Chapter 15:01 - Defence

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/507-chapter-1501-defence/file

L.R.O. 1/2012
LAWS OF GUYANA
DEFENCE ACT
CHAPTER 15:01
Act
24 of 1966A
Amended by
4 of 1974 O. 15/1970
12 of 1974 O. 93/1978
32 of 1975 O. 12/ 1979
12 of 1992 O. 34/1983
1 of 2011 Reg. 14/1974
Reg. 1/1979
Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 - 443 1/2012
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Index
of
Subsidiary Legislation
Page
Defence (Officers) Regulations 184
(Reg. 2 /1967, O. 80/1980, Reg. 8/1985)
Guyana Defence Force (Oaths of Officers) Regulations 186
(Reg. 24/1974)
Guyana Defence Force (Oaths of Soldiers) Regulations 187
(Reg. 24/1972)
Defence (Pensions & Gratuities) Regulations 188
(Reg. 14/1974, 16/1981, 22/1981, 12/1992)
Defence Rules of Procedure 207
(R. 1/1977)
Defence (Imprisonment & Detention) Regulations 352
(Reg. 13/1977)
Defence (Board of Inquiry) Rules 432
(R. 1/1979)
Defence (Compensation for Loss of Property) Regulations 442
(Reg. 1/1979)

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CHAPTER 15:01
DEFENCE ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
3. Provisions as to active service.
4. Establishment of Guyana Defence Force.
5. Employment of Defence Force.
6. Formation into units.
7. Employment of Defence Force outside Guyana.
8. Overseas training.
PART II
GUYANA DEFENCE BOARD
9. Establishment of Defence Board.
10. Membership of Defence Board.
11. Secretary of Defence Board.
12. Performance of functions of Defence Board.
PART III
OFFICERS
13. Power to grant commissions.
14. Commissions Board.
15. Appointment and transfer of officers.
16. Power to make regulations for this Part.
PART IV
ENLISTMENT AND TERMS OF SERVICE IN THE REGULAR FORCE
Enlistment

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17. Recruiting officers.
18. Enlistment.
Terms and Conditions of Service
19. Terms of enlistment.
20. Re-engagement and continuance of service.
21. Prolongation of service.
Discharge and Transfer to the Reserve
22. Discharge.
23. Transfer to the Reserve.
24. Postponement of discharge or transfer pending proceedings for offences, etc.
25. Restrictions on reduction in rank of warrant officers and non-commissioned
officers.
26. Right of warrant officer to discharge on reduction in rank.
27. Discharge upon prescribed grounds.
28. Right of soldier to purchase discharge.
Miscellaneous and Supplementary Provisions
29. Rules for reckoning service.
30. Validity of attestation and enlistment.
31. False answers in attestation papers.
32. Interpretation.
PART V
DISCIPLINE AND TRIAL AND PUNISHMENT OF MILITARY
OFFENCES
Treachery, Cowardice and Offences Arising out of Military Service
33. Aiding the enemy.
34. Communication with the enemy.
35. Cowardly behaviour.
36. Offences against morale.
37. Becoming a prisoner of war through disobedience or wilful neglect; and
failure to rejoin forces.
38. Offences by or in relation to sentries, etc.
39. Sleeping on watch or abandoning post.
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SECTION
40. Looting.
Mutiny and Insubordination
41. Mutiny.
42. Failure to suppress mutiny.
43. Insubordinate behaviour.
44. Disobedience to particular orders.
45. Obstruction of provost officers.
46. Disobedience to standing orders.
Desertion, Absent Without Leave, etc.
47. Desertion.
48. Absence without leave.
49. Assisting and concealing desertion and absence without leave.
49A. Amnesty granted to soldiers
50. Failure to perform military duties.
Malingering and Drunkenness
51. Malingering.
52. Drunkenness.
Offences Relating to Property
53. Offences in relation to public and service property.
54. Offences in relation to property of members of forces.
55. Miscellaneous offences relating to property.
Offences Relating to Ships and Aircraft
56. Dangerous flying, loss or hazarding of ships.
57. Inaccurate certification of aircraft, etc.
58. Low flying.
59. Annoyance by flying.
Offences Relating to, and by, Persons in Custody
60. Irregular arrest and confinement.
61. Permitting escape, and unlawful release of prisoners.
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SECTION
62. Resistance to arrest.
63. Escape from confinement.
Offences in relation to Courts-Martial and Civil Authorities
64. Offences in relation to courts-martial.
65. False evidence.
66. Obstruction of policeman arresting officer or soldier.
Miscellaneous Offences
67. Injurious disclosures.
68. Making of false statements on enlistment.
69. Making of false documents.
70. Scandalous conduct of officer.
71. Ill-treatment of officers or men of inferior rank.
72. Disgraceful conduct.
73. False accusation.
74. Attempts to commit military offences.
75. Conduct to prejudice of military discipline.
Civil Offences
76. Civil offences.
Punishments
77. Punishment of officers.
78. Punishment of soldiers.
79. Field punishment.
80. Imprisonment.
Arrest
81. Power to arrest offenders.
82. Provisions for avoiding delay after arrest.
Investigation of, and Summary Dealing with Charges
83. Investigation of charges by commanding officer.
84. Charges to be dealt with summarily or by court-martial.
85. Further proceedings on charges against non-commissioned officers and
soldiers.
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SECTION
86. Further proceedings on charges against officers and warrant officers.
87. Dismissal of charges referred to higher authority.
88. Officers who are to act as commanding officers and appropriate superior
authorities.
89. Limitation on powers of summary dealing with charges.
Court-Martial: General Provisions
90. Trial by, and powers of, ordinary court-martial.
91. Trial by, and powers of, field court-martial.
92. Officers having powers to convene courts-martial.
93. Constitution of ordinary courts-martial.
94. Constitution of field courts-martial.
95. Supplementary provisions as to constitution of courts-martial.
96. Place for sitting of courts-martial and adjournment to other places.
Courts-Martial: Provisions Relating to Trial
97. Challenges by accused.
98. Administration of oaths.
99. Courts-martial to sit in open court.
100. Dissolution of courts-martial.
101. Decisions of courts-martial.
102. Finding and sentence.
103. Power to convict of offence other than that charged.
104. Rules of evidence.
105. Privilege of witnesses and others at courts-martial.
106. Offences by civilians in relation to courts-martial.
107. Affirmations.
Confirmation, Revision and Review of Proceedings of Courts-Martial
108. Confirmation of proceedings of courts-martial.
109. Petition against finding or sentence.
110. Revision of findings of court-martial.
111. Powers of confirming authorities.
112. Confirming authorities.
113. Approval of death sentence by President.
114. Review of findings and sentences of courts-martial.
115. Reconsideration of sentences of imprisonment and detention.

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Review of Summary Findings and Awards
116. Review of summary findings and awards.
Findings of Insanity, etc.
117. Provisions where accused found insane.
Commencement, Suspension and Duration of Sentences
118. Commencement of sentences.
119. Duration of sentences of imprisonment or detention.
120. Restrictions on serving of sentences of detention in prisons.
121. Special provisions as to civil prisons in Guyana.
122. Special provisions as to carrying out or serving of sentences outside
Guyana.
123. Country in which sentence of imprisonment or detention to be
served.
124. Duties of officers in charge of prisons and others to receive
prisoners.
Trial of Persons ceasing to be subject to military law under this
Act and time limited for trials
125. Trial and punishment of offences under this Act notwithstanding
offender ceasing to be subject thereto.
126. Limitation of time for trial of offences under this Act.
Relations between Military and Civil Courts and Finality of Trials
127. Powers of civil courts.
128. Persons not to be tried under this Act for offences already disposed
of.
Inquiries
129. Boards of Inquiry.
130. Inquiries into absence.

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SECTION
Miscellaneous Provisions
131. Restitution or compensation for theft, etc.
132. Appointment of judge advocates.
133. Promulgation.
134. Custody of proceedings of court-martial and right of accused to a
copy thereof.
135. Indemnity for prison officers, etc.
Interpretation of this Part
136. Interpretation of Part V.
Rules of Procedure, etc.
137. Rules of Procedure.
138. Imprisonment and Detention Regulations.
139. Board of Inquiry Rules.
140. Miscellaneous regulations.
141. Section 140 (c) and (d) not to prejudice powers under sections 137,
138 and 139.
PART VI
APPEALS FROM COURTS-MARTIAL
142. Right of appeal.
143. Procedure for applying for leave to appeal or lodging appeal.
144. Determination of appeals in ordinary cases.
145. Powers of Court of Appeal in special cases.
146. Commencement of sentence.
147. Appeals to be final.
148. Proceedings may be heard in absence of appellants.
149. Defence of appeals.
150. Right of appellant to present his case in writing.
151. Suspension of death sentence.
152. Person not to be tried again where conviction quashed.
153. Removal of prisoners for purposes of this Part.
154. Furnishing, on appeal, of documents relating to trial.
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SECTION
155. Saving of powers of reviewing authorities.
156. Supplementary powers of the Court of Appeal.
157. Interpretation of Part VI.

PART VII
FORFEITURES AND REDUCTIONS
158. Forfeitures and deductions; general provisions.
159. Forfeiture of pay for absence from duty.
160. Deductions for payment of civil penalties.
161. Compensation for loss occasioned by wrongful act or negligence.
162. Deductions for barrack damage.
163. Review of orders and remission of forfeitures and deductions.
164. Enforcement of maintenance and affiliation order by deduction from
pay.
165. Deductions from pay for maintenance of wife, husband or child.
166. Limit of deductions under sections 164 and 165 and effect on
forfeiture.
167. Service of process in maintenance proceedings.
PART VIII
GOVERNMENT AND GENERAL PROVISIONS COMMAND
168. Command and precedence.
169. Command of Force.
170. Regulations as to command.
171. Powers of command of members of co-operating forces.
Redress of Complaints
172. Complaints by officers.
173. Complaints by soldiers.
174. Restriction on composition of Defence Board dealing with
complaint.


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SECTION
Exemptions for officers and soldiers
175. Exemptions from jury service.
176. Exemptions from tolls, etc.
177. Exemption from execution.
Provisions relating to deserters and absentees without leave
178. Arrest of deserters and absentees without leave.
179. Proceedings before a civil court where persons suspected of illegal
absence.
180. Deserters and absentees without leave surrendering to police.
181. Certificates of arrest or surrender of deserters and absentees.
182. Duties of superintendents of prisons and others to receive deserters
and absentees.
Offences relating to military matters punishable by civil courts
183. Punishment for pretending to be a deserter.
184. Punishment for procuring and assisting desertion.
185. Punishment for obstructing officers or soldiers in execution of duty.
186. Punishment for aiding malingering.
187. Unlawful purchase, etc. of military stores.
188. Illegal dealings in documents relating to pay, pensions,
mobilisation, etc.
189. Unauthorised use of and dealing in decorations, etc.
Provisions as to evidence
190. General provisions as to evidence.
191. Proof of outcome of civil trial.
192. Evidence of proceedings of court-martial.
Miscellaneous Provisions
193. Temporary reception in civil custody of persons under escort.
194. Avoidance of assignment of, or charge on military pay, pension, etc.
195. Statutory declarations taken outside Guyana.
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SECTION
PART IX
RESERVE
196. Composition of Reserve.
197. Enlistment and re-engagement in the Reserve.
198. Training of Reserve.
199. Call out of first class of Reserve on temporary service.
200. Call out of Reserve on permanent service.
201. Attendance upon call out.
202. Effective time of call out.
203. Termination of service.
204. Posting or attachment of members of Reserve.
205. Punishment for non-attendance.
206. Wrongful sale etc. of public property.
207. Discharge from Reserve.
208. Application of Parts V and VII of this Act.
PART IXA
THE COAST GUARD
208A. Establishment and special duties of Coast Guard.
208B. Powers of members of Coast Guard with respect to vessels.
208C. Obstruction of officer or soldier of the Force.
208D. Powers under laws mentioned in Third Schedule.
208E. Hazarding or loss of ship.
208F. Provisions not in derogation.
PART X
APPLICATION OF THE LAW AND SUPPLEMENTARY
PROVISIONS
209. Persons subject to military law.
210. Application of Act to civilians.
211. Application of the Act.
212. Power to make regulations.
213. Powers exercisable in subsidiary legislation.
214. Execution of orders, instruments, etc.
215. [Repealed by 4 of 1990]

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FIRST SCHEDULE—Forms.
SECOND SCHEDULE—Alternative offences for which accused may be
committed by Court Martial.
THIRD SCHEDULE – Laws to be enforced and administered.
__________________________
CHAPTER 15:01
DEFENCE ACT
24 of 1966A An Act to provide for defence and the maintenance of order
by the establishment of a defence force and to provide
for matters connected therewith and incidental thereto.
[22ND May, 1966]
Short title.

