The Defence Act, 2006.pmd
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ANTIGUA AND BARBUDA
No. 10 of 2006
BILL FOR
AN ACT to revise the law relating to the Antigua and Barbuda
Defence Force and for related matters.
[ Published in the Official Gazette Vol. XXVI
No. 57 dated 12th October, 2006]
ENACTED by the Parliament of Antigua and Barbuda as
follows —
PART I
Preliminary
1. This Act may be cited as the Defence Act, 2003.
2. For the purposes of this Act
“Army Act, 1955” means the Army Act, 1955 of the United
Kingdom Parliament as amended from time to time and any
enactment substituted therefor;
“acting rank” means rank of any description (however
called) in respect of which a commanding officer may,
pursuant to regulations made under section 229, order the
holder to revert from, and" acting warrant officer” and
“acting non-commissioned officer” shall be construed
accordingly;
Interpretation.r
Short title.
[ L.S.]
I Assent,
James B. Carlisle,
Governor-General.
6th October, 2006
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“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 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;
“appropriate superior authority” has the meaning as-
signed to it by section 89(1) and section 93(2);
“arrest” includes open arrest;
“Force” means the Antigua and Barbuda Defence Force
established by section 4;
“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 jurisdic-
tion, and includes a court of summary jurisdiction;
“civil offence” has the meaning assigned to it by section
81(2);
“colour service” means service in the regular Force under
this Act;
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“Chief of Defence Staff” means the officer appointed by the
Governor- General under section 174 to have command of
the Antigua and Barbuda Defence Force;
“commanding officer” has the meaning assigned to it by
section 93(1):
“Commonwealth Force” means any of the naval, military
or air forces of a Commonwealth country;
“competent military authority” means such officer as may
be prescribed;
“constable” means a member of the Police Force;
"corresponding civil offence" has the meaning assigned
to it by section 81(2);
“corresponding rank”, in relation to any rank or rating in
the Antigua and Barbuda Defence Force, means such
rank or rating in any part of that Force as is prescribed;
“court-martial” means a court-martial held under this Act;
“damage” includes destruction;
“date of attestation”, in relation to any person, means the
date on which he is attested pursuant to regulations;
“decoration” includes medal, medal ribbon, clasp and good
conduct badge;
“Defence Board” means the Antigua and Barbuda De-
fence Board established by Part II;
“desertion” shall be construed in accordance with section
51(2);
“enemy” includes
(a) persons engaged in armed operations against the
Antigua and Barbuda Defence Force or any force co-
operating there with; and
(b) armed mutineers, armed rebels, armed rioters and
pirates;
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"Her Majesty" means Her Majesty in right of Antigua and
Barbuda;
"military" means connected to or belonging to land, sea
or air forces;
"mutiny" means a combination between two or more
persons who are subject to service law, or between
persons two at least of whom are subject to service law
(a) to overthrow or resist lawful authority in the Antigua
and Barbuda Defence Force or any forces co-
operating therewith or in any part of any such force,
(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 Antigua and Barbuda Defence Force;
"on active service"
(a) in relation to a unit, means that it is engaged in
operations against the enemy, and
(b) in relation to a person means that he is serving in or
with such a unit;
"Permanent Secretary" means the Permanent Secretary
within the Ministry with responsibility for Defence and
Security;
"provost officer" means a provost marshal or officer being
subject to service law appointed to exercise the functions
conferred by or under service law on provost officers;
"recruiting officer" means a person authorised to enlist
members in the regular Force pursuant to section 19;
"Reserve" or "Antigua and Barbuda Defence Force Re-
serve" means the body of officers and soldiers established
under paragraph (b) of section 4;
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“Reserve Class I” means that Unit of the Force formerly
referred to a the “Volunteer Element”.
“service” means belonging to or in connection with the
Antigua and Barbuda Defence Force;
“service law” means
(a) this Act, and
(b) the following Acts of the United Kingdom Parlia-
ment, any amendments thereto, and any enact-
ments substituted therefor
(i) the Army Act, 1955,
(ii) the Air Force Act, 1955, and
(iii) the Naval Discipline Act, 1957;
“ship” means any vessel;
“soldier” does not include an officer, but , subject to this
Act, includes a warrant officer and a non-commissioned
officer;
“stoppages” means the recovery by deductions, from the
pay of an offender, of a specified sum by way of compen-
sation for any expense, loss or damage caused by the
offender;
“unit” means
(a) any independent portion of the Antigua and Barbuda
Defence Force which is not higher in the organiza-
tion of that Force than a battalion or any equivalent
body of troops, or
(b) any other body of that Force declared by the Defence
Board to be a unit.
(2) References to officers and soldiers of the Antigua and
Barbuda Defence Force, except in Part VII, include references
to officers and soldiers attached or seconded thereto.
3 & 4 Eliz. 2
C. 18.
3 & 4 Eliz2
C19.
5 & 6 Eliz 2
C.53.
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3. (1) Where it appears to the Governor-General that, by
reasons of the imminence of active service or of the recent
existence of active service, it is necessary in the public interest
that a unit should be deemed to be on active service, he may by
proclamation declare that for a specified period, not exceeding
three months commencing with the date of the coming into
force of the proclamation, that unit shall be deemed to be on
active service.
(2) Where it appears to the Governor-General that it is
necessary in the public interest that the period specified in a
proclamation made under subsection (1) should be extended, or,
if previously extended under this section, should be further
extended, he may extend that period by such further period, not
exceeding three months, as is specified in the proclamation.
(3) Where a unit is deemed to be on active service pursuant
to subsection (1) and it appears to the Governor-General that
there is no necessity for the unit to continue to be deemed to be
on active service, he may declare that as from such date as is
specified the unit shall cease to be deemed to be on active
service.
4. There shall be established and maintained in Antigua and
Barbuda a body of military forces styled the Antigua and
Barbuda Defence Force comprising
(a) a regular Force and
(b) a reserve Force to be known as the Antigua and
Barbuda Defence Force Reserve; and
(c) such other units as the Governor- General may from
time to time think fit to be formed, and styled by
such designation as the Governor-General shall
prescribe by order.
5. (1) An Officer, Petty Officer or man in command of any
unit of the Coast Guard, in any case where he has reasonable
cause to suspect that any vessel is engaged in any unlawful
operation whatever within the territorial waters of Antigua and
Barbuda, may stop and board and search, with any assistance,
any and every part of such vessel and if he thinks it necessary
may direct such vessel to proceed to such place as he may
specify.
Establishment and
maintenance of
Force.
Powers of officers,
Petty Officers and
men of the Coast
Guard.
Active service
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(2) In exercise of the power conferred by subsection (1), such
Officer or Petty Officer or man may
(a) pursue and detain with any assistance any person
whom he has reason to believe is engaged in or
assisting in the carrying on of any unlawful opera-
tion as aforesaid;
(b) use such force as may be necessary to comply with
any directions he may give as to such vessel's
movements.
6. (1) The Antigua and Barbuda Defence Force is responsible
for the defence of Antigua and Barbuda and such other duties
as the Defence Board determines.
(2) In the event of public emergency the Governor-General
may, on the advice of the Prime Minister by proclamation direct
that the Antigua and Barbuda Defence Force or part thereof be
employed in aid of the civil community.
7. The Antigua and Barbuda Defence Force may, by order of
the Defence Board, be formed into units or other military
bodies.
8. The Governor-General may at the time order that the
whole or any part of the Antigua and Barbuda Defence Force
shall be employed outside Antigua and Barbuda; but no officer
or soldier of the Antigua and Barbuda Defence Force Reserve is
liable to be employed outside Antigua and Barbuda unless
(a) he is an officer or soldier who was transferred from
the regular Force to the Reserve; or
(b) he has entered into an agreement in writing accept-
ing such a liability.
9. (1) The Defence Board may order any officer or soldier of
the regular Force, or, with his consent, any officer or soldier of
the Reserve, to proceed to a place outside Antigua and Barbuda
for the purpose of undergoing instruction or training or to take
up duty or employment.
(2) The Defence Board may, with the consent of an officer or
soldier, place him at the disposal of the military authorities of
any country or territory for the purpose of his being attached to
the armed forces of that country or territory.
Overseas training.
Employment of
Defence Force
outside Antigua
and Barbuda.
Formation into
units.
Duties of Defence
Force.
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PART II
ANTIGUA AND BARBUDA DEFENCE FORCE
10. (1) There shall be an Antigua and Barbuda Defence Board
which is, subject to subsection (2), responsible for the command,
discipline and administration of, and all other matters relating to,
the Antigua and Barbuda Defence Force.
(2) The Chief of Defence Staff of the Antigua and Barbuda
Defence Force is, subject to the directions of the Governor-
General, responsble for the operational use of the Force, but the
Prime Minister may where no directions have been given by the
Governor-General give the Chief of Defence Staff directions to the
operational use of the Antigua and Barbuda Defence Force in
Antigua and Barbuda for the purpose of maintaining and secur-
ing public order and public safety as the Prime Minister thinks fit.
(3) “Where any member of the Antigua and Barbuda Defence
Force is acting pursuant to directions given under subsection (2)
such members shall, while so acting, enjoy all such immunity
privileges and protection as are enjoyed by members of the Royal
Antigua and Barbuda Police Force.”
11. (1) The members of the Defence Board are
(a) the Prime Minister, who shall be the Chairman, ex
officio;
(b) the Minister responsible for Defence and National
Security;
(c) such other Minister as the Prime Minister appoints;
(d) the Chief of Defence Staff, ex officio; and
(e) the Permanent Secretary, in the Ministry responsible
for Defence ex officio, or such other public officer as
the Prime Minister designates.
(2) The Chairman of the Defence Board may nominate any
member thereof to perform the duties of Chairman at any
meeting of the Defence Board from which the Chairman is
absent, and such nomination may be either general or in respect
of a particular occasion.
12. The Secretary of the Defence Board shall be the Perma-
nent Secretary, or such other person as the Chairman nominates
to perform the duties of Secretary at any meeting of the Defence
Secretary.
Membership of
Defence Board
Establishment of
Defence Board.
Performance of
functions of
Defence Board.
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Board in the event of the absence or inability to perform those
duties, of the Permanent Secretary.
13. The Defence Board may
(a) regulate its work, the manner in which it shall perform
its functions, and the duties and responsibilities of
the members thereof;
(b) delegate, by notice published in the Official Gazette,
any powers or duties of the Board to any member of
the Board;
(c) consult with such persons, other than members
thereof, as it thinks fit, including officers com-
manding units of the Force, on matters relating to
their units, and the officers shall attend such meet-
ings of the Defence Board as the Board requires;
(d) determine the procedure to be followed in conduct-
ing its business; and
(e) make provision for any other matter which it con-
siders necessary or desirable for attaining the better
performance of its functions.
PART III
Officers
14. (1) No person shall be granted a commission in the Antigua
and Barbuda Defence Force unless he has been recommended by
a Board (in this Act referred to as the Commissions Board)
comprising
(a) a Chairman appointed by the Chief of Defence Staff;
(b) the Chairman of the Public Service Commission; or in
his absence the Vice Chairman of the Public Service
Commission; and
(c) a person appointed by the Defence Board for such
period as the Board specifies.
(2) The validity of any proceedings of the Commissions
Board is not affected by any vacancy in the membership thereof
or any defect in the appointment of a member.
Commissions.
Performance of
functions of
Defence Board.
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(3) The Chief of Defence Staff may nominate a member of the
Antigua and Barbuda Defence Force, not below the rank of Major
or corresponding rank, to perform the duties of Chairman at any
meeting of the Commissions Board.
15. (1) The power to grant commissions in the Antigua and
Barbuda Defence Force is vested in Her Majesty, and may be
exercised on Her Majesty's behalf by the Governor-General.
(2) A commission may be granted either for an indefinite period
or for a specified period.
(3) Every officer, upon being granted a commission, is entitled
to be issued with a commission in the form set out in the First
Schedule, and the commission shall be issued under the Public
Seal and signed by the Governor-General.
16. (1) Every officer, upon being granted a commission, shall
be appointed by the Governor-General either to the regular
Force or to the first or second class of the Antigua and Barbuda
Defence Force Reserve.
(2) The Governor-General may, subject to such terms and
conditions as he determines, transfer any officer between the
regular Force and the Reserve, and between the first class and
the second class of the Reserve; but no officer shall be
transferred to the regular Force or the first class of the Reserve
without his consent.
17. (1) Subject to this Act, and section 229 (2) (a) to (g), the
Governor-General may make regulations
(a) respecting the commissioning of officers, their
term of service, appointment, transfer, promotion,
retirement, resignation, removal from office, and
such other matters concerning officers as he consid-
ers necessary; and
(b) for the better carrying into effect of this Part.
(2) The appointment, transfer, substantive promotion, retire-
ment, resignation, removal from office, of any officer shall be
notified by the Defence Board in the Official Gazette.
Power to make
regulations for
this Part.
Appointment and
transfer of officers.
First Schedule.
Power to grant
commissions.
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PART IV
Enlistment and Terms of Service in Regular Force
Enlistment
18. For the purpose of this part, (other than section 31)
"Reserve" means the second class of the Antigua and Barbuda
Defence Force Reserve.
19. Any person authorised in that behalf by regulations may,
in the prescribed manner, enlist recruits in the regular Force.
20. (1) Any person who desires to enlist in the regular Force
shall be given a notice in the prescribed form, and a recruiting
officer shall not enlist any person in the Force unless that officer
is satisfied that the person has been given such a notice,
understands it, and wishes to be enlisted.
(2) a recruiting officer shall not enlist a person under the age
of 18 years in the regular Force unless consent to the enlistment
has been given in writing
(a) in the case of a person who is living with both
parents; by at least one parent;
(b) in the case of a person who is not living with more
than one parent by any person (whether a parent or
not) who has parental rights and powers in respect
of him and whose whereabouts are known or can
after reasonable enquiry be ascertained; or
(c) in the case of a person to whom paragraph (a) or (b)
does not apply, by any person in whose care, whether
in law or in fact, the person offering to enlist is.
(3) Where the recruiting officer is satisfied by the produc-
tion of a certified copy of an entry in the register of births or
by any other evidence appearing to him to be sufficient, that
a person offering to enlist has or has not attained the age of
18 years, that person shall be deemed for the purposes of this
Act to have attained, or as the case may be, not to have
attained, that age.
(4) A document purporting to be a certificate signed by a
recruiting officer, stating that he is satisfied as to the age of
Recruiting Officer.
Enlistment.
Interpretation.
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a person pursuant to subsection (3) is sufficient proof that he
is so satisfied in the absence of evidence to the contrary.
Terms and Conditions of Service
21. The term for which a person may enlist in the regular Force
is
(a) in the case of a person who has, at the time of his
enlistment, attained the age of 18 years
(i) such term of colour service not exceeding 12
years as is prescribed;
(ii) such term not exceeding 12 years as is pre-
scribed, being as to such part thereof as is
prescribed a term of colour service and as to
remainder a term of service in the Reserve;
(b) in the case of a person who has not, at the time of his
enlistment, attained the age of 18 years
(i) a term of colour service not exceeding 12
years, as is prescribed, beginning with the
date on which he attains such age, or
(ii) a term not exceeding 12 years, as is pre-
scribed, beginning with the date on which he
attains such age, being as such part thereof as
is prescribed a term of colour service, and as
to the remainder a term in the Reserve
22. (1) Any soldier who, being of good character, has at any
time completed or is within 2 years before completing the term
of his colour service may, with the approval of the competent
military authority, re-engage for such further period of colour
service and service in the Reserve as is prescribed; but the
further period of colour service together with the original period
of colour service may not, subject to subsection (2), exceed a
total continuous period of 22 years colour service from the date
of the soldier's original attestation or the date on which he
attained the age of 18 years, whichever is later.
(2) Any soldier who completes a period of 22 years colour
service may, if he so desires and with the approval of the
competent military authority, continue to serve in all respects as
if his term of colour service was still unexpired; but such a
Re-engagement
and continuance
of service.
Term of
Enlistment.
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soldier may claim his discharge at the expiration of the period of
3 months beginning with the date on which he gives his com-
manding officer notice of his wish to be discharged.
23. Any soldier whose term of colour service expires during
a state of war, insurrection, hostilities or public emergency, or at
a period when the exigencies of the service require his services
may be retained in the Force, and his service may be extended for
such further period as the competent military authority, with the
approval of the Defence Board, directs.
Discharge and Transfer to the Reserve
24. (1) Subject to this Act , every soldier of the regular Force
entitled to be discharged shall be discharged with all convenient
speed, but until discharged is subject to military law under this
Act.
(2) Where a soldier of the regular Force is at the time when
he is entitled to be discharged, serving outside Antigua and
Barbuda, then, if he wishes to be discharged in Antigua and
Barbuda, he shall be sent to Antigua and Barbuda free of cost
with all convenient speed and shall be discharged on his arrival
in Antigua and Barbuda, or, if he consents to his discharge
being delayed, within 6 months after his arrival; but if he wishes
to be discharged at the place where he is serving, he shall be so
discharged.
(3) Except in pursuance of the sentence of a court-martial, a
soldier of the regular Force shall not be discharged unless his
discharge has been authorised by the competent military au-
thority.
(4) Every soldier of the regular Force shall be given on his
discharge a certificate of discharge containing such particulars
as are prescribed.
25. (1) Subject to this Act, every soldier of the regular Force
due to be transferred to the Reserve shall be transferred thereto,
but until so transferred is subject to military law.
(2) Where a soldier of the regular Force due to be transferred
to the Reserve is serving out of Antigua and Barbuda he shall
be sent to Antigua and Barbuda free of cost with all convenient
Extension of
service.
Transfer to the
Reserve.
Discharge.
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speed and shall be transferred to the Reserve on his arrival in
Antigua and Barbuda, or, if he consents to his transfer being
delayed, within 6 months after his arrival; but if he so wishes, he
may be transferred to the Reserve without being required to return
to Antigua and Barbuda.
(3) Notwithstanding subsections (1) and (2), the competent
military authority may, when a soldier of the regular Force is to
be transferred to the Reserve, discharge him forthwith without
giving any reason, and in such case section 23 applies.
26. (1) Notwithstanding this part, a soldier of the regular Force
is not entitled to be discharged or transferred to the Reserve
during any period that he is liable to be proceeded against for an
offence under this Act; but if it is decided that the offence is to
be tried by court-martial this subsection does not apply.
(2) Notwithstanding this Part, a soldier of the regular Force
who is serving a sentence of imprisonment or detention awarded
by a court-martial or by his commanding officer is not entitled
to be discharged or transferred to Reserve during the currency
of the sentence.
27. (1) A warrant officer or non-commissioned officer shall
not be reduced in rank except
(a) by sentence of a court-martial;
(b) by an order of the Defence Board; or
(c) by an order of an officer who, not below the rank of
Major or corresponding rank, is authorised by the
commanding officer to act for the purposes of this
subsection.
(2) An officer may be authorised under subsection (1) gener-
ally or subject to such limitations as are prescribed.
(3) For the purposes of this section reduction in rank does not
include reversion from acting rank.
28. A warrant officer of the regular Force who is reduced to the
ranks may, on such reduction, claim his discharge unless a state
of war, insurrection, hostilities or public emergency exists.
Right of warrant
officers to
discharge on
reduction in rank.
Postponement of
discharge or
transfer pending
proceedings for
offences etc.
Restrictions on
reductions in
rank of warrant
officer and non-
commissioned
officer.
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29. A soldier of the regular Force may be discharged by the
competent military authority at any time during the currency of the
soldier's term of engagement upon such grounds as are prescribed.
30. (1) Subject to this section, a soldier of the regular Force
is entitled to claim his discharge at any time within 3 months after
the date of his first attestation, and if he makes such claim, shall
on payment of such sum not exceeding $500 be discharged with
all convenient speed, but until discharged remains subject to
military law under this Act.
(2) This section does not apply to a soldier of the regular Force
who was, at any time within 3 months prior to the date of his first
attestation, a member of a Commonwealth Force.
(3) Section 23 does not apply to a soldier discharged under
this section.
(4) Notwithstanding this section, a soldier of the regular
Force is not entitled to claim his discharge pursuant to this
section during any time when soldiers of that Force are required
to continue their colour service under section 22.
31. (1) A soldier of the regular Force may, at any time after
the expiration of the period mentioned in section 30(1), make
application for the purchase of
(a) his discharge under this section; or
(b) his transfer under this section to either class of the
Reverse.
(2) Every application made under subsection (1) shall be
considered by the Defence Board, and, after considering the
application, it may
(a) refuse the application; or
(b) direct that the applicant, upon payment of such
sum, not exceeding $2,000, as the Defence Board
specifies,
(i) be discharged or transferred to such class of
the Reserve as the Board specifies, where he
seeks his discharge; or
Further provisions
relating to
purchase of
discharge or
transfer.
Discharge upon
prescribed
grounds.
Right of soldier
to purchase
discharge.
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(ii) be transferred to such class of the Reserve as
the Board specifies, where he seeks a transfer
to the Reserve.
(3) Where the Defence Board directs under subsection (2)
that a soldier of the regular Force be discharged, the soldier shall,
on payment of the sum specified by the Board in respect of his
discharge, be discharged with all convenient speed; but until
discharged he remains subject to military law under this Act.
(4) Where the Defence Board directs under subsection (2) that
a soldier of the regular Force be transferred to a specified class
of the Reserve, the soldier shall, on payment of the sum specified
by the Defence Board in respect of his transfer, be transferred with
all convenient speed to that class of the Reserve, and subject to
section 211 (1), shall serve therein for a term equal to the unexpired
portion of his colour service, as determined immediately before
his transfer; but until so transferred he remains subject to military
law under this Act.
(5) Nothing in this section relating to transfer to the Reserve
nor in any direction by the Defence Board affects the liability of
a soldier who enlisted for a term consisting as to part of colour
service and, as to the remainder, of service in the second class
of the Reserve, to serve the remainder of his service in the
second class of the Reserve, and accordingly, but subject to
section 211(1),
(a) if the soldier is transferred under this section to the
first class of the Reserve, he shall, at the expiration
of the term mentioned in subsection (4), be trans-
ferred therefrom to the second class to serve therein
for the remainder of his engagement; and
(b) if the soldier is transferred under this section to the
second class of the Reserve shall, at the expiration of the
term mentioned in subsection (4), continue to serve in
that class for the remainder of his engagement.
(6) A soldier who is serving outside Antigua and Barbuda
at the time of his discharge or transfer to the Reserve under this
section is not entitled to be returned to Antigua and Barbuda or
to be sent elsewhere at the expense of the Antigua and Barbuda
Defence Force.
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(7) Subsections (1), (2) and (3) of section 24 do not apply to a
soldier discharge under this section, and section 24 does not
apply to a soldier transferred to the Reserve under this section.
32. (1) Notwithstanding section 30 and paragraph (a) of
section 31(1), and any other provision relating to discharge from
the Antigua and Barbuda Defence Force, where a member of the
Force undergoes a training course under the auspices of the
Force, he shall, on completion of the training course, serve with
the Force for such period as may be prescribed.
33. (1) In reckoning the service of any soldier of the regular
Force in relation to discharge, re-engagement, or transfer to the
Reserve, there shall be excluded there from
(a) any period during which he was absent from duty by
reason of imprisonment or desertion;
(b) any period during which he was absent without leave
for more than 28 days; and
(c) any period ordered by a court-martial to be forfeited.
34. (1) Where a person made the prescribed declaration upon
his attestation and thereafter received pay as a soldier 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) after the expiration of a period of 3 months from the
date on which he made the declaration he shall be
deemed to have been validly enlisted notwithstand-
ing any non-compliance with the requirements of this
Act or the regulations relating to enlistment or attes-
tation, or any other ground (not being an error or
omission in his attestation paper), and he shall be
deemed to be a soldier of the Force until his dis-
charge.
(2) Where a person receives pay as a soldier of the regular
Force without having previously made the declaration referred to
in subsection (1), he shall be deemed to be a soldier of the Force
until discharged, and may claim his discharge at any time; but if
Rules for
reckoning service.
Validity of
attestation and
enlistment.
Service after
training course.
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he claims his discharge, the claim should be submitted as soon
as possible to the Defence Board, who shall, if the claim is well
founded, cause him to be discharged with all convenient speed.
(3) Nothing in this section affects the determination of any
question as to the term for which a person was enlisted or
prevents the discharge of a person who has not claimed his
discharge.
35. (1) If a person appearing before a recruiting officer for the
purpose of being enlisted in the regular Force 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
commits an offence and liable on summary conviction to a fine of
$100 or imprisonment for 3 months.
