which

sentence was originally pronounced by the court-martial, as the

reviewing authority may specify.

(1) Where a man of the force has been sentenced to

imprisonment or detention by a court-martial, and the sentence is

suspended in pursuance of the next following article after he has

been committed to prison or other establishment, the currency of

the sentence shall be suspended from the beginning of the day after

the day on which he is released in accordance with the provisions

of the next following article until the beginning of the day on which

the suspension is determined.

(2) Where any person serving a military sentence of

imprisonment 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 or detained in pursuance of the

sentence, no account shall be taken of time elapsing during the

period beginning with the day on which he became at large and

ending with the day on which, as a person having become

unlawfully at large, he is taken into military custody or the custody

of a civil authority or (not having been taken into such custody)

returns to the place in which he was imprisoned or detained before

he became unlawfully at large

Provided that any time, during the last mentioned period,

during which he proves to have been in the custody of a civil

authority or of such other authority as respects which arrangements

have been made under article 129, shall not be disregarded in

calculating the period for which he is liable to be imprisoned or

detained in pursuance of the military sentence.

(3) Without prejudice to sub-article (2), where a person serving

a military sentence of imprisonment or detention has lawfully been

temporarily released on compassionate grounds, then, in

calculating the period for which he is liable to be imprisoned or

detained in pursuance of the sentence, no account shall be taken of

time elapsing during the period beginning with the day after that on

which he 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 the

last foregoing sub-article or who is otherwise lawfully allowed out

of any military or other establishment or otherwise out of custody

for any period or subject to any condition shall, on failure to return

at the expiration of the period or to comply with the condition, be

treated for the purposes of sub-article (2) as being unlawfully at

large.

(1) Without prejudice to the provisions of sub-article (5)

of article 111, in confirming a sentence of imprisonment or

detention passed by a court-martial on a man of the force, the

confirming officer may order that the sentence shall be suspended;

and any such sentence which is not for the time being suspended

m a y, o n t h e r e v i e w o r r e c o n s i d e r a t i o n o f t h e s e n t e n c e , b e

suspended by order of the authority reviewing or reconsidering the

sentence.

(2) The suspension of any such sentence may (without

prejudice to its being again suspended) be determined on the

review or reconsideration of the sentence by an order of the said

authority committing the person sentenced to imprisonment or

detention, as the case may be.

(3) Where while any such sentence is suspended, the person

sentenced is sentenced by a court-martial to imprisonment or

detention from a fresh offence then (unless the balance of the

earlier sentence is remitted by virtue of article 77(11) ) -

(a) the court may determine the suspension of the earlier

sentence by an order committing the person sentenced

to imprisonment or detention, as the case may be, and

if so the court shall direct whether the two sentences

are to run concurrently or consecutively;

(b) if the court does not exercise the powers conferred by

the last foregoing paragraph, the confirming officer

may exercise those powers on the confirmation of the

later sentence;

(c) if neither the court nor the confirming officer exercises

the said powers, a reviewing authority may exercise

those powers on the review of the later sentence;

MALTA ARMED FORCES

(d) where the said powers are exercised (whether by the

court, the confirming officer or a reviewing authority)

any power of suspension or remission exercisable in

relation to the later sentence shall be exercisable also

in relation to the earlier sentence

Provided that this sub-article has effect subject to the

provisions of article 77 (12).

(4) Without prejudice to the further suspension of the earlier

sentence, an order under the last foregoing sub-article directing that

the suspension of that sentence shall be determined shall not be

affected by the later sentence not being confirmed or by its being

quashed.

(5) Where the sentence of a person in custody is suspended, he

shall thereupon be released.

Execution of sentences of imprisonment and detention

Repealed by Act X.2000.10.

(1) The Minister may make rules (in this Act referred to

as Imprisonment and Detention Rules) with respect to all or any of

the following matters

(a) the places in which and the establishments or forms of

custody (whether military or not) in which persons

may be required to serve the whole or any part of

military sentences of imprisonment and detention

passed on them;

(b) the committal of persons under military sentences of

imprisonment or detention to the appropriate

establishment or form of custody, their removal from

one country or place to another and from one

establishment or form of custody to another and their

release on the coming to an end of any term of

imprisonment or detention;

(c) the

provision,

classification,

regulation

and

management of military establishments;

(d) the classification, treatment, employment, discipline

and control of persons serving military sentences of

imprisonment or detention in military establishments

or otherwise in military custody;

(e) the temporary release on compassionate grounds of

persons serving such sentences in such establishments

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 custody and

the remission of part of any such sentence for good

conduct and industry;

(f)

the appointment, powers and duties of inspectors,

visitors and governors, and of officers and other

members of the staff, of military establishments.

(2) Until Imprisonment and Detention Rules are made a

sentence of imprisonment under this Act shall be served in the Civil

Prisons, and a sentence of detention under this Act shall be served

in a detention barrack or in military custody but not in a prison.

(3) Subject to any provision contained in Imprisonment and

Detention Rules, a military prisoner shall, while in a civil prison,

be confined and otherwise dealt with in the same manner as a civil

prisoner under a like sentence of imprisonment.

(4) The provisions of article 4(5) and (6) shall apply to

Imprisonment and Detention Rules as they apply to regulations and

orders made under that article.

(1) The Minister may from time to time make

arrangements with the authorities of any country or territory

outside Malta whereby military sentences of imprisonment or

detention may in accordance with Imprisonment and Detention

Rules or in accordance with any such arrangements be served

wholly or partly in establishments under the control of those

authorities.

(2) The powers conferred on the Minister by article 128 shall

extend to the making of such provision as appears to him necessary

or expedient for giving effect to any arrangements made under the

last foregoing sub-article.

Trial of persons ceasing to be subject to military law and time

limits for trials

(1) Subject to the provisions of the next following article,

where an offence under this Act triable by court-martial has been

committed, or is reasonably suspected of having been committed,

by any person while subject to military law, then in relation to that

offence he shall be treated, for the purposes of the provisions of

this Act relating to arrest, keeping in custody, investigation of

c h a rg e s , t r i a l a n d p u n i s h m e n t b y c o u r t - m a r t i a l ( i n c l u d i n g

confirm ati on, rev iew, reco nsid eration and suspension) and

execution of sentences as continuing subject to military law

notwithstanding his ceasing at any time to be subject thereto.

(2) Where, while a person is in military custody by virtue of

this article (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 would be an offence under this Act

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 Act mentioned in the last foregoing sub-article and the

provisions thereof as to summary dealing with charges, as having

been subject to military law when the offence was committed or is

suspected of having been committed and as continuing subject to

military law thereafter.

(3) Where by virtue of either of the two last foregoing sub-

articles a person is treated as being at any time subject to military

law for the purposes of any provision of this Act, 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

Provided that as respects any time after he has been

sentenced for the offence in question and the sentence has been

confirmed the said provision shall apply to him (in any case) as to a

soldier.