Interpretation.
[O. 15/1970
O. 80/1980]
1. This Act may be cited as the Defence Act.
2. (1) In this Act—
“acting rank” means rank of any description (however called)
such that under regulations a commanding officer has
power to order the holder to revert from that rank; and
“acting warrant officer” and “acting non-commissioned
officer” shall be construed accordingly;
“aircraft” means any machine for flying, whether
propelled by mechanical means or not, and includes any
description of balloon;
“aircraft material” includes—
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(a) parts of, and components of or
accessories for, aircraft, whether for
the time being in aircraft or not;
(b) engines, armaments, ammunition and
bombs and other missiles of any
description in, or for use in, aircraft;
(c) any other gear, apparatus or
instruments in, or for use in, aircraft;
(d) any apparatus used in connection
with the 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 assigned
to it by section 84(1) and of section 88(2);
“arrest” includes open arrest;
“before the enemy” in relation to a person, means that he is in
action against the enemy or about to go into action
against the enemy or is under attack or threat of
imminent attack by the enemy;
“Board of Inquiry Rules” means rules made by the
Defence Board under section 139;
“civil court” means a court of ordinary criminal jurisdiction,
but does not, except where otherwise expressly provided,
include any such court outside the Commonwealth;

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“civil offence” has the meaning assigned to it in section 76(2);
“colour service” means service in the regular Force under
this Act;
‘the Chief of Staff” means the officer appointed by the
President under section 169 to have command of the
Force;
“commanding officer” has the meaning assigned to it by
section 88(1);
“Commonwealth Force” means any military force raised in
any territory within the Commonwealth by the
government of that territory, but does not include the
Force;
“competent military authority” means such officer as may
be prescribed;
“corresponding civil offence” has the meaning assigned to it
by section 76(2);
“corresponding rank” in relation to any rank or rating in a
Commonwealth force, means such rank or rating in any
other of those forces as may be declared by regulations
under section 217 to correspond therewith;
“court-martial” except where it is expressed to be under
service law, means a court-martial under this Act;
“damage” includes destruction and references to damaging
shall be construed accordingly;
“date of attestation” in relation to any person means the date
on which he is attested in accordance with regulations;
“decoration” includes medal, medal ribbon, clasp and good
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conduct badge;
“Defence Board” means the Defence Board established by
section 9;
“desertion” shall be construed in accordance with section
47(2);
“enemy” includes all persons engaged in armed operations
against the Force or any force co-operating therewith and
also includes all armed mutineers, armed rebels, armed
rioters and pirates;
“the Force” means the Guyana Defence Force established
under section 4;
“Imprisonment and Detention Regulations” means
regulations made by the Defence Board under section
138;
“military” when used adjectivally means connected to or
belonging to land, sea or air forces;
“Permanent Secretary” means the public officer, however
styled, in charge of the Secretariat of the President;
“policeman” means a member of the Guyana Police Force;
‘prescribed” means prescribed by regulations under this Act
or Rules of Procedure, as the case permits;
“provost officer” means a provost marshal or officer subject
to service law appointed to exercise the functions
conferred by or under service law on provost officers;
“public property” means any property belonging to the
Government or held for the purposes thereof;

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“recruiting officer” means a person authorised as such under
section 17;
“Registrar of the Supreme Court” includes a Deputy
Registrar, or other officer for the time being discharging
the duties of the Registrar or Deputy Registrar of the
Supreme Court;
“the Reserve” means the body of officers and soldiers
established under paragraph (b) of section 4;
“Rules of Procedure” means the Rules of Procedure made by
the Defence Board under section 137;
“service” when used adjectivally, means belonging to or
connected with the Force or any part thereof or
belonging to or connected with a Commonwealth force
or any part of a Commonwealth force;
“service law” means any law (including this Act) governing
service in the Force or any Commonwealth force acting
in co-operation with the Force;
“soldier” does not include an officer but, with the
modifications contained in this Act in relation to
warrant officers and non- commissioned officers,
includes a person who is a warrant officer or a non-
commissioned officer or of lower military rank;
“ship” includes any description of vessel;
“Stoppages” means the recovery by deductions from the
pay of the offender, of a specified sum by way of
compensation for any expense, loss or damage
occasioned by the offence;
“unit” means—

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(a) any independent body of the Force
which is not higher in the
organisation of the Force than a
battalion or any equivalent body of
troops; or
(b) any other body of the Force declared
by the Defence Board to be a unit.
(2) References to officers and soldiers of the Force
shall, except in Part VII of this Act, be construed as including
references to officers and soldiers attached or seconded to that
Force.
(3) References to warrant officers and non-
commissioned officers shall be construed as including
references to persons of any corresponding ranks,
respectively.
(4) The provisions of this Act which relate to
stealing shall be construed in accordance with the following
principles:
(A) A person steals, who, without the
consent of the owner, fraudulently
and without a claim of right made in
good faith, takes and carries away
anything capable of being stolen with
intent, at the time of such taking,
permanently to deprive the owner
thereof:
Provided that a person may be
guilty of stealing any such thing
notwithstanding that he has lawful
possession thereof, if, being a bailee or
part owner thereof, he fraudulently
converts the same to his own use or
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the use of any person other than the
owner.
(B) The expression “takes” includes
obtaining the possession”
(a) by any trick;
(b) by intimidation;
(c) under a mistake on the part of
the owner with knowledge on
the part of the taker that
possession has been so
obtained;
(d) by finding, where at the time of
the finding the finder believes
that the owner can be
discovered by taking
reasonable steps.
(C) The expression “carries away”
includes any removal of anything
from the place which it occupies, but
in the case of a thing attached, only if
it has been completely detached.
(D) The expression “owner” includes any
part owner, or person having
possession or control of, or a special
property in, anything capable of being
stolen.
(E) Everything which has value and is the
property of any person, and if
adhering to the realty then after
severance therefrom, shall be capable
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of being stolen:
Provided that—
(a) save as hereinafter expressly
provided with respect to
fixtures, growing things, and
minerals, anything attached to
or forming part of the realty
shall not be capable of being
stolen by the person who severs
the same from the realty, unless
after severance he has
abandoned possession thereof;
and
(b) the carcase of a creature wild
by nature and not reduced into
possession while living shall
not be capable of being stolen
by the person who has killed
such creature, unless after
killing it he has abandoned
possession of the carcase.
(F) Every person who—
(a) with intent to steal, rips, cuts,
severs or breaks—
(i) any glass or woodwork
belonging to any
building; or
(ii) any metal or utensil or
fixture, fixed in or to any
building; or
(iii) anything made of metal
fixed in any land being
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Provisions as to
active service.
private property, or as a
fence to any dwelling
house, garden or area or
in any square or street, or
in any place dedicated to
public use or ornament,
or in any burial ground;
(b) with intent to steal, cuts,
breaks, roots up or otherwise
destroys or damages the whole
or any part of any tree,
sapling, shrub, or underwood
growing in any place
whatsoever, the value of the
article stolen or the injury done
being to the amount of one
dollar at the least; or
(c) with intent to steal, destroys, or
damages any plant, root, fruit,
or vegetable production
growing in any garden,
orchard, pleasure ground,
nursery-ground, hothouse or
conservatory, shall be guilty of
stealing.
(G) Every person who severs with intent
to steal, the ore of any metal, or any
raw gold, precious stones or valuable
minerals as defined in section 189(1)
of the Criminal Law (Offences) Act,
shall be guilty of stealing.
3. (l) In this Act the expression “on active service”, in
relation to any unit, means that it is engaged in operations
against an enemy, and in relation to a person means that he is
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Establishment
of Guyana
Defence Force.
[O. 15/1970]


serving in or with such a unit which is on active service.
(2) Where it appears to the Minister that, by
reason of the imminence of active service or of the recent
existence of active service, it is necessary for the public service
that a unit should be deemed to be on active service, he may
declare that for such period, not exceeding three months,
beginning with the coming into force of the declaration as
may be specified therein, that unit shall be deemed to be on
active service.
(3) Where it appears to the Minister that it is
necessary for the public service that the period specified in a
declaration under subsection (2) should be prolonged or, if
previously prolonged under this section, should be further
prolonged, he may declare that the said period shall be
prolonged by such time, not exceeding three months, as may
be specified in the declaration under this subsection.
(4) If at any time while any unit is deemed to be on
active service by virtue of the foregoing provisions of this
section, it appears to the Minister that there is no necessity for
the unit to continue to be treated as being on active service, he
may declare that as from the coming into operation of the
declaration the unit shall cease to be deemed to be on active
service.
(5) Any declaration under this section shall be
made by proclamation.
4. There shall be established and maintained in
Guyana a force to be called the GUYANA DEFENCE FORCE
consisting of –
(a) a regular Force; and
(b) a reserve Force.

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Employment of
Defence Force.

Formation into
units.

Employment of
Defence Force
outside
Guyana.

Overseas
training.
Establishment
of Defence
Board.
5. The Force shall be charged with the defence of and
maintenance of order in Guyana and with such other duties
as may from time to time be defined by the Defence Board.
6. The Force may by order of the Defence Board be
formed into units or other military bodies.
7. The Ministry may at any time, with the approval of
the National Assembly signified by resolution thereof, order
that the whole or any part of the Force shall be employed out
of or beyond Guyana:
Provided that no officer or soldier of the Reserve shall be
liable to be employed out of or beyond Guyana unless either
he is an officer or soldier serving in the Reserve in
consequence of being transferred from the regular Force or he
has entered into an agreement in writing accepting such a
liability.
8. (1) The Minister may order that any officer or
soldier of the regular Force or, with his consent, any officer or
soldier of the Reserve, shall proceed to any place outside
Guyana for the purpose of undergoing instruction or training
or for duty or employment.
(2) The Minister may, if the consent of the officer
or soldier concerned is first obtained, place any officer or
soldier of the Force at the disposal of the military authorities
of any other country or territory for the purpose of his being
attached to the armed forces of that country or territory.
PART II
GUYANA DEFENCE BOARD
9. (1) There shall be a board to be called the Guyana
Defence Board which shall, subject to subsection (2), be
responsible under the general authority of the Minister for
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Membership of
Defence Board
[O.80/1980]


the command, discipline and administration of, and all
other matters relating to, the Force.
(2) The responsibility of the Defence Board shall
not extend to the operational use of the Force, for which use
responsibility shall be vested in the Chief of Staff subject to
the general or special directions of the Minister.
10. (1) The members of the Defence Board shall be—
(a) the President, who shall be the
Chairman of Board;
(b) the Prime Minister;
(c) the Minister charged with
responsibility for home affairs;
(d) the Chief of Staff; and
(e) not more than three other persons
appointed by the Minister for such
periods, respectively, as he shall,
without prejudice to the conferment
of any powers on him by virtue of
section 29(1) of the Interpretation and
General Clauses Act, specify.
(2) The Chairman may nominate any member to
perform the functions of the Chairman at any meeting of the
Defence Board at which the Chairman is absent, and such
nomination may be either general or in respect of a particular
occasion.
(3) In the event of any member being for any
reason unable to perform his functions as a member he may
with the approval of the Chairman nominate a person to
perform such functions during his inability.
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Secretary of
Defence Board
[O. 80/1980]


Performance of
functions of
Defence Board.

11. The Secretary of the Defence Board shall be the
Permanent Secretary or such person as the Chairman of the
Board may nominate to perform the duties of Secretary at any meeting of the Defence Board in the event that the Permanent Secretary so designated is unable to perform those duties.
12. (1)The Defence Board may make rules providing
for all or any of the following matters –
(a) the organisation of the work of the
Board and the manner in which it
shall perform its functions and the
duties and responsibilities of the
several members thereof;
(b) the delegation, by notification in the
Gazette, of powers or duties of the
Board to any members thereof;
(c) the consultation by the Board with
persons other than members thereof;
(d) the procedure to be followed by the
Board in conducting its business; and
(e) any other matters for which the Board
may consider it necessary or desirable
to provide in order to secure the
better performance of the functions of
the Board.
(2) Nothing in any Act shall be deemed to require
the publication in the Gazette of any rules made under
subsection (1).
(3) Subject to any rules made under subsection (1)
and to the other provisions of this Act, the Board may
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Power to grant
commissions.


First Schedule.
Commissions
Board.
c.2:01
regulate its own proceedings.
PART III
OFFICERS
13. (1) The power to grant commissions in the Force
shall be vested powers to in the President.
(2) A commission may be granted either for an
indefinite period or for a specified time.
(3) Every officer on being granted a commission
shall be issued with a commission in the form set out in the
First Schedule which commission shall be signed by the
President.
14. (1) There shall be a Commissions Board of three
persons which shall be responsible for advising the President
on the exercise of the powers conferred by section 13.
(2) The members of the Commissions Board shall
be—
(a) the Chief of Staff;
(b) the Chairman of the Public Service
Commission; and
(c) one other person appointed by the
Defence Board for such period as it
shall, without prejudice to the
conferment of any powers upon it
by virtue of section 29(1) of the
Interpretation and General Clauses
Act, specify.
The member mentioned in paragraph (a) shall be the
Chairman of the Board and if on any question the members of
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Appointment
and transfer of
officers.
Power to make
regulations
for this part.
the Board are equally divided he shall have and exercise a
casting vote in addition to his original vote.
15. (1) Every officer upon being granted a commission
shall be appointed by the Minister either to the regular Force
or to the first or second class of the Reserve.
(2) The Minister may, upon such terms and
conditions as he may determine, transfer any officer
between the regular Force and the Reserve and between
the first and second classes of the Reserve:
Provided that no officer shall be transferred to the
regular Force or to the first class of the Reserve without his
consent.
16. (1) Subject to this Act, the Minister may make
regulations for the better carrying out of the provisions of this
Part and, without prejudice to the generality of the foregoing,
such regulations may make provisions with respect to all or
any of the following matters, that is to say the commissioning
of officers, their terms of service, appointment, transfer,
promotion, retirement, resignation, removal from office and
such other matters concerning officers as may seem to him
necessary.
(2) The appointment, transfer, substantive
promotion, retirement, resignation or removal from office of
any officer shall be notified in the Gazette.
PART IV
ENLISTMENT AND TERMS OF SERVICE IN THE
REGULAR FORCE
Enlistment
17. Any person authorised in that behalf by officers.
Recruiting
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Enlistment.
[32 of 1975
1 of 2011]
regulations, in this Act referred to as a recruiting officer, may
enlist recruits in the regular Force officers in the prescribed
manner.
18. (1) A person offering to enlist in the regular Force
shall be given a notice in the prescribed form setting out the
questions to be answered on attestation and stating the
general conditions of the engagement to be entered into by
him, and a recruiting officer shall not enlist any person in that
Force unless satisfied by that person that he 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 eighteen years in the regular Force, unless
consent to the enlistment has been given in writing—
(a) if the person offering to enlist is living
with both or one of his parents, by the
parents or parent;
(b) if he is not living with both or one of
his parents by any person (whether a
parent or not) whose whereabouts
are known or can after reasonable
inquiry be ascertained who has
parental rights and power in respect
of him;
(c) if there is no such person as is mentioned
in paragraph (b) or if after reasonable
inquiry it cannot be ascertained
whether there is any such person, by
any person in whose care (whether in law or in fact) the person offering to
enlist may be:
Provided that no person under the age of sixteen years
shall be enlisted in the regular Force.
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Terms of
enlistment.