(2) Notwithstanding that a person has become subject to
military law under this Act, he may be prosecuted for an offence
under subsection (1) in a civil court.
PART V
DISCIPLINE AND TRIAL AND PUNISHMENT OF
MILITARY OFFENCE
Treachery, Cowardice and Offences Arising out of
Military Service
36. (1) For the purposes of this Part
“civil prison” means a prison in Antigua and Barbuda in
which a person sentenced by a civil court to imprisonment
may be confined;
“convening officer”, in relation to a court-martial,
means the officer convening that court-martial or his
successor;
“military establishment” means a military prison or any
other establishment under the control of the Defence
Board where persons may be required to serve military
sentences of imprisonment or detention;
“military prison” means a place designated by the De-
fence Board for persons serving military sentences of
imprisonment;
False answers in
attestation papers.
Interpretation.
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“prison” means a civil prison or a military prison;
“private soldier” means a soldier who is not a warrant
officer nor a non-commissioned officer.
(2) For the purposes of this part
(a) a reference to a military sentence of imprisonment
includes a reference to a sentence of imprisonment
passed by a court-martial;
(b) a reference to a military sentence of detention
includes a reference to a sentence of detention
passed by a court-martial or awarded by an offender's
commanding officer;
(c) a reference to a warrant officer does not include a
reference to an acting warrant officer;
(d) a reference to a non-commissioned officer includes
a reference to an acting non-commissioned officer
and to an acting warrant officer.
37. (1) Subject to subsection (2), where any person who is
subject to military law under this Act does any of the following
things with intent to assist the enemy, that is to say
(a) abandons or delivers up any place or post that it is
his duty to defend, or includes any person to aban-
don or deliver up any place or post that it is that
person's duty to defend;
(b) does any act calculated to imperil the success of
operations of the Antigua and Barbuda Defence
Force, or any part thereof;
(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 not authorised by international
usage;
(d) furnishes the enemy with arms and ammunition or
with supplies of any description, or with any other
thing likely to assist the enemy; or
Aiding the enemy.
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(e) harbours or protects an enemy who is not a prisoner
of war,
he commits an offence and is liable on conviction by court-martial
to suffer death or any other punishment provided by this Act.
(2) Where any person who is subject to military law under this
Act knowingly and without lawful excuse does anything speci-
fied in paragraphs (a) to (e) of subsection (1), he, notwithstand-
ing that it is not proved that he acted with intent to assist the
enemy, commits an offence and is liable on conviction by court-
martial to imprisonment or less punishment provided by this Act.
38. (1) Any person who, being subject to military law under
this Act, with intent to assist the enemy communicates with or
gives intelligence to the enemy, commits an offence and liable
on conviction by court-martial to suffer death or any other
punishment provided by this Act.
(2) Any person who, being subject to military law under this
Act, without authority, communicates with, or gives intelli-
gence to, the enemy commits an offence and liable on conviction
by court-martial to imprisonment or any less punishment
provided by this Act.
(3) For the purposes of this section, "intelligence" in-
cludes information that is or purports to be informed of such
nature as would or might be, directly or indirectly, useful to
an enemy, and
(a) the number, description, armament, equipment,
disposition, movement or condition, of the Antigua
and Barbuda Defence Force, or forces co-operating
therewith;
(b) any operations or projected operations of any force
referred to in paragraph (a);
(c) any code, cipher, call sign, password or counter-
sign;
(d) any plans for defence or fortification of any place;
(e) the number, description or location of any prisoners
of war; and
Communicating
with the enemy.
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(f) munitions of war.
39. Any person who, being subject to military law under this
Act.
(a) when before the enemy, leaves the post, position or
other place where it is his duty to be;
(b) when before the enemy, throws away his arms,
ammunition or tools, or otherwise behaves in such
manner as to show cowardice; or
(c) when before the enemy, includes any other person,
being subject to service law, when the other person is
before the enemy, to contravene paragraph (a) or (b),
commits an offence and liable to conviction by court-martial to
imprisonment or any less punishment provided by this Act.
40. Any person who, being subject to military law under this
Act
(a) publishes reports relating to operations of the
Antigua and Barbuda Defence Force or any forces
co-operating therewith or any part of any of those
forces; or
(b) when before the enemy, uses words calculated to
cause despondency or unnecessary alarm,
commits an offence and liable on conviction by court-martial to
imprisonment or any less punishment provided by this Act.
41. (1) A person commits an offence under this section if, being
subject to military law under this Act, through disobedience to
orders or wilful neglect of his duty is captured by the enemy.
(2) A person who, being subject to military law under this Act,
having been captured by the enemy, fails to take, or prevents or
discourages any other person being subject to service law who
has been captured by the enemy from taking, any reasonable
steps available to him or that other person, as the case may be,
to rejoin the Antigua and Barbuda Defence Force or any force co-
operating therewith, is guilty of an offence.
Offence against
morale.
Becoming a
prisoner of war
through
disobedience or
wilful neglect and
failure to rejoin
forces.
Cowardice.
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(3) Any person who commits an offence under this section is
liable on conviction by court-martial to imprisonment or any less
punishment provided by this Act.
42. (1) A person commits of an offence who, being subject to
military law under this Act
(a) sleeps at his post while on guard duty;
(b) is asleep, while on guard duty at a place other than
a post at a time when he ought not to be asleep;
(c) is drunk, while on guard; or
(d) leaves his post while on guard duty without having
been regularly relieved, or otherwise absent himself
from any place where it is his duty to be .
(2) For the purposes of this section, a person is 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) A person commits of an offence who, being subject to
military law under this Act
(a) strikes or otherwise uses force against a member of
the Antigua and Barbuda Defence Force or of any
forces co-operating therewith while such member is
on guard duty; or
(b) by the threat of force, compels any such member to
allow that person or any other person to pass a guard
post.
(4) A person who commits an offence under this section
is liable on conviction by court-martial to imprisonment or
any less punishment provided by this Act; but where the
offence was not committed on active service, he is not liable
to imprisonment for more than two (2) years.
(5) References to this section to a person on guard duty are
references to
(a) a person who is posted, ordered to patrol, or has
adopted the position of sentry, at a post, or has
undertaken the patrol; or
Offences by, or in
relation to
sentries.
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(b) a person who is a member of a guard or other party
mounted or ordered to patrol, for the purpose of
protecting any person, premises or place.
(6) This section applies in relation to
(a) persons posted, ordered to patrol, or who have
adopted the position of sentries, at a post or have
undertaken the patrol; and
(b) the members of the party mounted or ordered to
patrol,
for the purpose of preventing or controlling access to or egress
from any premises or place, or of regulating traffic by road, rail
or on any inland navigation, as it applies to persons on guard
duty.
43. Any person who being subject to military law under this
Act
(a) steals from or with intend to steal, searches, the
person of anyone killed or wounded in the course of
warlike operations;
(b) steals any property that has been left exposed or
unprotected in consequence of warlike operation; or
(c) takes otherwise than for the public service any
vehicle, equipment or stores abandoned by the en-
emy
commits looting , and is liable on conviction by court-martial to
imprisonment or any less punishment provided by this Act.
44. (1) A person subject to military law commits an offence
if he does any act calculated to imperil the success of any action
or operation on the part of the Force or wilfully delays or
discourages upon any pretext whatsoever any such action or
operation.
(2) A person subject to military law commits of an offence if,
knowingly and without lawful excuse he gives any false air signal
or alters or interferes with any air signal or any apparatus for
giving an air signal.
Looting.
Obstructing
operations, giving
false air signals.
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(3) A person who commits an offence against this section is,
on conviction by court-martial, liable
(a) if the offence was committed with intent to assist the
enemy, to suffer death or any less punishment pro-
vided by this Act;
(b) in any other case, to a term of imprisonment not
exceeding or any less punishment provided by this
Act.
Mutiny and Insubordination
45. (1) Any person who being subject to military law under
this Act
(a) takes part in a mutiny
(i) involving the use or threat of the use of
violence;
(ii) involving the refusal or avoidance of any duty
or service, or impeding the performance of
any such duty or service;
(iii) in connection with operations against the
enemy; or
(b) incites any person who is subject to service law to
take part in a mutiny, whether actual or intended,
commits an offence and liable on conviction by court-martial
to suffer death or any other punishment provided by this Act.
(2) In circumstances other than those specified in subsection
(1) a person who, being subject to military law under this Act
(a) takes part in a mutiny; or
(b) incites any person who is subject to service law to
take part in a mutiny, whether actual or intended,
commits of an offence and is liable on conviction by court-martial
to imprisonment or any less punishment provided by this Act.
Mutiny.
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46. (1) A person commits an offence who, being subject to
military law under this Act, 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.
(2) A person who commits an offence under subsection (1)
is liable
(a) if the offence was committed with intent to assist
the enemy, to suffer death or any less punishment
provided by this Act; and
(b) in any other case, to imprisonment or any less
punishment provided by this Act.
47. (1) Any person who, being subject to military law under
this Act
(a) strikes, or otherwise uses or offers violence to, his
superior officer; or
(b) uses threatening or insubordinate language to his
officer,
commits of an offence and liable on conviction by court-martial
to imprisonment or any less punishment provided by this Act;
but he is not liable to be imprisoned for more than two (2) years
if the offence was not committed on active service, and did not
involve the striking or use or offer of violence to a superior
officer exercising authority as such.
(2) For the purposes of this section, "superior officer", in
relation to any person
(a) means an officer, warrant officer or non-commis-
sioned officer of superior rank who is subject to
service law; and
(b) such an officer, warrant officer or non-commis-
sioned officer of equal rank but greater seniority
while exercising authority as that person's superior.
Insubordinate
behaviour.
Failure to
suppress mutiny.
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48. (1) Any person who, being subject to military law under
this Act, a wilful defiance of authority disobeys any lawful
command given or sent to him personally commits an offence, and
is liable on conviction by court-martial to imprisonment or any
less punishment provided by this Act.
(2) Any person who, being subject to military law under this
Act, disobeys any lawful command, whether wilfully or negli-
gently, commits an offence and is liable on conviction by court-
martial to imprisonment or any less punishment provided by this
Act, but if the offence was not committed on active service he is
not liable to be imprisoned for more than two (2) years.
49. Any person who, being subject to military law under this
Act, obstructs, or, when called on, refuses to assist, a provost
officer, or any other person, whether subject to military law
under this Act or not, lawfully exercising authority under or on
behalf of a provost officer, commits an offence and liable on
conviction by court-martial to a term of imprisonment for two
(2) years or any less punishment provided by this Act.
50. Any person who, being subject to military law under this
Act, knowingly contravenes any standing order or other routine
order 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 vessel, vehicle or aircraft, commits an offence
and liable on conviction by court-martial to imprisonment for
two (2) years or any less punishment provided by this Act.
51. (1) Any person who, being subject to military law under
this Act
(a) deserts; or
(b) aids, abets, counsels or procures any other person
who is subject to service law to desert,
commits an offence and liable on conviction by court-martial to
imprisonment or any less punishment provided by this Act; but
he is not liable to imprisonment for more than two (2) years
unless he deserts while on active service or while under orders
for active service, or aids, abets, counsels or procures any other
person who is subject to service law to desert while that other
person is on active service or under orders for active service.
Obstruction of
provost officer.
Disobedience to
standing orders.
Desertion.
Disobedience to
particular orders.
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(2) For the purpose of this Act, a person deserts who
(a) leaves the Antigua and Barbuda Defence Force, or,
when it is his duty to do so, fails to join or rejoin that
Force with intention, whether subsisting at the time
of his leaving or formed thereafter, or remaining
permanently absent from his duty;
(b) being an officer in the Antigua and Barbuda Defence
Force, enlists in or enters any Commonwealth Force
or foreign force without having been discharged
from his previous enlistment; or
(c) absents himself without leave with intent to avoid
serving at any place overseas or to avoid service or
any particular service before the enemy.
(3) The court-martial by which a soldier is convicted of
desertion may, in addition to or in lieu of any punishment
imposed under subsection (1), direct that the whole or any part
of his service prior to the period in respect of which he is
convicted shall be fortified; but this subsection does not apply
to the Reserve called out on permanent service.
52. (1) Any person who, being subject to military law under
this Act
(a) absents himself without leave; or
(b) persuades or procures any person who is subject to
service law to absent himself without leave,
commits an offence and liable on conviction by court-martial to
imprisonment for two (2) years or any less punishment provided
by this Act.
53. Any person who, being subject to military law under
this Act
(a) knowingly assists any person who is subject to service
law to desert or absent himself without leave; or
(b) knowing that any person who is subject to service
law has deserted or absented himself without leave,
or is attempting to desert or absent himself without
Absence without
leave.
Assisting and
concealing
desertion and
absence without
leave.
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leave, fails to take any steps within his power to
cause that person to be apprehended,
commits an offence and is liable on conviction by court-martial
to imprisonment for two (2) years or any less punishment pro-
vided by this Act.
54. Any person who, being subject to military law under this
Act, without reasonable excuse fails to attend any parade or
other military duty of any description or leaves any such parade
or duty before he is permitted to do so commits an offence and
is liable on conviction by court-martial to imprisonment for two
(2) years or any less punishment provided by this Act.
Malingering and drunkenness
55. (1) Any person who, being subject to military law under
this Act
(a) falsely pretends to be suffering from sickness or
disability;
(b) injures himself with intent to render himself unfit
for service, or causes himself to be injured by any
person with that intent;
(c) injures any person who is subject to service law, at
the instance of the other 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, prolongs or aggravates, any
sickness or disability,
commits the offence of malingering and liable on conviction by
court-martial to imprisonment for two (2) years or any less
punishment provided by this Act.
(2) For the purpose of this section "unfit" includes tempo-
rarily unfit.
56. (1) Any person who, being subject to military law under
this Act, is guilty of drunkenness, whether on duty or not, is liable
on conviction by court-martial to imprisonment for two (2) years
or any less punishment provided by this Act; but where the
Failure to perform
military duties.
Malingering.
Drunkenness.
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offence is committed by a soldier who is not on active service or
on duty, the sentence imposed must not exceed detention for a
period of 6 months.
(2) For the purposes of this section, a person is guilty of
drunkenness if, owing to the influence of alcohol or any drug,
whether alone or in combination with any other circumstances, he
is unfit to be entrusted with his duty or with any duty that he may
be called upon to perform, or behaves in a disorderly manner or
in any manner likely to bring discredit on the Antigua and Barbuda
Defence Force.
Disorderly conduct
57. Any person subject to military law who, without reason-
able excuse
(a) fights with any other person, whether subject to
military law or not, or
(b) uses threatening, abusive, insulting or provocative
words or behaviour likely to cause a disturbance,
commits an offence and is liable, on conviction by court-martial,
to imprisonment for a term not exceeding two (2) years or any
less punishment provided by this Act.
Offences relating to property
58. Any person who, being subject to military law under this
Act
(a) steals or fraudulently misapplies any public or ser-
vice property, or is concerned in or connives at the
stealing or fraudulent misapplication of any such
property;
(b) receives any such property knowing or having rea-
son to believe it to have been stolen or to have been
fraudulently misapplied;
(c) wilfully damages, or is concerned in the wilful damage
of, any such property; or
(d) by wilful neglect causes damage by fire to any such
property,
Fighting,
threatening
words, etc.
Public or service
property.
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commits an offence and is liable on conviction by court-martial
to imprisonment or any less punishment provided by this Act.
59. Any person who, being subject to military law under
this Act
(a) steals or fraudulently misapplies any property be-
longing to any other person who is subject to service
law, or is concerned in or connives at the stealing or
fraudulent misapplication of any such property; or
(b) receives any property referred to in paragraph (a)
knowing or having reason to believe such property to
have been stolen or to have been fraudulently misap-
plied; or
(c) wilfully damages or is concerned in the wilful
damage of, any property belonging to such other
person,
commits an offence and is liable on conviction by court-martial
to imprisonment for two (2) years or any less punishment
provided by this Act.
60. (1) Any person who, being subject to military law under
this Act
(a) loses any public or service property of which he
has charge or that has been entrusted to his care;
(b) by negligence damages any public or service prop-
erty of which he has charge or that has been
entrusted to his care;
(c) by negligence causes damage by fire to any public
or service property;
(d) fails to take proper care of any animal or bird used
in the public service that is in his charge; or
(e) makes away, whether by pawning, selling, destruc-
tion or in any other way, with any military, naval or
air force decoration awarded to him, or any clothing,
arms, ammunition or other equipment issued to him
for his use for military purposes,
Other offences
relating to
property.
Property of
members of
Force.
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commits an offence and is liable on conviction by court-martial
to imprisonment for two (2) years or any less punishment pro-
vided by this Act.
(2) Where a person is charged under paragraph (a) of
subsection (1) with losing any property, it is a defence to prove
that he took reasonable steps for the care and prevention thereof.
Flying, etc., offences
61. Any person who, being subject to military law under this
Act, either wilfully or by negligence, causes or allows to be lost,
stranded or hazarded any of Her Majesty's ships commits an
offence, and is liable on conviction by court-martial,
(a) if he acts wilfully or with wilful neglect, to imprison-
ment or any less punishment provided by this Act;
(b) in any other case, to imprisonment for a term not
exceeding two (2) years or any less punishment so
provided.
62. Any person who, being subject to military law under
this Act does or omits to do anything relating to the flying or
to the use of any aircraft, or in relation to any aircraft, or aircraft
material, that causes or is likely to cause loss of life or bodily
injury to any person commits an offence and is liable on
conviction by court-martial to a term of imprisonment or any
less punishment provided by this Act; but where the person
has not acted wilfully or recklessly he is not liable to be
imprisoned for more than two (2) years.
63. Any person who, being subject to military law under
this Act, signs any certificate in relation to an aircraft or to
aircraft material without ensuring the accuracy of the certifi-
cate commits an offence and is liable on conviction by court-
martial to imprisonment for two (2) years or any less punish-
ment provided by this Act.
64. Any pilot who, being subject to military law under this
Act
(a) flies one of Her Majesty's aircraft at a height less
than the prescribed height except
(i) while taking off or landing, or
Lost or hazarding
of ships.
Low flying and
annoyance by
flying.
Inaccurate
certification of
aircraft, etc.
Dangerous flying,
etc.
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(ii) in such other circumstances as are prescribed;
or
(b) flies one of Her Majesty's aircraft in a manner likely
to cause unnecessary annoyance to any person,
commits an offence and is liable on conviction by court-martial
to imprisonment for two (2) years or any less punishment
provided by this Act.
65. (1) Where a person who is subject to military law under
this Act is under arrest, any other person who is subject to
military law under this Act commits an offence who
(a) unnecessarily delays the taking of such steps as it is
his duty to take for investigating the allegations
against him investigated by his commanding of-
ficer or an appropriate superior authority, or as the
case may be, tried by court-martial; or
(b) fails to release, or effect the release of, that first
mentioned person when it is the other person's duty
to do so.
(2) A person commits an offence who, being subject to
military law under this Act having committed a person (in this
section 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 de-
liver at any time of the committal, or if it is not practicable to do
so, then within twenty-four (24) hours thereafter, to the person
to whose custody the prisoner was committed, a report in
writing signed by him of the offence the prisoner is alleged to
have committed.
(3) Where a prisoner is committed to the charge of a person
who is subject to military law under this Act and in command
of a guard then, that person commits an offence, if without
reasonable cause he does not as soon as he is relieved from his
guard and further duty, or, if he is not sooner relieved, within
twenty-four (24) hours after the committal, give to the officer to
whom it is his duty to report
(a) a written statement containing, so far as is known to
him, the prisoner's name and alleged offence and the
name and rank or other description of the officer or
other person who alleges that the prisoner has
committed the offence; and
Irregular arrest
and confine-
ment.
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(b) if he has received it, the report required by subsec-
tion (2).
(4) Any person guilty of an offence under this section is liable
on conviction by court-martial to imprisonment for two (2)
years or any less punishment provided by this Act.
66. Any person who, being subject to military law under this Act
(a) wilfully or without lawful excuse allows any person
committed to his charge, or whom it is his duty to
guard, to escape; or
(b) without proper authority, releases any person who
is committed to his charge,
commits an offence and is liable on conviction by court-martial
to imprisonment for two (2) years or any less punishment
provided by this Act.
67. ( 1) A person commits an offence who, being subject to
military law under this Act, is involved in any quarrel or
disorder and
(a) refuses to obey any officer subject to service law
who orders him into arrest; or
(b) strikes or otherwise uses violence to, or offers
violence to, the officer referred to in paragraph (a),
whether or not the officer is the person's superior officer.
(2) A person commits an offence who, being subject to
military law under this Act, strikes or otherwise uses violence
to, or offers violence to, any other person whose duty it is to
apprehend him or in whose custody he is.
(3) Any person who commits an offence under this section is
liable on conviction by court-martial to imprisonment for two
(2) years or any less punishment provided by this Act.
68. Any person who, being subject to military law under this
Act, escapes from arrest, prison or other lawful custody, whether
military or not, commits an offence and is liable on conviction by
court-martial to imprisonment for two (2) years or any less
punishment provided by this Act.
Permitting
escape and
unlawful release
of prisoners
Resisting arrest.
Escape.
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Offences relating to court-martial and civil authorities
69. (1) Any person who, being subject to military law under
this Act
(a) fails to comply with a summons or an order to attend
as a witness before a court-martial, having been
duly summoned or ordered to attend as a witness
before a court-martial;
(b) refuses to take an oath when duly required by a
court-martial to do so;
(c) refuses to produce any document in his custody that
a court-martial has lawfully required to him to
produce;
(d) when a witness, refuses to answer any question that
a court-martial has lawfully required him to an-
swer; or
(e) wilfully insults a member of a court-martial, a
witness, or any other person whose duty it is to
attend on or before the court-martial while that
member, witness or person, as the case may be
(i) is acting as a member thereof or is so attend-
ing, or
(ii) is going to or returning from the proceedings
of the court-martial; or
(f) wilfully interrupts the proceedings of a court-martial
or otherwise misbehaves before the court-martial,
commits an offence and is liable on conviction by court-martial,
other than the court-martial in relation to which the offence was
committed, to imprisonment for two (2) years or any less
punishment provided by this Act.
(2) Notwithstanding subsection (1), where a person commits
an offence under paragraph (e) or (f) of that subsection the court-
martial, if it is of the opinion that it is expedient that he should be
dealt with summarily by that court-martial instead of being
brought to trial before another court-martial, may, by order signed
by the president of the court-martial, order the person to be
Offences
relating to
court-martial
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imprisoned, for a period of twenty-one (21) days, or in the case
of a soldier, to be imprisoned, or to undergo detention, for a like
period.
(3) References in paragraphs (a) to (f) of subsection (1) to a
court-martial include references to a court held in pursuance of
service law.
70. (1) Any person who, being subject to military law under
this Act and having been lawfully sworn as a witness or as an
interpreter in proceedings before a court held under service law
or before any board or person having power under service law
to administer oaths, makes a statement material in those
proceedings that he knows to be false or does not believe to
be true commits of an offence and is liable on conviction by
court-martial to imprisonment for two (2) years or any less
punishment provided by this Act.
(2) No person may be convicted of an offence under this
section solely on the evidence of one witness.
71. Any person who, being subject to military law under this
Act, prevents or obstructs
(a) the execution by a constable of a warrant for the
arrest of a person who is subject to service law and
who has committed or is suspected of having com-
mitted an offence punishable on conviction by a
civil court; or
(b) the arrest of a person who is subject to service law,
by a constable acting in the exercise of his powers
of arrest without warrant,
commits an offence and is liable on conviction by court-martial
to imprisonment for two (2) years or any less punishment
provided by this Act.
Miscellaneous Offences
72. (1) Any person who, being subject to military law under
this Act, discloses, without authority, whether orally, in writ-
ing, by signal or by any other means, any information that is, or
that he believes to be, useful to an enemy commits an offence and
is liable on conviction by court-martial to imprisonment for two
(2) years or any less punishment provided by this Act.
Obstructing police
officer, arresting
officer or soldier.
False statement.
Disclosing
information.
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(2) For the purpose of this section “information useful to an
enemy” includes information concerning any matter that would
or might, directly or indirectly, be useful to an enemy, and
information concerning
(a) the number, description, armament, equipment,
disposition, movement or condition of the Antigua
and Barbuda Defence Force or any unit thereof or of
any force co-operation therewith;
(b) any operations or projected operations of the Antigua
and Barbuda Defence Force or any force co-operat-
ing therewith;
(c) any code, cipher, call sign, password or countersign;
(d) any plans for the defence or fortification of any
place;
(e) the number, description or location of any prisoners
of war; and
(f) any munitions of war.