(4) Where apart from this sub-article any provision of this Act

would under the last foregoing sub-article 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.

(1) No person shall be tried by court-martial for any

offence, other than one against article 44 or 45 or desertion, unless

the trial is begun within three years after the commission of the

offence, there being disregarded any time during which he was a

prisoner of war and any time during which he was illegally absent

Provided that -

(a) in the case of an offence against article 75 where

proceedings for the corresponding civil offence must,

by virtue of any enactment, be brought within a limited

time, that limit of time shall apply to the trial of the

offence under the said article 75 in substitution for the

foregoing provisions of this sub-article;

(b) subject to any such limit of time as is mentioned in the

last foregoing paragraph, a person may be tried by

court-martial for a civil offence notwithstanding that it

was committed more than three years before the

beginning of the trial, if the Attorney General consents

to the trial.

(2) Where a person who has committed an offence of desertion,

other than desertion on active service, has since the offence served

as a member of the regular force continuously in an exemplary

manner for not less than three years, he shall not be tried for that

offence.

(3) A person shall not be triable by virtue of sub-article (1) of

the last foregoing article unless his trial is begun within three

months after he ceases to be subject to military law or the trial is

for a civil offence and the Attorney General consents to the trial

Provided that this sub-article shall not apply to an offence

against article 44 or 45 or desertion.

(4) A person shall not be arrested or kept in custody by virtue

of sub-article (1) of the last foregoing article for an offence at any

time after he has ceased to be triable for the offence.

Relations between military law and civil courts and finality of

trials

(1) Where a person subject to military law -

(a) has been tried for an offence by a court-martial or has

had an offence committed by him taken into

consideration by a court-martial in sentencing him; or

(b) has been charged with an offence under this Act and

has had the charge dealt with summarily by his

commanding officer or the appropriate superior

authority,

a civil court shall be debarred from trying him subsequently for an

offence substantially the same as that offence; but except as

aforesaid nothing in this Act shall be construed as restricting the

jurisdiction of any civil court to try a person subject to this Act for

an offence.

(2)

For the purposes of this article -

(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, or

of a finding by the court-martial that he is not guilty of

the offence by reason of insanity;

(b) a person shall not be deemed to have had an offence

taken into consideration by a court-martial in

sentencing him if confirmation of the sentence is

withheld or the sentence is quashed;

(c) a case shall be deemed to have been dealt with

summarily by the commanding officer or appropriate

superior authority notwithstanding that the finding of

that officer or authority has been quashed, or the award

of that officer or authority quashed or varied, on the

review thereof.

(1) Where a person subject to military law -

(a) has been tried for an offence by a competent civil

court, wherever situated, or a court-martial; or

(b) has had an offence committed by him taken into

consideration when being sentenced by a court-martial

or by any such civil court as aforesaid; or

(c) has been charged with an offence under this Act and

has had the charge dismissed, or has been found guilty

on the charge, by his commanding officer or the

appropriate superior authority; or

(d) has had an offence condoned by his commanding

officer,

he shall not be liable in respect of that offence to be tried by court-

martial or to have the case dealt with summarily by his

commanding officer or the appropriate superior authority.

(2)

For the purposes of this article -

(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 or

of a finding by the court-martial that he is not guilty of

the offence by reason of insanity;

(b) a person shall not be deemed to have had an offence

taken into consideration by a court-martial in

sentencing him if confirmation of the sentence of the

court is withheld or the sentence is quashed;

(c) a case shall be deemed to have been dealt with

summarily by the commanding officer or appropriate

superior authority notwithstanding that the finding of

that officer or authority has been quashed, or the award

of that officer or authority quashed or varied, on the

review thereof;

(d) an offence shall be deemed to have been condoned by

the commanding officer of a person alleged to have

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

circumstances informed him that he will not be

charged therewith;

(e) a person ordered under article 64(2) to be imprisoned

or to undergo detention for an offence against that

article shall be deemed to have been tried by court-

martial for the offence.

(3) Where confirmation of a finding of guilty of an offence or

of a finding of not guilty of an offence by reason of insanity is

withheld the accused shall not be tried again by court-martial for

that offence unless the order convening the latter court 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 article,

proceedings for an offence against this Act (whether before a

commanding officer or appropriate superior authority or before a

court-martial) shall not be barred on the ground of condonation.

Inquiries

(1) Subject to and in accordance with the provisions of

rules made under this article (hereinafter referred to as "Board of

Inquiry Rules"), the Commander or any officer of the force

empowered by or under such rules so to do may convene a board of

inquiry to investigate and report on the facts relating to -

(a) the absence of any person subject to military law;

(b) the capture of any such person by the enemy;

(c) the death of any person in a military establishment

where an inquiry into the death is not required to be

held by any civil authority;

(d) any other matter of a class specified in such rules or

referred to such a board by the Commander 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 matter referred to the

board.

(2) A board of inquiry shall consist of a president, who shall be

an officer not below the rank of captain and be subject to military

law and not less than two other members each of whom shall either

be a person so subject or be a person not so subject who is in the

service of the Government of Malta.

(3) Subject to the provisions of this article, board of inquiry

rules may make provision with respect to the convening,

constitution and procedure of boards of inquiry and, without

prejudice to the generality of the foregoing, may make provision

with respect to all or any of the following matters

(a) 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

circumstances such that if the evidence were being

taken at a court-martial an oath could be dispensed

with;

(b) without prejudice to the provisions of the next

following article, the making in service books of

records of findings of boards of inquiry in such cases

as may be provided by the rules;

(c) such incidental and supplementary matters as appear

requisite for the purpose of the rules.

(4) Board of Inquiry Rules shall contain provision for securing

that any witness or other person who may be affected by the

findings of a board of inquiry shall have an opportunity of being

present, and represented, at the sittings of the board or such part

thereof as may be specified by or under the rules.

(5) Evidence given before a board of inquiry shall not be

admissible against any person in proceedings before a court-

martial, commanding officer or appropriate superior authority,

other than proceedings for an offence against article 65 or for an

offence against article 75 where the corresponding civil offence is

perjury.

(6) The power to make Board of Inquiry Rules shall be

exercised by the Minister; and the provisions of article 4(5) and (6)

shall apply to such rules as they apply to regulations and orders

made under that article.

(1) Where a board of inquiry inquiring into the absence

of an officer or man of the force 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 the Board of Inquiry Rules be entered in

the service books.

(2) A record entered in pursuance of the last foregoing sub-

article shall, unless the absentee subsequently surrenders, or is

arrested, or the report of the board of inquiry is annulled by the

Commander or a subsequent board of inquiry, have the like effect

as a conviction by court-martial for desertion.