Re-engagement
and
continuance of
service.
(3) Where the recruiting officer is satisfied by the
production 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 permitted by this section for recruitment, 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 the recruiting officer, stating that he is satisfied
as aforesaid, shall be sufficient evidence, until the contrary
is provided, that he is so satisfied.
Terms and Conditions of Service
19. The term for which a person enlisting in the
regular Force may be enlisted shall be such term beginning
with the date of his attestation and not exceeding twelve
years as may be prescribed:
Provided that such term may consist in part, and
determine upon the completion, of a prescribed term of
service in the Reserve.
20. (1) Any soldier of the regular Force of good
character who at any time has completed or is within the
prescribed period before completing a prescribed term of
service may, with the approval of the competent military
authority, re-engage for such further period or periods of
further colour service or service in the Reserve as may be
prescribed:
Provided that any such further period or periods of
colour service together with the original period of colour
service shall not, except as provided by subsection (2), exceed
a total continuous period of twenty- two years’ colour service
from the date of the soldier’s original attestation.
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Prolongation of
service.

Discharge.
(2) Any soldier of the regular Force who shall have
completed a period of twenty-two years’ colour service may,
if he shall so desire 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 except that it shall
be lawful for him to claim his discharge at the expiration of
the period of three months beginning with the day on which
he gives to his commanding officer notice of his wish to be
discharged.
21. Any soldier of the regular Force whose term of
colour service Prolongation expires during a state of war,
insurrection, hostilities or public emergency may be
retained in that Force and his service prolonged for such
further period as the competent military authority with the
approval of the Defence Board may direct.
Discharge and Transfer to the Reserve
22. (1) Save as in the Act provided, every soldier of
the regular Force upon becoming entitled to be discharged
shall be discharged with all convenient speed, but until
discharged shall remain subject to military law under this
Act.
(2) Where a soldier of the regular Force is, when
entitled to be discharged, serving out of Guyana, then—
(a) if he requires to be discharged in Guyana
he shall be sent there free of cost
with all convenient speed and shall
be discharged on his arrival there or
if he consents to his discharge being
delayed, within six months from his
arrival; but
(b) if at his request he is discharged at the
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Transfer to the
Reserve.

Postponement
of discharge or
transfer
pending
place where he is serving, he shall
have no claim to be sent to Guyana or
elsewhere.
(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 order of the
competent military authority.
(4) Every soldier of the regular Force shall be given
on his discharge a certificate of discharge containing such
particulars as may be prescribed.
23. (1) Save as in this Act provided, every soldier of
the regular Force upon falling to be transferred to the Reserve
shall be transferred to the Reserve but until so transferred
shall remain subject to military law under this Act.
(2) Where a soldier of the regular Force when
falling to be transferred to the Reserve, is serving out of
Guyana, he shall be sent to Guyana free of cost with all
convenient speed and shall be transferred to the Reserve on
his arrival there, or if he consents to his transfer being
delayed, within six months from his arrival:
Provided that if he so requests he may be transferred to
the Reserve without being required to return to Guyana.
(3) Notwithstanding anything in this section
herein before contained, but subject as may be otherwise
prescribed, the competent military authority may, when a
soldier of the regular Force falls to be transferred to the
Reserve, discharge him forthwith without giving any reason
and in any such case section 22 shall apply.
24. (1) Notwithstanding anything in this Part, a
soldier of the regular Force shall not be entitled to be
discharged or transferred to the Reserve at a time when he
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proceedings
for offences,
etc.

Restrictions on
reduction in
rank of warrant
officer and
non-
commissioned
officers.

Right of
warrant officer
to discharge on
reduction in
rank.
Discharge
upon
prescribed
grounds.
has become liable to be proceeded against for an offence
against any of the provisions of this Act:
Provided that if it is determined that the offence shall not
be tried by court-martial this subsection shall cease to apply.
(2) Notwithstanding anything in 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 shall not be entitled to be discharged
or transferred to the Reserve during the currency of the
sentence.
25. (1) A warrant officer or non- commissioned officer
of regular force whose ranks is not below that of sergeant or
corresponding rank shall not be reduced in rank except by a
sentence of a court martial or by order of the Defence Bond or
of an officer not below the rank of major or corresponding
rank, authorised by regulations to act for the purposes of this
subsection.
(2) An authorisation under the last foregoing
subsection may be given generally or subject to such
limitations as may be prescribed.
(3) For the purposes of this section reduction in
rank does not include reversion from acting rank.
26. A warrant officer of the regular force who is
reduced to the ranks may thereupon claim to be discharge
unless a state of war, insurrection hostilities or public
emergency exists.
27. A soldier of the regular force may be discharge by
the competent military authority at any time during the
currency of any term of engagement upon such grounds as
may be prescribed.

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Right of soldier
to purchase
discharge.


Rules for
reckoning
service.

28. (1) Subject to this section, a soldier of the regular
force shall be entitled to calm his discharge at any time within
three months after the date of his first attestation and if he
makes such a claim he shall on payment of one hundred
dollars be discharged with all convenient speed, but until
discharged shall remain subject to military law under this
Act.
Provided that the right conferred by this subsection shall
not be exercisable within such period (not exceeding two
months) beginning with the said date as may be prescribed.
(2) This section shall not apply to a soldier of the
regular Force who was at any time within three months prior
to the date of his first attestation a member of any
Commonwealth force.
(3) Section 22 shall not apply to a soldier
discharged under this section.
(4) Notwithstanding this section, a soldier of the
regular Force shall not be entitled to claim his discharge
pursuant to this section while soldiers of that Force are
required to continue their colour service under section 21.
Miscellaneous and Supplementary Provisions
29. In reckoning the service of any soldier of the
regular Force towards discharge or re-engagement or transfer
to the Reserve there shall be excluded therefrom—
(a) all periods during which he has been
absent from his duty for any of the
following causes—
(i) imprisonment;
(ii) desertion;
(iii) absence without leave
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Validity of
attestation and
enlistment.
exceeding twenty-eight days;
and
(b) any period ordered by a court-martial
to be forfeited.
30. (l) Where a person has made such declaration
upon his attestation as may be prescribed and has thereafter
received pay as a soldier of the regular Force—
(a) the validity of his enlistment shall not
be called in question on the grounds
of any error or omission in his
attestation paper;
(b) after the expiration of a period of
three months from the date on which
he made the said declaration he shall
be deemed to have been validly
enlisted notwithstanding any non
compliance with the requirements of
this Act or any regulations made as to
enlistment or attestation or any other
ground whatsoever (not being an
error or omission in his attestation
paper) and he shall be deemed to be a
soldier of that Force until his
discharge.
(2) Where a person has received pay as a soldier of
the regular Force without having previously made such
declaration as aforesaid then—
(a) he shall be deemed to be a soldier of that
Force until discharged;
(b) he may claim his discharge at any
time and if he makes such claim the
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False answers
in attestation
papers.
[6 of 1997]


Interpretation.

Aiding the
enemy.
claim shall be submitted as soon as
may be to the Defence Board who
shall, if the claim is well founded,
cause him to be discharged with all
convenient speed.
(3) Nothing in the foregoing provisions of this
section shall be construed as prejudicing the determination of
any question as to the term for which a person was enlisted or
as preventing the discharge of a person who has not claimed
his discharge.
31. (l) 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 shall be liable on summary conviction
to a fine of six thousand five hundred dollars or to
imprisonment for three months.
(2) For the avoidance of doubt it is hereby declared
that a person may be proceeded against under this section
notwithstanding that he has since become subject to military
law under this Act.
32. In this part, “Reserve” means the second class of
the Reserve.
PART V
DISCIPLINE AND TRIAL AND PUNISHMENT OF MILITARY
OFFENCES
Treachery, Cowardice and Offences Arising out of
Military Service
33. (1) Every person subject to military law under this
Act who with intent to assist the enemy –

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(a) abandons or delivers up any place or
post which it is his duty to defend, or
induces any person to abandon or
deliver up any place or post which it
is that person’s duty to defend; or
(b) does any act calculated to imperil
the success of operations of the Force,
of any forces co-operating therewith
or of any part of any of those forces;
or
(c) having been made a prisoner of war,
serves with or aids the enemy in the
prosecution of hostilities or of
measures calculated to influence
morale, or in any other manner
whatsoever not authorised by
international usage; or
(d) furnishes the enemy with arms or
ammunition or with supplies of any
description or with any other thing
likely to assist him (whether similar to
any of the things aforesaid or not); or
(e) harbours or protects an enemy not
being a prisoner of war,
shall, on conviction by court-martial, be liable to suffer death
or any other punishment provided by this Act.
(2) Every person subject to military law under this
Act who knowingly and without lawful excuse does any of
the acts specified in subsection (1) (a) to (e) (inclusive) shall,
where it is not proved that he acted with intent to assist the
enemy, be liable on conviction by court- martial to
imprisonment or any less punishment provided by this Act.
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Communi-
cation with
the enemy.
34. (1) Every person subject to military law under this
Act who with intent to assist the enemy communicates with
or gives intelligence to the enemy shall, on conviction by
court-martial, be liable to suffer death or any other
punishment provided by this Act.
(2) Every person subject to military law under this
Act who without authority communicates with or gives
intelligence to the enemy shall, on conviction by court-
martial, be liable to imprisonment or any less punishment
provided by this Act.
(3) In this section the expression intelligence means
information which is or purports to be information as to any
matter such that information about it would or might be
directly or indirectly useful to an enemy, and in particular
(but without prejudice to the generality of the foregoing
provisions of this subsection) as to any matter falling within
the following paragraphs, being a matter such that
information as to it would or might be useful as aforesaid,
that is to say—
(a) the number, description, armament,
equipment, disposition, movement or
condition of any of the Force or of any
forces co-operating therewith, or of any
ships or aircraft of the Force or any
such co-operating force;
(b) any operations or projected operations
of any of the Force or any such forces,
ships or aircraft as aforesaid;
(c) any code, cipher, call sign, password or
countersign;

(d) any measures for the defence or
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Cowardly
behaviour.

Offences
against morale.

fortification of any place against an
enemy;
(e) the number, description or location of
any prisoners of war;
(f) munitions of war.
35. (l) Every person subject to military law under this
Act who when before the enemy—
(a) leaves the post, position or other place
where it is his duty to be; or
(b) throws away his arms, ammunition or
tools, in such a manner as to show
cowardice, or otherwise behaves in
such a manner as to show cowardice,
shall be guilty of an offence against this section.
(2) Every person subject to military law under this
Act who when before the enemy induces any other person
subject to service law and before the enemy to commit an
offence under subsection (l) shall be guilty of an offence
against this section.
(3) Every person guilty of an offence against this
section shall, on conviction by court-martial, be liable to
imprisonment or any less punishment provided by this Act.
36. Every person subject to military law under this
Act who—
(a) spreads (whether orally, in writing, by
signal, or otherwise) reports relating to
operations of the Force, of any forces
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Becoming a
prisoner of war
through
disobedience or
wilful neglect;
and failure to
rejoin forces.
[O. 15/1970]


Offences by or
in relation to
sentries, etc.
co-operating therewith, or of any part
of any of those forces, being reports
calculated to create despondency or
unnecessary alarm; or
(b) when before the enemy, uses words
calculated to create despondency or
unnecessary alarm,
shall, on conviction by court-martial, be liable to
imprisonment or any less punishment provided by this Act.
37. (1) Every person subject to military law under this
Act who, through disobedience to orders or wilful neglect of
his duty, is captured by the enemy shall be guilty of an
offence against this section.
(2) Every person subject to military law under
this Act who, having been captured by the enemy, fails to
take, or prevents or discourages any other person subject
to service law who has been captured by the enemy from
taking any reasonable steps to rejoin the Force which are
available to him, or as the case may be, to that other person
shall be guilty of an offence against this section.
(3) Every person guilty of an offence against this
section shall, on conviction by court-martial, be liable to
imprisonment or any less punishment provided by this Act.
38. (1) Every person subject to military law under this
Act, who while on guard duty—
(a) sleeps at his post; or
(b) when not on duty at a post, is asleep at
a time when he is not allowed to be
asleep; or

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(c) is drunk; or
(d) leaves his post without having been
regularly relieved or otherwise absents
himself from any place where it is his
duty to be, shall be guilty of an offence
against this section.
(2) For the purposes of this section a person shall
be treated as being drunk if, owing to the influence of alcohol
or any drugs, whether alone or in combination with any other
circumstances, he is unfit to be entrusted with his duty.
(3) Every person subject to military law under
this Act who strikes or otherwise uses force against any
person on guard duty, being a member of any unit of the
Force or of any forces co-operating therewith, or by the
threat of force compels any such person to let him or any
other person pass, shall be guilty of an offence against this
section.
(4) Every person guilty of an offence against this
section shall, on conviction by court-martial, be liable to
imprisonment or any less punishment provided by this Act:
Provided that if the offence was not committed on active
service he shall not be liable to be imprisoned for more than
two years.
(5) References in this section to a person on
guard duty are references to a person who—
(a) is posted or ordered to patrol or has
adopted the position of sentry at a post
or has undertaken the patrol; or
(b) is a member of a guard or other
party mounted or ordered to patrol, for
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Sleeping on
watch or
abandoning
post.