73. Any person who, at the time of his attestation, knowingly
gives a false answer to any question contained in the attestation
paper and put to him by or by the direction of the recruiting
officer is, if the person becomes and remains subject to military
law under this Act, commits an offence and liable on conviction
by court-martial to imprisonment for three (3) months or to any
less punishment provided by this Act.
74. Any person who, being subject to military law under this
Act
(a) makes, signs or makes an entry in, any official
report, return, pay list or certificate or other service
document, being a document or entry that is to his
knowledge false in a material particular;
(b) alters any official report, return, pay list or certificate
or other service document, so that the document or
entry is to his knowledge false in a material particular,
or suppresses, defaces or makes away with any
False answers on
enlistment
False documents.
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document or entry that it is his duty to preserve or
produce; or
(c) with intent to deceive, fails to make an entry in any
document,
commits an offence and is liable on conviction by court-martial
to imprisonment for two (2) years or any less punishment
provided by this Act.
75. Every officer who, being subject to military law under
this Act, behaves in a “scandalous manner” unbecoming the
character of an officer commits an offence and is, liable on
conviction by court-martial, to be cashiered.
76. Where
(a) any officer who, being subject to military law under
this Act strikes or otherwise ill-treates any other
officer of inferior rank or less seniority, or any
soldier who is subject to service law; or
(b) any warrant officer or non-commissioned officer
being subjected to military law under this Act strikes
or other ill-treats any other warrant officer, or non-
commissioned officer, of inferior rank or less se-
niority, or a private soldier,
he commits of an offence and is liable on conviction by court-
martial to imprisonment for two (2) years or any less punish-
ment provided by this Act.
77. Any person who is subject to military law under this Act,
and is found guilty of disgraceful conduct of cruel, indecent or
unnatural kind, is liable on conviction by court-martial, to
imprisonment for two (2) years or any less punishment provided
by this Act.
78. Any person who, being subject to military law under this Act
(a) makes against any officer or soldier who is subject to
service law, an accusation that the person knows to
be false or does not believe to be true; or
(b) makes in a complaint where he thinks himself
wronged, a statement that affects the character of an
Ill-treatment of
officers or men
of inferior rank.
Disgraceful
conduct.
Scandalous
conduct of
officer.
False accusation.
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officer or soldier who is subject to service law, that
the complaint knows to be false or does not believe
to be true, or wilfully suppresses any material facts
in making a complaint,
commits an offence and is liable on conviction by court-martial
to imprisonment for two (2) years or any less punishment
provided by this Act.
79. Any person who, being subject to military law under this
Act, attempts to commit an offence under this Part is liable on
conviction by court-martial to the like punishment as for the full
offence; but where the offence is one punishable by death, he is
not liable to any greater punishment than imprisonment.
80. Any person who, being subject to military law under this
Act, does, or omits to do, any act or thing that is prejudicial to
good order and military discipline commits an offence and is
liable on conviction by court-martial to two (2) years imprison-
ment or any less punishment provided by this Act.
Civil Offences
81. (1) A person commits an offence under this section who,
being subject to military law under this Act, commits a civil
offence, whether in Antigua and Barbuda or elsewhere.
(2) For the purpose of this Act, a civil offence is an offence
punishable by the law of Antigua and Barbuda, or that, if
committed in Antigua and Barbuda, would be punishable by its
law; and the corresponding civil offence is one the commission
of which constitutes an offence under this section.
(3) A person convicted by court-martial of an offence under
this section
(a) is, if the corresponding civil offence is high treason
or murder, liable to suffer death; and
(b) is, in any other case, liable to suffer any punishment
provided by this Act that a civil court may award for
the corresponding civil offence if committed in
Antigua and Barbuda, or such punishment, not
exceeding the maximum punishment that a civil
court may so award, but if a civil court could not
Attempts to
commit military
offences
Conduct to
prejudice of
military
discipline.
Civil offences.
No. 10 of 2006. The Defence Act, 2006. 39 ANTIGUA
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award imprisonment, a person so convicted is liable
to suffer such punishment, less than cashiering in the
case of an officer, or discharge with ignominy in the
case of a soldier, as provided.
(4) Where a person commits an offence under this section in
Antigua and Barbuda and the corresponding civil offence is
high treason, murder, manslaughter, or rape, the person shall
not be charged with an offence under this section.
(5) Where the corresponding civil offence is murder or
manslaughter, an offence against this section shall be deemed,
for the purposes of subsection (4), to have been committed at the
place of the commission or the occurrence of the neglect that
causes the death, irrespective of the place of death.
82. (1) The punishments which may be awarded to an officer
by sentence of a court-martial under this Act are, subject to this
section, those set out in subsection (2); and in relation to an
officer ,a reference in this Act to a punishment provided by this
Act is a reference to such a punishment.
(2) The punishment referred to in subsection (1) are
(a) death;
(b) imprisonment;
(c) cashiering;
(d) dismissal from the Antigua and Barbuda Defence
Force;
(e) a fine of a sum not exceeding the equivalent of 90
days' pay;
(f) severe reprimand or reprimand; and
(g) stoppages, if the offence has occasioned any ex-
pense, loss or damage.
(3) For the purpose of this part, a punishment specified in any
paragraph of subsection (2) shall be treated as less than the
punishment specified in any preceding paragraph of that subsec-
tion and greater than that specified in any ensuing paragraph of
that subsection.
Punishment of
officers.
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(4) Subject to this Act, not more than one punishment may be
awarded by a court-martial for an offence.
(5) Stoppages may be awarded by court-martial in addition to
or without any punishment.
(6) A severe reprimand or reprimand may be awarded by a
court-martial in addition to a fine.
(7) Where an officer is sentenced by a court-martial to
imprisonment, he shall also be sentenced to be cashiered, but if
the court-martial omits to sentence him to be cashiered, the
sentence of imprisonment is not valid but shall be deemed to
include a sentence of cashiering.
83. (1) Subject to this section, a court-martial may sentence
a soldier to
(a) death;
(b) imprisonment;
(c) discharge with ignominy from the Antigua and
Barbuda Defence Force;
(d) dismissal from the Antigua and Barbuda Defence
Force in the case of a warrant officer;
(e) detention for 2 years;
(f) field punishment for a period not exceeding 90
days, if he is on active service on the day of the
sentence;
(g) reduction to the ranks or any less reduction in rank,
in the case of a warrant officer or non-commis-
sioned officer;
(h) a fine of a sum not exceeding the equivalent of 90
days' pay;
(i) forfeiture of service if the offence is desertion;
(j) a severe reprimand, in the case of a warrant officer or
non-commissioned officer; or
Punishment of
soldier.
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(k) stoppages, if the offence has occasioned any ex-
pense, loss or damage.
(2) For the purpose of this Part, a punishment specified in any
paragraph of subsection (1) shall be treated as less than the
punishment specified in any preceding paragraph of that sub-
section, and greater than that specified in any ensuing para-
graph of that subsection; but detention is not a lesser punish-
ment than imprisonment if the term of detention is longer than
the term of imprisonment.
(3) In relation to a soldier, a reference in this Act to a
punishment provided by this Act is a reference to a punishment
specified in subsection (1).
(4) Subject to this Act, not more than one punishment may
be awarded by a court-martial for an offence.
(5) A soldier sentenced by a court-martial to imprisonment
may, in addition to the sentence, be discharged with ignominy
from the Antigua and Barbuda Defence Force, and a warrant
officer sentenced by a court-martial to imprisonment may, in
addition to the sentence, be dismissed from the Antigua and
Barbuda Defence Force.
(6) 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; but if the court-martial omits to sentence him to be so
reduced, the sentence is not invalid but shall be deemed to
include a sentence of reduction to the ranks.
(7) 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 a fine.
(8) Where an offender is on active service when sentence of
a court-martial is announced, a fine may be awarded in addition
to field punishment.
(9) Stoppages may be awarded by a court-martial in addition
to or without any punishment.
(10) Where an offender who has been sentenced by a court-
martial to detention is subsequently sentenced by a court-martial
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to imprisonment, any part of the sentence of detention that has
not yet been served shall be remitted.
(11) Without affecting the validity of any sentence imposed
on him, an offender may not be kept continuously in detention
under this Act for more than two (2) years.
84. Field punishment consist of
(a) such duties or drills, in addition to those the of-
fender might be required to perform if he were not
undergoing punishment;
(b) such loss of privileges as is provided by rules made
under this Part;
(c) confinement in such place and manner as is pro-
vided by rules made under this Part;
(d) such personal restraint as is necessary to prevent the
escape of the offender as is provided by rules made
under this Part.
85. Where in this Act it is provided that any person who is
subject to military law under this Act, is liable on conviction by
court-martial to imprisonment and no term of imprisonment is
specified, then that person is liable to imprisonment for life.
86. (1) A person may be arrested in accordance with this
section who, being subject to military law under this Act,
(a) commits an offence under this Act; or
(b) is alleged to have committed, or is reasonably
suspected of having committed, an offence under
this section.
(2) An officer may be arrested by another officer who is
subject to service law and is of superior rank, but where the officer
to be arrested is engaged in a quarrel or disorderly conduct, he
may be arrested by an officer of any rank.
(3) A soldier may be arrested by an officer, a warrant officer
or non-commissioned officer who is subjected to service law; but
Imprisonment
where no term
specified.
Field Punish-
ment.
Power of arrest.
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a soldier may not be arrested by virtue of this subsection except
by a person of superior rank.
(4) A provost officer, or any officer, warrant officer or non-
commissioned officer who, being subject to service law, is
lawfully exercising authority under a provost officer or on his
behalf, may arrest any officer, warrant officer, non-commis-
sioned officer or soldier; but an officer may not be arrested by
virtue of this subsection except on the order of another officer.
(5) The power of arrest given to any person by this section
may be exercised either personally or by ordering into arrest the
person to be arrested, or by giving orders for that person's arrest.
87. (1) Allegations against any person who, being subject to
military law under this Act, is under arrest shall be duly
investigated without unnecessary delay, and as soon as possible
thereafter proceedings shall be instituted against him, or he
must be released from arrest.
(2) Where any person who, being subject to military law under
this Act, is taken into military custody and is under arrest for a
period exceeding 8 days without a court-martial being convened for
his trial, a special report as to the reasons for any further delay in
convening a court-martial for his trial shall be made by his
commanding officer to the prescribed authority in the prescribed
manner, and a similar report shall be made to the like authority and
in like manner every eighth day thereafter until a court-martial is
convened or the matter is otherwise disposed of ; but if the person
under arrest is on active service, compliance with this subsection
shall be excused in so far as it is not reasonably practicable, having
regard to the exigencies of military operations.
(3) For the purposes of subsection (1), the question as to
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 regards to subsection (2).
Investigation of, and summary dealing with, charges
88. Before an allegation that a person who is subject to military
law under this Act (in this Part referred to as the "accused") has
committed an offence under this Part is proceeded with, the
allegation shall be reported in the form of a charge to the accused's
Investigation of
charges by
commanding
officer
Avoidance of
delay after
arrest.
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commanding officer, and the commanding officer shall investigate
the charge in the prescribed manner.
89. (1) Subject to this Part, after investigation of a charge
against an officer below the rank of lieutenant-colonel or
against a warrant officer, an authority (in this Act referred to as
the "appropriate superior authority") may deal with the charge
summarily.
(2) Subject to this Part, a charge against a non-commissioned
officer or private soldier may, after investigation thereof, be
dealt with summarily by his commanding officer.
(3) Any charge not dealt with summarily shall, after inves-
tigation, be reserved for trial by court-martial.
(4) Notwithstanding subsections (1) to (3), where a com-
manding officer
(a) investigates a charge against an officer or warrant
officer; or
(b) investigates a charge against a non-commissioned
officer or private soldier, that is not a charge that
can be dealt with summarily
the commanding officer may dismiss the charge if he is of the
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 trial and adjudication of the charge by the
appropriate superior authority or the commanding officer of the
accused, as the case may be.
90. (1) This section applies to any case where a commanding
officer has investigated a charge against a non-commissioned
officer or private soldier.
(2) Where
(a) a charge is not one that can be dealt with summarily and
the commanding officer has not dismissed it,; or
(b) a charge is one that can be dealt with summarily and
the commanding officer is of the opinion that it
should not be so dealt with,
Further
proceedings on
charges against
non-
commisioned
officer and
soldier.
Charges to be
dealt with
summarily or by
court-martial.
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the commanding officer shall take the prescribed step to have the
charge tried by court-martial.
(3) Where a commanding officer deals with a charge sum-
marily, and records a finding of guilty against an accused, the
commanding officer may award one or more of the following
punishments
(a) if the accused is a non-commissioned officer
(i) a fine of a sum not exceeding the equivalent
of 28 days' pay,
(ii) a severe reprimand or reprimand,
(iii) stoppages if the offence has occasioned any
expense, loss or damage,
(iv) an admonition;
(b) if the accused is a private soldier
(i) detention for a period not exceeding 42 days
if he is not on active service,
(ii) field punishment for a period not exceeding
42 days if he is on active service,
(iii) a fine of a sum not exceeding the equivalent
of 42 days' pay,
(iv) stoppages, if the offence has occasioned any
expense, loss or damage,
(v) confinement to barracks for a period com-
mencing with the day of the sentence and not
exceeding 28 days
(vi) extra guards or picquets,
(vii) an admonition;
(c) reduction to the ranks or to a lower rank, if the
accused is a Corporal or Lance Corporal and no other
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punishment or no punishment other than stoppages
is awarded; or
(d) if the accused is an acting warrant officer or acting
non-commissioned officer, and no other punish-
ment or no punishment other than stoppages is
awarded
(i) reversion to his permanent rank, or
(ii) assumption of an acting rank lower than that
held by him but higher than his permanent
rank.
(4) Notwithstanding paragraphs (a) and (b) of subsection (3),
where after summary trial a commanding officer finds an
accused guilty and awards a punishment other than severe
reprimand, reprimand, admonition, confinement to barracks,
extra guards or picquets, or where a finding of guilty (whatever
the punishment awarded) involves a forfeiture of pay, the
commanding officer shall not record a finding until after
affording the accused an opportunity of electing to be tried by
court-martial; and if the accused so elects and does not subse-
quently, in the prescribed manner, withdraw his election, the
commanding officer shall not record a finding, but shall take the
prescribed steps to have the charge tried by court-martial.
(5) Where a charge can be dealt with summarily, but the
commanding officer has taken steps to have it tried by court-
martial, any authority superior to the commanding officer to
whom the charge is referred may refer the charge back to the
commanding officer to be dealt with summarily, and on any
such reference subsections (3) and (4) apply; but where the
accused has elected to be tried by court-martial and has not
withdrawn his election, a charge shall not be referred back.
91. (1) A commanding officer, after investigating a charge
against an officer or warrant officer, shall, unless he has dismissed
the charge or the case is one in respect of which he may direct trial
by field court-martial, submit it in the prescribed manner to an
authority superior to himself, and the authority shall decide how
the charge is to be dealt with.
Charges against
officers and
warrant officers
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(2) Where a charge referred to in subsection (1) can be dealt
with summarily, it may be referred to the appropriate superior
authority, and if it is so referred, the prescribed steps shall be
taken to have it tried by court-martial.
(3) Where a charge is referred to the appropriate superior
authority, that authority shall investigate the charge in the
prescribed manner and try the charge; but if in the course of
investigating the charge the authority considers that it is
desirable that the charge be tried by court-martial; the authority
shall have the charge so tried.
(4) Where the appropriate superior authority finds the ac-
cused guilty, it may award one or more of the following
punishments
(a) a fine of a sum not exceeding the equivalent of 56
days' pay;
(b) a severe reprimand or reprimand; or
(c) stoppages, where the offence has occasioned any
expense, loss or damage.
(5) Where the accused is an acting warrant officer or non-
commissioned officer, and the appropriate superior authority
finds him guilty, the appropriate superior authority may, if it
awards no other punishment or no punishment other than
stoppages, order the the accused to be reduced to the ranks or to
lower rank.
(6) Notwithstanding subsection (3), where the appropriate
superior authority on summary trial finds the accused guilty and
awards a fine or stoppages, or where a finding of guilty involves
a forfeiture of pay, the appropriate superior authority shall not
record a finding until after the accused is afforded an opportu-
nity of electing to be tried by court-martial, and if the accused
so elects, the appropriate superior authority shall not record a
finding, but shall have the charge tried by court-martial.
92. (1) Notwithstanding sections 90 and 91, where a charge
(a) has been referred to higher authority for trial by
court-martial; or
Dismissal of
charges referred
to a higher
authority.
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(b) has been submitted to higher authority for determin-
ing how it is to be proceeded with,
that authority may refer the charge back to the commanding
officer of the accused with a direction that it be dismissed, and
the commanding officer shall act accordingly.
(2) The reference back of a charge in pursuance of this
section does not affect the preferring of another charge if the
higher authority directs that another charge be preferred or
the commanding officer thinks that another charge ought to
be preferred.
93. (1) For the purposes of this Act “commanding of-
ficer”, in relation to a person charged with an offence, means
the officer commanding the unit to which the person belongs
or is attached, or if the person belongs or is attached to a part
of a unit that is so separated from the unit to which the part
belongs that the officer commanding the unit cannot effec-
tively exercise his powers as commanding officer over the
part, the officer commanding that part.
(2) Any officer having power to convene ordinary courts-
martial may act as appropriate superior authority in relation to
a person charged with an offence.
(3) Power may be conferred by regulations on officers, or any
class of officers, who by or under the regulations are authorised
to exercise the functions of commanding officer, to delegate
those functions of commanding officer, to delegate those func-
tions in such cases and to such extent as is specified in the
regulations to officers of a class so specified.
94. (1) The charges that may not be dealt with
(a) by a commanding officer;
(b) by an appropriate superior authority; or
(c) summarily by a commanding officer or an appropriate
superior authority except with the permission of a
higher authority,
Limitation on
powers as to the
summary dealing
with charges.
Commanding
officer and
appropriate
superior
authority.
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are such charges as are prescribed; and any charge not so
prescribed, may, upon obtaining permission, be dealt with sum-
marily by a commanding officer or an appropriate superior author-
ity, as the case may be.
(2) Any charge not prescribed pursuant to subsection (1) and
any charge that may, with such permission as is referred to in
that subsection, be dealth with summarily by a commanding
officer or appropriate superior authority, as the case may be,
may be so summarily dealt with.
(3) The powers of a commanding officer or appropriate
superior authority to award punishment are subject to such
limitations as are prescribed.
Court-martial: general provisions
95. Subject to this Act, an ordinary court-martial may try any
person who is subject to military law under this Act, for any
offence triable under this Act by court-martial, and may award
for any such offence any punishment authorised by this Act for
that offence.
96. (1) Where an officer commanding a body of troops that
is on active service
(a) is an officer to whom, under section 91(1), a charge
has been submitted for determining how it is to be
dealt with; or
(b) is the accused's commanding officer who has inves-
tigated a charge that cannot be dealt with sum-
marily or that in his opinion ought not to be dealt
with summarily; or
(c) is the accused's commanding officer or the appro-
priate superior authority who has investigated a
charge on which the accused has elected to be tried
by court-martial,
and is of the opinion that it is not possible without serious
detriment to the public interest that the charge should be tried by
an ordinary court-martial, the officer may, whether or not he is
authorised to convene ordinary courts-martial, direct that the
charge be tried by a field court-martial.
Trial by, and
powers of,
ordinary court-
martial.
Trial by, and
powers of, field
court-martial.
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(2) A field court-martial has the powers of an ordinary court-
martial, except that where a field court-martial consists of less
than three (3) officers the sentence may not exceed two (2) years.
97. (1) An ordinary court-martial may be convened by the
Chief of Defence Staff, or by any officer authorised by the
Defence Board to convene ordinary courts-martial.
(2) A field court-martial may be convened by the officer who
directed that the charge be tried by field court-martial.
(3) An unauthorisation under this section to convene an
ordinary court-martial
(a) may be made subject to restrictions, reservations
exceptions or conditions; or
(b) may be addressed to an officer by name or by the
designation of his office.
98. (1) An ordinary court-martial shall consist of 3 officers, one
of whom shall be the president; but shall consist of five (5)
members
(a) if an officer is to be tried; or
(b) if the only punishment or the maximum punish-
ment that can be awarded in respect of the charge
before the court is death.
(2) Subject to this section, an officer may not be appointed to
be a member of an ordinary court-martial unless
(a) he is a member of a Commonwealth Force; and
(b) he has been an officer in a Commonwealth Force for
a period of not less than 2 years or for a period
amounting in the aggregate to not less than 2 years
(3) Two or more members of an ordinary court-martial must be
of the rank of captain or higher.
(4) The president of an ordinary court-martial shall be
appointed by order of the convening officer, and must not be
Officers who
may convene
courts-martial.
Constitution of
ordinary court-
martial.
No. 10 of 2006. The Defence Act, 2006. 51 ANTIGUA
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below the rank of field officer, unless in the opinion of the
convening officer, a suitably qualified field officer is not available
having regard to the exigencies of the service; and in any event
the president of an ordinary court-martial must not be of a lower
rank than that of captain.
(5) The members of an ordinary court-martial, other than the
president, shall be appointed by order of the convening officer
or in such other manner as may be prescribed.
(6) An officer below the rank of captain may not be a member
of an ordinary court-martial for the trial of an officer above the
rank of captain.
99. (1) A field court-martial shall consist of three (3) officers
of whom one shall be the president, or, if the convening officer
is of the opinion that three (3) suitably qualified officers are not
available having regard to the exigencies of the service, 2 officers
of whom one shall be the president.
(2) The members of a field court-martial must be officers in
a Commonwealth Force.
(3) The president of a field court-martial shall be an officer
appointed by the convening officer and must not be below the
rank of captain.
(4) The members of a field court-martial, other than the
president, shall be appointed by order of the convening officer
or such other manner as may be prescribed.
100. (1) The officer who convenes a court-martial may not be a
member of that court-martial; but if, in the case of a field court-martial,
it is not practicable, in his opinion, 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 an
accused was charged with an offence and the date of the trial
(a) has been the commanding officer of the accused;
(b) has investigated the charge against the accused; or
(c) under service law, has held, or has been one of the
persons who held, an enquiry into matters relating to
the subject-matter of the charge against the accused,
Supplementary
provisions.
Constitution of
field court-
martial.
The Defence Act, 2006. No. 10 of 2006.ANTIGUA
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52
may not sit as a member of an ordinary court-martial or act as Judge
Advocate at such a court-martial.
(3) If a court-martial is required to be convened at any place
where in the opinion of the convening officer the necessary
number of suitably qualified officers of the Antigua and Barbuda
Defence Force is not available having regard to the exigencies
of the service, the convening officer may, with the consent of the
proper authority of a Commonwealth country, appoint any
officer of that country's military, naval or air forces to be
president of the court in lieu of an officer of the Antigua and
Barbuda Defence Force, or to be a member of the court in lieu
of, or in addition to, an officer of the Antigua and Barbuda Defence
Force; but no officer of the military, naval or air forces of a Common-
wealth country shall be the president or a member of a court-martial
unless he satifies the requirement of section 98(2).
(4) Where the officer convening a court-martial
(a) appoints a captain as president of an ordinary court-
martial because the officer convening that court-
martial is of the opinion, having regard to the
exigencies of the service, that a field officer having
suitable qualification is not available;
(b) directs that the accused be tried by a field court-
martial because the officer is of the opinion, having
regard to the exigencies of the service, that it is not
possible for the accused to be tried by an ordinary
court-martial;
(c) appoints two (2) officers only to be a field court-
martial because he is of the opinion, having regard
to the exigencies of the service, that three (3)
officers having suitable qualifications are not avail-
able;
(d) appoints himself as president of a field court-martial
because he is of the opinion that, it is not practicable
to appoint another officer to be president; or
(e) appoints an officer as president or other member to any
court-martial because he is of the opinion, having
regard to the exigencies of the service that the neces-
sary number of military officers having suitable qualifi-
cations is not available to form the court,
No. 10 of 2006. The Defence Act, 2006. 53 ANTIGUA
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the order convening the court-martial must contain a statement
of that opinion, and that statement is conclusive.
101. (1) Subject to this section, a court-martial shall sit at
such place, within or outside Antigua and Barbuda, as is
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
(a) shall adjourn to another place if the convening
officer so directs;
(b) may, without any such direction, adjourn to another
place if it appears to the court that the interests of
justice so require.