(1) An officer of the force authorised in that behalf by or

under regulations made by the Minister under this article may cause

an inquiry to be held in such manner and by such person or persons

as may be specified by or determined under such regulations (being

a person or persons each of which is either subject to military law

or, not being so subject, is in the service of the Government of

Malta), into any matter so specified or determined

Provided that an inquiry shall not be held in pursuance of

this article into

(a) the absence of a person subject to military law; or

(b) the capture of any such person by the enemy.

(2) Regulations under this article may make provision as to the

rules of evidence to be observed at inquiries held in pursuance of

this article and the taking of evidence at such inquiries, and may

authorise the taking of evidence on oath or affirmation, and the

administration of oaths, in such cases as may be specified by or

under the regulations.

(3) Article 134(4) and (5) shall apply in relation to inquiries

held in pursuance of this article with the substitution of references

to regulations under this article for references to Board of Inquiry

Rules and of references to an inquiry held in pursuance of this

article for references to a board of inquiry; and of article 4(5) and

(6) shall apply to regulations made under this article as they apply

to regulations made under that article.

Miscellaneous provisions

The appointment of a person to act as judge advocate at

any court-martial shall be made by the Attorney General or on his

behalf and, in cases where it is not practicable for him to do so,

may be made by the convening officer.

Any finding, sentence, determination or other thing

required by this Act to be promulgated shall be promulgated either

by being communicated to the accused or in such other manner as

may be prescribed or as the confirming officer or reviewing

authority, as the case may be, may direct.

(1) The record of the proceedings of a court-martial shall

be kept in the custody of the Attorney General for not less than six

years, being a period sufficient to ensure that the rights conferred

by the two next following sub-articles shall be capable of being

exercised.

(2) Subject to the provisions of this article, any person tried by

a court-martial shall be entitled to obtain from the Attorney

General 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 heirs, or any person who in the opinion of the

Attorney General ought to be treated for the purposes of this sub-

article as his heirs, shall, subject to the provisions of this article, be

entitled to obtain from the Attorney General on demand at any time

within the period of twelve months from the death and on payment

therefor at the prescribed rate a copy of the record of the

proceedings of the court.

(4) If, on an application in pursuance of either of the two last

foregoing sub-articles for a copy of the record of any proceedings,

the Minister 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 article "the relevant period", in relation 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 charged was acquitted on one or more of the

charges and 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 confirmation of that finding or

those findings.

(6) Any reference in this article to the record of the

proceedings of a court-martial includes a reference to the record of

the proceedings with respect to the confirmation or revision of the

findings and sentence of the court-martial.

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.

(1) Where any matter authorised or required by Part III or

by this Part of this Act to be prescribed may not appropriately or

conveniently be prescribed by the Rules of Procedure, any such

matter may be prescribed by regulations under this article.

(2) Regulations under this article may be made by the Minister,

and the provisions of article 4(5) and (6) shall apply to such

regulations as they apply to regulations made under that article.

(1) The following provisions shall have effect where a

person has been convicted by court-martial of an offence against

articles 43, 57(1) or 58, or of a corresponding civil offence under

article 75, or of otherwise unlawfully obtaining any property.

(2) If any property unlawfully obtained as aforesaid 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 as aforesaid, 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 Act or by the

recovery of the property unlawfully obtained.

(5) Where any of the property unlawfully obtained as aforesaid

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 aforesaid, 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 as aforesaid

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 article may be made by the court-

martial by whom the offender is convicted, by the confirming

officer, or by a revi ew ing autho rity; and in t his article the

expression "appearing" means appearing to the court, officer or

authority making the order.

(8) An order under this article made by a court-martial shall not

have effect until confirmed by the confirming officer; and the

provisions of this Part of this Act as to confirmation and review of

the proceedings of courts-martial shall apply to an order under this

article as they apply to a sentence.

(9) The operation of an order under this article shall be

suspended -

(a) in any case, until the expiration of the period within

which an appeal may be made under this Part of this

Act to the Court of Criminal Appeal;

(b) if such an appeal is duly lodged, until the appeal is

determined or abandoned,

and where the operation of such an order as aforesaid is suspended

under this article -

(i)

it shall not take effect if the conviction is

quashed on appeal;

(ii) the appeal court may by order annul or vary the

order although the conviction is not quashed;

(iii) 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 prescribed or

as the appeal court may direct.

(10) Notwithstanding anything in the last foregoing sub-article,

an order under this article shall not, so far as it relates to the

delivery of property to the person appearing to be the owner

thereof, be suspended if the court, officer or authority making the

order directs to the contrary in any case in which, in the opinion of

the court, officer or authority, the title to the property is not in

dispute.

(11) An order under this article shall not bar the right of any

person, other than the offender or a person claiming through him, to

recover any property delivered or paid in pursuance of such an

order from the person to whom it is delivered or paid.

PART V

FORFEITURES AND DEDUCTIONS AND ENFORCEMENT OF

MAINTENANCE LIABILITIES

(1) No forfeiture of the pay of an officer or man of the

regular force shall be imposed unless authorised by or under this

Act or any other enactment.

(2) Notwithstanding any deduction from the pay of an officer

or man of the regular force, he shall (subject to any forfeiture)

remain in receipt of pay at not less than such minimum rate as may

be prescribed by order of the Minister.

(3) Notwithstanding that forfeiture of a person’s pay for any

period has been ordered in pursuance of this Act, he may remain in

receipt of pay at such minimum rate as aforesaid; but the amount

received for the period may be recovered from him by deduction

from pay.

(4) Any amount authorised to be deducted from the pay of an

officer or man of the regular force may be deducted from any

balance (whether or not representing pay) which may be due to

him, and references in this Act to the making of deductions from

pay shall be construed accordingly.

MALTA ARMED FORCES

(1) The pay of an officer or man of the regular force may

be forfeited -

(a) for any day of absence in such circumstances as to

constitute an offence under article 50 or 51 or, if the

Commander or an officer authorised by him so directs,

of other absence without leave;

(b) for any day of imprisonment, detention or field

punishment awarded under this Act by a court-martial

or commanding officer, or of imprisonment or

detention to which he is liable in consequence of a

sentence of a civil court;

(c) where he is found guilty (whether by court-martial, the

appropriate superior authority or his commanding

officer) of an offence under this Act, for any day

(whether before or after he is found guilty) on which

he is in hospital on account of sickness or injury

certified by the proper medical officer to have been

occasioned by the offence.

(2) The pay of an officer or man of the regular force may be

forfeited for any day of absence by reason of his having been made

a prisoner of war if the Commander or an officer authorised by him

is satisfied -

(a) that he was made a prisoner of war through

disobedience to orders or wilful neglect of his duty; or

(b) that having been made a prisoner of war he failed to

take any reasonable steps available to him to rejoin the

service; or

(c) that having been made a prisoner of war he served with

or aided the enemy in the prosecution of hostilities or

measures calculated to influence the morale or in any

other manner whatsoever not authorised by

international usage,

and nothing in paragraph (a) of the last foregoing sub-article shall

apply to absence by reason of having been made a prisoner of war.