Looting.
the purpose of protecting any persons,
premises or place.
(6) The foregoing provisions of this section shall
apply in relation to persons posted or ordered to patrol or
who have adopted the position of sentries at a post or have
undertaken the patrol, and to the members of a 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, by rail or on any
inland navigation, as they apply to persons on guard duty.
39. (1) Every person subject to military law under this
Act who is attached to any ship of the Force, and who, being
in the presence or vicinity of the enemy or under orders to be
prepared for action by or against the enemy, abandons his
post improperly or sleeps upon his watch shall on conviction
by court-martial, be liable to imprisonment or any less
punishment provided by this Act.
(2) Every person subject to military law under this
Act who is attached to any ship of the Force, and who, not
being in the presence or vicinity of the enemy or under such
orders as aforesaid, abandons his post improperly or sleeps
upon his watch shall, on conviction by court- martial, be liable
to imprisonment for two years or any less punishment
provided by this Act.
40. Every person subject to military law under this
Act who—
(a) steals from, or with intent to steal
searches, the person of anyone killed
or wounded in the course of warlike
operations; or
(b) steals any property which has been
left exposed or unprotected in
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Mutiny.
consequence of warlike operations; or
(c) takes otherwise than for the public
service any vehicles, equipment or
stores abandoned by the enemy,
shall be guilty of looting and liable, on conviction by court-
martial, to imprisonment or any less punishment provided by
this Act.
Mutiny and Insubordination
41. (1) Every person subject to military law under this
Act who—
(a) takes part in a mutiny involving the use
of violence or the threat of the use of
violence, or having as its object or one
of its objects the refusal or avoidance of
any duty or service against, or in
connection with operations against the
enemy, or the impeding of the performance of any such duty or
service; or
(b) incites any person subject to service law
to take part in such a mutiny, whether
actual or intended, shall, on conviction by court-martial, be liable to suffer
death or any other punishment
provided by this Act.
(2) Every person subject to military law under this
Act who, in a case not falling within subsection (1), takes part
in a mutiny, or incites any person subject to service law to
take part in a mutiny, whether actual or intended, shall, on
conviction by court-martial, be liable to imprisonment or
any less punishment provided by this Act.
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Failure to
suppress
mutiny.
(3) In this Act the expression “mutiny” means a
combination between two or more persons 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 Force or any forces co-operating
therewith or in any part of any of the
said forces; or
(b) to disobey such authority in such
circumstances as to make the
disobedience subversive of discipline,
or with the object of avoiding any duty
or service against, or in connection with
operations against, the enemy; or
(c) to impede the performance of any duty
or service in the Force or in any forces
co-operating therewith or in any part of
any of the said forces.
42. Every person subject to military law under this
Act who, knowing that a mutiny is taking place or is
intended—
(a) fails to use his utmost endeavours to
suppress or prevent it; or
(b) fails to report without delay that the
mutiny is taking place or is intended,
shall on conviction by court-martial—
(i) if his offence was committed
with intent to assist the enemy,
be liable to suffer death or any
other punishment provided by
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Insubordinate
behaviour.


Disobedience
to particular
orders.
this Act; and
(ii) in any other case, be liable to
imprisonment or any less
punishment provided by this
Act.
43. (1) Every person subject to military law under this
Act who—
(a) strikes, or otherwise uses violence to,
or offers violence to, his superior
officer; or
(b) uses threatening or insubordinate
language to his superior officer,
shall, on conviction by court-martial, be liable to
imprisonment or any less punishment provided by this Act:
Provided that he shall not be liable to be imprisoned for
more than two years if the offence was not committed on
active service, and did not involve the striking or other use of
violence, or offering of violence, to a superior officer
exercising authority as such.
(2) In the foregoing provisions of this section
the expression superior officer, in relation to any person,
means an officer, warrant officer or non-commissioned officer
subject to service law of superior rank, and includes such an
officer, warrant officer or non-commissioned officer of equal
rank but greater seniority while exercising authority as the
said person’s superior.
44. (l) Every person subject to military law under this
Act who, in such manner as to show a wilful defiance of
authority, disobeys any lawful command given or sent to him
personally shall, on conviction by court-martial, be liable to
imprisonment or any less punishment provided by this Act.
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Obstruction of
provost
officers.


Disobedience
to standing
orders.
(2) Every person subject to military law under
this Act who, whether wilfully or through neglect, disobeys
any lawful command shall, on conviction by court-martial,
be liable to imprisonment or any less punishment provided
by this Act:
Provided that if the offence was not committed on active
service he shall not be liable to be imprisoned for more than
two years.
45. Every person subject to military law under this Act
who –
(a) obstructs; or
(b) when called on, refuses to assist, any
person known to him to be a provost
officer, or to be a person (whether
subject to military law under this
Act or not) lawfully exercising
authority under or on behalf of a
provost officer,
shall, on conviction by court-martial, be liable to
imprisonment for a term not exceeding two years or any less
punishment provided by this Act.
46. (1) Every person subject to military law under this
Act who contravenes or fails to comply with any provision of
orders to which he might reasonably be expected to know,
shall, on conviction by court martial, be liable to
imprisonment for two years or any years or any less
punishment provided by this Act.
(2) This section applies to standing orders or other
routine orders of a continuing nature made for any formation
or unit or body of troops, or for any command or other area,
garrison or place, or for any ship, train or aircraft.
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Desertion.
Desertion, Absence Without Leave, etc.
47. (1) Every person subject to military law under this
Act who –
(a) deserts; or
(b) persuades or procures any person
subject to service law to desert,
shall, on conviction by court-martial, be liable to
imprisonment or any less punishment provided by this Act:
Provided that a person shall not be liable to be
imprisoned for more than two years unless—
(i) if the offence was against
paragraph (a), he was on active
service or under orders for active
service at the time when it was
committed; or
(ii) if the offence was an offence
against paragraph (b) the person
in relation to whom it was
committed was on active service
or under orders for active service
at that time.
(2) For the purposes of this Act a person deserts
who—
(a) leaves the Force or, when it is his duty
to do so, fails to join or rejoin the Force,
with (in either case) the intention,
subsisting at the time of the leaving or
failure or formed thereafter, of
remaining permanently absent from his
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Absence
without
leave.
duty; or
(b) being an officer enlists in or enters any
Commonwealth force without having
resigned his commission, or being a
soldier enlists in or enters any
Commonwealth 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 when before the
enemy, and references in this Act to
desertion
shall be construed accordingly.
(3) In addition to or in lieu of any punishment
authorised by sub-section (1), the court-martial by whom a
soldier is convicted of deserting during a term of service for
which he engaged or re-engaged may direct that the whole or
any part of his service during that term previous to the period
as respects which he is convicted of having been a deserter
shall be forfeited:
Provided that this subsection shall not apply to soldiers
of the Reserve called out on permanent service or continuing
to serve under section 20(2).
48. Every person subject to military law under this
Act who—
(a) absents himself without leave; or
(b) persuades or procures any person
subject to service law to absent himself
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Assisting
and concealing
desertion and
absence
without leave.

Amnesty
granted to
soldiers.
[17 of 1992]
without leave,
shall, on conviction by court-martial, be liable to
imprisonment for two years or any less punishment provided
by this Act.
49. Every person subject to military law under this
Act who –
(a) knowingly assists any person subject
to service law to desert or absent
himself without leave; or
(b) knowing that any person subject to
service law has deserted or absented
himself without leave, or is attempting
to desert or absent himself without
leave, fails to report that fact without
delay, or fails to take any steps in his
power to cause that person to be
apprehended,
shall, on conviction by court-martial, be liable to
imprisonment for two years or any less punishment provided
by this Act.
49A. (1) Notwithstanding anything in this Act, any
person subject to military law under this Act who deserts in
contravention of section 47 or who is absent without leave in
contravention of section 48 shall not be arrested or charged or
tried by court martial or by a civil court under this Act for
any such desertion or absence without leave if, during the
period commencing on 1st August, 1992 and ending on the
31st October, 1992 –
(a) he reports at the location and to the
person, notice whereof shall be given in
a daily newspaper published in
Guyana; and
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Failure to
perform
military duties.

Malingering.
(b) at the same time, he delivers up all
clothing, kit or any part thereof, arms,
ammunition or other equipment or
property issued to him or entrusted to
his care under the Act which are still in
his position.
(2) The President may, by order, describe any
other period during which the person, who deserts or
absents himself without leave, shall not be arrested, charged
or tried by court martial or a civil court for desertion or
absence without leave in contravention of this Act.
(3) Any person subject to military law under
this Act, who deserts in contravention of section 47 or is still
absent without leave in contravention of section 48 and
complies with the provision of subsection (1) shall,
notwithstanding anything in this Act, be treated as properly
discharged under this Act and shall be issued with a
certificate of discharge.
50. Every person subject to military law under this Act
who without reasonable excuse fails to attend for any parade
or other military duty of any description or leaves any such
parade or duty as aforesaid before he is permitted to do so
shall, on conviction by court-martial, be liable to
imprisonment for two years or any less punishment provided
by this Act.
Malingering and Drunkenness
51. (l) Every person subject to military law under this
Act who—
(a) falsely pretends to be suffering from
sickness or disability; or

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Drunkenness.
(b) injures himself with intent thereby to
render himself unfit for service, or
causes himself to be injured by any
person with that intent; or
(c) injures another person subject to service
law, at the instance of that person,
with intent thereby to render that
person unfit for service; or
(d) with intent to render or keep himself
unfit for service, does or fails to do
anything (whether at the time of the act
or omission he is in hospital or not)
whereby he produces, or prolongs, or
aggravates, any sickness or disability,
shall be guilty of malingering and shall, on conviction by
court-martial, be liable to imprisonment for two years or any
less punishment provided by this Act.
(2) In this section the expression ― unfit includes
temporarily unfit.
52. (1) Every person subject to military law under
this Act who is guilty of drunkenness, whether on duty or
not, shall, on conviction by court-martial, be liable to
imprisonment for two years or any less punishment
provided by this Act:
Provided that where the offence is committed by a
soldier neither on active service nor on duty the sentence
imposed shall not exceed detention for a period of six
months.
(2) For the purpose 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
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Offences in
relation to
public and
service
property

Offences in
relation to
property of
members of
forces.
circumstances, he is unfit to be entrusted with his duty or
with any duty which he may be called upon to perform or
behaves in a disorderly manner or in any manner likely to
bring discredit on the Force.
Offences Relating to Property
53. Every person subject to military law under this
Act who—
(a) steals or fraudulently misapplies any
public or service property, or is
concerned in or connives at the
stealing or fraudulent misapplication
of any public or service property; or
(b) receives any public or service
property knowing or having reason to
believe it to have been stolen or to
have been fraudulently misapplied; or
(c) wilfully damages, or is concerned in
the wilful damage of, any public or
service property; or
(d) by wilful neglect causes damage by
fire to any public or service property
shall on conviction by court-martial be liable to imprisonment
or any less punishment provided by this Act.
54. Every person subject to military law under this
Act who—
(a) steals or fraudulently misapplies any
property belonging members of to a
person subject to service law, or is
concerned in or connives at the
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Miscellaneous
offences
relating to
property.
stealing or fraudulent misapplication
of any such property; or
(b) receives any such property knowing
or having reason to believe the same
to have been stolen or to have
been fraudulently misapplied; or
(c) wilfully damages, or is concerned in
the wilful damage of, any property
belonging to a person subject to
service law,
shall, on conviction by court-martial, be liable to
imprisonment for two years or any less punishment provided
by this Act.
55. Any person subject to military law under this Act
who—
(a) loses any public or service property of
which he has the relating to property.
charge or which has been entrusted to
his care or which forms part of
property of which he has the charge
or which has been entrusted to his
care; or
(b) by negligence damages any public or
service property of which he has the
charge or which has been entrusted to
his care or which forms part of
property of which he has the charge
or which has been entrusted to his
care; or
(c) by negligence causes damage by fire
to any public or service property; or
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Dangerous
flying, loss or
hazarding of
ships.
(d) fails to take proper care of any animal
or bird used in the public service
which is in his charge; or
(e) makes away (whether by pawning,
selling, destruction or in any other
way) with any military decoration
granted to him or any clothing, arms,
ammunition or other equipment
issued to him for his use for military
purposes,
shall, on conviction by court-martial, be liable to
imprisonment for two years or any less punishment provided
by this Act:
Provided that it shall be a defence for any person charged
under paragraph (a) with losing any property, that he took
reasonable steps for the care and preservation thereof.
Offences Relating to Ships and Aircraft
56. Every person subject to military law under this
Act who, either wilfully or by negligence—
(a) causes or allows to be lost, stranded
or hazarded any ships belonging to
the Force;
(b) uses any aircraft or aircraft material in
a manner which causes or is likely to
cause loss of life or bodily injury to
any person,
shall, on conviction by court-martial, be liable, if he acts
wilfully or with wilful neglect, to imprisonment or any less
punishment, and in any other case to imprisonment for a term
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Inaccurate
certification of
aircraft, etc.