Courts-martial: Provisions relating to trial
102. (1) An accused is entitled to object, on any reasonable
ground, to any member of the court, whether appointed origi-
nally or in lieu of another member.
(2) For the purposes of enabling the accused to avail himself
of the right conferred by subsection (1), the names of the
members of the court shall be read aloud in the presence of the
accused before they are sworn, and he shall be asked whether he
objects to any of those members.
(3) An objection made by an accused to a member of a court-
martial shall be considered by the other members.
(4) If an accused objects to the president, and not less than
one- third of the other members of the court allow the objection,
the court shall adjourn and the convening officer shall appoint
another person as president.
(5) If an accused objects to a member of the court, other than
the president, and not less than one-half of the other members
allow the objection, the member objected to shall retire; and
the vacancy may, and, if the number of members would be
reduced below the legal minimum, shall, be filled in the prescribed
manner.
Place for siting of
court-martial.
Challenges by
accused.
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103. (1) An oath shall be administered to
(a) every member of a court-martial;
(b) any person in attendance on a court-martial;
(c) the Judge Advocate and officers under instruction;
(d) the short-hand writers; and
(e) the interpreters.
(2) Every witness before a court-martial shall be examined
on oath, but where any child of tender years who is called as a
witness does not, in the opinion of the court understand the
nature of an oath, the child's evidence may be recieved, though
not given on oath, if in the opinion of the court the child
understands the duty of speaking the truth and is sufficiently
intelligent to justify the reception of his evidence; but where the
evidence of a child is given on behalf of the prosecution, the
accused may not be convicted upon such evidence alone unless
it is corroborated by some other material evidence in support
thereof that implicates the accused.
(3) An oath required by this section shall be administered in
the form and manner, and at the time and by the person,
prescribed.
104. (1) Subject to this section, a court-martial shall sit in
open court and in the presence of the accused.
(2) Nothing in subsection (1) affects the power of a court-
martial to sit in camera if it is necessary or expedient in the
interest of the administration of justice to do so; and a court-
martial may order that, subject to any exceptions the court
specifies, the public 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 might otherwise lead to the disclosure of any
information that would or might be directly or indirectly useful
to an enemy.
(3) A court-martial shall sit in camera while deliberating on its
finding or sentence.
Court-martial to
sit in open
court.
Administration
of oaths
No. 10 of 2006. The Defence Act, 2006. 55 ANTIGUA
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(4) A court-martial may sit in camera on any other deliberation
by the members.
(5) Where a court-martial sits in camera no person shall be
present except the members of the court and such other persons
as are prescribed.
105. (1) Where, whether before or after the commencement
of a trial, it appears to the convening officer to be necessary or
expedient in the interests of justice that a court-martial be
dissolved, the convening officer may by order dissolve the
court-martial.
(2) If, after the commencement of a 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, the court-martial
shall be dissolved.
(3) If, after the commencement of a trial, the president of a
court-martial dies or is otherwise unable to attend, but the court
is not reduced below the legal minimum, then, if the senior
member of the court is of the rank of captain or corresponding
rank or of a higher rank, the convening officer may appoint the
senior member as president and the trial shall proceed accord-
ingly; but if the senior member is not of that rank, the court shall
be dissolved.
(4) 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 this section, the
accused may be tried by another court-martial.
106. (1) Subject to this section, every question to be deter-
mined on a trial by court-martial shall be determined by a majority
of the votes of the members of the court; and in the case of an
equality of votes the accused shall be acquitted.
(2) Where the only punishment that the court can award is
death, a finding of guilty shall not take effect unless it is unani-
mous; and where such a finding is reached by a majority of the
Dissolution of
court-martial.
Decision of
court-martial.
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56
members, the court shall be dissolved and the accused may be
tried by another court.
(3) Where the accused is found guilty and the court has power
to sentence him either to death or to some less punishment,
sentence of death shall not be passed without the concurrence
of all members of the court.
(4) In the case of an equality of votes on sentence or on any
question arising after the commencement of a trial, except the
finding, the president has a second or casting vote.
107. (1) The finding of a court-martial on each charge shall
be announced in open court.
(2) A finding of guilty is, and shall be announced as being,
subject to confirmation.
(3) A sentence of a court-martial, together with any recom-
mendation to mercy, shall be announced in open court; and a
sentence of a court-martial is, and shall be announced as being,
subject to confirmation.
108. (1) Where, upon trial of a person charged before a court-
martial with an offence under this Act, it appears from the
evidence that the offence was not committed under circum-
stances involving a higher degree of punishment, he may be
convicted of the offence as having been committed under
circumstances involving a lesser degree of punishment.
(2) Upon the trial of a person by court-martial
(a) if he is charged with an offence, he may be con-
victed of attempting to commit that offence; or
(b) if he is charged with attempting to commit an
offence, he may be convicted on that charge notwith-
standing that it is proved that he actually committed
the full offence.
(3) Upon the trial of a person by a court-martial under
section 81
(a) for attempting to commit a civil offence, he may be
convicted on that charge notwithstanding that it is
proved that he actually commited full offence; or
Power to
convict of
offence other
than that
charged.
Finding and
sentence
No. 10 of 2006. The Defence Act, 2006. 57 ANTIGUA
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(b) if he is charged with an offence under that section,
and the corresponding civil offence is one for which,
if he had been tried by a civil court for committing the
offence in Antigua and Barbuda, he might have been
found guilty of another civil offence, then, he may be
convicted of an offence under that section in respect
of the commission of that other civil offence if the
court finds that he has committed that other civil
offence.
(4) A person charged before a court-martial with an offence
specified in the first column of the Second Schedule may be
found guilty of an offence specified in relation thereto in the
second column of that Schedule.
109. (1) Subject to this Act, the rules of evidence to be
observed in proceedings before courts-martial are the rules of
evidence observed in civil courts in Antigua and Barbuda, and
no person may be required in proceedings before a court-martial
to answer any question or to produce any document that he could
not be required to answer or produce in similar proceedings
before a civil court in Antigua and Barbuda.
(2) Notwithstanding subsection (1), a statutory declaration
is, in a trial by court-martial, admissible as evidence of the facts
stated in the declaration where, and to the extent to which, oral
evidence to the like effect would be admissible in that trial; but
a statutory declaration is not admissible in evidence in any such
trial on behalf of the prosecution or the defence
(a) in the case of a declaration on behalf of the prosecu-
tion, unless a copy of the declaration has, not less
than seven (7) days before the commencement of
the trial, been served on the accused;
(b) in the case of a declaration on behalf of the defence,
unless a copy of the declaration has, not less than
seven (7) days before the commencement of the trial,
been served on the commanding officer of the ac-
cused, or the commanding officer of the accused has
given his consent in writing to its admission;
(c) in any case, if, not later than three (3) days before
the commencement of the trial or within such further
Rules of
evidence.
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58
time as the court-martial in special circumstances
allows, the accused serves a notice on his command-
ing officer, or, as the case may be, the commanding
officer serves a notice on the accused, requiring that
oral evidence be given in lieu of the declaration; or
(d) in any case, if the court-martial is of opinion that it
is desirable in the interests of justice that oral
evidence be given in lieu of the declaration and
declares that it is of that opinion.
(3) A court-martial shall take judicial notice of all matters of
notoriety, including all matters within the general service knowl-
edge of the court, and all other matters of which judicial notice
would be taken in a civil court in Antigua and Barbuda.
110. A witness before a court-martial or any other person
whose duty it is to attend on or before the court is entitled to the
same immunities and privileges as a witness before the Supreme
Court.
111. (1) Where in Antigua and Barbuda any person, other than
a person who is subject to military law under this Act,
(a) who having been summoned to attend as a witness
before a court-martial fails to comply with the
summons;
(b) refuses to take an oath when duly required by a
court-martial to do so;
(c) refuses to produce any document in his custody or
under his control that a court-martial has lawfully
required him to produce;
(d) refuses to answer any question that a court-martial
has lawfully required him to answer;
(e) wilfully insults any person who is a member of a
court-martial, a witness or any other person whose
duty it is to attend on or before the court while that
person is acting as member thereof or is so attending,
or wilfully insults any such person while that person
is going to or returning from court;
Privileges of
witnesses and
others at court-
martial.
Offences by
civilians in
relation to court-
martial.
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(f) wilfully interrupts the proceedings of a court-martial
or otherwise misbehaves before the court; or
(g) does any other thing which would, if the court-
martial had been a court of law having power to
commit for contempt, constitute contempt of that
court,
the president of the court-martial may certify the offence of that
person under his hand to the Supreme Court.
(2) The Supreme Court may inquire into an offence certified
under subsection (1), and after hearing any witnesses produced
against or on behalf of the person charged with the offence, and,
after hearing any statement offered in defence, punish that
person in like manner as if he had been guilty of contempt of the
Supreme Court.
(3) For the purposes of this section "court-martial" means a
court held under service law.
112. (1) Where
(a) a person required by virtue of this Act to take an
oath for the purposes of proceedings before a court-
martial objects to being sworn and states as the
ground of his objection either that he has no reli-
gious belief or that his taking of an oath is contrary
to his religious belief; or
(b) it is not reasonably praticable to administer an oath
to that person in the manner appropriate to his
religious belief,
he shall be required to make a solemn affirmation in the prescribed
form instead of taking an oath.
Confirmation, revision and review of proceedings
of court-martial
113. (1) Where a court-martial finds the accused guilty of any
charge, the record of the proceedings of the court-martial shall be
transmitted to a confirming authority for confirmation of the
finding and sentence of the court on that charge.
Affirmation.
Confirmation of
proceedings of
court-martial.
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(2) A finding of guilty or a sentence of a court-martial shall not
be treated as a finding or sentence of the court-martial until
confirmed; but this subsection does not affect the keeping of the
accused in custody pending confirmation, or the operation of
this section and section 109, or the provisions of this Act as to
confirmation or approval.
114. At any time after a court-martial has sentenced an
accused, but not later than the prescribed time after confirma-
tion, the accused may in the prescribed manner present a
petition against the finding or sentence, or both.
115. (1) A confirming authority may direct a court-martial
to revise any finding of guilty reached by the court-martial in
any case where it appears to the confirming authority.
(a) that the finding was against the weight of evi-
dence; or
(b) that some question of law determined at the trial
and relevant to the finding was wrongly determined.
(2) A direction referred to in subsection (1) shall be accom-
panied by an order for the reconvening of the court, and shall
contain a statement of the reasons for the direction.
(3) On the revision of a finding, the court shall reconsider the
finding, and, unless the court adheres thereto, may substitute
therefor a finding of not guilty or any other finding that the court
could originally have reached at the trial, and may vary the
sentence.
(4) On a revision referred to in subsection (1) the court may
not receive further evidence.
(5) Where on any revision referred to in subsection (1) the
court upholds the finding, substitutes therefor a finding of
guilty of a different offence or of the same offence as having been
committed in different circumstances, the court may substitute a
different sentence for the original sentence; but the court has no
power to substitute a sentence of the punishment greater than the
punishment or the greatest of the punishments awarded by the
original sentence, or to substitute a sentence that in the opinion of
the court is more severe than the original sentence.
Petition against
findings or
sentence.
Revision of
findings of
court-martial.
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(6) The confirming authority has no power to direct
(a) the revision of a substituted finding reached by the
court on a previous direction of the confirming
authority; or
(b) the revision of the original finding if adhered to by
the court on such a previous direction.
(7) Subject to this section, this Act applies to proceedings of
a court-martial on a revision as it applies to 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; but the decision of a court on the
revision of a finding is not required to be announced in open
court.
116. (1) Subject to section 114 and this section, a confirming
authority shall deal with the finding or sentence of a court-
martial
(a) by withholding confirmation, if the authority is of
the opinion that the finding of the court
(i) is unreasonable or cannot be supported hav-
ing regard to the evidence, or
(ii) involves a wrong decision on a question of
law, or constitutes a miscarriage of justice; or
(b) by confirming the finding and sentence, or refer-
ring the finding, or sentence, or both, for confirma-
tion to a higher confirming authority.
(2) In lieu of withholding confirmation of the finding of a court-
martial, a confirming authority may
(a) if some other finding of guilty could have been
validly made by the court-martial on the charge
before it; and
(b) if he is of the opinion that the court-martial must
have been satisfied of the facts necessary to justify
such other finding,
Power of
confirming
authorities.
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62
substitute that other finding, and, if he does so, he shall consider
in what manner, if at all, the powers offered by subsection (4)
are to be exercised.
(3) Where it appears to a confirming authority that a sen-
tence of a court-martial is invalid, he may, in lieu of withhold-
ing confirmation of the sentence, substitute therefor a sentence
of any punishment that could have been awarded by the court-
martial, if it is not greater than the punishment or the greatest
punishment, as the case may be, awarded by the court and not
in his opinion more severe than that punishment.
(4) In confirming the sentence of a court-martial, the con-
firming authority 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) A finding or sentence substituted by the confirming
authority, or any sentence having effect after the confirming
authority has remitted or commuted punishment, shall be
treated for all purposes as a finding or sentence of the court-
martial duly confirmed.
(6) The confirmation of a finding or sentence shall be
deemed not to be completed until the finding or sentence has
been promulgated; and in the event of any substitution, remis-
sion or commutation referred to in this section, the finding or
sentence shall be promulgated as it has effect after the substitu-
tion, remission or commutation.
(7) Where the confirming authority decides to withhold con-
firmation, that decision shall be promulgated, and has effect as
from the promulgation thereof.
117. (1) The following may confirm the finding and sentence
of any court-martial
(a) the officer who convened the court-martial, or any
officer superior in command to that officer;
Confirming
authorities.
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(b) the successor of any officer or superior officer re-
ferred to in paragraph (a), or any person exercising
the functions of any such officer or superior officer;
or
(c) in the absence of an officer referred to in paragraph
(a) or (b)
(i) any officer appointed by the Defence Board to
act as confirming authority, whether for the
particular case or for a specified class of
cases,
(ii) the Defence Board.
(2) The following persons may not confirm the finding or
sentence of a court-martial
(a) an officer who was a member of the court-martial;
(b) any person who, investigated the allegations against
him or who is the commanding officer of the
accused; or
(c) any person who, as appropriate superior authority,
investigated the allegations against the accused.
(3) Notwithstanding subsection (2), a person referred to in
that subsection may act as confirming authority for a field court-
martial, if otherwise competent to do so, when he is of the
opinion that it is not practicable, having due regard to the
exigencies of the service, to delay the case for the purpose of
referring it to another confirming authority.
(4) An authorisation empowering the convening of an ordi-
nary court-martial may reserve for confirmation by a superior
authority findings or sentences, or both, in such circumstances
as may be specified by, or under, the authorisation, and the
powers conferred by subsection (1) are exercisable subject to any
such reservation.
118. A sentence of death shall not be carried into effect
unless it has been approved by the Governor-General acting on
the recommendation of the Advisory Committee established
under section 85 of the Constitution.
Approval of
sentence of
death by
Governor-
General.
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119. (1) A finding or sentence that 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 pre-
sented under section 114 against the finding or sentence, then,
the finding or sentence shall be reviewed as soon as possible
after the presentation of the petition and after consideration of
the matter alleged therein.
(2) The reviewing authorities for the purposes of this Act are
(a) the Governor-General acting on the recommenda-
tion of the Advisory Committee,;
(b) the Defence Board or any officer to whom the
powers of the Defence Board as reviewing authority
are delegated by regulations; or
(c) any officer superior in command to the confirming
officer.
(3) Subsection (1) does not apply where an appeal or an
application for leave to appeal is received by the Registrar of the
Supreme Court under Part VI.
(4) On a review under this section, the reviewing author-
ity 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, quash the sentence;
(b) in so far as the review is of a sentence, quash the
sentence; or
(c) in any case, exercise the like powers of substituting
findings, substituting valid for invalid sentences,
and remitting or commuting punishment as are
conferred on a confirming authority by section
116(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 sentence of the court duly
confirmed.
Review of
findings and
sentences of
court-martial.
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(5) Where a reviewing authority exercises any of the powers
conferred by subsection (4), the decision of the authority shall be
promulgated, and has effect as from the promulgation thereof.
120. (1) A sentence of imprisonment or detention passed by
a court-martial may be reconsidered by the Chief of Defence Staff
or by an officer, not being below the rank of Lieutenant Colonel
or corresponding rank, appointed by the Defence Board, and if
on any such reconsideration it appears that the conduct of the
offender since his conviction has been such as to justify remis-
sion of the sentence, whether in whole or in part, the sentence may
be remitted accordingly.
(2) The power to reconsider a sentence may be exercised at
any time after confirmation, and, if after any review a sentence
remains effective, it shall be reconsidered at intervals of 6
months; but delay in complying with this subsection does not
invalidate the sentence.
Review of Summary Findings and Awards
121. (1) Where a charge is dealt with summarily and it is not
dismissed, the finding or award may be reviewed by
(a) the Defence Board; or
(b) any officer superior in command to the officer who
dealt summarily with the charge.
(2) The authority reviewing a finding of a summary trial may
quash the finding if it appears to the authority that there has been
an error of law in the proceedings on the summary trial that
involved a substantial miscarriage of justice.
(3) Where a finding on any proceedings is quashed under
subsection (2) and the award made in the proceedings relates
only to that finding, the authority shall also quash the award, and
if the award relates also to any other finding and it appears to the
authority that the award was not warranted by this Act in respect
of that other finding, the authority may vary the award by
substituting, as the authority thinks proper, a punishment that
could have been included in the original award in relation to that
other finding and that is not, in the opinion of the authority, more
severe than the punishment included in the original award.
Reconsideration
of sentences.
Review of
summary
findings and
awards.
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(4) Where on a review under this section it appears to the
authority that a punishment awarded was invalid or too severe,
or, where the award included two (2) or more punishments, that
those punishments or some of them could not validly have been
awarded in combination, or are, taken together, too severe, the
authority may vary the award by substituting, as the authority
thinks proper, a punishment that could have been included in
the original award and that is not, in the opinion of the
authority, more severe than the punishment included in the
original award.
Findings of insanity, etc.
122. (1) Where on the trial of a person by court-martial it
appears to the court that the person is by reason of insanity unfit
to stand trial, the court shall so find; and, if the finding is
confirmed in accordance with this section, the accused shall be
kept in custody in the prescribed manner until the directions of
the Governor-General are known or until the accused is fit to
stand trial, whichever is sooner.
(2) Where on the trial of a person by court-martial it appears
to the court that the evidence is such as, apart from any question
of insanity, would support a finding that the accused was guilty
of an offence, but that at the time he committed the offence he
was insane, the court shall find that the accused was guilty of
that offence but was insane at the time, and shall sentence him
to be kept in custody in the prescribed manner until the
directions of the Governor-General are known.
(3) In the case of a finding of insanity under subsection (1) or
(2), the Governor-General may give directions for the safe cus-
tody of the accused during the Governor-General's pleasure in
such place and in such manner as he thinks fit.
(4) A finding under subsection (1) shall not be acted upon until
(a) it is confirmed by an authority who may confirm a
finding of guilty arrived at by the court-martial in
question; and
(b) it is promulgated.
(5) Where a court-martial or confirming authority, as the case
may be, arrives at or substitutes a finding of guilty but insane, the
Where accused
found insane.
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confirming authority, or, as the case may be, reviewing authority,
has no power to substitute for that finding a finding of guilty,
except that the provisions of this Act as to revision, confirmation
and review, and, in particular, the provisions of this Act that
confer power to substitute for any finding any other finding that
could have been arrived at by the court-martial in question, apply
in relation to such finding as are provided for by subsection (2),
as those provisions apply in relation to other findings of guilty.
Commencement, suspension and duration of sentence
123. A military sentence of imprisonment or detention, or a
sentence of field punishment, begins, subject to section 146(5),
to run from the day on which the sentence was originally
pronounced by the court-martial, or, as the case may be, was
originally awarded by his commanding officer.
124.(1) Where any person serving a military sentence of
imprisonment or detention is unlawfully at large during the
currency of the sentence, then, in calculating the period for
which he is liable to be imprisoned in persuance of the sentence,
no account shall be taken of the period during which he was
unlawfully at large; but if he satisfies the prescribed authority
that during the period for which he was unlawfully at large he
was, otherwise than for an offence committed by him while he
was unlawfully at large
(a) in the custody of a civil authority; or
(b) in the custody of any military, naval or air force
authority of any country or territory outside Antigua
and Barbuda pursuant to regulations made under
section 142,
the period during which he was unlawfully at large shall be
counted in calculating the period for which he is liable to be
imprisoned or detained in persuance of the military sentence.
(2) In subsection (1), “civil authority” means a civil author-
ity, whether of Antigua and Barbuda, or of any country or
Territory beside Antigua and Barbuda authorised by law to
detain persons, and includes a constable.
(3) Where any person serving a military sentence of imprison-
ment or detention is, in accordance with the regulations referred
Commencement
of sentence.
Sentence of
imprisonment or
detention.
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to in subsection (1), temporarily released on compassionate
grounds, then, in calculating the period for which he is liable to
be imprisoned or detained in persuance of the sentence, no
account shall be taken of any period during which he was so
released.
(4) A person released pursuant to subsection (3) or otherwise
allowed out of military 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 subsection (1) as being unlawfully at large.
(5) A person serving a military sentence of imprisonment or
detention in civil custody who, after being temporarily released
under civil law, is at large at any time during the period for
which he is liable to be detained in civil custody in pursuance
of his sentence shall be deemed to be unlawfully at large if the
period for which he was temporarily released has expired, or if
an order recalling him has been made in pursuance of civil law.
(6) A reference in subsection (5) to release or recall under
civil law is a reference to a release or recall under the law of the
country or territory in which a person is serving his sentence.
125. A person shall not be required to serve any part of a
military sentence of detention but in such cases, and subject to
such conditions as specified in regulations made under section
142, a person serving such a sentence may be temporarily
detained in a military or civil prison for a period not exceeding 7
days.
126. A person sentenced to death or imprisonment and
committed or transferred to a civil prison in pursuance of regula-
tions made under this Part shall, while in that prison, be confined
and otherwise dealt with in the same manner as a person confined
therein under a like sentence of a civil court.
127. The Minister may make arrangements with the authorities
of any country or territory outside Antigua and Barbuda whereby
sentence of death passed by courts-martial may, in accordance
with regulations made under this Part, be carried out in establish-
ments under the control of those authorities and the Military
sentences of imprisonment or detention may, in accordance with
regulations made under section 142, be served wholly or partly
in such establishments.
Restriction on
serving of sen-
tence of deten-
tion in prison.
Confinement in
civil prison.
Special
provisions
respecting
sentences
outside Antigua
and Barbuda.
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128. (1) A person who is serving a military sentence of
imprisonment or detention in Antigua and Barbuda may, in so far
as specified by regulations made under section 142, be taken out
of Antigua and Barbuda to any place where the unit or any part
thereof to which he belongs is serving or is under orders to serve,
but not to any other place.
(2) Subject to subsections (3) to (6), a person sentenced under
this Act by a court-martial held outside Antigua and Barbuda to
imprisonment or detention for more than 12 months shall, as
soon as practicable after the confirmation of the sentence, be
brought to Antigua and Barbuda.
(3) Where a person is sentenced under this Act by a court-
martial held outside Antigua and Barbuda to imprisonment or
detention for more than twelve (12) months, the confirming or
reviewing authority may direct that the person shall not be
required to be brought to Antigua and Barbuda until he has
served such part of his sentence as is specified in the direction,
not exceeding two (2) years in the case of a sentence of more
than two (2) years imprisonment; and in determining whether
or not to exercise the powers conferred by this subsection, a
confirming or reviewing authority shall have regard to any
recommendation in that behalf made by the court-martial.
(4) A direction given by a confirming authority under this
section may
(a) be revoked by the confirming authority or by a
reviewing authority; or
(b) be superseded by another direction of the confirming
authority or a reviewing authority, that any such
authority could have given under subsection (3),
and any direction given by a reviewing authority under this
section may at any time be revoked or suspended by the review-
ing authority.
(5) A direction given under this section, and the revocation
of such direction, shall be promulgated.
(6) In ascertaining for the purpose of this section the nature
or length of a sentence, regard shall be had to any communica-
tion or remission of the sentence previously directed.
Country in
which sentence
of imprisonment
or detention
may be served.
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129. (1) The superintendent or other person in charge of a
prison, other than a military prison, shall, in so far as regula-
tions made under this Part provide, receive any person duly sent
to that prison and confine him until the sentence expires, or the
prisoner is discharged or delivered over to another authority in
due course of law.