(3) For the purposes of the foregoing provisions of this article

the number of days that a person is absent or is in hospital shall be

computed as follows

(a) the number of days shall be reckoned from the time

when the absence or, as the case may be, the time spent

in hospital commences;

(b) each period of twenty-four hours shall be reckoned as

one day and, save as hereinafter provided, a part of a

day shall be reckoned as one day;

(c) when the total period of the absence or time spent in

hospital is less than six hours, no account shall be

taken thereof unless the person was, by reason of his

being absent or in hospital, prevented from performing

a military duty which was thereby thrown on some

other person.

Where a person sentenced or ordered by a civil court

(whether in or outside Malta) to pay a sum by way of fine, penalty,

damages, compensation or costs in consequence of being charged

before the court with an offence is at the time of the sentence or

order, or subsequently becomes a member of the regular force, then

if the whole or any part of that sum is met by a payment made by or

on behalf of any military authority, the amount of the payment may

be deducted from his pay.

(1) Without prejudice to the provisions of this Act as to

the imposition of stoppages as a punishment, where, after such

investigation as may be prescribed it appears to the Commander or

an officer authorised by him that any loss of, or damage to, public

or service property has been occasioned by any wrongful act or

negligence of an officer or man of the regular force (hereinafter

referred to as "the person responsible"), the Commander or

authorised officer may, subject to sub-article (2), order the person

responsible (whether or not he is a member of the regular force at

t h e t i m e w h e n t h e o r d e r i s m a d e ) t o p a y, a s o r t o w a r d s

compensation for the loss or damage, such sum as may be specified

in the order; and any such sum, in so far as not otherwise paid by

the person responsible, may be deducted from his pay.

(2) No order shall be made under the last foregoing sub-article

if, in proceedings before a court-martial, the appropriate superior

authority or the commanding officer of the person responsible, that

person -

(a) has been acquitted in circumstances involving a

finding that he was not guilty of the wrongful act or

negligence in question; or

(b) has been awarded stoppages in respect of the same loss

or damage,

but save as aforesaid, the fact that any such proceedings have been

brought in respect of the wrongful act or negligence in question

shall not prevent the making of an order or deductions under the

last foregoing sub-article.

(1) Where damage occurs to any premises in which one

or more units of the regular force or parts of such units are

quartered or billeted, or any fixtures, furniture or effects in or

belonging to such premises are damaged or lost, then if it appears

on such investigation as may be prescribed that the damage or loss

was occasioned by the wrongful act or negligence of persons

belonging to any of the units or parts of units in occupation of the

premises and was so occasioned at a time when they were in

occupation thereof, but that the said persons cannot be identified,

any person belonging to the said units or parts of units may be

required to constitute towards compensation for the damage or loss

such amount as may in manner prescribed be determined to be just,

and the amount may be deducted from his pay.

(2) The last foregoing sub-article shall extend to ships, trains

and aircraft in which units or parts of units of the regular force are

being transported, and references to premises, quartering and

occupation shall be construed accordingly.

Any forfeiture or deduction imposed under the four last

foregoing articles may be remitted by the Commander or in such

manner and by such authority as may be prescribed.

(1) Where by virtue of a judgement, decree or order

which is enforceable in Malta an order has been made against any

person (hereinafter referred to as "the defendant") for the payment

of any periodical or other sum specified therein for or in respect

of -

(a) the maintenance of his wife, child or ascendant; or

(b) any costs incurred in any proceedings relating to any

such order by or on behalf of the person in whose

favour the order has been made,

and the defendant is an officer or man of the regular force, then

(whether or not he was a member of that force when the said order

was made) the Commander or any officer authorised by him may

order such sum to be deducted from the pay of the defendant and

appropriated in or towards satisfaction of the payment due under

the order of the court as the Commander or officer thinks fit.

(2) Where to the knowledge of the court making an order in

pursuance of article 381(3) of the Code of Organization and Civil

Procedure, or varying or revoking any such order, the defendant is

an officer or man of the regular force the court shall cause the

registrar of the court to send a copy of the order to the Commander

or an officer authorised by him.

(3) The Commander or an officer authorised by him may by

order vary or revoke any order previously made under this article,

and may treat any order made under this article as being in

suspense at any time while the person against whom the order was

made is absent as mentioned in article 144(1)(a).

(1) Where the Commander or an officer authorised by

him is satisfied that an officer or man of the regular force is

neglecting, without reasonable cause, to maintain his wife or any

child of his under the age of eighteen years the Commander or

officer may order such sum to be deducted from his pay and

appropriated towards the maintenance of his wife or child as the

Commander or officer thinks fit.

(2) On an application made to the Commander or an officer

authorised by him for an order under the last foregoing sub-article

the Commander or officer, if satisfied that a prima facie case has

been made out for the making of such an order, may make an

interim order for such deduction and appropriation as is mentioned

in the last foregoing sub-article to take effect pending the further

examination of the case.

(3) Where an order is in force under sub-article (1) of the last

foregoing article for the making of deductions in favour of any

person from the pay of an officer or man of the regular force, no

deductions from his pay in favour of the same person shall be

ordered under the foregoing provisions of this article.

(4)

The Commander or officer authorised by him may by order

vary or revoke any order previously made under this article, and

may treat any order made under this article as being in suspense at

any time while the person against whom the order was made is

absent as mentioned in article 144(1)(a).

(1) The sums deducted under the two last foregoing

articles shall not together exceed -

(a) in the case of an officer, three-sevenths of his pay;

(b) in the case of a warrant officer or non-commissioned

officer not below the rank of sergeant, two-thirds of

his pay;

(c) in the case of any other man of the force, three-fourths

of his pay.

(2) Where any deductions have been ordered under either of the

two last foregoing articles from a person’s pay and (whether before

or after the deductions have been ordered) he incurs a forfeiture of

pay by or in consequence of the finding or sentence of a court-

martial or the finding or award of the appropriate superior authority

or his commanding officer, it shall apply only to so much of his pay

as remains after the deductions have been made.

(3) For the purposes of sub-article (1)(b) and (c) a person

having acting rank shall be treated as of that rank.

PART VI

RANGES, TRAINING AND TRESPASS

Use of land and sea areas for ranges

(1) Where any land belonging to or administered by the

Government (whether held by the Government or not) or held by

the Government under any title whatsoever, or where any area of

the sea within the territorial or internal waters of Malta, other than

the Grand Harbour, Marsamxett Harbour and Marsaxlokk Bay, or

where both such land or such area of sea, is appropriated for a

weapon firing range or for training or practice in the use of any

weapons of war or for experiments connected with any weapons of

war, the Minister may make regulations for the use of such land or

sea for the purposes for which it is appropriated and for securing

the public against danger arising from such use.