Low flying.

Annoyance by
flying.

Irregular arrest
and
confinement.
not exceeding two years or any less punishment, provided by
this Act.
57. Every person subject to military law under this
Act who signs any certificate in relation to an aircraft or to
aircraft material without ensuring the accuracy of the
certificate shall, on conviction by court- martial, be liable to
imprisonment for two years or any less punishment provided
by this Act.
58. Every person subject to military law under this
Act, who, being the pilot of any aircraft belonging to the
Force, flies it at a height less than such height as may be
provided by regulations except—
(a) while taking off or alighting; or
(b) in such other circumstances as may be
so provided,
shall, on conviction by court-martial, be liable to
imprisonment for two years or any less punishment provided
by this Act.
59. Ever person subject to military law under this Act
who, being the pilot of any aircraft belonging to the force, files
it so as to cause, or to flying be likely to cause, unnecessary
annoyance to any person shall, on conviction by court martial,
be liable to imprisonment for two years or any less
punishment provided by this Act.
Offences Relating to, and by, Persons in Custody
60. (1) Every person subject to military law under this
Act who, when another person subject thereof is under arrest

(a) unnecessarily delays the taking of such
steps as it is his duty to take for
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investigating the allegations against
that other person or for having the
allegations against that other person
investigated by his commanding
officer 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 other person when it is his duty
to do so, shall be guilty of an offence against this section.
(2) Every person subject to military law under this
Act who, having committed a person (hereinafter referred to
as the prisoner to the custody of any provost officer or other
officer or any warrant officer or non-commissioned officer,
fails without reasonable cause to deliver—
(a) at the time of the committal; or
(b) if it is not practicable so to do at the
time of the committal, then within
twenty-four hours thereafter, to the
person to whose custody the prisoner
was committed a report in writing
signed by himself of the offence
which the prisoner is alleged to have
committed, shall be guilty of an
offence against this section.
(3) Where any person (hereinafter referred to as
“the prisoner”) is committed to the charge of a person subject
to military law under this Act who is in command of a guard,
then if without reasonable cause that person does not as soon
as he is relieved from his guard and any further duty, or, if he
is not sooner relieved, within twenty-four hours after the
committal, give to the officer to whom it is his duty to
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Permitting
escape, and
unlawful
release of
prisoners.
report—
(a) a written statement containing so far
as known to him the prisoner’s name
and alleged offence and the name and
rank or other description of the officer
or other person who alleges that the
prisoner has committed the offence;
and
(b) if he has received it, the report
required by subsection (2), he shall be
guilty of an offence against this
section.
(4) Every person guilty of an offence against this
section shall, on conviction by court-martial, be liable to
imprisonment for two years or any less punishment provided
by this Act.
61. (1) Every person subject to military law under
this Act who wilfully allows to escape any person who is
committed to his charge, or whom it is his duty to guard,
shall, on conviction by court-martial, be liable to
imprisonment or any less punishment provided by this Act.
(2) Every person subject to military law under this
Act who—
(a) without proper authority releases any
person who is committed to his
charge; or
(b) without reasonable excuse allows to
escape any person who is committed
to his charge, or whom it is his duty to
guard,

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Resistance to
arrest.

Escape from
confinement.

Offences in
relation to
courts –
martial.
shall, on conviction by court-martial, be liable to
imprisonment for two years or any less punishment provided
by this Act.
62. (1) Every person subject to military law under this
Act, who, being concerned in any quarrel or disorder, refuses
to obey any officer subject to service law who orders him into
arrest, or strikes or otherwise uses violence to, or offers
violence to, any such officer, shall be guilty of an offence
against this section whether or not the officer is his superior
officer.
(2) Every person subject to military law under
this Act who strikes or otherwise uses violence to, or offers
violence to, any person, whether subject to this Act or not,
whose duty it is to apprehend him or in whose custody he is
shall be guilty of an offence against this section.
(3) Every person guilty of an offence against this
section shall, on conviction by court-martial, be liable to
imprisonment for two years or any less punishment provided
by this Act.
63. Every person subject to military law under this Act
who escapes from arrest, prison or other lawful custody
(whether military or not) shall, on conviction by court martial,
be liable to imprisonment for two years or any less
punishment provided by this Act.
Offences in relation to Courts-Martial and Civil Authorities
64. (1) Every person subject to military law under this
Act who—
(a) having been duly summoned or
ordered to attend as a witness before
a court-martial, fails to comply with
the summons or order; or
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(b) refuses to take an oath when duly
required by a court- martial to do so;
or
(c) refuses to produce any document in
his custody or under his control
which a court-martial has lawfully
required him to produce; or
(d) when a witness, refuses to answer any
question which a court-martial has
lawfully required him to answer; or
(e) wilfully insults any person, being a
member of a court- martial or a
witness or any other person whose
duty it is to attend on or before the
court, while that person is acting as a
member thereof or is so attending, or
wilfully insults any such person as
aforesaid while that person is going to
or returning from the proceedings of
the court; or
(f) wilfully interrupts the proceedings of
a court-martial or otherwise
misbehaves before the court, shall, on conviction by a court-martial, other
than the court in relation to which the
offence was committed,
shall be liable to imprisonment for two years or any less
punishment provided by this Act.
(2) Notwithstanding anything in subsection (1),
where an offence against paragraph (e) or paragraph (f)
thereof is committed in relation to any court-martial held in
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False evidence.

Obstruction of
policeman
arresting officer
or soldier.
pursuance of this Act that court, if of opinion that it is
expedient that the offender should be dealt with summarily
by the court instead of being brought to trial before another
court-martial, may by order under the hand of the President
order the offender to be imprisoned for twenty-one days, or,
in the case of a soldier, either to be imprisoned for such a
period or to undergo detention for such a period.
(3) References in subsections (1)(a) to (f) (inclusive)
to a court- martial shall include references to a court held in
pursuance of service law.
65. (1) Every person subject to military law under
this Act who, having been lawfully sworn as a witness or
as an interpreter in proceedings before a court under service
law or before any board or person having power under
service law to administer oaths, makes a statement material in
those proceedings which he knows to be false or does not
believe to be true shall, on conviction by court-martial, be
liable to imprisonment for two years or any less punishment
provided by this Act.
(2) A person shall not be liable to be convicted of
an offence against this section solely upon the evidence of one
witness as to the falsity of any statement alleged to be false.
66. Every person subject to military law under this
Act who at any place in the Commonwealth prevents or
obstructs—
(a) the execution by a policeman of a
warrant for the arrest of a person
subject to service law who has
committed or is suspected of having
committed an offence punishable on
conviction by a civil court; or
(b) the arrest of a person subject to
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Injurious
disclosures.
service law by a policeman acting
in the exercise of his powers of
arrest without warrant, shall, on conviction by court-martial, be liable
to imprisonment for a term not
exceeding two years or any less
punishment provided by this Act.
Miscellaneous Offences
67. (1) Every person subject to military law under this
Act who without authority discloses, whether orally, in
writing by signal or by any other means whatsoever, any
information which is or purports to be information useful to
an enemy shall, on conviction by court martial, be liable to
imprisonment for a term not exceeding two years or any less
punishment provided by this Act.
(2) In this section the expression “information
useful to an enemy” means information as to any matter
such that information as to it would or might be directly or
indirectly useful to an enemy, and in particular (but without
prejudice to the generality of the foregoing provisions of
this subsection) information as to any matter falling within
the following paragraphs, being a matter such that
information as to it would or might be useful as aforesaid,
that is to say—
(a) the number, description, armament,
equipment, disposition, movement or
condition of any of the Force or of any
forces co-operating therewith, or of
any ships or aircraft of the Force or
any such co-operating force; or
(b) any operations or projected
operations of any of the Force or any
of such forces, ships or aircraft as
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Making of false
statements on
enlistment.
Making of false
documents.
aforesaid; or
(c) any code, cipher, call sign, password
or counter-sign; or
(d) any measures for the defence or
fortification of any place against an
enemy; or
(e) the number, description or location of
any prisoners of war; or
(f) munitions of war.
68. Every person who, when before a recruiting
officer for the purpose of being attested has knowingly made
a false answer to any question contained in the attestation
paper and put to him by or by direction of the recruiting
officer shall, if he has since become and remains subject to
military law under this Act, be liable on conviction by court-
martial, to imprisonment for three months or to any
less punishment provided by this Act.
69. Every person subject to military law under this
Act who—
(a) makes, signs or makes an entry in any
service report, return, pay list or
certificate or other service document,
being a document or entry which is
to his knowledge false in a material
particular; or
(b) alters any service report, return, 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,
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Scandalous
conduct of
officer.
Ill-treatment of
officers or men
of inferior rank.
defaces or makes away with any
such document or entry which it is
his duty to preserve or produce; or
(c) with intent to defraud, fails to make
an entry in any such documents; or
(d) aids, abets, commands, counsels,
procures or connives at the
commission by another person subject
to service law of an offence against
this section or the corresponding
section of the applicable service law,
as the case may be (whether or not he
knows the nature of the document in
relation to which that offence will be
committed),
shall, on conviction by court-martial, be liable to
imprisonment for two years or any less punishment provided
by this Act.
70. Every officer subject to military law under this
Act who behaves in a scandalous manner, unbecoming the
character of an officer and a gentleman, shall, on conviction
by court-martial, be cashiered.
71. If—
(a) any officer subject to military law
under this Act strikes or otherwise ill-
treats any officer subject to service
law of inferior rank or less seniority or
any soldier subject to service law; or
(b) any warrant officer or non-
commissioned officer subject to
military law under this Act strikes or
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Disgraceful
conduct.


False
accusation.

Attempts to
commit
military
offence.
otherwise ill- treats any person subject
to service law, being a warrant officer
or non-commissioned officer of
inferior rank or less seniority or a
private soldier, he shall, on conviction by court-martial, be liable to
imprisonment for two years or any
less punishment provided by this Act.
72. Every person subject to military law under this Act
is guilty of disgraceful conduct of a cruel, indecent or
unnatural kind shall, on conviction by court martial, be liable
to imprisonment for two years or any less punishment
provided by this Act.
73. Every person subject to military law under this Act
who—
(a) makes an accusation against any
officer or soldier subject to service
law, which he knows to be false or
does not believe to be true; or
(b) in making a complaint where he
thinks himself wronged, makes a
statement affecting the character of an
officer or soldier subject to service
law, which he knows to be false or
does not believe to be true or wilfully
suppresses any material facts, shall,
on conviction by court-martial, be
liable to imprisonment for two years
or any less punishment provided by
this Act.
74. Every person subject to military law under this Act
attempts to commit an offence against any of the foregoing
provisions of this part shall, on conviction by court martial, be
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Conduct to
prejudice of
military
discipline.