(2) Where a person is in military custody in pursuance of a
military sentence of imprisonment or detention, then, on receipt
of a written order in that behalf purporting to be signed by that
person's commanding officer, the superintendent referred to in
subsection (1), or the officer in charge of a police station, or any
other person in charge of any other place in which prisoners may
be lawfully confined, shall keep that person in custody for a period
not exceeding 7 days unless that person is sooner discharged or
delivered over to another authority in due course of law.
Trial of persons ceasing to be subject to military law
under this Act
130. (1) Subject to section 131, where an offence triable by
court-martial under this Act has been committed, or is reason-
ably suspected of having been committed, by any person who
was subject to military law under this Act at the time the offence
was committed but has since ceased to be so subject, 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 charges, trial and punishment by court-martial,
including confirmation, review, and reconsideration, and execu-
tion of sentences, as being subject to military law under this Act,
notwithstanding his ceasing at any time to be subject thereto.
(2) Where a person in military custody by virtue of this section,
whether before, during or after trial, commits or is reasonably
suspected of having committed an offence that, if he were subject
to military law under this Act would be an offence under this Act
triable by court-martial, then, in relation to that offence or sus-
pected offence, he shall be treated, for the purposes of section 131
and the provisions of this Act relating to summary trial, as having
been subject to military law under this Act when the offence was
committed or is suspected of having been committed.
(3) Where by virtue of subsection (1) or (2) a person is treated
as being subject to military law under this Act for the purpose
of any provision of this Act, that provision applies to him
Duty of officers
in charge of
prisons to
receive
prisoners.
Trial and
punishment of
offences where
offender cease
to be subject to
this Act.
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(a) if he holds any military rank, as it applies to any other
person holding that rank;
(b) if he holds no military rank, as it applies to any other
person who holds the rank he held when he was
subject to military law under this Act,
but as respects any time after he is sentenced for an offence and
the sentence is confirmed, that provision applies to him, in any
case, as it applies to a private soldier.
(4) Where apart from this subsection any provision of this
Act would, under subsection (3), apply to a person in relation to
different offences as it applies to a person holding different
ranks, it applies to him as it applies to a person holding the lower
or lowest of those ranks.
131. (1) Subject to this section, no person shall be tried by a
court-martial for any offence, other than one against section 45
or 46, or for desertion, unless the trial commences within three
(3) years after the commission of the offence; but any period
during which that person was a prisoner of war and any time
during which he was illegally absent shall be disregarded.
(2) Subject to subsection (3), a person may be tried by a court-
martial for a civil offence committed outside Antigua and
Barbuda not withstanding that it was committed more than three
(3) years before the commencement of the trial if the Minister
responsible for Defence consents to trial.
(3) Where in the case of an offence against section 81 proceed-
ings for the corresponding civil offence is by virtue of any
enactment to be brought within a limited time, that limited time
applies to the trial of the offence under that section.
(4) Where a person who committed the 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 (3) years without a trial
being held, he shall not be tried for that offence.
(5) Notwithstanding section 130 (1), no person may be tried by
a court-martial unless
(a) the trial commences within three (3) months after he
ceases to be subject to military law under this Act; or
Limitation of
time for trial of
offences under
this Act.
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(b) the trial is for a civil offence committed outside
Antigua and Barbuda and the Minister for Defence
consents to the trial.
(6) Subsection (5) does not apply to an offence against
section 43 or 45, or to desertion.
(7) After he ceases to be triable for an offence, no person shall
be arrested or kept in custody by virtue of section 130 (1) for that
offence.
Relations between military and civil courts
and finality of trials
132. (1) Subject to section 154, nothing in this Act restricts
(a) the offences for which persons may be tried by any
civil court; or
(b) the jurisdiction of any civil court to try a person who
is subject to military law under this Act for any
offence.
(2) Where a person is tried by a civil court for any offence, and
(a) he has previously been sentenced by a court-
martial held under service law to punishment for
any act consisting, whether wholly or in part, that
offence; or
(b) he has been punished for any act referred to in
paragraph (a) by his commanding officer or an
appropriate superior authority in persuance of this
Act,
the civil court shall, in awarding punishment, have regard to the
punishment previously awarded.
133. (1) Where a person who is subject to military law under
this Act
(a) has been tried for an offence by a competent civil
court or by a court-martial under service law;
(b) has been charged with an offence under service law,
and has had the charge dismissed, or has been found
Powers of civil
court.
Persons not to
be tried under
this Act for
offences already
disposed of.
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guilty of the charge by his commanding officer or an
appropriate superior authority; or
(c) has had an offence condoned by his commanding
officer,
he is not 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 an appropriate superior authority.
(2) For the purposes of this section
(a) a person shall be deemed not to have been tried by
a court-martial if confirmation of a finding by the
court-martial that he is guilty of the offence is
withheld;
(b) a case shall be deemed to have been dealt with
summarily by the commanding officer or an appro-
priate 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;
(c) an offence shall be deemed to have been condoned
by the commanding officer of a person alleged to
have committed an offence 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;
(d) a person ordered under section 69 (2) or the corre-
sponding provisions of any service law to be impris-
oned or to undergo detention for an offence against
that section or provision, as the case may be, shall be
deemed to have been tried by court-martial for the
offence.
(3) Subject to section 147 (2), where confirmation of a finding
of guilty of an offence is withheld, the accused shall not be tried
again by court-martial for that offence unless the order convening
the latter court-martial is issued not later than 28 days after the
promulgation of the decision to withhold confirmation.
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(4) Except as provided in this section, 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
134. (1) Subject to, and in accordance with, rules made under
section 143, the Defence Board or any officer authorised by the
rules, may convene a board of inquiry to investigate and report on
(a) the absence of any person who is subject to military
law under this Act;
(b) the capture of any such person by the enemy;
(c) the death of any person where an inquiry into the
death is not required to be held by any civil author-
ity; or
(d) any other matter of a class specified in the rules or
referred to such a board by the Defence Board or any
such officer,
and the board of inquiry shall, if directed to do so, express its
opinion on any question arising out of any matters referred to the
board.
(2) A board of inquiry must consist of such number of persons
who are subject to service law as is specified in rules made under
section 143.
(3) The president of a board of inquiry must be an officer not
below the rank of lieutenant or a corresponding rank.
(4) Evidence given before a board of inquiry is not admissible
against any person in proceedings before a court-martial, com-
manding officer or appropriate superior authority, except in
proceedings for an offence against section 70 or 81 when the
corresponding civil offence is perjury.
135. (1) Where a board of inquiry that is inquiring into the
absence of an officer or soldier of the Antigua and Barbuda
Defence Force reports that he has been absent without leave or
other sufficient cause for a period of not less than twenty-one (21)
Board of inquiry.
Inquiries into
absence.
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days, a record of the report shall, in accordance with rules made
under section 143 be entered in the service books.
(2) A record entered in pursuance of subsection (1), has,
unless the absentee subsequently surrenders or is arrested, or
the report of the board of inquiry is annulled by the Defence Board
or a subsequent board of inquiry, the like effect as a conviction
by court-martial for desertion.
Miscellaneous
136. (1) This section applies where a person (in this section
referred to as the “offender”) is convicted by court-martial of
unlawfully obtaining any property, whether by stealing it,
receiving it, fraudulently misapplying it, or in any other way.
(2) Where any property referred to in subsection (1) is 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) Where there is found in the possession of an offender any
property, other than money, that appears to have been obtained
by him by the conversion or exchange of any property unlaw-
fully obtained, the property so found may be ordered to be
delivered to the person appearing to be the owner thereof.
(4) Where money is found in the possession of an offender,
then, whether or not it appears to have been unlawfully obtained,
an order may be made that there be paid, out of that money, to the
person appearing to be the owner of any property unlawfully
obtained, such sum as may be specified in the order as or towards
compensation for the loss suffered by that person to such extent
as is not otherwise made good under this Act or by the recovery
of the property unlawfully obtained.
(5) Where any property unlawfully obtained has been sold or
given in pawn to some other person who did not then know it
to have been unlawfully obtained, an order may be made that,
subject to the restitution to the owner of that property, there be
paid to that 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
suffered by that other person in consequence of the sale or giving
in pawn, as the case may be.
Restitution or
compensation
for theft, etc.
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(6) Where any property unlawfully obtained has been given
in exchange for any other property to a person who did not at the time
of the exchange know that the property had been unlawfully
obtained, an order may be made that, subject to the restitution to the
owner of the property, there be restored to that person the property
taken in exchange for the property unlawfully obtained.
(7) An order under this section may be made by the court-
martial by which the offender is convicted or by a confirming
or reviewing authority.
(8) For the purposes of this section, "appears" means appears
to a court, officer or authority authorised to make the order.
(9) An order made under this section by a court-martial is of
no effect until confirmed by a confirming authority, and the
provisions of this Part as to the confirmation and review of the
proceedings of courts-martial apply to an order under this
section as they apply to a sentence.
(10) The operation of any order under this section is sus-
pended
(a) in any case, until the expiration of the period
prescribed under Part VI as the period within which
an application for leave to appeal to the Court of
Appeal against a conviction must be lodged; and
(b) if an application is duly lodged, until either the
application is refused or is withdrawn, or the appeal
is determined or abandoned.
(11) Where an order is suspended under subsection (10)
(a) it does not take effect if the conviction is quashed on
appeal;
(b) the Court of Appeal may annul or vary such order
notwithstanding that the conviction is not quashed;
and
(c) the property to be restored or the money to be paid
over, as the case may be, shall be kept in safe
custody during the period for which the operation of
the order is suspended.
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(12) Notwithstanding subsection (10), an order under this
section is not, so far as it relates to the delivery of property to the
person appearing to be the owner thereof, suspended if the court
or authority making the order so directs in any case in which, in
the opinion of the court or authority, the title to the property is
not in dispute.
(13) An order under this section does not prevent any person,
other than the offender or a person claiming through him, from
recovering any property delivered or paid in persuance of such
an order from the person to whom it is delivered or paid.
137. The appointment of a Judge Advocate to act at a court-
martial may be made by the Defence Board or by the convening
officer.
138. Any finding, sentence, determination or other thing
required by this Act to be promulgated, shall be promulgated by
being communicated to the accused or in such manner as the
confirming authority or reviewing authority, as the case may be,
directs, or in such manner as is prescribed.
139. (1) The record of the proceedings of a court-martial shall
be kept in the custody of the Defence Board for not less than the
prescribed period.
(2) Subject to this section, any person tried by a court-martial
is entitled to obtain from the Defence Board on demand at any
time within the prescribed period and on payment of such fee as
is prescribed a copy of the record of the proceedings of the court.
(3) Where a person tried by court-martial dies within the
prescribed period, his personal representative or any person
who in the opinion of the Defence Board ought to be treated for
the purposes of this subsection as his personal representative is,
subject to this section, entitled to obtain from the Defence Board
on demand at any time within the period of twelve (12) months
from the date of death and on payment of the prescribed fee, a
copy of the record of the proceedings.
(4) Where on an application pursuant to subsection (2) or (3)
the Minister certifies that for reasons of security the proceedings
or any part thereof ought not to be disclosed, the applicant is not
entitled to a copy of the proceedings, or, as the case may be, the
part to which the certificate relates.
Appointment of
Judge Advocate
Promulgation.
Custody of
proceedings of
court-martial
and right of
accused to a
copy thereof.
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(5) For the purpose of this section "relevant period" in relation
to any person tried by court-martial means the period of 5 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; but where the proceedings
relate to two (2) or more charges and the person tried was
acquitted on one or more of the charges and convicted on another
or others the relevant period is the period of 5 years beginning
with the date of the promulgation
(a) of the finding or findings of guilty and the sentence
thereon; or
(b) of the withholding of confirmation of that finding
or those findings.
(6) A reference in this section 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.
140. No action lies 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.
141. (1) Subject to this section, the Defence Board may make
rules respecting
(a) the investigation and trial of, and awarding of
punishment for, offences cognizable by courts-
martial, commanding officers and appropriate supe-
rior authorities; and
(b) the confirmation and revision of findings and sen-
tences of courts-martial.
(2) Provision may be made by rules made under subsection (1)
(a) for the procedure to be observed in the bringing of
charges before commanding officers and appropri-
ate superior authorities;
Indemnity for
prison officers,
etc.
Rules of
procedure.
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(b) for the manner in which charges referred to in para-
graph (a) are to be investigated, and the taking of
evidence, whether orally or in writing, whether or not
on oath and whether in full or in summary or abstract
form, for the purpose of investigating or dealing
summarily with the charges, or otherwise as a prelimi-
nary to the trial thereof by court-martial, but the rules
must provide for the application of section 103 in any
case where the accused requires that evidence be
taken on oath;
(c) for the addition to, or substitution for, a charge that
has been investigated of a new charge for an offence
disclosed by evidence taken on the investigation
and the treating of the investigation as the investi-
gation of the new charge;
(d) for the convening and constitution of courts-mar-
tial;
(e) for the sittings, adjournment and dissolution of
courts-martial;
(f) for the procedure to be observed in trials by courts-
martial;
(g) for the representation of the accused at such trials;
(h) for procuring the attendance of witnesses before
courts-martial and at the taking of evidence in
persuance of rules made under paragraph (b);
(i) for the application of sections 109, 110, 111, and
112 in relation to proceedings before commanding
officers and appropriate superior authorities, and
otherwise in relation to proceedings prior to trial by
courts-martial;
(j) for empowering a court-martial or the convening
officer, in such cases and to such extent as may be
prescribed, to amend a charge that is being tried by
the court;
(k) for empowering a court-martial, where the particulars
proved or admitted at the trial differ from those
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alleged in the charge but are sufficient to support a
finding of guilty of the like offence as that charged to
make a finding of guilty subject to exceptions or
variations specified in the finding if it appears to the
court that the difference is not so material as to have
prejudiced the accused in his defence; and
(l) for the forms of orders and other documents to be
made for the purpose of any provision of this Part or
the rules relating to the investigation or trial of, or
award of punishment for, offences cognizable by
courts-martial, commanding officers or appropri-
ate superior authorities or to the confirmation and
revision of the findings and sentences of courts-
martial.
(3) Rules made pursuant to paragraph (j) of subsection (2)
must provide that the power to amend charges is not exercisable
in circumstances substantially different from those in which
indictments may be amended by the Supreme court or otherwise
than subject to the like conditions, as nearly as circumstances
admit, as those subject to which indictments may be amended,
and is not exercisable by courts-martial, otherwise than for the
purpose only of correcting a mistake in the name or description
of the accused or a clerical error or omission, unless there is a
Judge Advocate present at the trial.
(4) Provision may be made by rules made under this section
(a) respecting the exercise by a Judge Advocate of his
functions at a trial by court-martial;
(b) respecting the effect of advice or ruling given to the
court by a Judge Advocate on questions of law;
`
(c) requiring or authorising the president of a court-
martial, in such cases as are specified in the rules,
to direct that questions of law 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 the proceedings on any such determination such
provisions of this Act relating to the court or its
members and the proceedings of the court as are
specified in the rules.
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(5) In subsection (4) a reference to a question of law includes
a reference to a question of joinder of charges and to the trial of
persons jointly or separately.
142. The Defence Board may make regulations respect-
ing
(a) the places in which and the establishments or forms
of custody, whether military or not, in which per-
sons may be required to serve the whole or any part
of military sentences of imprisonment and deten-
tion imposed upon them under this Act;
(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 expiry of any term of imprison-
ment or detention;
(c) the provision, classification, regulation and man-
agement 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 establish-
ments or in custody, 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 any 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 staff, of military establishments.
143. (1) The Defence Board may make rules respecting the
convening, constitution and procedure of boards of inquiry, and
may in those rules make provision respecting
Imprisonment and
detention
regulations.
Board of inquiry
rules.
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(a) the rules of evidence to be observed by boards of
inquiry and the taking of evidence before such
boards, but the rules must provide for the taking of
evidence on oath or affirmation except in such cir-
cumstances that if the evidence was being taken at
a court-martial on oath could be dispensed with;
(b) the making in service books of records of findings
of boards of inquiry in cases specified by the rules.
(2) Rules made under this section must provide that any
witness or other person who is subject to service law and who
may be affected by the findings of a board of inquiry shall have
an opportunity of being present and represented at the sitting of
the board or such part thereof as is specified by or under the
rules.
144. The Defence Board may make regulations respecting
(a) the execution of sentences of death imposed pursu-
ant to this Act, including the manner in which, and
place where, such executions are to be carried out,
and the custody, treatment and removal of persons
under sentence of death;
(b) field punishment;
(c) any matter which by this Part is required or authorised
to be prescribed;
(d) such other matters as appear requisite for carrying
the provisions of sections 141, 142, and 143 into
effect.
PART VI
Appeals from a court-martial
145. (1) Subject to this Part, a person convicted by a court-
martial may, with the leave of the Court of Appeal, appeal to that
court against his conviction.
(2) An appeal lies as of right from any conviction of court-
martial involving a sentence of death.
146. (1) Subject to subsection (3), an application for leave to
appeal to the Court of Appeal shall be in the prescribed form and
Regulations.
Right of appeal.
Leave to
appeal.
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shall be lodged with the Registrar of the Supreme court within 40
days after the date of promulgation of the finding of the court-
martial in respect of which leave to appeal is sought.
(2) An appeal against a conviction that involves a sentence
of death may not be entertained by the Court of Appeal unless
the appeal is lodged with the Registrar in the prescribed
manner, by or on behalf of the appellant within 10 days after the
date of promulgation of the finding of the court-martial in
respect of which the appeal is brought.
(3) It may be provided by rules of court that in circumstances
specified in the rules an application for leave to appeal or an
appeal, as the case may be, that is lodged with a person other
than the Registrar, as is specified in the rules, shall be treated
for the purposes of subsections (1) and (2) as having been lodged
with the Registrar.
(4) The Court of Appeal
(a) may extend the period referred to in subsection (1)
whether or not that period has expired;
(b) may extend the period referred to in subsection (2)
where the appellant is outside Antigua and Barbuda
or has not had a reasonable opportunity of lodging
his appeal within that period.
(5) Where the Court of Appeal dismisses an application for
leave to appeal, it may, if it considers the application to have
been frivolous or vexatious, order that any sentence passed upon
the applicant in the proceedings from which it was sought to bring
the appeal, begin to run from the day on which the Court dismisses
the application.
147. (1) Subject to section 148, on an appeal under this Part
against a conviction, the Court of Appeal shall allow the appeal
if it thinks that the finding of the court-martial is unreasonable or
cannot be supported having regard to the evidence, or involves
a wrong decision on a question of law, or that on any ground there
was a miscarriage of justice, and in any case it shall dismiss the
appeal; but the Court may, notwithstanding that it is of the
opinion that the point raised in the appeal might be decided in
favour of the appellant, dismiss the appeal if it considers that no
substantial miscarriage of justice has actually occured.
Determination
of appeals in
ordinary cases.
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(2) Where the Court of Appeal allows an appeal under this Part
it shall
(a) quash the conviction; or
(b) direct that the finding of the court-martial be treated
as if confirmation thereof had been withheld, and
notwithstanding section 132(2), a new trial by
court-martial may be held within such time as the
court orders.
148. (1) Where it appears to the Court of Appeal that an
appellant, though not properly convicted on a charge preferred
against him before the court-martial by which he was tried was
properly convicted on another charge so preferred, then, if the
sentence passed by the court-martial on the appellant was not
one that could lawfully be passed by the court-martial for the
offence of which he was convicted on the other charge, the Court
shall pass on the appellant, in substitution for the sentence
passed on him by the court-martial, such sentence as it thinks
proper, if it is a sentence that might lawfully be passed in respect
of the charge on which the appellant was properly convicted,
and is not a sentence of greater severity.
(2) Where an appellant has been convicted of an offence and
the court-martial by which he was tried could lawfully have found
him guilty of some other offence, and it appears to the Court of
Appeal that the court-martial must have been satisfied of facts
which proved him guilty of that other offence, the Court may,
instead of allowing or dismissing the appeal, substitute for the
finding of the court-martial a finding of guilty of the other offence,
and pass on the appellant, in substitution for the sentence passed
on him by the court-martial, such sentence as it thinks proper if
it is a sentence which could lawfully have been passed for that
other offence and is not a sentence of greater severity.
(3) Where
(a) an appellant has been convicted of an offence com-
mitted under circumstances involving the higher of
two degrees of punishment and it appears to the
Court of Appeal that the court-martial by which he
was tried ought to have found him guilty of the
offence as being committed under circumstances
involving the lower degree of punishment; or
Power of Court
of Appeal in
certain cases.
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(b) an appellant has been convicted of an offence and it
appears to the Court of Appeal that the court-martial
by which he was tried ought to have found him guilty
of the offence subject to exceptions or variations,
the Court may, instead of allowing or dismissing the appeal,
substitute for the finding of the court-martial, a finding of guilty
of the offence as being committed under circumstances involv-
ing the lower degree of punishment, or, as the case may be,
guilty of the offence subject to exceptions or variations, and pass
on the appellant, in substitution for the sentence passed on him
by the court-martial, such sentence as it thinks proper, if it is a
sentence that could lawfully have been passed for the offence
specified or involved in the substituted finding, and is not a
sentence of greater severity.
(4) Where on an appeal it appears to the Court of Appeal that
although the appellant was guilty of the offence charged against him
he was insane at the time the offence was committed, the Court may
quash the sentence and order the appellant to be kept in custody
under section 122 in like manner as on a special finding of insanity
by the court-martial by which the appellant was convicted.
149. (1) A sentence passed by the Court of Appeal under
section 148, unless the court otherwise directs, begins to run from
the time which it would have begun to run if it had been passed
in the proceedings from which the appeal is brought; and a
sentence passed by the Court of Appeal shall be deemed, for the
purposes of this Act, to be a sentence that was passed by the
court-martial, and has been confirmed.
150. Subject to any law relating to appeals to Her Majesty in
Council from judgements of the court of Appeal in criminal
matters, any determination by the Court of any matter other than
a criminal matter that it has power to determine under this Part is
final, and no appeal lies from the Court to any other court.
151. Subject to rules of court, an appellant is not entitled to be
present at the hearing of an appeal under this part or at any
proceedings preliminary or incidental to such an appeal; and the
power of the Court under this Part to pass a sentence may be
exercised notwithstanding the absence of the appellant.
152. An appellant may if he so desires instead of presenting
his case orally present it in writing in the prescribed form.
Appeal final
Commencement
of sentence
Proceedings in
absence of
appellants
Appellant may
present his case
in writing
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153. Where a conviction by court-martial involves a sentence
of death
(a) the sentence shall not in any case be executed until
the expiration of the period within which an appeal
to the Court of Appeal against the conviction may
be lodged;
(b) the sentence shall not be executed until the applica-
tion, as the case may be, is determined or aban-
doned, if an appeal is duly lodged or if application
is made for the extension of the period for lodging
the appeal; and
(c) the sentence shall not be executed until the applica-
tion is finally refused or is withdrawn, or the appeal
to Her Majesty in Council is determined or aban-
doned if an application for leave to appeal to Her
Majesty in Council is duly made.
154. Where the conviction of a person by a court-martial for
an offence is quashed under this Part, that person shall not be
tried a second time for that offence by a court-martial or by any
other court.
155. The Defence Board may, by regulations, provide the
manner in which an appellant when in custody is to be taken to,
kept in custody at, and brought back from any place at which he
is entitled to be present for the purposes of this Part, or any place
to which the Court of Appeal or a Judge thereof orders the
appellant to be taken for the purposes of any proceedings of the
Court.
156. The Secretary of the Defence Board shall, in the case of
every appeal or application for leave to appeal under this Part to
the Court of Appeal against conviction by court-martial, furnish
to the Registrar of the Supreme Court the proceedings of the
court-martial, including the proceedings with respect to the
revision of the finding or sentence of the court-martial in pursu-
ance of section 115 (1), the proceedings with respect to the
confirmation of the finding and sentence of the court-martial and
any petition presented by or on behalf of the person convicted.
157. The Registrar of the Supreme Court shall take all neces-
sary steps for the determination of an appeal or application for
Suspension of
sentence of death
Person not to be
tried twice for
same offence.
Application for
registration.
Removal of
prisoners for
purposes of this
Part.
Furnishing on
appeal of
documents
relating to trial.
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leave to appeal under this Part, and shall obtain and lay before the
Court of Appeal in proper form all documents, exhibits and other
things relating to the proceedings in the court-martial before
which the appellant or applicant, as the case may be, was tried that
appear necessary for the proper determination of the appeal or
application, as the case may be.