(2) Regulations made under this article may prohibit all

intrusion on the said lands or sea and all obstruction of the said use

thereof; but no restriction of the use of the sea under this article

shall be imposed further or otherwise than is necessary for the

purpose to which an area of the sea is appropriated or in such way

as to interfere unreasonably with any public right.

(3) Where by or under any regulation made under this article

the public is allowed to use any of the said lands, regulations under

this article may also provide for the government of such lands and

the regulation of their use when so used by the public, for the

preservation of order and the prevention of nuisances, obstructions,

encampments, and encroachments thereon, and for the prevention

of any injury to the same.

(4) Nothing in any regulation made under this article shall

restrict the free exercise by any person of his rights of ownership or

of user over any immovable property, or of other rights annexed

thereto.

(5) In this article the expression "public right" means any right

of navigation, anchoring, grounding, fishing, bathing, crossing,

walking or recreation.

(6) Any person who contravenes any provision of regulations

made under this article shall be liable on conviction to a fine

(ammenda) not exceeding twenty-three euro and twenty-nine cents

(23.29).

(7) Article 4(5) and (6) shall apply to regulations made under

this article as they apply to regulations made under that article.

Where in consequence of any regulation made under the

last foregoing article the private rights of any person are injuriously

affected or obstructed, fair compensation shall be payable by the

Government, and such compensation shall, in case of difference, be

determined by the competent court.

Use of land for training of the force

(1) The Minister may from time to time by notice in the

Gazette declare that training or combined training of the force or

part of the force will take place in Malta.

(2) Any such notice shall be so published at least six clear days

before the training is due to take place and shall contain the

following particulars

(a) the police district or districts and the parish or parishes

(hereinafter referred to as "the training area") in which

the training will take place;

(b) the period of time in which the training will take place;

(c) the names of any villages situate within the training

area;

(d) any place or area within the training area which shall

be out of bounds for the members of the force engaged

in the training;

(e) such other particulars as to the seashore, highways or

footpaths to be used in the course of training as may

seem to the Minister necessary for the purpose of

giving to persons who may suffer damage or injury by

reason, or in the course of, or in consequence of such

training reasonable certainty as to the training area.

(1) Subject to the provisions of this Act and of any

regulations made under article 158 thereof, in and about the course

of any training of which notice has been given in accordance with

the last foregoing article, members of the force may freely land

from the sea on, enter and pass and repass over and dig trenches in

and erect defences or other works on land in any training area

specified in the said notice; but they shall not enter, pass or repass

over, dig trenches in or erect any defences or other works on -

(a) any dwelling house, place of worship, school, shop,

workshop, stores or other premises used in any trade or

business (other than agriculture), farmyard, garden,

orchard, nursery, burial-ground or ground forming part

of the enclosure of any place of worship or school;

(b) any place or property declared by the notice aforesaid

to be out of bounds.

(2) No firing with live shells or cartridges shall take place

during any such training.

(1) Subject to the provisions of this Act and of any

regulations made under article 158 thereof, there shall be paid by

the Government fair compensation in respect of any damage or

injury caused in the course, or by reason, or in consequence of any

training carried out in pursuance of the two last foregoing articles.

(2) Without prejudice to the provisions of the last foregoing

sub-article, at the conclusion of any training the members of the

force shall fill in any trenches dug by them in the course of such

training and remove all defences and other works erected in the

course of the same, and restore the land used for such trenches,

defences and works so far as possible to the state in which it was

before such use.

(3) Save as aforesaid, no action for trespass, damage or injury

shall lie in respect of anything done or omitted to be done by

reason, or in the course, or in consequence of any training of which

notice has been given in accordance with article 154.

No person shall obstruct or interfere with any member of

the force in the course of any training as aforesaid; and any person

who contravenes the provision of this article shall be liable to the

punishments established for contraventions.

(1) The Minister may make regulations to give effect to

any of the provisions of the four last foregoing articles and, without

prejudice to the generality of the foregoing, may by such

regulations -

(a) require payment of compensation under article 156 to

be made against claims duly submitted;

(b) regulate the manner in which and the time within

which claims for compensation shall be submitted, and

the evidence and other information to be supplied by

the claimant;

(c) regulate the manner in which and the authorities by

whom claims for compensation shall be dealt with and,

in case of difference, settled;

(d) require or authorise the requiring of members of the

Police force to accompany members of the force

during the training, and prescribe the duties and

functions of any such Police officers;

(e) modify any of the provisions of the four last foregoing

articles in so far as they are extended to visiting forces

under the Visiting Forces Act, 1966, * and make

different provisions in regulations made under this

article in respect of any such visiting forces;

(f)

provide for such incidental and supplementary matters

as appear requisite for the purpose of the regulations.

(2) Article 4(5) and (6) shall apply to regulations made under

this article as they apply to regulations made under that article.

Trespass upon land held by the force

(1) If any person, without authority, enters or is found in

or upon any place, which is held by any authority of the force for

the purposes of the force, or the access to which by the public has

been for the time being prohibited by the Minister by notice in the

Gazette, such person shall be guilty of a contravention and may,

without any warrant or other authority, be apprehended and

detained by any Police officer.

(2) In the absence of a Police officer it shall be lawful for an

officer of the force or of a man of the force of a rank not inferior to

that of a lance-corporal or lance-bombardier, wearing the uniform

of his rank, to apprehend and detain such person, if he finds it

necessary to do so for the identification of that person by the

Police, and no longer than it may be necessary for such purpose.

PART VII

GENERAL PROVISIONS

Redress of complaints

(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 Commander.

(2)

On receiving any such complaint it shall be the duty of the

*Repealed by Act IX of 1982.

Commander to investigate the complaint and to grant any redress

which appears to him to be necessary or, if the complainant so

requires, the Commander shall through the Minister make his

report on the complaint to the President of Malta in order to receive

the directions of the President of Malta thereon.

(1) If a man of the force thinks himself wronged in any

matter by any officer other than his commanding officer or man of

the force, he may make a complaint with respect to that matter to

his commanding officer.

(2) If a man of the force 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 the last foregoing

sub-article or for any other reason, he may make a complaint with

respect thereto to the Commander.

(3) It shall be the duty of the Commander or of the

commanding officer to have any complaint received by him under

this article investigated and to take any steps for redressing the

matter complained of which appear to him to be necessary.

Provisions relating to deserters and absentees without leave

(1) A Police officer may arrest any person to whom he

has reasonable cause to suspect of being an officer or man of the

regular force who has deserted or is absent without leave.

(2) Where no Police officer is available, any officer or man of

the regular force, or any other person, may arrest any person whom

he has reasonable cause to suspect as aforesaid.