Civil offences.
liable to the like punishment as for that offence:
Provided that if the offence is one punishable by death,
he shall not be liable to any greater punishment than
imprisonment.
75. Every person subject to military law under this
Act who is guilty of any conduct or neglect to the prejudice of
good order and military discipline shall, on conviction by
court-martial, be liable to imprisonment for two years or any
less punishment provided by this Act.
Civil Offences
76. (1) Every person subject to military law under this
Act who commits a civil offence whether in Guyana or
elsewhere shall be guilty of an offence under this section.
(2) In this Act the expression “civil offence” means
any act or omission punishable by the law of Guyana or
which, if committed in Guyana, would be punishable by such
law; and in this Act the expression the corresponding civil
offence means the civil offence the commission of which
constitutes the offence against this section.
(3) A person convicted by court-martial of an
offence against this section shall—
(a) if the corresponding civil offence is
treason or murder, be liable to suffer
death; and
(b) in any other case, be liable to suffer
any punishment or punishments
which a civil court could award for
the corresponding civil offence, if
committed in Guyana, being a
punishment or punishments
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Punishment of
officers.
(O.15/1970)
provided by this Act, or such
punishment less than the maximum
punishment which a civil court could
so award, as is so provided:
Provided that where a civil court could not so award
imprisonment, a person so convicted shall be liable to suffer
such punishment, less than cashiering in the case of an officer,
or discharge with ignominy in the case of a soldier, as is so
provided.
(4) A person shall not be charged with an offence
against this section committed in Guyana if the corresponding
civil offence is treason, murder, manslaughter, treason-felony
or rape.
(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 of the act or
occurrence of the neglect which caused the death, irrespective
of the place of the death.
Punishments
77. (1) The punishment which may be awarded to an
officer by sentence of a court martial under this Act are,
subject to the limitations hereinafter provided on the powers
of certain court martial, those set out in the following scale;
and in relation to an officer, references to those punishments.
(2) The said scale is—
(a) death;
(b) imprisonment; (c) cashiering;
(d) dismissal from the Force;
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(e) fine of a sum not exceeding the
equivalent of ninety days’ pay;
(f) forfeiture, in such manner as may
be prescribed, of seniority of rank in
the Force, or in any unit to which the
offender belongs, or in both;
(g) severe reprimand or reprimand;
(h) where the offence has occasioned any
expense, loss or damage, stoppages.
(3) For the purposes of this Part a punishment
specified in any paragraph of the said scale shall be treated as
less than the punishments specified in the preceding
paragraphs, and greater than those specified in the following
paragraphs, of the scale.
(4) Save as expressly provided in this Act, not
more than one punishment shall be awarded by a court-
martial for one offence.
(5) Stoppages may be awarded by a court-martial
either in addition to or without any other punishment.
(6) A severe reprimand or reprimand may be
awarded by a court-martial in addition to a fine imposed
under paragraph (e), or any forfeiture of seniority awarded
under paragraph (f), of subsection (2).
(7) Where an officer is sentenced by a court-
martial to imprisonment, he shall also be sentenced to be
cashiered:
Provided that if the court-martial fails to sentence
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Punishment of
soldiers.
[O. 15/1970]
him to be cashiered, the sentence of imprisonment shall not
be invalid but shall be deemed to include a sentence of
cashiering.
78. (1) The punishments which may be awarded to
a soldier by sentence of a court-martial under this Act are,
subject to the limitations hereinafter provided on the powers
of certain courts-martial, those set out in the following scale;
and in relation to a soldier, references in this Act to
punishments provided by this Act are references to those
punishments.
(2) The said scale is—
(a) death;
(b) imprisonment;
(c) discharge with ignominy from the
Force;
(d) in the case of a warrant officer,
dismissal from the Force;
(e) detention for a term not exceeding two
years or such shorter period as may
be prescribed;
(f) where the offender is on active service
on the day of the sentence, field
punishment for a period not
exceeding ninety days;
(g) in the case of a warrant officer or
non-commissioned officer, reduction
to the ranks or any less reduction in
rank;

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(h) in the case of a warrant officer or non-
commissioned officer, forfeiture, in
such manner as may be prescribed, of
seniority of rank;
(i) fine of a sum not exceeding the
equivalent of ninety days’ pay;
(j) where the offence is desertion,
forfeiture of service;
(k) in the case of a warrant officer or
non-commissioned officer, severe
reprimand or reprimand;
(l) where the offence has occasioned any
expense, loss or damage, stoppages.
(3) For the purposes of this Part a punishment
specified in any paragraph of the said scale shall be treated as
less than the punishments specified in the preceding
paragraphs, and greater than those specified in the following
paragraphs, of the scale:
Provided that detention shall not be deemed to be a less
punishment than imprisonment if the term of detention is
longer than the term of imprisonment.
(4) Save as expressly provided in this Act, not
more than one punishment shall be awarded by a court-
martial for one offence.
(5) A soldier sentenced by a court-martial to
imprisonment may in addition thereto be sentenced to be
discharged with ignominy from the Force, and a warrant
officer sentenced by a court-martial to imprisonment may in
addition thereto be sentenced to dismissal from the Force.

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Field
punishment.
(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:
Provided that if the court-martial fails to sentence him to
be so reduced, the sentence shall not be invalid but shall be
deemed to include a sentence of reduction to the ranks.
(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 or any
forfeiture of seniority of rank.
(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
either in addition to or without any other punishment.
(10) Where an offender has been sentenced by a
court-martial to detention, then if he is subsequently
sentenced by a court-martial to imprisonment any part of the
sentence of the detention which has not been served shall
thereupon be remitted by virtue of this subsection.
(11) Without prejudice to the validity of any
award, an offender shall not be kept continuously in
detention under this Act for more than two years.
79. Field punishment shall consist of such duties or
drills, in addition to those which the offender might be
required to perform if he were not undergoing punishment,
and such loss of privileges, as may be provided by and
under regulations made under this Part, and may include
confinement in such place and manner as may be so provided
and such personal restraint as may be necessary to prevent
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Imprisonment.

Power to arrest
offenders.

the escape of the offender and as may be so provided.
80. Where in this Act it is provided that any person
subject to military law under this Act is liable on
conviction by court-martial to imprisonment and no term
or maximum term of imprisonment is specified then such
person shall be liable to imprisonment for any term.
Arrest
81. (1) Any person subject to military law under this
Act found committing an offence against any provision of this
Act, or alleged to have committed or reasonably suspected of
having committed any such offence, may be arrested in
accordance with the following provisions of this section.
(2) An officer may be arrested by an officer subject
to service law of superior rank, or, if engaged in a quarrel or
disorder, by such an officer of any rank.
(3) A soldier may be arrested by an officer, warrant
officer or non-commissioned officer subject to service law:
Provided that a person shall 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 subject to service law
lawfully exercising authority under a provost officer or on
his behalf, may arrest any officer or soldier:
Provided that an officer shall 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.
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Provisions for
avoiding delay
after arrest.

Investigation of
charges by
commanding
officer.
82. (1) The allegations against any person subject to
military law under this Act who is under arrest shall be duly
investigated without unnecessary delay, and as soon as may
be either proceeding shall be taken for punishing his offence
or he shall be released from arrest.
(2) Wherever any person subject to military law
under this Act, having been taken into military custody,
remains under arrest for a longer period than eight days
without a court-martial for his trial being assembled, a
special report on the necessity for further delay shall be made
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 the like manner every eight days
until a court-martial is assembled or the offence is dealt with
summarily or he is released from arrest:
Provided that in the case of a person on active service
compliance with this 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 section 60(1) the question
whether there has been unnecessary delay in the taking
of any steps for the investigation of allegations against a
person under arrest shall be determined without regard to
the provisions of subsection (2) of this section.
Investigation of, and Summary Dealing with, Charges
83. Before an allegation against a person subject to
military law under this Act (hereinafter referred to as ―the
accused‖) that he has committed an offence against any
provision of this Part is further proceeded with, the
allegation shall be reported, in the form of a charge, to the
accused’s commanding officer and the commanding officer
shall investigate the charge in the prescribed manner.
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Charges to be
dealt with
summarily or
by court-
martial.

84. (1) After investigation, a charge against an officer
below the rank of lieutenant-colonel or against a warrant
officer may, if an authority has power under the following
provisions of this Part to deal with it summarily, be so dealt
with by that authority (in this Act referred to as “the
appropriate superior authority”) in accordance with those
provisions.
(2) After investigation, a charge against a non-
commissioned officer or private soldier may be dealt with
summarily by his commanding officer, subject to, and in
accordance with, the following provisions of this Part.
(3) Any charge not dealt with summarily as
aforesaid shall, after investigation, be remanded for trial by
court-martial.
(4) Notwithstanding anything in the foregoing
provisions of this section, where—
(a) the commanding officer has
investigated a charge against an
officer or warrant officer; or
(b) the commanding officer has
investigated a charge against a non-
commissioned officer or private
soldier, which is not one which can be
dealt with summarily, the commanding officer may dismiss the
charge if he is of opinion that it ought
not to be further proceeded with.
(5) References in this Act to dealing summarily
with a charge are references to the taking by the appropriate
superior authority or the commanding officer of the accused,
as the case may require, of the following action, that is to say,
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Further
proceedings on
charge s
against non-
commissioned
officers and
soldiers.
determining whether the accused is guilty, dismissing the
charge or recording a finding of guilty accordingly, and
awarding punishment.
85. (1) The following provisions of this section shall
have effect where the commanding officer has investigated a
charge against a non-commissioned officer or private soldier.
(2) If—
(a) the charge is not one which can be
dealt with summarily and the
commanding officer has not
dismissed it; or
(b) the charge is one which can be dealt
with summarily but the commanding
officer is of opinion that it should not
be so dealt with, he shall take the
prescribed steps with a view to the
charge being tried by court-martial.
(3) Otherwise the commanding officer shall
proceed to deal with the charge summarily; and if he records
a finding of guilty he may award one or more of the following
punishments:
(a) if the accused is a non-commissioned
officer—
(i) a fine of a sum not exceeding
the equivalent of twenty-eight
days’ pay;
(ii) severe reprimand or
reprimand;
(iii) where the offence has
occasioned any expense, loss or
damage, stoppages;
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(iv) stoppage of leave;
(v) admonition;
(b) if the accused is a private soldier—
(i) detention for a period not
exceeding forty-two days or, if
the accused is on active service,
field punishment for a period
not exceeding forty-two days;
(ii) a fine of a sum not exceeding
the equivalent of twenty-eight
days’ pay;
(iii) where the offence has
occasioned any expense, loss or
damage, stoppages;
(iv) confinement to barracks for a
period beginning with the day
of the sentence and not
exceeding twenty-eight days;
(v) stoppage of leave;
(vi) extra guards, piquets, duty or
drill;
(vii) admonition.
(4) Where the accused is a lance-corporal or of
corresponding rank and the commanding officer finds him
guilty, the commanding officer may, if he awards no other
punishment or no other punishment except stoppages, order
the accused to be reduced to the ranks.
(5) Where the accused is an acting warrant officer
or acting non-commissioned officer, and the commanding
officer finds him guilty, the commanding officer may, if he
awards no other punishment or no other punishment except
stoppages, order the accused to revert to his permanent
rank or to assume an acting rank lower than that held by him
but higher than his permanent rank.
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Further
proceedings
on charges
against officers
and warrant
officers.
(6) Notwithstanding anything in subsection (3),
where the commanding officer has determined that the
accused is guilty and if the charge is dealt with summarily
will award detention or field punishment, the commanding
officer shall not record a finding until after affording the
accused an opportunity of electing to be tried by court-
martial; and if the accused so elects and does not
subsequently in accordance with regulations withdraw his
election the commanding officer shall not record a finding
but shall take the prescribed steps with a view to the charge
being tried by court-martial.
(7) Where a charge is one which can be dealt with
summarily, but the commanding officer has taken steps with
a view to its being tried by court-martial, any higher authority
to whom the charge is referred may refer the charge back to
the commanding officer to be dealt with summarily; and
on any such reference subsections (3), (4), (5) and (6) shall
apply as if the commanding officer had originally been of
opinion that the charge should be dealt with summarily:
Provided that a charge shall not be referred back where
the accused has elected to be tried by court-martial and has
not withdrawn his election.
86. (1) After investigating a charge against an officer
or warrant officer, the commanding officer shall unless he has
dismissed the charge, or the case is one where he has no
power, and purpose to direct trial by field court martial,
submit it in the prescribe manner to higher authority and
thereupon it shall be determined by such authority how the
charge is to be proceed with in accordance with subsections
(2) and (3).
(2) If the charge is one which can be dealt with
summarily, it may be referred to the appropriate superior
authority.
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(3) If the charge is not so referred, the prescribed
steps shall be taken with a view to its being tried by court-
martial.
(4) Where the charge is referred to the
appropriate superior authority, that authority shall
investigate the charge in the prescribed manner and
determine whether the accused is guilty of the charge and
accordingly dismiss the charge or record a finding of guilty:
Provided that if in the course of investigating the
charge the authority determines that it is desirable that the
charge should be tried by court-martial, the prescribed steps
shall be taken with a view to its being so tried.
(5) If the appropriate superior authority records
a finding of guilty, the authority may award one or more
of the following punishments:
(a) a fine of a sum not exceeding the
equivalent of twenty- eight days’ pay;
(b) forfeiture, in such manner as may be
prescribed, of seniority of rank,
where the accused is an officer the
forfeiture being of seniority of rank
either in the Force or in the unit to
which the accused belongs or in both;
(c) severe reprimand or reprimand;
(d) where the offence has occasioned any
expense, loss or damage, stoppages.
(6) Notwithstanding anything in subsection (4),
where the appropriate superior authority has determined that
the accused is guilty and if the charge is dealt with
summarily will award a fine under paragraph (a) or any
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Dismissal of
charges
referred to
higher
authority.


Officers who
are to act as
commanding
officers and
appropriate
superior
authorities.
forfeiture of seniority under paragraph (b), of subsection
(5) or stoppages, or where a finding of guilty will involve a
forfeiture of pay, the authority shall not record a finding
until after affording the accused an opportunity of electing to
be tried by court- martial; and if the accused so elects the
authority shall not record a finding but shall take the
prescribed steps with a view to the charge being tried by
court-martial.
87. (1) Notwithstanding anything in sections 85 and
86, where a charge—
(a) has been referred to higher authority
with a view to its being tried by court-
martial; or
(b) has been submitted to higher
authority for determination how it is
to be proceeded with, that authority
may refer the charge back to the
commanding officer of the accused
with a direction that it shall be
dismissed, and in any such case the
commanding officer shall dismiss the
charge.
(2) The reference back of a charge in pursuance of
this section shall be without prejudice to the preferring of
another charge if the higher authority has so directed or the
commanding officer thinks fit.
88. (1) In this Act the expression commanding officer,
in relation to a person charged with an offence, means either
the officer for the time being commanding the unit to which
the person belongs that the officer commanding that unit
cannot effectively exercise his powers as commanding officer
over it, the officer commanding over that person as may be
determined by regulations.
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Limitation on
powers of
summary
dealing with
charges.