158. (1) The Registrar of the Supreme Court shall furnish the
necessary forms and instructions relating to appeals or applica-
tions for leave to appeal, as the case may be, under this Part
(a) to any person who requests them;
(b) to any person in charge of any place where persons
sentenced by court-martial may lawfully be con-
fined for the purpose of serving their sentences; and
(c) to such other persons as he thinks fit.
(2) Every person in charge of a place referred to in subsection
(1) shall cause the forms and instructions referred to in that
subsection to be placed at the disposal of persons confined in
that place who desire to lodge an appeal or make application for
leave to appeal, as the case may be, under this Part.
159. (1) Nothing in this Part
(a) affects the exercise by a reviewing authority of the
powers conferred on it by section 119 in respect of a
conviction of a court-martial regarding the exercise
of those powers at a time before the lodging with the
Registrar of the Supreme Court of an appeal or an
application for leave to appeal to the Court against
the conviction;
(b) affects the exercise by the Govenor-General of the
prerogative of mercy.
160. A single judge of the Court of Appeal may
(a) give leave to appeal; or
(b) extend the period within which an application for
leave to appeal or an appeal is required to be lodged
by section 146 (1) or (2), as the case may be; or
Registrar to
furnish forms, etc.
Saving of powers
of reviewing
authority.
Exercise of
certain powers
of Court of
Appeal by a
single Judge.
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(c) allow the applicant or appellant to be present at any
proceedings under this Part.
161. Where a single Judge refuses an application on the
part of an applicant or appellant, the applicant or appellant,
as the case may be, upon making a requisition in that behalf
within the prescribed period and in the prescribed manner,
is entitled to have the application determined by the Court of
Appeal.
162. (1) Subject to this Part, rules of court relating to the
hearing of criminal appeals by the court of appeal apply to the
hearing and determination of an appeal by that Court under that
Part.
(2) Where under this Part anything is required or authorised
to be prescribed, it is to be prescribed by rules of court.
PART VII
Forfeiture and Deduction
163. (1) The pay of an officer or soldier shall not be forfeited
unless authorised by this Act or some other enactment; and no
deduction from his pay shall be made unless it is so authorised.
(2) The Defence Board may not authorise by regulations the
making of deduction from an officer's soldier's salary of any
amount by way of penalty in respect of the commission of any
offence or other wrongful act, or in consequence of any negligence.
(3) This section does not apply to the making of regulations
providing
(a) for the imposition of any forfeiture authorised by
this Act or the making of any deduction so
authorised;
(b) for the time at which, and manner in which, sums
may be deducted from pay to give effect to authorised
deductions or the manner in which amounts may be
so deducted in order to recover any fine imposed in
persuance of this Act or as to the appropriation of
any sum or amount when deducted; or
Refusal of
application
General provisions
as to procedure
Forfeiture and
deduction.
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(c) for the determination of questions relating to forfei-
ture or deduction.
(4) Notwithstanding that a deduction from the pay of an
officer or soldier is authorised to be made, he is entitled to
receive pay, subject to any forfeiture, at not less than the
prescribed minimum rate.
(5) Notwithstanding that forfeiture of the pay of an officer
or soldier for any period is ordered in persuance of this Act, he
is entitled to receive pay at the prescribed minimum rate; but the
amount paid to him for that period may be recovered by
deduction from pay.
(6) Any amount authorised to be deducted from the pay of
an officer or soldier may be deducted from any balance, whether
or not representing pay, that is due to him; and references in this
Act to the making of deductions from pay shall be construed
accordingly, and the whole or any part of any sum forfeited from
an officer's or soldier's pay may be recovered by deduction from
any balance due to him.
164. (1) The pay of an officer or soldier is liable to be forfeited
(a) for any day of his absence in circumstances consti-
tuting an offence under section 51 or 52, or, if the
Chief of Defence Staff so directs, of other absence
without leave;
(b) for any day of imprisonment, detention or field
punishment awarded under service law by a court-
martial or commanding officer, or of imprisonment or
detention of any description to which he is liable in
consequence of an order or sentence of a civil court;
(c) where he is found guilty, whether by court-martial
under service law, an appropriate superior author-
ity, or his commanding officer, of an offence under
service law, for any day, whether before or after he is
found guilty, on which he is in hospital on account
of sickness injury certified by the proper medical
officer to have been occasioned by the offence.
(2) The pay of an officer or soldier is liable to be forfeited for
any day of absence by reason of his having been made a prisoner
Forfeiture of
pay.
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of war if the Chief of Defence Staff or an officer authorised by
regulations is satisfied
(a) that he was made a prisoner of war through disobe-
dience of orders or wilful neglect of duty; or
(b) that having been made a prisoner of war he failed to
take any reasonable steps available to him to rejoin
the Antigua and Barbuda Defence Force; 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 mo-
rale or in any other manner not authorised by
international usage.
(3) Nothing in paragraph (a) of subsection (1) applies to
absence by reason of having been made a prisoner of war.
(4) The Defence Board may provide by regulations for the
computation of time for the purpose of this section, and in
particular for the counting or disregarding of a part of a day.
165. Where a person who is sentenced or ordered by a civil
court, whether within or outside Antigua and Barbuda, to pay
a sum by way of fine, penalty, damages, compensation or costs
in consequence of his being charged before a court with an
offence, is at that time of the sentence or order, or subsequently
becomes, an officer or soldier, 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.
166. (1) Without affecting the provisions of this Act relating
to the imposition of stoppages as a punishment, this section
applies where, after such investigation as is prescribed by
regulations, it appears to an authorised officer that loss of, or
damage to, public or service property has been occasioned by
any wrongful act or negligence of an officer or soldier.
(2) For the purposes of this section and sections 168, 169
and 170
“authorised officer” means an officer authorised by regu-
lations; and
Deduction for
payment of civil
penalty.
Compensation
for loss caused
by wrongful act
or negligence.
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“person responsible” means an officer or soldier who, by
any wrongful act or by negligence causes any loss of, or
damage to, public or service property.
(3) An authorised officer may order a person to pay, as or
towards compensation for the loss or damage, such sum as is
specified in the order, and any sum, in so far as it is not paid by
the person responsible, may be deducted from his pay.
(4) No order shall be made under subsection (3) if, in
proceedings before a court-martial under service law, an appro-
priate superior authority or a commanding officer, the person
responsible
(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 loss or
damage referred to in that subsection.
(5) Except as provided in this section, the fact that proceedings
have been brought in respect of a wrongful act or negligence does
not prevent the making of an order or of deductions under
subsection (3).
167. (1) Where damage occurs to any premises in which a unit
or part of a unit of the Antigua and Barbuda Defence Force is
quartered or billeted, or any fixtures, furniture or effects in or
belonging to the premises are damaged or lost, and it appears, on
investigation in accordance with the regulations that the damage
or loss was occasioned by the wrongful act or negligence of any
person belonging to any unit or part of a unit in occupation of the
premises, but that the person cannot be identified, any person
belonging to any such unit or part of a unit may be required to
contribute towards compensation for the damage or loss, such
amount as may be deducted from the person's pay.
(2) subsection (1) extends to vessels, vehicles and aircraft in
which units or parts of units are being transported; and refer-
ence to premises, quartering and occupation shall be construed
accordingly.
Deduction for
barrack damage.
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168. (1) Where an authorised officer makes an order under
section 166, 169, or 170 against a person responsible, the person
responsible may, in the prescribed manner, apply to a board of
officers for further examination of the case, and the board shall
consider the case, and if it thinks fit, give directions to the
authorised officer; and the authorised officer shall give effect to
those directions.
(2) Any forfeiture or deduction imposed under section 164,
165, 167, or under regulations, may be remitted by the Defence
Board, or in such manner and by such authority as may be
prescribed.
169. (1) Where a court in Antigua and Barbuda has made an
order against any person (in this section referred to as the
"defendant") for the payment of any periodical or other sums
specified in the order for or in respect of
(a) the maintainance of his or her spouse or child;
(b) any costs incurred in obtaining the order; or
(c) any costs incurred in proceedings on appeal against,
or for the variation, revocation or revival of, any
such order,
and the defendant is an officer or soldier, then, whether or not he
was an officer or soldier when the order was made, the authorised
officer may order such sum as the authorised officer thinks fit 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.
(2) Where there is evidence before the court that made the
order referred to in subsection (1), or an order varying, revoking
or reviving that order, that the defendant is an officer or soldier,
the court shall direct that a copy of the order be sent to the
Defence Board.
(3) Where an order referred to in subsection (1) was made by
a court of a Commonwealth country other than Antigua and
Barbuda, and the authorised officer is satisfied that the defendant
had a reasonable opportunity of appearing in person, or had
appeared by a duly authorised legal representative, to defend the
case before the court by which the order was made, the authorised
officer has the like power under subsection (1) as if the order had been
made by such a court as is mentioned in that subsection.
Review of orders
and remission of
forfeitures and
deduction
Enforcement of
maintenance and
affiliation orders
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(4) An authorised officer may vary or revoke any order made
under this section, and may treat any order made under this
section as being in suspense at any time while the person against
whom the order was made is absent in the circumstances
specified in paragraph (a) of section 164 (1).
(5) for the purposes of this section
(a) a reference to an order made by a court in Antigua
and Barbuda includes a reference to an order regis-
tered in or confirmed by such a court under the
provisions of any law that provides for the enforce-
ment in Antigua and Barbuda of maintenance or-
ders made outside Antigua and Barbuda;
(b) a reference to a spouse or child includes, in relation
to an order made in proceedings in connection with
the dissolution or annulment of a marriage, a refer-
ence to a person who would have been the spouse
or child of the defendant if the marriage had sub-
sisted;
(c) a reference to a child of a person includes a reference
to a child of his or her spouse, and to an adopted child
of that person or his wife; and in this paragraph
“adopted child” means a child adopted, whether
alone or jointly, in pursuance of an adoption order,
under the Adoption Act;
(d) “maintenance order” means an order, other than an
order of affiliation, for the periodical payment of
sums of money towards the maintenance of the
spouse or other dependant of the person against
whom the order is made; and in this paragraph
“dependant” means such persons as that person is,
according to the law in force in that part of the
Commonwealth in which the maintenance order was
made, liable to maintain.
170. (1) Where an authorised officer is satisfied that an officer or
soldier of the Antigua and Barbuda Defence Force is neglecting,
without reasonable cause, to maintain his or her spouse or a child of
his under the age of 18, the authorised officer may order a sum to be
deducted from the pay of that officer or soldier, as the case may be,
and appropriate towards the maintenance of the spouse or child.
Maintenance of
spouse or child.
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(2) Where an application is made to the authorised officer for
an order under subsection (1), he may, if satisfied that a prima facie
case has been made out by the person making the application,
make an interim order for such deduction and appropriation as is
mentioned in that subsection, to take effect pending further
examination of the case.
(3) Where an order is in force under section 169(1) or (3), as
the case may be, for the making of deductions in favour of any
person from the pay of an officer or soldier of the Antigua and
Barbuda Defence Force, no deduction from his pay in favour of
any person shall be ordered under this section unless the officer
or soldier is in a place where process cannot be served on him in
connection with proceedings for the variation of the order of the
court in connsequence of which the order under section 169 was
made.
(4) The authorised officer may by order vary or revoke any
order previously made under this section, and may treat any
order made under this section as being in suspence at any time
while the person against whom the order was made in absent in
circumstances specified in paragraph (a) of section 164(1).
171. (1) The amounts that may be deducted under sections
169 and 170 are such as are prescribed.
(2) Where any deduction has been ordered under section 169
or 170 from a person's pay, and, whether before or after the
deduction has 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 an appropriate superior authority or a
commanding officer, the forfeiture applies only to so much of his
pay as remains after the deductions are made.
172. (1) Where process is to be served on an officer or soldier
of the Antigua and Barbuda Defence Force (in this section
referred to as the "defendant") in connection with proceedings
for an order mentioned in section 166(3) of a court in Antigua and
Barbuda or for the variation, revocation or revival of such an
order, it shall be deemed to be duly served on him if served either
on him personally or his commanding officer, and may, without
affecting any other method of service, be served by registered
post.
Limit of
deduction under
sections 169 and
170 and effect
on forfeiture.
Service of
process in
maintenance
proceedings.
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(2) Where process is served in Antigua and Barbuda and the
defendant is required to appear in person at the hearing, then, if
his commanding officer certifies to the court by which process
was issued that the defendant is under orders for service out of
Antigua and Barbuda and that in the commanding officer's
opinion it would not be possible for the defendant to attend the
hearing and return in time to embark for that service, the service
of process shall be deemed not to have been effected.
PART VIII
GOVERNMENT AND GENERAL PROVISIONS
Command
173. (1) Officers and soldiers of the Antigua and Barbuda
Defence Force shall stand in relation to each other in such order
of precedence as the Defence Board prescribes.
(2) Officers and soldiers of Commenwealth Forces and foreign
forces may be attached or seconded to the Antigua and Barbuda
Defence Force with the approval of the Defence Board.
174. The Governor-General may appoint an officer who is a
member of the Antigua and Barbuda Defence Force in whom the
command of the Antigua and Barbuda Defence Force will be
vested, and, subject to the terms of his appointment, that officer
has the command of the Force during the pleasure of the
Governor-General.
175. The Defence Board may make regulations respecting the
members of the Antigua and Barbuda Defence Force in whom
command over any part of the Force or members thereof is vested
and as to the circumstances in which such command is to be
exercised.
176. In so far as powers of command depend on rank
(a) a member of a Commenwealth force or a foreign force
who is acting with; or
(b) a member of a Commonwealth Force or a foreign force
who is a member of a force that is acting with,
Precedence.
Command of
Force.
Regulations
respecting
command.
Powers of Com-
mand.
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the Antigua and Barbuda Defence Force has the like powers as
a member of the Antigua and Barbuda Defence Force of corre-
sponding rank; and for the purposes of sections 43 and 81 any
such member shall be treated as if he were a member of the Antigua
and Barbuda Defence Force of corresponding rank.
(2) If the whole or any part of the Antigua and Barbuda
Defence Force is required to act with any other force, the
Governor-General may place the Antigua and Barbuda Defence
Force or part thereof, as the case may be, under the command
of the officer commanding the other force.
(3) Where any part of the Antigua and Barbuda Defence force
is acting with any other force, the Chief of Defence Staff or the
officer commanding that part of the Antigua and Barbuda De-
fence Force may, in agreement with the officer commanding the
other force, define the powers of command and the order of
precedence of the officers, warrant officers and non-commis-
sioned officers of that part of the Antigua and Barbuda Defence
force in relation to the officers, warrant officers and non-commis-
sioned officers of the other force.
Redress of Complaints
177. (1) Where an officer of the Antigua and Barbuda
Defence Force thinks himself wronged in any matter by a
superior officer or authority, he may refer the matter to his
commanding officer; and if he does not obtain the redress to
which he thinks he is entitled he may make a complaint with
respect to that matter to the Defence Board.
(2) The Defence Board shall, on receiving any complaint
mentioned in subsection (1), investigate it and give any
redress that appears to it to be necessary, or, if the complaint
so requires, the Defence Board shall make its report on the
complaint to the Govenor-General who shall give the Defence
Board directions thereon.
178. (1) Where a soldier of the Antigua and Barbuda Defence
Force thinks himself wronged in any matter by any officer other
than his commanding officer nor by any soldier, he may make a
complaint with respect to that matter to his commanding officer.
(2) Where a soldier of the Antiguan and Barbuda Defence
Force thinks himself wronged in any matter by his commanding
Complaints by
officers.
Complaints by
soldiers
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officer by reason of redress not being given to his satisfaction on
a complaint made under subsection (1) or for any other reason,
he may make a complaint with respect thereto to any officer not
below the rank of Lieutenant Colonel or corresponding rank
under whom he is serving.
(3) Every commanding officer or other officer shall investigate
any complaint received by him pursuant to this section and take
all necessary steps for redressing the matter complained of; and
if the complaint so requires the commanding officer shall refer the
complaint to the Chief of Defence Staff who shall seek the opinion
of the Defence Board thereon.
Exemptions for officers and soldiers
179. Every officer and soldier of the Antigua and Barbuda
Defence Force is exempt from jury service.
180. (1) Duties or tolls for embarking from, or disembarking on,
any pier, wharf, quay or landing place in Antigua and Barbuda or
for passing over any road, ferry, or bridge in Antigua and Barbuda
are not payable in respect of
(a) members of the Antigua and Barbuda Defence Force
while on duty;
(b) vehicles, ships and aircraft in military service, being
vehicles, ships and aircraft belonging to the Govern-
ment, or other vehicles, ships and aircraft driven by
persons, whether members of the Antigua and Bar-
buda Defence Force or not, for the purposes of the
Government;
(c) goods carried in vehicles, ships and aircraft for
military purposes; and
(d) animals in military service.
(2) For the purposes of subsection (1) "in military service"
means employed under proper military authority for the purposes
of the Antigua and Barbuda Defence Force, or accompanying any
unit of the Antigua and Barbuda Defence Force.
Exemption from
jury service.
Exemption from
tolls, etc.
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181. A judgement, decree or order given or made against an
officer or soldier of the Antigua and Barbuda Defence Force by
any court in Antigua and Barbuda shall not be enforced by the
levying or execution on any service property, nor shall any
distress be made thereon.
Provisions relating to deserters and persons
absent without leave
182. (1) Any constable within Antigua and Barbuda may
arrest without a warrant any person whom the constable has
reasonable cause to suspect of being an officer or soldier of the
Antigua and Barbuda Defence Force who has deserted or is
absent without leave.
(2) Where no constable is available, any officer or soldier of
the Antigua and Barbuda Defence Force or any other person
may arrest without a warrant any person whom the officer, soldier
or other person, as the case may be, has reasonable cause to suspect
of being an officer or soldier referred to in subsection (1).
(3) Any person in Antigua and Barbuda having authority to
issue a warrant for the arrest of any other person charged with
a crime, may issue a warrant for the arrest of an officer or
soldier, as the case may be, if the first-mentioned person is
satisfied by evidence on oath that there is or is reasonably
suspected of being within his jurisdiction an officer or soldier
of the Antigua and Barbuda Defence Force who has deserted or
is absent without leave, or is reasonably suspected of having
deserted or of being absent without leave.
(4) Any person who is in custody in pursuance of this section
shall, as soon as practicable, be brought before a magistrate's
court.
183. (1) This section applies where a person who is alleged
to be an officer or soldier of the Antigua and Barbuda Defence
Force and who has deserted or is absent without leave, is
brought before a magistrate's court.
(2) If a person referred to in subsection (1) admits that he is
illegally absent from the Antigua and Barbuda Defence Force
and the magistrate is satisfied of the truth of the admission, then
Proceedings
before a civil
court where
person suspected
of illegal
absence.
Service property
not to be taken
in execution
Arrest of
deserters and
persons absent
without leave.
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(a) unless the person is in custody for some other cause,
the magistrate shall; and
(b) notwithstanding that he is in custody for some other
cause, the magistate may,
cause him to be delivered into military custody in such manner
as the magistrate thinks fit, or commit him to a prison, police
station or other place provided for the confinement of persons
in custody, to be kept there for such time as the magistrate
specifies, not exceeding such time as appears to the magistrate
necessary for the purpose of enabling the person to be delivered
into military custody, or until sooner delivered into military
custody.
(3) The time specified by a magistrate under subsection (2)
may be extended by the magistrate if it appears to him neces-
sary to do so.
(4) Where a person referred to in subsection (1) does not admit
that he is illegally absent, or the magistrate is not satisfied of the
truth of the admission referred to in subsection (2), the magistrate
shall consider the evidence and any statement made by the
accused, and if the magistrate is satisfied that the accused is
subject to military law under this Act and is of the opinion that
there is sufficient evidence to justify the trial of the accused under
this Act for desertion or absence without leave, then, unless the
accused is in custody for some other cause, the magistrate shall
cause the accused to be delivered into military custody, or commit
him as specified in subsection (2), or discharge him.
(5) Where a person is in custody for some cause other than
desertion or being absent without leave, a magistrate may act in
accordance with subsection (4).
184. (1) Where a person who, being absent without leave
from the Antigua and Barbuda Defence Force, surrenders
himself to a constable in Antigua and Barbuda the constable
shall take the person to a police station unless the surrender is at
a police station.
(2) The constable in charge of a police station at which a person
surrenders himself or to which a person who surrenders himself
is taken, shall inquire into the case, and if it appears to the
constable that the person is absent without leave, the constable
Deserters and
persons absent
without leave
surrendering to
police.
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may cause the person to be delivered into military custody
without taking him before a magistrate's court.
185. (1) Where a magistrate's court in pursuance of section 183
deals with a person who is absent without leave, then, when the
person is delivered into military custody there shall be handed
over to an officer of the Antigua and Barbuda Defence Force a
certificate in the prescribed form, signed by a magistrate contain-
ing the prescribed particulars relating to the person's arrest or
surrender, as the case may be, and the proceedings before the
court.
(2) Where a person is delivered into military custody without
being taken before a magistrate's court, whether under section
184 or under any other law, there shall be handed over to the
officer mentioned in subsection (1) a certificate in the prescribed
form, signed by the constable who caused the person to be
delivered into military custody, containing the prescribed par-
ticulars relating to his surrender.
(3) In any proceedings for an offence under section 51 or
section 52, a document purporting to be a certificate under
subsection (1) or (2) or under the corresponding provisions of
any service law, other than this Act, is evidence of the matter
stated.
(4) Where proceedings referred to in subsection (3) are
against a person who has been taken into military, naval or air
force custody on arrest or surrender, as the case may be, a
certificate in the prescribed form, stating the fact, date, time and
place of arrest or surrender and purporting to be signed by a
provost officer or any corresponding officer of a Commonwealth
Force, or by any other officer in charge of the guardroom or other
place where the person was confined on being taken into cus-
tody, is evidence of the matter stated in the certificate.
186. (1) The superintendent or other person in charge of a
civil prison shall receive any person duly committed to that
prison by a magistrate's court as being absent without leave and
detain him until, in accordance with the directions of the court, he
is delivered into military custody.
(2) Subsection (1) applies to the person in charge of any police
station or other place provided for the confinement of persons in
Superintendents
of prisons and
others to receive
deserters and
absentees.
Certificate of
arrest or surrender
of deserters and
absentees.
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custody, not being a prison, as it applies to the superintendent
of a prison.
Offences relating to military matters punishable
by civil courts
187. Any person who falsely represents himself to any
military or civil authority to be a deserter from the Antigua and
Barbuda Defence Force commits of an offence and is liable on
summary conviction to a fine not exceeding $500 or to impris-
onment not exceeding three (3) months or both.
188. Any person who
(a) procures or persuades any officer or soldier of the
Antigua and Barbuda Defence Force to desert or to
absent himself without leave;
(b) assists an officer or soldier referred to in paragraph
(a) knowing that the officer or soldier is about to
desert or absent himself without leave; or
(c) conceals or assists any other person in concealing
himself, or assists the other person in his rescue
from custody, knowing the other person to be a
deserter or to be absent without leave from the
Antigua and Barbuda Defence Force.
commits an offence and is liable on summary conviction to a
fine not exceeding $500 or to imprisonment not exceeding three
(3) months, or both, or on conviction on indictiment to a fine not
exceeding $2000 or to imprisonment not exceeding two (2)
years, or both.
189. Any person who wilfully obstructs or otherwise inter-
feres with any officer or soldier of the Antigua and Barbuda
Defence Force acting in the execution of his duty of an offence
and liable on summary conviction to a fine of $200 or to
imprisonment three (3) months, or both.
190. Any person who
(a) produces in an officer or soldier of the Antigua and
Barbuda Defence Force any sickness or disability; or
Penalty for pro-
curing and assist-
ing desertion
Penalty for
pretending to be
deserter.
Penalty for
obstructing
officers or soldiers
in execution of
their duty.
Penalty for
aiding malinger-
ing
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(b) supplies to or for an officer or soldier any drug or
preperation 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, commits an offence and is liable on
summary conviction to a fine not exceeding $5000 or to imprison-
ment for a term not execeeding three (3) months, or both, or on
conviction on indictment to a fine not exceeding $5000 or to
imprisonment for a term not exceeding two (2) years, or both.
191. (1) Any person who acquires, or solicits or procures any
other person to dispose of, or acts for any person in disposing
of, any military stores commits an offence and is liable on
summary conviction to a fine not exceeding $500 or to a term of
imprisonment not exceeding three (3) months, or both, or on
conviction on indictment to a fine not exceeding $5000 or to a term
of imprisonment not exceeding two (2) years, or both.