(3) Any Magistrate, if satisfied by evidence on oath that there

is, or is reasonably suspected of being, within his jurisdiction an

officer or man of the regular force 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 article shall be

brought before the Court Magistrates within forty-eight hours after

his arrest.

(1) Where a person who is brought before the Court of

Magistrates is alleged to be an officer or man of the regular force

who has deserted or is absent witho ut leave, the fol lowing

provisions shall have effect.

(2) If he admits that he is illegally absent from the regular force

and the court is satisfied of the truth of the admission, then -

(a) unless he is in custody for some other cause the court

shall, and

(b) 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

Provided that 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 aforesaid,

or if 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 and if of opinion that

there is sufficient evidence to justify his being tried under this Act

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 shal l have power, but sh all not be req uired, to act in

accordance with this sub-article.

(1) Where a person surrenders himself to a Police officer

as being illegally absent from the regular force, 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

m i l it a r y cu s t od y w i th o ut br i n gi n g h i m b e f o r e th e C ou r t o f

Magistrates or may bring him before such court.

(1) Where the Court of Magistrates in pursuance of

article 163 deals with a person as illegally absent, then when that

person is delivered into military custody there shall be handed over

with him a certificate signed by the presiding magistrate containing

the particulars as to his arrest or surrender and the proceedings

before the court.

(2) Where under the last foregoing article a person is delivered

into military custody without being brought before a court, there

shall be handed over with him a certificate signed by the Police

officer who causes him to be delivered into military custody

containing the particulars relating to his surrender.

(3)

In any proceedings for an offence under article 50 or 51 -

(a) a document purporting to be a certificate under either

of the two last foregoing sub-articles and to be signed

thereby as required, shall be evidence of the matters

stated in the document;

(b) where the proceedings are against a person who has

been taken into military custody on arrest or surrender,

a certificate purporting to be signed by a provost

officer or by any officer in charge of a 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 certificate.

Offences relating to military matters punishable by civil courts

Any person who falsely represents himself to any military

or civil authority to be a deserter from the regular force shall be

liable on summary conviction to a fine (multa) not exceeding one

hundred and sixteen euro and forty-seven cents (116.47) or to

imprisonment for a term not exceeding three months, or to both

such fine and imprisonment.

Any person who whether in or outside Malta -

(a) procures or persuades any officer or man of the regular

force to desert or to absent himself without leave; or

(b) knowing that any such officer or man is about to desert

or absent himself without leave, assists him in doing

so; or

(c) knowing any person to be a deserter or absentee

without leave from the regular force, procures or

persuades or assists him to remain such a deserter or

absentee, or assists in his rescue from custody,

shall be liable on summary conviction to a fine (multa) not

exceeding one hundred and sixteen euro and forty-seven cents

(116.47) or to imprisonment for a term not exceeding three months,

or to both such fine and imprisonment.

Any person who wilfully obstructs or interferes with any

officer or man of the regular force acting in the execution of his

duty shall be liable on summary conviction to a fine (multa) not

exceeding one hundred and sixteen euro and forty-seven cents

(116.47) or to imprisonment for a term not exceeding three months,

or to both such fine and imprisonment.

Any person who, whether in or outside Malta -

(a) produces in an officer or man of the regular force any

sickness or disability; or

(b) supplies to or for him any drug or preparation

calculated or likely to render him, or lead to the belief

that he is, permanently or temporarily unfit for service,

with a view to enabling him to avoid military service, whether

permanently or temporarily, shall be liable on summary conviction

to a fine (multa) not exceeding two hundred and thirty-two euro and

ninety-four cents (232.94) or to imprisonment for a term not

exceeding six months, or to both such fine and imprisonment.

Any person who designedly makes away with, sells,

pawns, or otherwise disposes of, or wrongfully destroys or

damages, or negligently loses, anything issued to him as an officer

or man of the territorial force, or wrongfully refuses or neglects to

deliver up on demand anything issued to him as an officer or man

of the territorial force, shall be liable, on summary conviction, to a

fine not exceeding forty-six euro and fifty-nine cents (46.59); and

the Court of Magistrates shall, at the request of the Commissioner

of Police, order the person convicted as aforesaid to pay the value

of any such thing in respect of which he is convicted -

(a) if he is serving in the force at the time he is convicted,

to his commanding officer; or

(b) if he is not serving in the force at the time aforesaid, to

the officer who is for the time being commanding the

unit with which he was last serving,

and any order as aforesaid shall have the same effect as a

judgement of that court in its civil jurisdiction.

(1) Any person who, whether in or outside Malta,

acquires any military stores or solicits or procures any person to

dispose of any military stores, or acts for any person in the

disposing of any military stores, shall be guilty of an offence

against this article unless he proves either -

(a) that he did not know, and could not reasonably be

expected to know, that the things in question were

military stores, or

(b) that those things had (by the transaction with which he

is charged or some earlier transaction) been disposed

of by order or with the consent of the Commander or

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 things had become the property of an officer

who had retired or ceased to be an officer, or of a man

of the force who had been discharged, or of the heirs or

legatees of a person who had died.

(2) A person guilty of an offence against this article shall be

liable on summary conviction to a fine (multa) not exceeding two

hundred and thirty-two euro and ninety-four cents (232.94) or to

imprisonment for a term not exceeding three months, or to both

such fine and imprisonment.

(3)

In this article -

" a c q u i r e " m e a n s b u y, t a k e i n e x c h a n g e , t a k e i n p a w n o r

otherwise receive (whether apart from this article the receiving is

lawful or not);

"dispose" means sell, give in exchange, pledge or otherwise hand

over (whether apart from this article the handing over is lawful or

not);

"military stores" means any thing of any description belonging to

the Government 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 thing which had belonged, and had been

issued or held, as aforesaid at some past time.

Provisions as to evidence

(1) The following provisions shall have effect with

respect to evidence in proceedings under this Act, whether before a

court-martial, a civil court or otherwise.

(2) 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

person stated in the certificate to have the custody of the attestation

paper shall be evidence of the enlistment of the person attested.

(3) 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.

(4)

A letter, return or other document stating that any person -

(a) was or was not serving at any specified time or during

any specified period in any part of the force or was

discharged from any part of the force at or before any

specified time; or

(b) held or did not hold at any specified time any specified

rank or appointment in any part of the force, or had at

or before any specified time been, attached, posted or

transferred to any part of the force, 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,

shall, if purporting to be issued by or on behalf of the Commander,

or by a person authorised by him be evidence of the matters stated

in the document.

(5) A record made in any service book or other document,

being a record made in pursuance of this Act or of any regulations,

rules or orders made thereunder, 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 any such book or other

document as aforesaid, purporting to be certified to be a true copy

by a person stated in the certificate to have the custody of the book

or other document, shall be evidence of the record.