Trial by, and
powers of,
ordinary court-
martial.
(2) The following persons may act as appropriate
superior authority in relation to a person charged with an
offence, that is to say any officer having power to convene
ordinary courts-martial.
(3) Regulations may confer on officers, or any class
of officers, who by or under this Act or the regulations are
authorised to exercise the functions of commanding officer
power to delegate those functions, in such cases and to such
extent as may be specified in the regulations, to officers of a
class so specified.
89. (1) The charges which may not be dealt with by a
commanding Limitation on officer, the charges which may
not be dealt with by an appropriate powers of superior
authority and the charges which may not be dealt with
summary summarily by a commanding officer or an
appropriate superior authority dealing with except with the
permission of higher authority, shall be such as may be
specified by or under regulations. Any charge not so
specified, and, upon obtaining such permission as aforesaid,
any charge which may be dealt with summarily with such
permission, may be dealt with summarily by a commanding
officer or an appropriate superior authority, as the case may
be.
(2) In such case as may be specified in that behalf
by regulations, the powers of a commanding officer or
appropriate superior authority to award punishment shall be
subject to such limitations as may be so specified.
Court-Martial: General Provisions
90. Subject to this Act, an ordinary court-martial
under this Act shall have power to try any person subject to
military law under this Act for any offence which under this
Act is triable by court-martial and to award for any such
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Trial by, and
powers of field
court- martial.

Officers having
powers to
convene
courts-martial
offence any punishment authorised by this Act for that
offence.
91. (1) Where an officer commanding anybody of the
Force on active service—
(a) being an officer to whom under
section 86(1) a charge has been
submitted for determining how it is to
be dealt with; or
(b) being the accused’s commanding
officer who has investigated a charge
which cannot be dealt with
summarily or which in his opinion
ought not to be so dealt with; or
(c) being the accused’s commanding
officer or the appropriate superior
authority who has investigated a
charge on which the accused has
elected to be tried by court-martial,
is of opinion that it is not possible without serious detriment
to the public service that the charge should be tried by an
ordinary court-martial, the officer may (whether or not he is
authorised to convene ordinary courts- martial) direct that the
charge shall be tried by a field court-martial.
(2) A field court-martial shall have the powers of
an ordinary court-martial, except that where the court
consists of less than three officers the sentence shall not
exceed imprisonment for a term of two years.
92. (1) An ordinary court-martial may be convened by
the Chief of Staff or any officer authorised to convene
ordinary courts-martial by the Defence Board.

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Constitution of
ordinary
courts-martial.
(O.15/1970)
(2) A field court-martial may be convened by the
officer who directed that the charge should be tried by field
court-martial.
(3) Any authorisation under this section to convene
ordinary courts-martial—
(a) may be made subject to restrictions,
reservations, exceptions or conditions;
(b) may be addressed to officers by name
or by designation of their offices, and
may be issued or given to a named or
designated officer, to a named or
designated officer and to the person
for the time being performing the
duties of his office, to a named or
designated officer and his successors
in that office or to a named or
designated officer and such person
and his successors;
(c) may be varied or may be revoked
either wholly or in part by the
Defence Board.
93. (1) An ordinary court martial shall consist of the
president and not less than two other officers:
Provided that an ordinary court-martial shall consist
of five members if—
(a) an officer is to be tried; or
(b) the only punishment or the maximum
punishment which can be awarded in
respect of a charge before the court is
death.
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Constitution
of field courts-
martial.
(2) Save as hereinafter provided, an officer shall
not be appointed a member of an ordinary court-martial
unless he belongs to the Force, is subject to service law and
has been an officer therein or in any Commonwealth force for
a period of not less than two years or for periods amounting
in the aggregate to not less than two years.
(3) Not less than two of the members of an
ordinary court-martial shall be of a rank not below that of
captain or corresponding rank.
(4) The president of an ordinary court-martial shall
be appointed by order of the convening officer and shall not
be under the rank of field officer or corresponding rank
unless in the opinion of the convening officer an officer of
field or corresponding rank having suitable qualifications is not, with due regard to the public service, available; and in
any event the president of an ordinary court-martial shall not
be under the rank of a captain or corresponding rank.
(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 under the rank of captain or
corresponding rank shall not be a member of an ordinary
court-martial for the trial of an officer above that rank.
94. (1) A field court-martial shall consist of the
president and not less than two other officers, or, if the
convening officer is of opinion that three officers having
suitable qualification are not available without serious
detriment to the public service, shall consist of the president
and one other officer.
(2) Save as hereinafter provided, the members of a
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Supplementary
provisions as to
constitution of
courts-martial.
field court- martial shall be officers belonging to the Force and
subject to service law.
(3) The president of a field court-martial shall be
an officer appointed by the convening officer and shall not be
under the rank of captain or corresponding rank.
(4) The members of a field court-martial, other
than the president, shall be appointed by order of the
convening officer or in such manner as may be prescribed.
95. (1) The officer who convenes a court-martial shall
not be a member of that court-martial:
Provided that if in the case of a field court-martial it is
not practicable in the opinion of the convening officer to
appoint another officer as president, he may himself be
president of the court-martial.
(2) An officer who, at any time between the date on
which the accused was charged with the offence and the date
of the trial, has been the commanding officer of the accused,
and any other officer who has investigated the charge against
the accused, or who under service law has held, or has acted
as one of the persons holding, an enquiry into matters relating
to the subject matter of the charge against the accused, shall
not sit as a member of an ordinary court-martial or act as a
judge advocate at such a court-martial.
(3) If any court-martial is required to be convened
at any place where in the opinion of the convening officer the
necessary number of officers belonging to the Force and
having requisite qualifications is not available to form the
court, and cannot be made available with due regard to the
public service, the convening officer may, with the consent of
the proper military authority, appoint any officer of a
Commonwealth force as president in lieu of an officer
belonging to the Force or as any other member of the court in
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lieu of or in addition to an officer or officers belonging to the
Force:
Provided that no officer of a Commonwealth force shall
be qualified to act in relation to a court-martial unless he is of
a rank not lower than that which would have been required in
the case of an officer belonging to the Force and has been an
officer in a Commonwealth force for the like period or
periods as would have been so required.
(4) Where—
(a) the officer convening an ordinary
court-martial appoints a captain or an
officer of corresponding rank to be
president, being of opinion that an
officer of field or corresponding rank
having suitable qualifications is not
with due regard to the public service
available;
(b) an officer directs that an offender
shall be tried by a field court-martial,
being of opinion that it is not possible
without serious detriment to the
public service that the offender
should be tried by an ordinary court-
martial, or the officer convening a
field court-martial appoints two
officers only to be members of the
court, being of opinion that three
officers having suitable qualifications
are not without serious detriment to the public service available, or
appoints himself to be president being
of opinion that it is not practicable to
appoint another officer as president;
or
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Place for sitting
of courts-
martial and
adjournment to
other places.


Challenges by
accused.
(c) the officer convening any court-
martial appoints an officer, not
being an officer belonging to the
Force, as president or any other
member of the court being of opinion
that the necessary number of officers
belonging to the Force and having
requisite qualifications is not available
to form the court and cannot be made
available with due regard to the
public service, the order convening
the court-martial shall contain a
statement of such opinion, and that
statement shall be conclusive.

96. (1) Subject to this section, a court-martial shall sit
at such place (whether within or without Guyana) as may be
specified in the order convening the court; and the convening
officer may convene it to sit at a place outside the limits of his
command.
(2) A court-martial sitting at any place shall, if the
convening officer directs it to sit at some other place, and may
without any such direction if it appears to the court requisite
in the interests of justice to sit at some other place, adjourn for
the purpose of sitting at that other place.
Courts-Martial: Provisions Relating to Trial
97. (1) An accused about to be tried by any court-
martial shall be entitled to object, on any reasonable grounds,
to any member of the court, whether appointed originally or
in lieu of another officer.
(2) For the purpose of enabling the accused to avail
himself of the right conferred by subsection (1) the names of
the members of the court shall be read over in the presence of
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Administration
of oaths.
the accused before they are sworn, and he shall be asked
whether he objects to any of those officers.
(3) Every objection made by an accused to any
officer shall be considered by the other officers appointed
members of the court.
(4) If objection is made to the president and not
less than one- third of the other members of the court allow it,
the court shall adjourn and the convening officer shall
appoint another president.
(5) If objection is made to a member of the court
other than the president and not less than one-half of the
members entitled to vote allow it, the member objected to
shall retire and the vacancy may, and if otherwise the number
of members would be reduced below the legal minimum
shall, be filled in the prescribed manner by another officer.
98. (1) An oath shall be administered to every member
of a court martial and to any person in attendance on a court
martial as judge advocate, officer under instruction, short
hand writer or interpreter.
(2) Every witness before a court martial shall be
examined on oath:
Provided that where any child of tender years called as a
witness does not in the opinion of the court understand the
nature of an oath, his evidence may be received, though not
given upon oath, if in the opinion of the court he is
possessed of sufficient intelligence to justify the reception of
the evidence and understands the duty of speaking the truth,
so however that, where the evidence is given on behalf
of the prosecution, the accused shall not be liable to be
convicted upon such evidence alone unless it is corroborated
by some other material evidence in support thereof
implicating the accused:
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Courts-martial
to sit in open
court.


Dissolution of
courts-martial.
(3) An oath required to be administered under this
section shall be in the prescribed form and shall be
administered at the prescribed time by the prescribed person
and in the prescribed manner.
99. (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) shall affect the power
of a court- martial to sit in camera on the ground that it is
necessary or expedient in the interests of the administration
of justice to do so; and without prejudice to that power a
court-martial may order that, subject to any exceptions the
court may specify, the public shall be excluded from all or any part of the proceedings of the court if it appears to the
court that any evidence to be given or statement to be made
in the course of the proceedings or that part, as the case may
be, might otherwise lead to the disclosure of any information
which would or might be directly or indirectly useful to an
enemy.
(3) A court-martial shall sit in closed court while
deliberating on their finding or sentence on any charge.
(4) A court-martial may sit in closed court on
any other deliberation amongst the members.
(5) Where a court-martial sits in closed court no
person shall be present except the members of the court and
such other persons as may be prescribed.
100. (1) Where, whether before or after the
commencement of the trial, it appears to the convening officer
necessary or expedient in the interests of the administration of
justice that a court-martial should be dissolved, the convening
officer may by order dissolve the court-martial.

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Decisions of
Courts-martial
(2) Without prejudice to the generality of
subsection (l), if after the commencement of the trial a court-
martial is, by reason of the death of one of the members or for
any other reason, reduced below the legal minimum, it shall
be dissolved.
(3) If after the commencement of the trial the
president dies or is otherwise unable to attend and the court
is not reduced below the legal minimum, then—
(a) if the senior member of the court is of
the rank of captain or corresponding
rank or is of higher rank, the
convening officer may appoint him
president and the trial shall proceed
accordingly; but
(b) if he is not, the court shall be
dissolved.
(4) Without prejudice to the generality of
subsection (l), if after the commencement of the trial it is
represented to the convening officer that owing to the
sickness or other incapacity of the accused it is
impracticable having regard to all the circumstances to
continue the trial within a reasonable time, the convening
officer may dissolve the court.
(5) Where a court-martial is dissolved under the
foregoing provisions of this section the accused may be tried
by another court- martial.
101. (1) Subject to this section, every question to be
determined on a trial by court martial shall be determined by
a majority of the votes of the members of the court.
(2) In the case of an equality of votes on the
finding, the court shall acquit the accused.
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Finding and
sentence.
Power to
convict of
offence other
than that
charged.
(3) A finding of guilty where the only punishment
which the court can award is death shall not have effect
unless it is reached with the concurrence of all members of the
court; and where on such a finding being come to by a
majority of the members there is no such concurrence, the
court shall be dissolved and the accused may be tried by
another court.
(4) Where 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.
(5) In the case of an equality of votes on the
sentence, or on any question arising after the commencement
of a trial, except the finding, the president shall have a second
or casting vote.
102. (1) Without prejudice to section 99, the finding of
a court-martial on each charge shall be announced in open
court.
(2) Any finding of guilty shall be, and be
announced as being, subject to confirmation.
(3) Any sentence of a court-martial, together
with any recommendation to mercy, shall be announced in
open court, and a sentence of a court-martial shall be, and be
announced as being, subject to confirmation.
103. (1) An accused charged before a court-martial
with an offence under this Act, may, on failure of proof of the
offence having been committed under circumstances
involving a higher degree of punishment, be found guilty
of the offence as having been committed under circumstances
involving a less degree of punishment.

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Second
Schedule.


Rules of
evidence.
(2) An accused charged before a court-martial with
any offence may be found guilty of attempting to commit that
offence.
(3) An accused charged before a court-martial with
attempting to commit an offence may be convicted on that
charge notwithstanding that it is proved that he actually
committed the offence.
(4) Where an accused is charged before a court-
martial under section 76 in respect of attempting to commit a
civil offence, he may be convicted on that charge
notwithstanding that it is proved that he actually committed
the civil offence.
(5) Where an accused is charged before a court-
martial with an offence against section 76, and the
corresponding civil offence is one in proceedings for which, if
he had been tried by a civil court for committing the offence
in Guyana, he might have been found guilty of another civil
offence, then if the court finds that he has committed that
other civil offence he may be convicted of an offence against
section 76 in respect of the commission of that other civil
offence.
(6) An accused 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.
104. (1) Subject to this Act, the rules of evidence to be
observed in proceedings before courts-martial shall be the
same as those observed in civil courts in Guyana, and no
person shall be required in proceedings before a court-martial to answer any question or to produce any document which
he could not be required to answer or produce in similar
proceedings before a civil court in Guyana.