(2) It is a defence for a person charged with an offence under
subsection (1) to prove
(a) that he did not know and could not reasonably be
expected to know, that the stores in question were
military stores;
(b) that the stores had, by the transaction with which he
is charged or some earlier transaction, been dis-
posed of by order or with the consent of some person
or authority who had, or whom he had reasonable
cause to believe had, power to give the order or
consent; or
(c) that those stores had become the property of
(i) an officer of the Antigua and Barbuda Defence
Force who had retired or ceased to be an
officer,
(ii) a soldier of the Antigua and Barbuda Defence
Force who had been discharged, or
(iii) the personal representatives of a person who
is dead.
Unlawful purchase,
etc., of military
store.
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(3) A constable may arrest without warrant any person whom
he has reasonable grounds to suspect has commited an offence
under this section, and may seize any property that he has
reasonable grounds to suspect is the subject of the offence.
(4) Any person having authority to issue a warrant for the
arrest of a person charged with an offence may, if satisfied by
evidence on oath that a person within his jurisdiction has, or is
reasonably suspected of having, in his posession any property
that is the subject of an offence under this section, issue a
warrant to search for such property as in the case of stolen goods,
and any property suspected to be the subject of such an offence and
found on the search shall be seized by the person executing the
warrant, who shall bring the person in whose possession or custody
the property is found before a magistrate's court.
(5) For the purposes of this section
“acquire” means buy, take in exchange, take in pawn or
otherwise receive, whether apart from this section the
receiving is lawful or not;
“dispose” means sell, give in exchange, pledge or other-
wise hand over, whether apart from this section the hand-
ing over is lawful or not;
“military stores” means any chattel 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 chattel
that had so belonged or had been so issued or held.
(6) For the purposes of subsection (3), property shall be
deemed to be in the posession of a person if he has it under his
control, whether he has it for his own use or benefit or for the use
or benefit of another person.
192. (1) A person commits an offence who
(a) as a plege or a security for a debt; or
(b) with a view to obtaining payment from the person
entitled thereto of a debt due either to himself or to
any other person,
Illegal dealings
in documents.
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receives, detains or has in his posession any official document
issued in connection with the payment to any person of any pay,
pension, allowance, gratuity or other payment payable in respect
of his or any other person's service in the Antigua and Barbuda
Defence Force.
(2) Any person who has in his posession without lawful
authority or excuse, the proof of which lies on him,any docu-
ment mentioned in subsection (1) or any official document
issued in connection with the mobilisation or demobolisation of
the Antigua and Barbuda Defence Force or any member thereof,
commits an offence.
(3) Any person who commits an offence under this section is
liable on summary conviction to a fine not exceeding $500 or to
imprisonment for a term not exceeding three (3) months or both.
(4) For the purposes of this section, a document shall be
deemed to be in the posession of a person if he has it under his
control, whether he has it for his own use or benefit or for the
use or benefit of another person.
193. (1) A person commits an offence under this section if he
(a) wears in a public place, without authority, the uni-
form of the Antigua and Barbuda Defence Force, not
being a member of the Force, or any dress having the
appearance or bearing any of the regimental or other
distinctive marks of any such uniforms;
(b) wears without authority
(i) any uniform or part thereof, or any article of
colthing made from any of the disruptive pat-
tern materials used for making the military
uniform commonly called the "camouflage
uniform" or from any other material so nearly
resembling any of those materials as is likely to
deceive, or
(ii) any uniform or part thereof worn by any mili-
tary organisation of any country, whether in
being or disbanded;
(c) has in his posession without authority
Unauthorised use
of, and dealing
in, decorations,
etc.
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(i) any uniform or part thereof, article of clothing
or material mentioned in sub-paragraph (i) or
(ii) of paragraph (b), or
(ii) any military equipment prescribed by regula-
tions made by the Defence Board;
(d) uses or wears, without authority, any naval, mili-
tary or air force decoration, or any badge, wound
strips or emblem supplies or authorised by the
Defence Board;
(e) uses or wears any decoration, badge, wound stripe
or emblem so nearly resembling any decoration,
badge, stripe or emblem mentioned in paragraph (d),
as to be calculated to deceive; or
(f) falsely represents himself to be a person who is or
has been entitled to use or wear any such decoration,
badge, stripe or emblem.
(2) Nothing in subsection (1) prevents any person from
wearing any uniform or dress in the course of a stage play or
performed in a place duly licensed or authorised for the public
performance of stage plays, or in the course of a music hall or
circus performance.
(3) A person commits an offence under this section if he
(a) purchases or takes in pawn; or
(b) solicits or procures any other person to sell or
pledge, or acts for any person in the sale or pledging
of
any naval, military or air force decoration awarded to any member
of the Antigua and Barbuda Defence Force.
(4) It is a defence for a person charged with an offence under
subsection (3) to prove that at the time of the alleged offence the
person to whom the decoration referred to in that subsection was
awarded was dead or had ceased to be a member of the Antigua
and Barbuda Defence Force.
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General
provisions as to
evidence.
(5) Any person who commits an offence under this section is
liable on summary convinction to a fine of $2000 or to
imprisonmeent for one year.
Provisions as to evidence
194. (1) This section applies to evidence taken in proceedings
under this Act, whether before a court-martial, a civil court or
otherwise.
(2) A document purporting to be a copy of an attestation
paper signed by a person attested and certified to be a true copy
by a person stated in the certificate as having the custody of
attestation papers is evidence of the enlistment of the person
attested.
(3) An attestation paper purporting to be signed by a person
on his enlistment is 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 a specified time or during
a specified period in the Antigua and Barbuda
Defence Force, or was discharged from any part of
that Force at or before a specific time;
(b) held, or did not hold, at a specified time, a specified
rank or appointment in the Antigua and Barbuda
Defence Force, or had at or before a specified time
been attached, posted, or transfered to any part of
the Antigua and Barbuda Defence Force or a speci-
fied time or during a specified period was, or was not,
serving, or held, or did not hold, any rank or appoint-
ment in that Force; or
(c) was, or was not, at a specified time authorised to use
or wear any decoration, badge, wound stripe or
emblem,
is, if purporting to be issued by or on behalf of the Defence Board
or the Chief of Defence Staff, evidence of the matters stated
therein.
(5) A record made in any prescribed service book or other
prescribed document in pursuance of service law or military duty
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and purporting to be signed by the commanding officer or by a
person whose duty it was to make the record is evidence of the
facts stated therein, and a copy of a record, including the
signature thereto, in any such book or other document, purport-
ing 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, is
evidence of the record.
(6) A document purporting to be issued by order of the
Defence Board or the Chief of Defence Staff and containing
instructions or orders given or made by the Defence Board or the
Chief of Defence Staff is evidence that the Defence Board or Chief
of Defence Staff, as the case may be, gave the instructions or made
the orders, and the matters contained therein.
(7) A certificate is evidence of the matters stated therein if it
purports to be issued by or on behalf of the Defence Board and
states
(a) that a decoration of a description specified in, or
annexed to, the certificate is a military, naval or air
force decoration; or
(b) that a badge, wound stripe or emblem of a descrip-
tion specified in, or annexed to, the certificate is one
supplied or authorised by the Defence Board.
(8) A certificate is, in proceedings against any person,
evidence of the matters stated in the certificate
(a) if it purports to be signed by a person's commanding
officer or an officer authorised by the commanding
officer to give the certificate; and
(b) if it states the content of, or any part of, standing
orders or other routine orders of a continuing nature
made for
(i) any formation, unit or body of troops,
(ii) any command or other area, garrison or place,
or
(iii) any vessel, vehicle or aircraft.
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195. (1) Where a person being subject to military law under this
Act was tried before a civil court, whether or not at the time of the
trial he was so subject to military law, a certificate signed by the
Registrar of the court, a Judge, a Magistrate or a Justice of the
Peace and stating
(a) that the person was tried before the court for an
offence specified in the certificate;
(b) the result of the trial; or
(c) the judgement or order given or made by the court,
is, for the purposes of this Act, evidence of the
matters stated in the certificate.
(2) A document purporting to be a certificate under this section
and purporting to be signed by the Registrar of the Court, a Judge,
a Magistrate or a Justice of the Peace, shall, unlesss the contrary
is proved, be deemed to be a certificate under this section.
196. (1) The original record of the proceedings of a court-
martial held under service law purporting to be signed by the
president of the court and produced from lawful custody is
admissible in evidence.
(2) A document purporting to be a copy of the original record
of the proceedings or any part thereof of a court-martial held
under service law and certified by the person having the lawful
custody of the record to be a true copy, is evidence of the contents
of the record or the part to which the document relates, as the case
may be.
(3) This section applies to evidence given in any court,
whether civil or criminal.
Miscellaneous
197. (1) If a person is in military custody when charged with,
or with a view to his being charged with, an offence under Part V
or the corresponding provisions of any other service law, the
superintendent or other person in charge of a civil prison, or the
person in charge of any police station or other place in which
prisoners may be lawfully detained shall, upon delivery to him of
a written order purporting to be signed by the commanding officer
Evidence of
proceedings of
court-martial.
Temporary
reception into
civil custody of
person in
military custody.
Proof of result of
civil trial.
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of the person in custody, receive the person into the custody of
the superintendent, the other person in charge of a civil prison or
the person in charge of any police station or other place in which
prisoners may be lawfully detained , as the case may be, for a
period not exceeding seven (7) days.
(2) For the purposes of this section, “civil prison” has the
meaning assigned to it by section 36.
198. (1) Every assignment of or charge on, and every
agreement to assign or charge, any pay, award, grant, pension
or allowance payable to any person in respect of his or any other
person's service in the Antigua and Barbuda Defence Force is
void.
(2) Subject to this Act, no court may make an order the effect
of which would be to restrain any person from receiving anything
that by virtue of this section he is precluded from assigning and
to direct payment thereof to another person.
(3) Nothing in this section limits the operation of any law
providing for the payment of any sum of a bankrupt's trustee in
bankruptcy for distribution among the bankrupt's creditors.
199. (1) An officer of the Antigua and Barbuda Defence
Force of a rank not below that of major or corresponding rank
(in this section referred to as an “authorised officer”) may, outside
Antigua and Barbuda, take statutory declarations from persons
who are subject to military law under this Act.
(2) A document purporting to be signed by an authorised
officer in persuance of this section and containing in the jurat or
attestation a statement of the date on which, and the place where,
the declaration was taken, and of the full name and rank of the
officer, is admissible in evidence without proof of the signature
or of the facts stated in the document.
PART IX
The Antigua and Barbuda Defence Force Reserve
200. (1) The Antigua and Barbuda Defence Force Reserve
consists of two classes.
Assignment of or
charge on military
pay, pensions, etc.
Composition of
Defence Force
Reserve.
Certain officers
to take statutory
declarations.
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(2) The first class comprises
(a) the officers appointed or transferred to that class;
(b) the soldiers enlisted or deemed to be enlisted or re-
engaged in pursuance of this Part for service in that
class;
(c) the soldier of the second class of the Reserve who
have, after written application made by them in that
behalf to the competent military authority, been
accepted by that authority for service in the first
class; and
(d) the soldiers transferred to the first class pursuant to
section 31.
(3) The second class comprises
(a) the officers appointed or transferred to that class;
(b) the soldiers who are members of that class by virtue
of Part IV;
(c) the soldier enlisted or deemed to be enlisted or to be
re-engaged in pursuance of this Part for service in
that class.
201. (1) The term for which a person may be enlisted in the
Reserve in such a term, beginning with the date of his attestation,
as may be prescribed.
(2) A person enlisted in the Reserve may be attested in the
same manner as a recruit in the regular force; and, except
references in section 34 to the receipt of pay, sections 19, 33, 34
and 35 apply mutatis mutandis, to this Part.
(3) A person enlisting in the Reserve may be attested by an
officer, and, except references in section 34 to the receipt of pay,
sections 19, 33, 34, 35 and 73 apply, mutatis mutandis, to this Part.
(4) Any soldier of the Reserve who has completed, or is within
six months of completing, the term for which he enlisted or re-
engaged in pursuance of this Part, or the term for which he is liable
Enlistment and
re-engagement
in the Reserve.
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to serve in the Reserve under Part IV, as the case may be, may, with
the approval of the competent military authority, re-engage for
such further period of service in the Reserve as is prescribed.
202. (1) Subject to this section, every officer and soldier of the
first class of the Reserve shall
(a) attend for training at such place and for such period
as the Defence Board determines; and
(b) fulfil such conditions relating to training as are
prescribed.
(2) The requirements of this section may be dispensed in
whole or in part
(a) as respect any unit of the first class of the Reserve,
by the Defence Board; and
(b) as respects any individual officer or soldier of the
first class of the Reserve, by his commanding
officer, subject to any general directions of the
Defence Board.
(3) Nothing in this section prevents an officer or soldier of
the Reserve from undergoing voluntary training in addition to
any training referred to in subsection (1).
203. (1) The Defence Board may, when necessary, call out on
temporary service the first class of the Reserve, or as many
officers and soldiers of that class as the Board thinks necessary.
(2) Officers and soldiers called out for service under this
section are not liable to serve for a period exceeding ninety days
at any one time.
(3) No employer shall dismiss or give notice of dismissal to any
employee by reason of the fact that the employee is a member of
the Reserve who is called out under this section.
(4) An employer who contravenes subsection (3) commits an
offence and is liable on summary conviction to a fine not
exceeding $5000 or imprisonment for a term not exceeding two
(2) years, or both.
Training of
Reserve.
Call-out of first
class of Reserve
on temporary
service.
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204. (1) In the event of a state of war being declared or of
insurrection, hostilities or public emergency, the Governor-Gen-
eral may, on the advice of the Prime Minister, by proclamation, direct
that the Reserve, or either class thereof, be called out on permanent
service; and the Defence Board shall act accordingly.
(2) Every officer and soldier of the Reserve when called out
on permanent service is liable to remain on permanent service
until he is otherwise ordered.
205. (1) Where
(a) the whole or any part of the first class of the Reserve
is called out on temporary or permanent service; or
(b) the whole or any part of the second class of the
Reserve is called out on permanent service,
every officer and soldier belonging to such a class, as the case
may be, to the part of any class so called out, shall attend in
person at the place specified.
(2) Where
(a) the first class of the Reserve is called out on tempo-
rary service ; or
(b) the Reserve is called out on permanent service,
the Defence Board shall cause every officer or soldier liable to
such call-out to be served with a notice requiring him to attend
at the time and place specified in the notice.
(3) A notice under subsection (2) may be served on any
officer or soldier
(a) by being delivered to him personally;
(b) by being left at his last known address; or
(c) by being sent by registered post addressed to him at
his last known address.
(4) Any officer or soldier who fails to comply with a notice
served on him pursuant to this section is guilty of an offence.
Attendance at
call-out
Called-out in the
event of war, etc.
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206. Where an officer or soldier of the Reserve is called out on
temporary or permanent service, he shall, for the purpose of
section 212 and paragraph (c) of subsection (1) of section 226, be
deemed to be so called out with effect from the time of his
attendance under section 205 or the time specified in any notice
served under subsection (2) of that section, whichever is earlier.
207. (1) Where any officer or soldier of the Reserve is called
out on temporary or permanent service, the Defence Board may
at the time thereafter give such directions as it thinks fit for
terminating the service of any such officer or soldier.
(2) subsection (1) does not affect the power conferred on the
Defence Board by notice served under section 205 (2), to call out
for further service any officer or soldier whose service has been
terminated by directions given under subsection (1).
208. Every officer and soldier of the reserve may be posted or
attached to any unit of the regular Force or the Reserve
(a) when called out on temporary or permanent service; or
(b) when undergoing training.
209. (1) Any officer or soldier of the Reserve who when called
out fails, without leave having been granted to him or without a
reasonable excuse, to attend at the time and place appointed for
annual camp, or at the time and place specified in any notice
served on him pursuant to section 205(2), is
(a) if called out on permanent service, guilty, according
to the circumstances, of desertion within the mean-
ing of section 51 or of absenting himself without
leave within the meaning of section 52; or
(b) if called out on temporary service for the purpose of
attending annual camp, guilty of absenting himself
without leave within the meaning of section 52.
(2) Any officer or soldier of the Reserve guilty of an offence
under this section
(a) is liable, on conviction by court-martial, to the pen-
alty specified in section 50 or 51, as the case may be;
or
Effective time
of call-out
Termination
Posting or
attachment of
members of
Reserve.
Failure to attend
when called out
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(b) is liable on summary conviction to fine not exceeding
$500 and in default of payment to imprisonment for
a term not exceeding six (6) months.
(3) Section 81 applies to officers and soldiers of the Reserve
who commit an offence against this section as it applies to
officers and soldiers of the regular Force.
(4) Where an officer or soldier of the Reserve fails to appear
at the time and place appointed for training or at the time and
place specified in any notice served on him, pursuant to section
205(2) and his absence continues for not less than 21 days, an
entry of the absence shall be made by an officer in the service
books, and entry is prima facie proof of the facts of the absence.
210. (1) Where any person deliberately makes away with
pawns, or wrongfully destroys or damages, or negligently loses
anything issued to him as an officer or soldier of the Reserve, or
wrongfully refuses or neglects to deliver up on demand anything
issued to him as an officer or soldier, the value thereof is
recoverable from him summarily on complaint by an officer of
the Antigua and Barbuda Defence Force as a debt due to the
Crown, notwithstanding that the amount exceeds the normal
monetary limit on the jurisdiction of a magistrate.
(2) Without affecting the operation of subsection (1), any
person who deliberately makes away with, sells, pawns or
wrongfully destroys anything issued to him as an officer of
soldier of the Reserve is guilty of an offence and liable on
summary conviction to a fine of $1000 or to imprisonment for
twelve (12) months, or both.
211. (1) A soldier of the Reserve, may be discharged by the
competent military authority at any time during the currency of
any term of service in the Reserve upon such gounds as are
prescribed.
(2) A soldier of the Reserve, other than a soldier who is a
member thereof by virtue of Part IV is, unless the class of the
Reserve of which he is a member is called out on permanent
service, entitled to be discharged before the end of his current
term of service if
(a) he gives his commanding officer 6 weeks' notice in
writing of his desire to be discharged; and
Wrongful sale,
etc., of public
property.
Discharge from
Reserve
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(b) he delivers up in good order, fair wear and tear only
excepted, all arms, clothing and equipment, being
public property issued to him, or, in cases where for
any good or sufficient cause the delivery of such
property is impossible, pays the value thereof.
212. (1) Subject to this section, this Act applies to officers and
soldiers of the Reserve.
(2) Where an offence under this Act triable by court-martial
has been committed, or is reasonably suspected of having been
committed, by an officer or soldier of the Reserve during any
period when he was undergoing training, then
(a) in relation to that offence, he may, without affecting
the operation of any other provision of this Act, be
dealt with in accordance with the provisions of this
Act respecting the summary dealing with charges
during any subsequent period of training if pro-
ceedings against him in rspect of the offence are
commenced within 3 months after the date when the
offence is alleged to have been committed; and
(b) section 90(4) does not apply in relation to any pro-
ceedings taken against him in respect of such an
offence.
(3) Where an officer or soldier of the Reserve has been
found guilty of any offence under this Act triable by court-
martial and the offence was committed during any period when
he was undergoing training, then
(a) no fine exceeding $1,000 shall be awarded by a court-
martial in respect of any such offence;
(b) if the charge is dealt with summarily, no fine exceed-
ing $500 may be awarded in respect of any such
offence.
(4) Where
(a) an officer or soldier of the Reserve is, by reason of
anything done or omitted to be done during any
period when he was undergoing training, liable under
Application of
Act to officers
and soldiers of
Reserve.
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PartV or Part VII to pay any fine or any money by way
of compensation for any expense, loss or damage,
whether or not the fine or money is to be recovered
by deductions from his pay;
(b) subsequently to his becoming so liable, he has
ceased to be a member of the Reserve; and
(c) at the time when he ceased to be such a member the
whole or any part of the fine or any sum of money
remains unpaid,
then, the fine or sum of money, or, as the case may be, such part
thereof as remains unpaid, is recoverable summarily on com-
plaint by any officer of the Antigua and Barbuda Defence Force
as a debt due to the Crown, notwithstanding that the amount due
exceeds the normal monetary limit on the jurisdiction of a
magistrate.
(5) Sections 164, 165, 169, 170, 171and 172 apply to officers
and soldiers of the Reserve only when called out on permanent
or temporary service or when serving on the permanent staff of
the Reserve.
(6) Nothing in subsection (3) shall be taken as authorising
the imposition of a fine of an amount in excess of the maximum
amount that may be imposed under the provisions of this Act
other than this section.
PART X
The Antigua and Barbuda Defence Force Coast Guard
213. (1) The officers and soldiers of the Antigua and Barbuda
Defence Force Coast Guard shall
(a) enforce the provisions of every law relating to
(i) the regulation of any harbour or port of Antigua
and Barbuda,
(ii) quarantine,
(iii) immigration,
Special duties of
coast Guard.
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(iv) fisheries,
(v) territorial waters and economic zones,
(vi) safety at sea;
(b) detect and prevent contravention of laws relating to
revenue and customs;
(c) prevents persons from boarding, holding or climb-
ing on to any vessel without the permission of the
master of the vessel, and, if necessary, remove any
such person from the vessel.
(2) For the purposes of carrying out their duties, the members
of the Antigua and Barbuda Defence Force Coast Guard have
the same powers, authorities, immunities and privileges as are
conferred by law on members of the Police Force.
(3) The power conferred on the Coast Guard by this section
does not affect the power conferred on the Royal Antigua and
Barbuda Police Force.
214. Any person who, being subject to military law under this
Act, causes or allows to be lost, stranded or hazarded any ship
belonging to the Force or being used by the Force is liable, if he
acts wilfully or with wilful neglect, to imprisonment for any term
or less punishment, and in any case to imprisonment for two (2)
years or less punishment.
215. (1) Any person who
(a) being subject to military Law under this Act;
(b) being attached to any ship of the Antigua and
Barbuda Defence Force; and
(c) being in the presence of the enemy or under orders
to be prepared for action by or against the enemy,
abandons his post improperly, or sleeps while on watch, is guilty
of an offence and liable on conviction by court-martial to impris-
onment for any term or less punishment.
Hazarding or
loss of ship.
Sleeping on
watch or
abandoning post
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216. (1) An officer or soldier in command of any ship of the
Antigua and Barbuda Defence Force may
(a) cause any vessel within the territorial waters or in any
port, harbour, bay, river, roadstead or creek in Antigua
and Barbuda that he suspects is being used or em-
ployed in any unlawful operation or enterprise, to be
boarded, or stopped and boarded and searched;
(b) search any vessel,and, after demand and refusal of
any key, break open any receptacle or break down
any door, if he reasonably suspects that there is on
board the vessel any property that has been stolen
or unlawfully obtained, or any article prohibited to be
exported or imported;
(c) direct, for the purposes of any lawful examination,
investigation or inquiry, that the vessel be taken to
such place as he specifies;
(d) remain on board any such vessel for such reasonable
time as he thinks necessary;
(e) deliver any property that he reasonably suspects to
have been stolen or unlawfully obtained, or any
article prohibited to be imported or exported, and the
person in whose posession it is found, with all
practicable speed, into the custody of a constable to
be dealt with in according to law.
(2) Any officer or soldier acting in the execution of any of the
provisions of this section may
(a) pursue and arrest without warrant, whether he has
landed or not, any person upon reasonable suspi-
cion on having committed or being about to commit
a criminal offence; and
(b) take such steps as are reasonably justified in the
circumstances of the case in order to compel compli-
ance with any directions given in pursuance of any
such provisions.
(3) No officer or soldier is liable for any loss or damage to any
vessel referred to in subsection (1), or any loss or injury to any
Powers in
respect of
vessels
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person on board any such vessel, occasioned in the execution of
his duty.
(4) Any person who
(a) assaults, obstructs, resists or wilfully delays an
officer or soldier acting in pursuance of this section;
or
(b) fails to comply, without reasonable excuse, the proof
of which lies on him, with any directions given in
pursuance of this section,
is guilty of an offence and liable on summary conviction to a fine
not exceeding $1000, or imprisonment for a term not exceeding
twelve (12) months, or both.
217. For the purpose of this Act the The Merchant Shipping
(Distress Signals and Prevention of Collisions) Regulations 1996
apply mutatis mutandis in Antigua and Barbuda.