(6) A document purporting to be issued by order of the

Commander and to contain instructions or orders given by the

Commander shall be evidence of the giving of the instructions or

orders and of their contents.

(7) A certificate purporting to be signed by a person’s

commanding officer or any officer authorised by him to give the

certificate, and stating the contents of, or of 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 any area

garrison or place, or

(b) any ship, train or aircraft,

shall in proceedings against the said person be evidence of the

matters stated in the certificate.

(1) Where a person subject to military law has been tried

by a civil court (whether at the time of the trial he was subject to

military law or not), a certificate signed by the registrar of the court

and stating all or any of the following matters -

(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 Act be evidence of the matters stated

in the certificate.

(2) The registrar of the court shall, if required by the

commanding officer of the person in question or any other officer,

furnish a certificate under this article.

(3) A document purporting to be a certificate under this article

and to be signed by the registrar of the court shall, unless the

contrary is shown, be deemed to be such a certificate.

(4) Reference in this article to the registrar of the court include

reference to any of the officers mentioned in article 57(2)(a) of the

Code of Organization and Civil Procedure.

(1) The original proceedings of a court-martial

purporting to be signed by the president of the court and being in

the custody of the Attorney General or of any person having the

l a w f u l c u s t o d y t h e r e o f s h a l l b e a d m i ss i b l e i n e v i d e n c e o n

production from that custody.

(2) A document purporting to be a copy of the original

proceedings of a court-martial or any part thereof and to be

certified by the Attorney General or any person authorised by him,

or 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 article applies to evidence given in any court in Malta,

whether civil or criminal.

Miscellaneous provisions

(1) A warrant officer or non-commissioned officer of the

regular force (other than a lance-corporal or lance-bombardier)

shall not be reduced in rank except by sentence of a court-martial

under this Act or by order of the Commander.

(2)

For the purposes of this article reduction in rank does not

include reversion from acting rank.

Where a person is in military custody when charged with,

or with a view to being charged with an offence against Part III of

this Act, it shall be the duty of the Director of Civil Prisons or the

person in charge of a 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.

(1) An officer of the regular forces of a rank not below

that of major (hereinafter referred to as an "authorised officer")

may, at any place outside Malta, take affidavits and declarations

from any person subject to military law and from any such other

person as the Minister may by order specify.

(2) A document purporting to have subscribed thereto the

signature of an authorised officer in testimony of an affidavit or

declaration being taken before him in pursuance of this article and

containing in the jurat or attestation a statement of the date on

which and the place at which the affidavit or declaration was taken

and 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 VIII

APPLICATION OF ACT AND SUPPLEMENTAL PROVISIONS

Persons subject to military law

(1) The following persons are subject to military law

(a) every officer holding a commission (other than a

commission in the territorial force)and for the time

being employed, or recalled for employment, in the

service in any capacity in which he can be required to

be employed as the holder of his commission;

(b) every officer as aforesaid who for the time being is not

employed, or not employed as mentioned in paragraph

(a), but is liable (otherwise than in specified

circumstances only) to be recalled to military service;

(c) every officer, not subject to military law under the

foregoing provisions of this article, who being the

holder of a commission as aforesaid is employed in

government service in employment of which it is an

express condition that while employed therein he is to

be subject to military law;

(d) every officer, not subject to military law under the

foregoing provisions of this article, who, with the

approval of the Minister given subject to an express

condition that while in that employment he is to be

subject to military law, is employed otherwise than in

government service;

(e) every officer holding a commission in the territorial

force who is on the active list (as defined by the

regulations for or applicable to the territorial force) or

on the permanent staff of the territorial force, or who is

not on the said list but is called out on permanent

service or is otherwise serving (whether in pursuance

of an obligation or not) with a body of troops for the

time being subject to military law;

(f)

every man of the regular force;

(g) every man of the reserve when called out on

permanent service or when undergoing annual or other

training (whether in pursuance of an obligation or not),

or when otherwise employed in government service as

mentioned in paragraph (c);

(h) every man of the territorial force when embodied or

called out on special service, when undergoing

training or attending drills or parades (whether in

pursuance of an obligation or not), or when serving on

the permanent staff of the territorial force;

(i)

every person in receipt of a pension in respect of

service in the regular force, or of such service and

other service, who is employed in government service

as mentioned in paragraph (c).

(2) For the purposes of paragraph (d) of the last foregoing sub-

article a certificate of the Minister that approval to a person’s

employment was given subject to the condition mentioned in that

paragraph shall be conclusive evidence of the facts stated in the

certificate.

(3) References in this article to an officer holding a

commission include references to a person entitled to have a

commission issued to him.

(1) Subject to the modifications hereinafter specified,

where any body of the regular forces is on active service, Parts III

and IV of this Act shall apply to any person who is employed in the

service of that body of the force or any part or member thereof, or

accompanies the said body or any part thereof, and is not subject to

military law apart from this article, as the said Parts III and IV

apply to persons subject to military law.

(2) Subject to the modifications hereinafter specified, Parts III

and IV of this Act shall at all times apply to a person of such

description as may be prescribed by order made under article 4 who

is within the limits of the command of any officer commanding a

body of the regular force outside Malta, and is not subject to

military law apart from this article, as the said Parts III and IV

apply to persons subject to military law

Provided that none of the provisions contained in articles

37 to 74 shall apply to a person by virtue only of this sub-article

except article 42(3), articles 48 and 49, articles 62 to 65, and article

73 so far as it relates to that sub-article and those articles.

(3)

The said modifications are the following

(a) the punishments that may be awarded by a court-

martial shall not include any punishment less than

imprisonment except a fine;

(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-eight euro and

twenty-three cents (58.23), but no other punishment;

(c) the following provision shall have effect in

substitution for article 80(2) to (4), 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 of the regular force;

(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 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 the Rules of Procedure;

(e) the provisions of this Act relating to the investigation

of, and summary dealing with, offences shall, save as

otherwise expressly provided, apply as they apply to

officers and warrant officers;

(f)

for references in articles 130 and 131 to being,

continuing, or ceasing to be subject to military law

there shall be substituted references to being,

continuing to be or ceasing to be in such circumstances

that the said Parts III and IV apply, and article 130(3)

shall not apply.

(4) Any fine awarded by virtue of this article, whether by a

court-martial or the appropriate superior authority, shall be

recoverable in Malta as a civil debt due to the Government.

(1) Subject to the provisions of this article, references in

Parts III to VII of this Act to the regular force shall include

references to the following persons, that is to say

(a) officers of any reserve of officers while subject to

military law, and officers who have retired but are for

the time being subject to military law, and

(b) officers holding commissions in the territorial force

while the part of the territorial force to which they

belong is embodied or while they are called out for

special service or are undergoing training, and

(c) men of the reserve and of the territorial force while

subject to military law,

and references to officers, warrant officers, non-commissioned

officers or soldiers, or to men, or to members or a body, of the

regular force or to illegal absence from that force shall be construed

accordingly.

