Chapter VI.

Punishments awardable by Courts-martial for Offences against Military Law.

209. —(1) Punishments may be awarded, in respect of offences against military law committed by persons subject to military law as officers and convicted by court-martial, according to the following scale, that is to say:—

SCALE.

A. Death.

B. Penal servitude for any term not less than three years.

C. Imprisonment, with or without hard labour, for any term not exceeding two years.

D. Dismissal with ignominy from the Defence Forces.

E. Dismissal from the Defence Forces.

F. Forfeiture in the prescribed manner of seniority of rank, either in the Defence Forces or in the portion thereof in which the offender is serving or in both, or, in the case of an officer whose promotion depends on the length of service, forfeiture of all or any part of his service for the purpose of promotion.

G. A fine not exceeding twenty-five pounds.

H. Severe reprimand.

I. Reprimand.

(2) For the purposes of this Act in its application to a person subject to military law as an officer, any punishment mentioned in the Scale to subsection (1) of this section shall be deemed to be a punishment less than any punishment mentioned before it in the said Scale.

(3) Where—

(a) a person subject to military law as an officer is convicted by court-martial of an offence against military law mentioned in any section contained in Chapter II of this Part, and

(b) such section provides that on such conviction he shall be liable to suffer a specified punishment or any less punishment awardable by a court-martial.

the expression “any less punishment awardable by a court-martial” means in such section any punishment mentioned in the Scale to subsection (1) of this section which is less than the specified punishment.

(4) Save as is otherwise expressly provided in this Act, a person convicted by court-martial of having committed an offence against military law while subject to military law as an officer shall be sentenced to one punishment only.

(5) Where a court-martial proposes to sentence an officer to penal servitude or imprisonment the court-martial shall, before sentencing him to penal servitude or imprisonment (otherwise than under subsection (2) of section 208), sentence him to dismissal with ignominy from the Defence Forces or dismissal from the Defence Forces and then sentence him to penal servitude or imprisonment.

(6) An officer sentenced by a court-martial to a fine may be also sentenced to severe reprimand or reprimand.

(7) An officer sentenced by a court-martial to forfeiture of seniority of rank may be also sentenced to a fine or severe reprimand or reprimand.

(8) An officer dismissed with ignominy from the Defence Forces shall be disqualified from ever serving the State again in any capacity, civil or military.

210. —(1) Punishments may be awarded, in respect of offences against military law committed by persons subject to military law as men and convicted by court-martial, according to the following scale, that is to say:—

SCALE.

A. Death.

B. Penal servitude for any term not less than three years.

C. Imprisonment, with or without hard labour, for any term not exceeding two years.

D. Detention for any term not exceeding two years.

E. Discharge with ignominy from the Defence Forces.

F. Discharge from the Defence Forces.

G. Where the person convicted is a non-commissioned officer, reduction to,—

(a) if he holds a non-commissioned army rank, any lower non-commissioned army rank, or

(b) if he holds a non-commissioned naval rank, any lower non-commissioned naval rank.

H. A fine not exceeding, in case the person convicted is a non-commissioned officer, ten pounds or, in any other case, five pounds.

I. Where the person convicted is a non-commissioned officer, forfeiture in the prescribed manner of seniority of rank.

J. Severe reprimand.

K. Reprimand.

(2) For the purposes of this Act in its application to a person subject to military law as a man, any punishment mentioned in the Scale to subsection (1) of this section shall be deemed to be a punishment less than any punishment mentioned before it in the said Scale.

(3) Where—

(a) a person subject to military law as a man is convicted by court-martial of an offence against military law mentioned in any section contained in Chapter II of this Part, and

(b) such section provides that on such conviction he shall be liable to suffer a specified punishment or any less punishment awardable by a court-martial,

the expression “any less punishment awardable by a court-martial” means in such section any punishment mentioned in the Scale to subsection (1) of this section which is less than the specified punishment.

(4) Save as is otherwise expressly provided in this Act, a person convicted by court-martial of having committed an offence against military law while subject to military law as a man shall be sentenced to one punishment only.

(5) For the purposes of commutation and revision of punishment, detention shall not be deemed to be less punishment than imprisonment if the term of detention is longer than the term of imprisonment.

(6) Where a court-martial proposes to sentence a man to penal servitude, the court-martial shall, before sentencing him to penal servitude, sentence him to discharge with ignominy from the Defence Forces or discharge from the Defence Forces and then sentence him to penal servitude.

(7) Where a court-martial sentences a man to imprisonment (otherwise than under subsection (2) of section 208), the court-martial may also sentence him to discharge with ignominy from the Defence Forces or to discharge from the Defence Forces.

(8) Where a court-martial sentences a non-commissioned officer to the punishment mentioned at G or I in the Scale to subsection (1) of this section, the court-martial may also sentence him to a fine or severe reprimand or reprimand.

(9) Where a court-martial sentences a man to detention or severe reprimand or reprimand, the court-martial may also sentence him to a fine.

(10) Where a non-commissioned officer is sentenced by a court-martial to imprisonment or detention, the court-martial shall also sentence him to reduction to, in case he holds a non-commissioned army rank, the rank of private or, in any other case, the rank of seaman.

(11) A man discharged with ignominy from the Defence Forces shall be disqualified from ever serving the State again in any capacity, civil or military.

211. —Where a person is found guilty by a court-martial of two or more offences against military law, the following provisions shall have effect, that is to say:—

(a) the court-martial shall, if it awards any sentence, award one sentence only in respect of all the offences, and

(b) such sentence shall be one which may, under this Act, be awarded in respect of any one of such offences.

212. —Where—

(a) a person is convicted by a court-martial of an offence against military law, and

(b) the court-martial proposes to sentence such person to imprisonment or detention, and

(c) such person is at the time of sentence undergoing imprisonment or detention under a former sentence,

any sentence of imprisonment or detention awarded by the court-martial shall not exceed such term as will make up a period of two consecutive years including the term then unexpired of the former sentence.

213. —(1) Where—

(a) a person subject to military law is convicted by a court-martial of an offence against military law, and

(b) such offence occasioned any expense, loss, damage or destruction,

the court-martial may, in lieu of or in addition to any punishment which it is authorised by this Act to award in respect of the offence, direct that there shall be paid by the offender as compensation for the expense, loss, damage or destruction so occasioned such sum (not exceeding the amount required to make good such expense, loss, damage or destruction) as the court-martial may direct.

(2) A direction under subsection (1) of this section shall, for the purposes of this Act, be deemed to be a sentence of a court-martial.

214. —The Minister may restore the whole or any part of any seniority of rank or service forfeited by sentence of a court-martial in the case of an officer or man who may perform good and faithful service or who may otherwise be deemed by the Minister to merit such restoration.