218. (1) Any member of the Coast Guard may, in pursuance of
his duties, arrest without a warrant any person who commits an
offence against any enactment specified in the Third Schedule.
(2) An officer or a soldier who arrests any person pursuant to
subsection (1) shall deliver the person to a constable to be dealt
with according to law.
PART XI
Antigua and Barbuda National Cadet Corps
219. For the purposes of this Part
“authorised secondary school” means a secondary school
recommended by the Ministry of Education and approved
by the Defence Board as a school from which pupils may
be enrolled in the Antigua and Barbuda National Cadet
Corps;
“independent company” means a company not attached
to a school, but administered direct from Headquarters of
the Antigua and Barbuda Defence Force.
Application of
S.I. 1965 No.
1525 U.K.
Power of arrest.
Third Schedule.
Interpretation.
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220. The Antigua and Barbuda National Cadet Corps con-
sists of two types of units, comprised of
(a) school companies of pupils of authorised secondary
schools enrolled with the approval of the headmas-
ter, and of the officers commanding those compa-
nies;
(b) independent companies of persons enrolled with the
approval of the officers commanding the companies.
221. (1) No person under the age of 12 years may be enrolled
in the Antigua and Barbuda National Cadet Corps.
(2) A person who desires to enrol in the Cadet Corps shall be
given a notice in the prescribed form setting out the general
conditions of enrolment; and the officer commanding shall not
enrol any such person unless satisfied that the person under-
stands the notice and wishes to be enrolled.
(3) No person may be enrolled unless consent to his enrolment
is given in the prescribed manner by his parent or guardian.
222. The command and training of the units of the Antigua and
Barbuda National Cadet Corps are the responsibility of the
officers and Non-commissioned officers of the Antigua and
Barbuda Defence Force who are posted or attached to the Cadet
Corps.
223. Subject to this Act, the Defence Board may make regu-
lations with respect to
(a) the length of service and maximum age of cadets;
(b) the sizes, establishment and organisation of school
and independent companies
(c) the disciplinary code to be followed in respect of
cadets, which must be prepared in collaboration with
the Ministry of Education and the headteachers of
the schools;
(d) the safety of Government property, and penalties for
loss or damage thereto;
Enrolment in
Cadet Corps.
Composition of
Antigua and
Barbuda
National Cadet
Corps.
Command and
training of
Cadet Corps.
Regulations for
Cadet Corps.
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(e) the orders of dress to be worn by cadets;
(f) the establishment, terms of reference and functions
of a Cadet Advisory Committee;
(g) the programme of training, projects and qualifica-
tion tests to be undertaken by cadets;
(h) discharge of cadets;
(i) inspection of cadet companies;
(j) attendance at training and other parades;
(k) any other matters necessary for the good manage-
ment of the cadet corps.
224. In the event of a public emergency the Governor-
General may, on the advice of the Prime Minister, by proclama-
tion, direct that the Cadet Corps or any part thereof be called out
for service in aid of the civil community, but no cadet may be
required to bear arms.
225. Any parent or guardian, having given consent for his
child or ward to be enrolled as a cadet, and having accepted
liability for any uniform and equipment issued at any time to the
child or ward, is liable for such uniform and equipment, and
section 210 applies to the parent or guardian as if he were an
officer or soldier of the Reserve.
PART XII
Application of Act and Supplementary Provisions
226. (1) Subject to section 215, this Act applies to the
following persons, whether they are within or outside Antigua
and Barbuda
(a) officers and soldiers of the regular Force;
(b) officers and soldiers when attached to the Antigua
and Barbuda Defence Force or any part thereof;
Call-out of
Cadet Corps in
emergency.
Parent liable for
uniform and
equipment.
Persons subject
to military law
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(c) officers and soldiers of the Reserve when called out
on permanent or temporary service, or when under-
going or performing any training or other duty,
whether in pursuance of an obligation or not.
(2) This Act applies to the persons subject thereto and in
relation to the Antigua and Barbuda Defence Force, as well
outside as within Antigua and Barbuda.
227. (1) Subject to this section, where any unit is on active
service, Part V applies to any person
(a) employed in the service of that unit, or any part, or
member thereof; or
(b) accompanying such unit or any part thereof,
who is not subject to service law, as it applies to soldiers who are
subject to military law under this Act.
(2) The following apply to any person referred to in subsec-
tion (1)
(a) the punishments that may be awarded by a court-
martial include a fine, but do not include any other
punishment less than imprisonment;
(b) the punishment that may be awarded where a
charge is dealt with summarily is, in the case of any
offence, a fine not exceeding $500, but no other
punishment;
(c) he may be arrested
(i) by a provost officer,
(ii) by a warrant officer or non-commissioned of-
ficer legally exercising authority under a pro-
vost officer or on his behalf; or
(iii) by order of any officer who is subject to service
law;
(d) where a charge is being dealt with summarily and the
accused is found guilty, a finding shall not be re-
Application of
Act to civilians.
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corded until after the accused has been afforded an
opportunity of electing to be tried by court-martial,
and if the accused so elects, a finding shall not be
recorded, but the prescribed steps shall be taken to
have the charge tried by court-martial;
(e) the provisions of this Act relating to the investiga-
tion of, and summary dealing with, offences apply to
such persons as they apply to soldiers;
(f) for the purposes of the provisions of this Act relating
to the investigation of offences, the commanding
officer shall be such officer as is appointed by the
officer authorised to convene a court-martial;
(g) for references in sections 130 and 131 to being,
continuing, or ceasing to be, subject to this Act
there shall be substituted references to being, continu-
ing to be, or ceasing to be in such circumstances that
Part V applies, and section 130 (3) does not apply.
(3) Any fine awarded by virtue of this section, whether by a
court-martial or a commanding officer, is recoverable as a debt
due to the Crown in civil proceedings before a magistrate for
District "A" by any officer of the Antigua and Barbuda Defence
Force, notwithstanding that it exceeds the normal monetary limit
on the jurisdiction of a magistrate.
228. The Army Act, 1955, the Air Force Act, 1955, and the
Naval Discipline Act, 1957, and all amendments to those Acts
have effect in Antigua and Barbuda in respect of any matter for
which this Act does not provide.
229. (1) Notwithstanding any other provision of this Act
relating to the making of regulations by the Defence Board, the
Defence Board may make regulations
(a) for the good government and organisation of the
Antigua and Barbuda Defence Force;
(b) prescribing matters authorised or required by this
Act to be prescribed; and
(c) for the better carrying out of the provisions of this
Act.
Regulations for
the Government
etc. of the
Antigua and
Barbuda Defence
Force.
Application of
U.k legislation 3
& 4 Eliz. 2 C.19
5 & 6 Eliz. 2.
C.53.
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(2) Regulations made under this section may provide for
(a) the enlistment of persons into, and the discharge of
persons from, the regular Force, and generally for the
carrying into effect of Part IV, including the prescrib-
ing of the necessary forms and the administration of
oaths and affirmations;
(b) determining to what extent and under what condi-
tions colour service in a Commonwealth Force,
other than the Antigua and Barbuda Defence Force,
may be counted as colour service in the regular
force;
(c) the pay, allowances, pensions and gratuities of
officers and soldiers and of their dependants surviv-
ing them, and the deductions therefrom and the
forfeiture thereof, including the reckoning for pay,
pensions and gratuities, of service in a common-
wealth Force, other than the Antigua and Babuda
Defence Force, prior to the commencement of ser-
vice in that Force;
(d) the description, supply, use and disposal of arms
accoutrements, clothing and other stores;
(e) the enlistment of persons into, and the discharge of
persons from, the Reserve, including the prescrib-
ing of the necessary forms and the administration of
oaths and affirmations;
(f) the calling out of officers and soldiers of the Reserve
on temporary or permanent service, and for training,
including the manner in which notification of the
places and times appointed for training is to be given;
(g) requiring officers and soldiers of the Reserve to
report to their commanding officers, and generally for
the carrying into effect of Part IX; and
(h) prohibiting, restricting and regulating the holding of
meetings within the limits of any camp or othermilitary
establishment, and the admission thereto of civilians
for the purpose of holding, addressing or attending
any such meeting.
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(3) Regulations made under this section with respect to
salaries, allowances, pensions or gratuities are subject to nega-
tive resolution.
(4) Regulations referred to in subsection (3) may be given
retrospective effect.
230. Unless otherwise prescribed by regulations, any order,
determination, direction or appointment 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, determination,
direction or appointment 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.
231. (1) Where the Chief of Defence Staff is removed from
office in accordance with section 174 he shall be deemed to have
retired and is entitled to immediate payment of pension and other
retiring allowances.
(2) For the purposes of subsection (1), the Chief of Defence
Staff shall be deemed to have retired at the age appropriate to his
rank.
232. (1) The Defence Board may appoint such civilian staff as
the Board deems necessary to carry out certain duties within the
Defence Force.
(2) Subject to subsection (3), staff appointed pursuant to
subsection (1) are subject to such terms and conditions of
service as the Defence Board prescribes by regulations.
(3) The Pensions Act and the Pensions Regulations, apply,
with the necessary modifications, to staff appointed under this
section.
233. (1) For the purposes of this Act, all regulations made
under the Army Act, 1955, the Queen's Regulations, and all the
amendments thereto
(a) have effect in Antigua and Barbuda;and
Execution of or-
ders, instruments,
etc.
Retirement of
Chief of Defence
Staff in certain
cases
Civilian staff.
Application of
regulations made
under Army Act,
1955 3 & 4 Eliz
2c.18
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(b) apply mutatis mutandis for the purpose of giving the
necessary effect to this Act,
until regulations are made under this Act in substitution therefor.
(2) In this section the “Queen's Regulations” has the meaning
assigned to it by section 225 (1) of the Army Act, 1955 of the United
Kingdom.
234. The Explosives Act and the Firearms Act do not apply
to the Antigua and Barbuda Defence Force].
235. (1) “Subject to subsection (2) the Defence Act, Cap. 132
is repealed.
(2) All Statutory Instruments made under the Defence Act,
Cap. 132 shall remain in force with any necessary changes until
such time as they are revoked by instruments made under this
Act.”
Certain Acts not
to apply.
FIRST SCHEDULE
(Section 14 (3)
FORM OF QUEEN'S COMMISSION
I ...................................................... Governor-General of Antigua and
Barbuda acting under command of Her Majesty Queen Elizabeth the Second
do give to .........................................................Greetings and reposing
especial trust in your loyalty, courage and good conduct, do by these presents
constitute and appoint you to be an officer in the Antigua and Barbuda Defence
Force (for ........................... years)* from the .....................day of
......................................................... 20..................
You are therefore carefully and diligently to discharge your duty as such an
officer in the rank of ................................................................................
or in such other rank as you are in such manner and on such occasion to
exercise and well discipline in their duties such officers and soldiers as may
be placed under your orders from time to time and use your best endeavours
to keep them in good order and discipline. I do hereby command all such
officers and soldiers to obey you as their superior officers, and you to observe
and follow such orders and directions as from time to time you shall receive from
Transitional
provision.
No. 10 of 2006. The Defence Act, 2006. 127 ANTIGUA
AND
BARBUDA
me or any of your superior officers in pursuance of the trust hereby reposed in
you.
Given at ...............................................................................................................
this....................day of...................................................................20.......................
* to be committed in the case of a commission granted for an indefinite period.
Alternative OffenceOffence Charged
Any offence against section 37(2).
Any offence against section 38(2).
Any offence against section 45(2).
Disclosing information without author-
ity.
(a) Using violence to his supe-
rior officer otherwise than
by striking him.
(b) Offering violence to his su-
perior officer.
Offering violence to his superior officer.
1. Any offence against section 37(1).
2. Any offence against section 38(1).
3. Any offence against section 45(1).
4. Communicating with or giving intel-
ligence to the enemy with intent to
assist the enemy or without authority.
5. Striking his superior officer.
6. Using violence to his superior officer
otherwise than by striking him.
SECOND SCHEDULE
(Section 108(4))
Alternative Offences of which accused
may be convicted by court-martial
The Defence Act, 2006. No. 10 of 2006.ANTIGUA
AND
BARBUDA
128
SECOND SCHEDULE (Cont'd)
Offence Charged Alternative Offence
13. Any offence against section 66(1).
14. Any offence against section 67(1)
involving striking.
15. Any offence against section 67 in-
volving the use of violence other than
striking.
Any corresponding offence involving
the use of violence other than striking.
(a) The corresponding offence
involving the use of vio-
lence other than striking.
(b) The corresponding offence
involving the offering of
violence.
The corresponding offence involving
the offering of violence.
7. Using threatening language to his
superior officer.
8. Disobeying a lawful command given
or sent to him personally in such man-
ner as to show wilful defiance of au-
thority.
9. Desertion.
10. Attempting to desert.
11. Stealing property.
12. Any offence against section 58
committed wilfully.
Using insubordinate language to his
superior officer.
Disobeying a lawful command.
Absence without leave.
Absence without leave.
Fraudulently misapplying property.
The corresponding offence cause
through negligence.
Alternative OffenceOffence Charged
No. 10 of 2006. The Defence Act, 2006. 129 ANTIGUA
AND
BARBUDA
____________
Printed at the Government Printing Office, Antigua and Barbuda,
by Eric T. Bennett, Government Printer
—By Authority, 2006.
800—10.06 [ Price $48.80 ]
THIRD SCHEDULE
(Section 218 (1))
Merchant Shipping Act
Misuse of Drugs Act
Proceeds of Crime Act
Money Laundering Prevention Act
Terrorism Prevention Act
Fisheries Act
Immigration and Passport Act.
Passed the House of Representatives this
2nd day of August, 2006.
D. Giselle Isaac-Arrindell,
Speaker.
Yvonne Henry,
Clerk to the House of Representatives.
Passed the Senate this 23rd day
of August, 2006.
Hazlyn M. Francis,
President.
Yvonne Henry,
Clerk to the Senate.
ANTIGUA AND BARBUDA
THE DEFENCE ACT, 2006
ARRANGEMENT OF SECTIONS
PART I
Preliminary
1. Short title.
2. Interpretation.
3. Active service.
4. Establishment and maintainance of Force.
5. Powers of officers, Petty Officers and men of the Coast Guard.
6. Duties of Defence Force.
7. Formation unto units.
8. Employment of Defence Force outside Antigua and Barbuda.
9. Overseas training.
PART II
Antigua and Barbuda Defence Force
10. Establishment of Defence Board.
11. Membership of Defence Board.
12. Secretary.
13. Performance of functions of Defence Board.
PART III
Officers
14. Commissions.
15. Power to grant commission
16. Appointment and transfer of officers.
17. Power to make regulations for this Part.
PART IV
Enlistment and Terms of Service in Regular Force
Enlistment
18. Interpretation.
19. Recruiting Officer.
20. Enlistment.
Terms and Conditions of Service
21. Term of enlistment.
22. Re-engagement and continuance of service.
23. Extension.
Discharge and Transfer to the Reserve
24. Discharge.
25. Transfer to the Reserve.
26. Postponement of discharge or transfer pending proceedings for offences etc.
27. Restrictions on reductions in rank of warrant officer and non-commissioned
officer.
28. Right of warrant officers to discharge on reduction in rank.
29. Discharge upon prescribed grounds.
30 Right of soldier to purchase discharge.
31. Further provisions relating to purchase of discharge or transfer.
32. Service after training course.
Miscellaneous and Supplementary Provisions
33. Rules for reckoning service.
34. Validity of attestation and enlistment.
35. False answers in attestation papers.
PART V
DISCIPLINE AND TRIAL AND PUNISHMENT OF
MILITARY OFFENCES
Treachery, cowardice and Offences Arising out of
Military Service
36. Interpretation.
37. Aiding the enemy.
38. Communicating with the enemy.
39. Cowardice.
40. Offences against morale.
41. Becoming a prisoner of war through disobedience or wilful neglect, and failure
to rejoin forces.
42. Offences by, or in relation to sentries.
43. Looting.
44. Obstructing operations, giving false air signals.
Mutiny and Insubordination
45. Mutiny.
46. Failure to suppress mutiny.
47. Insubordinate behaviour.
48. Disobedience to particular orders.
49. Obstruction of provost officer.
50. Disobedience to standing orders.
Desertion, absence without leave, etc.
51. Desertion.
52. Absence without leave.
53. Assisting and concealing desertion and absence without leave.
54. Failure to perform military duties.
Malingering and drunkenness
55. Malingering.
56. Drunkenness.
57. Fighting, threatening words, etc.
Offences relating to property
58 Public or service property.
59. Property of members of Force.
60. Other offences relating to property.
Flying, etc., offences
61. Loss or hazarding of ship.
62. Dangerous flying, etc.
63. Inaccurate certification of aircraft, etc.
64. Low flying and annoyance by flying.
Offences relating to, and by, persons in custody
65. Irregular arrest and confinement.
66. Permitting escape and unlawful release of prisoners.
67. Resisting arrest.
68. Escape.
Offences relating to court-martial and civil authorities
69. Offences relating to court-martial.
70. False statement.
71. Obstructing police officer, arresting officer or soldier.
Miscellaneous Offences
72. Disclosing information.
73. False answers on enlistment.
74. False document.
75. Scandalous conduct of officer.
76. Ill-treatment of officers or men of inferior rank.
77. Disgraceful conduct.
78. False accusation.
79. Attempts to commit military offences.
80. Conduct to prejudice of military discipline.
Civil Offences
81. Civil offences.
82. Punishment of officers.
83. Punishment of soldier.
84. Field punishment.
85. Imprisonment where no term specified.
Arrest
86. Power of arrest.
87. Avoidance of delay after arrest.
Investigation of, and summary dealing with, charges
88. Investigation of charges by commanding officer.
89. Charges to be dealt with summarily or by court-martial.
90. Further proceedings on charges against non-commissioned officer and soldier.
91. Charges against officers and warrant officers.
92. Dismissal of charges referred to a higher authority.
93. Commanding officer and appropriate superior authority.
94. Limitation on powers as to the summary dealing with charges.
Court-martial: general provisions
95. Trial by, and powers of, ordinary court-martial.
96. Trial by, and powers of, field court-martial.
97. Officers who may convene courts-martial.
98. Constitution of ordinary court-martial.
99. Constitution of field court-martial.
100. Supplementary provisions.
101. Place for siting of court-martial.
Court-martial: Provisions relating to trial
102. Challenges by accused.
103. Administration of oaths.
104. Court-martial to sit in open court.
105. Dissolution of court-martial.
106. Decision of court-martial.
107. Finding and sentence.
108. Power to convict of offence other than that charged.
109. Rules of evidence.
110. Privileges of witnesses and others at court-martial.
111. Offences by civilians in relation to court-martial.
112. Affirmations.
Confirmation, revision and review of proceedings of
court-martial
113. Confirmation of proceedings of court-martial.
114. Petition against finding or sentence.
115. Revision of findings of court-martial.
116. Power of confirming authorities.
117. Confirming authorities.
118. Approval of sentence of death by Governor-General.
119. Review of findings and sentences of court-martial.
120. Reconsideration of sentences.
Review of Summary Findings and Awards
121. Review of summary findings and awards.
Findings of insanity, etc.
122. Where accused found insane.
Commencement, suspension and duration of sentence
123. Commencement of sentence.
124. Sentence of imprisonment or detention.
125. Restriction on serving of sentence of detention in prison.
126. Confinement in civil prison.
127. Special provisions respecting sentences outside Antigua and Barbuda.
128. Country in which sentence of imprisonment or detention may be served.
129. Duty of officers in charge of prisons to receive prisoners.
130. Trial and punishment of offences where offenders ceases to be subject to this
Act.
131. Limitation of time for trial of offences under this Act.
Relations between military and civil courts and finality of trials
132. Powers of civil courts.
133. Persons not to be tried under this Act for offences already disposed of.
Inquiries
134. Board of inquiry.
135. Inquiries into absence.
Miscellaneous
136. Restitution or compensation for theft, etc.
137 Appointment of Judge Advocate.
138. Promulgation.
139. Custody of proceedings of court-martial and right of accused to a copy
thereof.
140. Indemnity for prison officers, etc.
141. Rules of procedure.
142. Imprisonment and detention regulations.
143. Board of inquiry rules.
144. Regulations.
PART VI
Appeals from court-martial
145. Right of appeal.
146. Leave to appeal.
147. Determination of appeal in ordinary cases.
148. Power of Court of Appeal in certain cases.
149. Commencement of sentence.
150. Appeal final.
151. Proceeding in absence of appellants.
152. Appellant may present his case in writing.
153. Suspension of sentence of death.
154. Person not to be tried twice for same offence.
155. Removal of prisoners for registration.
156. Furnishing on appeal of documents relating to trial.
157. Application for registration.
158. Registrar to furnish forms, etc.
159. Saving of powers of reviewing authority.
160. Exercise of certain powers of Court of Appeal by a single Judge.
161. Refusal of application.
162. General provisions as to procedure.
PART VII
Forfeiture and Deduction
163. Forfeiture and deduction.
164. Forfeiture of pay.
165. Deduction for payment of civil penalty.
166. Compensation for loss caused by wrongful act or negligence
167. Deduction for barrack damage.
168. Review of orders and remission of forfeiture and deduction.
169. Enforcement of maintainance and affiliation orders.
170. Maintainance of spouse or child.
171. Limit of deduction under 169 and 170 and effect on forfeiture.
172. Service of process in maintainance proceedings.
PART VIII
GOVERNMEN AND GENERAL PROVISIONS
Command
173. Precedence.
174. Command of Force.
175. Regulations respecting command.
176. Powers of command of member of co-operating forces.
Redress of Complaints
177. Complaints by officers.
178. Complaints by soldiers.
Exemptions for officers and soldiers
179. Exemption from jury service.
180. Exemption from tolls, etc.
181. Service property not to be taken in execution.
182. Arrest of deserters and persons absent without leave.
183. Proceedings before a civil court where person suspected of illegal absence.
184. Deserters and persons absent without leave surrendering to police.
185. Certificate of arrest or surrender of deserters and absentees
186. Superintendents of prisons and others to receive deserters and absentees.
Offences relating to military matters punishable
by civil courts
187. Penalty for pretending to be deserter.
188. Penalty for procuring and assisting desertion.
189. Penalty for obstructing officers or soldiers in execution of their duty.
190. Penalty for aiding malingering.
191. Unlawful purchase, etc., military stores.
192. Illegal dealings in documents.
193. Unauthorised use of, and dealing in, decorations, etc.
Provisions as to evidence
194. General provisions as to evidence.
195. Proof of proceedings of court-martial.
196. Evidence of proceedings of court-martial.
Miscellaneous
197. Temporary reception into civil custody of person in military custody.
198. Assignment of or charge on military pay, pensions, etc.
199. Certain officers to take statutory declarations.
PART IX
The Antigua and Barbuda Defence Force Reserve
200. Composition of Defence Force Reserve.
201. Enlistment and re-engagements the Reserve.
202. Training of Reserve.
203. Call-out of first class of Reserve on temporary service.
204. Called-out in the event of war, etc.
205. Paid-up policies.
206. Effective time of call-out.
207. Termination of service.
208. Posting or attachment of members of Reserve.
209. Failure to attend when called out.
210. Wrongful sale, etc., of public property.
211. Discharge from Reserve.
212. Application of Act to officers and soliders of Reserve.
PART X
The Antigua and Barbuda Coast Guard
213. Special duties of Coast Guard.
214. Hazarding or loss of ship.
215. Sleeping on watch or abandoning post.
216. Powers in respect of vessels.
217. Application of S.I. 1965 No. 1525 U.K.
218. Power of arrest.
PART XI
Antigua and Barbuda Cadet Corps
219. Interpretation.
220. Composition of Antigua and Barbuda Cadet Corps.
221. Enrolment in Cadet Corps.
222. Command and training of Cadet Corps.
223. Regulations for Cadet Corps.
224. Call-out of Cadet Corps in emergency.
225. Parent liable for uniform and equipment.
PART XII
Application of Act and Supplementary Provisions
226. Persons subject to military law.
227. Application of Act to civilians.
228. Application of U.K. legislation 3 & 4 Eliz. 2. C. 195 & 6 Eliz. 2. C. 53.
229. Regulations for the government etc. of the Antigua and Barbuda Defence
force.
230. Execution of orders, instruments, etc.
231. Retirement of Chief of Defence Staff in certain cases.
232. Civilian staff.
233. Application of regulations made under Army Act 1955. 3 & 4 Eliz 2. C. 18.
234. Certain Acts not to apply.
235. Transitional Provision
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