(2) Article 16(1) and (5) shall apply to men of the reserve and

of the territorial force as they apply to men of the regular force.

(3) The power conferred by article 50(3) and article 87(3) to

direct the forfeiture of an offender’s previous service shall not be

exercisable in relation to men of the reserve or of the territorial

force.

(4) Article 50(2)(b), articles 149 to 151, and except in so far as

they may be applied by regulations made under this Act, the

provisions of Parts III and IV of this Act relating to the award of

stoppages and the provisions of articles 143 to 148, shall not

apply -

(a) to officers of any reserve of officers who are not in

actual service;

(b) to men of the army reserve except when called out on

permanent service;

(c) to officers and men of the territorial force except when

the part of the territorial force to which they belong is

embodied or they are called out for special service.

(5) In the last foregoing sub-article the expression "actual

service", in relation to an officer of a reserve of officers, means that

he is serving (otherwise than when he is undergoing training) with

a body of the regular force, or of the army reserve when called out

on permanent service, or with members of the territorial forces in

pursuance of any regulations made under article 4.

(6) In the case of a non-commissioned officer or soldier of the

territorial force found guilty of an offence by a court-martial or his

commanding officer, Parts III and IV of this Act shall apply as if in

the scale set out in article 77(2) immediately before paragraph (g)

thereof there were inserted the following paragraph

"(ff) dismissal from the territorial force",

and as if the punishments specified in article 84(3) included

dismissal from the territorial force

Provided that if the commanding officer awards such

dismissal he shall not award any other punishment.

Supplemental Provisions

(1) Offences under Part III of this Act shall be triable by

court-martial or otherwise dealt with as provided by this Act

whether they are committed in Malta or outside Malta, and the

jurisdiction and powers conferred by this Act to courts-martial,

officers and authorities (other than civil courts) in respect of such

offences shall be exercisable both in Malta and outside Malta.

(2) In Malta a civil court having jurisdiction in the place where

the offender is for the time being shall have jurisdiction to try him

of an offence under this Act triable by a civil court notwithstanding

that the offence was committed outside the jurisdiction of the court

or the offender does not reside within its jurisdiction.

Save as expressly provided by any regulations, rules or

orders under this Act, any order or determination required or

authorised to be made under this Act by any military officer or

authority may be signified under the hand of any officer authorised

in that behalf; and any instrument signifying such order or

determination and purporting to be signed by an officer stated

therein to be so authorised shall unless the contrary is proved be

deemed to be signed by an officer so authorised.

(1) In this Act the expression "on active service" in

relation to the force or part of the force means that it is engaged in

operations against an enemy or is engaged elsewhere than in Malta

in operations for the protection of life or property or (subject to the

provisions of this article) is in military occupation of a foreign

country or territory, and in relation to a person means that he is

serving in or with the force or part of the force which is on active

service.

(2) Where any part of the force is serving outside Malta and it

appears to the Commander that, by reason of the imminence of

active service or of the recent existence of active service, it is

necessary for the public service that the said part of the force

should be deemed to be on active service, he may declare that for

such period, not exceeding three months, beginning with the

coming into force of the declaration as may be specified therein,

that part of the force shall be deemed to be on active service.

(3) Where it appears to the Commander that it is necessary for

the public service that the period specified in a declaration under

the last foregoing sub-article should be prolonged or, if previously

prolonged under this sub-article, 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 sub-article.

(4)

If at any time while any part of the force -

(a) is on active service by reason only of being in military

occupation of a foreign country or territory; or

(b) is deemed to be on active service by virtue of the

foregoing provisions of this article,

it appears to the Commander that there is no necessity for the said

part of the force to continue to be treated as being on active service,

he may declare that as from the coming into operation of the

declaration the force shall cease to be, or be deemed to be, on

active service.

(5) Before any declaration is made under this article, the

Com man der shall o btain t he consent of the Minister t o the

declaration.

(6) A declaration under this article shall have effect not only as

respects the members of the force to which it relates but also as

respects other persons the application to whom of any provisions of

this Act depends on whether that force is on active service.

(7) Any declaration or direction under this article shall come

into operation on being published in general orders.

(1) A member of the Force shall be entitled to be a

member of a registered trade union of his choice.

(2)

A trade union representing members of the Force

(a) shall not be entitled to limit its membership to any

particular rank or sector in the Force;

(b) shall be entitled to negotiate conditions of employment

and to participate in dispute resolution procedures of a

conciliatory, mediatory, arbitral or judicial nature on

behalf of the members of the Force which it represents

but it shall not be entitled to take any other action in

the Force in contemplation or furtherance of a dispute

or to participate in proceedings relating to charges of

military offences issued under this Act.

Any member of the Force who takes industrial action or

who participates in any industrial action taken in the Force in

contemplation or furtherance of a dispute shall be guilty of a

military offence against good order and military discipline

Provided that nothing in this article shall prejudice the right

of a trade union which represents members of the Force from

performing those acts which are permissible in accordance with the

provisions of paragraph (b) of sub-article (2) of article 184 or the

right of a member of the Force to participate in the procedures

mentioned in the said paragraph.

Savings

* 186.

All regulations and Government Notices made under the

Gun, Rifle and Ranges Ordinance † or under the Trespass (Naval,

Military or Air Force Lands) Ordinance † and in force on the date of

the coming into force of this article shall continue to have effect

and shall be deemed to be regulations made or notices issued under

this Act for the purposes of any amendment or revocation thereof.

*This article originally consisted of three sub-articles. Part of the article as originally

enacted has been omitted under the Statute Law Revision Act, 1980.

†Repealed by this Act.

* Ir-regolamenti u l-Avviżi tal-Gvern kollha magħmula skont

l-Ordinanza dwar il-Postijiet għal Tiri ta’ Kanuni, Azzarini u

Torpedini ** jew skont l-Ordinanza dwar id-Dħul bla jedd f’Artijiet

Navali, Militari jew tal-Forza tal-Ajru * u li jkunu fis-seħħ fid-data

tal-bidu fis-seħħ ta’ dan l-għandhom jibqgħu fis-seħħ u għandhom

jitqiesu li jkunu regolamenti magħmula jew avviżi maħruġa skont

dan l-Att għall-finijiet ta’ xi emenda jew tħassir tagħhom.

*Dan l-artikolu oriġinarjament kien jikkonsisti fi tliet subartikoli. Parti minn dan l-

artikolu kif oriġinarjament promulgat ġie mħolli barra taħt l-Att tal-1980 dwar ir-

Reviżjoni tal-Liġijiet Statutarji.

*Revokata b’dan l-Att.