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(2) Notwithstanding anything in subsection (1),
a statutory declaration shall, in a trial by court-martial be
admissible as evidence of the facts stated in the declaration in
a case where, and to the extent which, oral evidence to the
like effect would be admissible in that trial:
Provided that a statutory declaration shall not be
admitted in evidence in any such trial on behalf either of the
prosecution or of the defence—
(a) where the declaration is put forward
on behalf of the prosecution, unless a
copy of the declaration has not less
than seven days before the
commencement of the trial, been
served on the accused; or
(b) where the declaration is put forward
on behalf of the defence, unless a copy
of the declaration has, not less than
seven days before the
commencement of the trial, been
served on the commanding officer of
the accused or the commanding
officer of the accused has given his
agreement in writing to its admission;
or
(c) in any case, if, not later than three
days before the commencement of
the trial or within such further time as
the court-martial may in special
circumstances allow, the accused or,
as the case may be, the commanding
officer of the accused serves a notice
in the prescribed form on the
commanding officer or accused
requiring that oral evidence shall be
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Privilege of
witnesses and
others at
courts-martial.
Offences by
civilians in
relation to
courts-martial.
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
should 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 knowledge of the court, and of all other matters of
which judicial notice would be taken in a civil court in
Guyana.
105. A witness before a court-martial or any other
person whose duty it is to attend on or before the court shall
be entitled to the same immunities and privileges as a witness
before the High Court.
106. (1) Where in Guyana any person other than a
person subject to military law under this Act—
(a) having been duly summoned to attend as
a witness before a court-martial, fails
to comply with the summons; or
(b) refuses to swear an oath when duly
required by a court- martial to do so;
or
(c) refuses to produce any document in his
custody or under his control which a
court-martial has lawfully required
him to produce; or
(d) when a witness, refuses to answer any
question which a court-martial has
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lawfully required him to answer; or
(e) wilfully insults any person, being a
member of a court- martial or a
witness or any other person whose
duty it is to attend on or before the
court, while that person is acting as a
member thereof or is so attending, or
wilfully insults any such person as
aforesaid while that person is going to
or returning from the proceedings of
the court; or
(f) wilfully interrupts the proceedings of
a court-martial or otherwise
misbehaves before the court; or
(g) does any other thing which would, if
the court-martial had been a court of
law having power to commit for
contempt, have been in contempt of
that court, the president of the court-
martial may certify the offence of that
person under his hand to the High
Court, and that court may thereupon
inquire into the alleged offence and
after hearing any witnesses who may
be produced against or on behalf of
the person charged with the offence,
and after hearing any statement that
may be offered in defence punish or
take steps for the punishment of that
person in like manner as if he had
been guilty of contempt of the High
Court
(2) In this section “court-martial” means a court
held under service law.
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Affirmations.

Confirmation
of proceedings
of courts
martial.

Petition against
finding or
107. If—
(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 religious belief or that the
taking of an oath is contrary to his
religious belief; or
(b) it is not reasonably practicable to
administer an oath to such a person as
aforesaid 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
Courts-Martial
108. (1) Where a court martial finds the accused guilty
on any charge, the record of the proceedings of the court
martial shall be transmitted to a confirming authority for the
finding and sentence of the court on that charge.
(2) A finding of guilty or sentence of a court
martial shall not be treated as a finding or sentence of the
court until confirmed:
Provided that this subsection shall not affect the keeping of
the accused in custody pending confirmation, or the
operation of sections 109 and 110 or the provisions of this Act
as to confirmation or approval.
109. At any time after a court martial has sentenced
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sentence.

Revision of
findings of
courts-martial.
the accused, but not later than the prescribed time after
confirmation is completed, the accused may in the prescribed
manner present a petition against finding or sentence or both.
110. (1) A confirming authority may direct that a court
martial shall revise any finding come to by the court in case
where it appears to him –
(a) that the finding was against the
weight of evidence; or
(b) that some question of law determined
at the trial and relevant to the finding
was wrongly determined.
(2) Any such direction shall be accompanied by the
necessary directions for the reassembly of the court, and shall
contain a statement of the reasons for the direction.
(3) On any revision of a finding the court shall
reconsider the finding, and (unless the court adheres thereto)
may substitute therefor either a finding of not guilty or any
other finding to which the court could originally have come at
the trial in lieu of the finding under revision.
(4) On any such revision the court shall not have
power to receive further evidence.
(5) Where on any such revision the court either
adheres to the original finding or substitutes therefor a
finding of guilty of another offence, or of the same offence in
different circumstances the court may substitute a different
sentence for the original sentence:
Provided that the court shall not have power to
substitute a sentence of a punishment greater than the
punishment or the greatest of the punishments awarded by
the original sentence, or to substitute a sentence which in
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Powers of
confirming
authorities.
the opinion of the court is more severe than the original
sentence.
(6) The confirming authority shall not have power
to direct the revision of any substituted finding come to by
the court on a previous direction of the confirming authority,
or the revision of the original finding if adhered to by the
court on such a previous direction; but save as aforesaid this
Act shall apply to the proceedings of the court on any such
revision as it applies to their deliberations on the original
finding or sentence and any substituted finding or sentence
shall be treated for all purposes as an original finding or
sentence of the court:
Provided that the decision of the court on the revision
shall not be required to be announced in open court.
111. (1) Subject to section 110 and to the following
provisions of this section, a confirming authority shall deal
with the finding or sentence of a court martial either by
withholding confirmation, if of opinion that the finding of the
court is 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,
or by confirming the finding or sentence or referring the
finding or sentence, or both, for confirmation to a higher
confirming authority.
(2) In lieu of withholding confirmation of the
finding of a court-martial, a confirming authority may, if—
(a) some other finding of guilty could have
been validly made by the court
martial on the charge before it; and
(b) he is of opinion that the court-martial
must have been satisfied of the facts
necessary to justify that other finding,
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substitute that other finding, and if he
does so he shall consider in what
manner, if at all, the powers conferred
by subsection (4) should be exercised.
(3) Where it appears to a confirming authority that
a sentence of a court-martial is invalid, he may, in lieu of
withholding confirmation of the sentence, substitute therefor
a sentence of any punishment or punishments which could
have been awarded by the court, not being greater than the
punishment or the greatest of the punishments awarded by
the court and not in his opinion more severe than that
punishment or those punishments.
(4) In confirming the sentence of a court-martial,
the confirming 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 punishment or
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 duly confirmed.
(6) The confirmation of a finding or sentence shall
not be deemed to be completed until the finding or sentence
has been promulgated; and in the event of any such
substitution, remission or commutation as aforesaid the
finding or sentence shall be promulgated as it has effect after
the substitution, remission or commutation.
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Confirming
authorities.
(7) Where the confirming authority determines
to withhold confirmation, the determination shall be
promulgated and shall have effect as from the promulgation
thereof.
112. (1) Subject to this section, the following shall have
power to confirm the finding and sentence of any court-
martial:
(a) he officer who convened the court-
martial or any officer superior in
command to that officer; or
(b) the successor of any such officer or
superior officer, or any person for the
time being exercising the functions of
any such officer or superior officer; or
(c) failing any such officer as aforesaid—
(i) any officer appointed by the
Defence Board to act as
confirming authority, whether
for the particular case or for a
specific class of cases; or
(ii) the Defence Board.
(2) The following shall not have power to confirm
the finding or sentence of a court-martial:
(a) any officer who was a member of the
court-martial; or
(b) any person who, as commanding
officer of the accused, investigated the
allegations against him or who is for
the time being the commanding
officer of the accused; or
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Approval of
death sentence
by President.
Review of
findings and
sentences of
courts-martial.
(c) any person who, as appropriate
superior authority, investigated the
allegations against the accused:
Provided that a person excluded by the foregoing
provisions of this subsection may act as confirming authority
for a field court-martial, if otherwise having power to do so,
where he is of opinion that it is not practicable, having due
regard to the public service, to delay the case for the purpose
of referring it to another confirming authority.
(3) An authorisation empowering the convening
of an ordinary court-martial may reserve for confirmation
by superior authority findings or sentences or both in such
circumstances as may be specified by or under the
authorisation, and the powers conferred by subsection (1)
shall be exercisable subject to any such reservation.
113. A sentence of death shall not be carried into effect
unless it has been approved by the President acting on the
recommendation of the advisory authority.
114. (1) A finding or sentence which has been
confirmed may at any time be reviewed by a reviewing
authority, and if after confirmation of a finding or sentence a
petition is duly presented under section 109 against the
finding or sentence then, subject to provisions of this section,
the finding or sentence shall be so reviewed as soon as may be
after presentation of the petition and after consideration of
the matters alleged therein.
(2) The reviewing authorities for the purposes of
this Act are:
(a) the President acting on the
recommendation of the advisory
authority;
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(b) the Defence Board or (so far as the
delegation extends) any officer to
whom the powers of the Defence
Board as reviewing authority, or any
of those powers, may be delegated
by regulations; or
(c) any officer superior in command to
the confirming officer.
(3) If an appeal or an application for leave to
appeal is received by the Registrar of the Supreme Court
under Part VI of this Act so much of subsection (l) as requires
the review of a finding or sentence against which a petition has been presented shall thereupon cease to apply to the
finding to which the appeal or the application for leave to
appeal relates and the sentence passed in consequence of that
finding.
(4) On a review under this section the reviewing
authority may—
(a) in so far as the review is of a finding,
quash the finding and, if the sentence
relates only to the finding quashed,
the sentence; or
(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 111(2) to (4)
inclusive,
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Reconsidera-
tion of
sentences of
imprisonment
and detention.

Reviewing of
summary
findings and
awards.

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.
(5) Where a reviewing authority exercises any of
the powers conferred by subsection (4) of this section, the
determination of the authority shall be promulgated and
shall have effect as from the promulgation thereof.
115. (1) Sentences of imprisonment and detention
passed by courts-martial may be reconsidered by the Chief of
Staff or by such officers (not below the rank of colonel or
corresponding rank) as may be from time to time 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 remission of the sentence, whether
in part or in whole, it may be remitted accordingly.
(2) The power to reconsider a sentence may be
exercised at any time after confirmation, and where after
review a sentence remains effective it shall be reconsidered
at intervals of six months:
Provided that delay in complying with this subsection shall
not invalidate the sentence.
Review of Summary Findings and Awards
116. (1) Where a charge has been dealt with
summarily, otherwise than by the dismissal thereof, the
authority hereinafter mentioned may at anytime review the
finding or award.
(2) The said authority is—
(a) the Defence Board; or
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(b) any officer superior in command to
the officer who dealt summarily with
the charge.
(3) Where on a review under this section it appears
to the said authority expedient so to do by reason of any
mistake of law in the proceedings on the summary dealing
with the charge or of anything occurring in those proceedings
which in the opinion of the authority involved substantial
injustice to the accused, the authority may quash the finding.
(4) If a finding in any proceedings is quashed
under subsection (3) and the award made in those
proceedings relates only to the finding quashed, 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
such punishment or punishments as the authority may think
proper, being a punishment or punishments which could
have been included in the original award in relation to that
other finding, and not being in the opinion of the authority
more severe than the punishment or the punishments
included in the original award.
(5) Where on a review under this section it appears
to the said authority that a punishment awarded was
invalid, or too severe, or (where the award included two
or more punishments) that those punishments or some of
them could not validly have been awarded in combination or
are, taken together, too severe, the authority may vary the
award by substituting such punishment or punishments
as the authority may think proper, being a punishment or
punishments which could have been included in the original award and not being in the opinion of the authority more
severe than the punishment or punishments included in the
original award.
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Provisions
where accused
found insane.

Findings of Insanity, etc
117. (1) Where, on the trial of a person by court-
martial, it appears to the court that the accused is by reason of
insanity unfit to stand his trial, the court shall so find; and if
the finding is confirmed in accordance with the following
provisions of this section the accused shall be kept in custody
in such manner as may be provided by or under regulations
under this Part until the directions of the Minister are known
or until any earlier time at which the accused is fit to stand his
trial.
(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, to support a finding that the accused
was guilty of any offence, but that at the time of the acts or
omissions constituting that offence the accused was insane,
the court shall find that the accused was guilty of that
offence but was insane at the said time, and thereupon the
accused shall be kept in custody in such manner as may be
provided by or under regulations under this Part until the
directions of the Minister are known.
(3) In the case of any such finding as aforesaid the
Minister may give orders for the safe custody of the accused
during his pleasure in such place and in such manner as the
Minister thinks fit.
(4) A finding under subsection (1) shall not have
effect unless and until the finding has been confirmed by an
authority who would have had power to confirm a finding of
guilty come to by the court-martial in question and has been
promulgated.
(5) Where the court or the confirming authority
comes to or substitutes a finding of guilty but insane the
confirming authority or, as the case may be, the reviewing
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Commence-
ment of
sentences.


Duration of
sentences of
imprisonment
or detention.

authority shall not have power to substitute for that finding
a finding of guilty; but save as aforesaid the provisions of this
Act as to revision, confirmation and review (and in particular
the provisions of this Act which confer power to substitute for
any finding any other finding which could have been come to
by the court-martial in question) apply in relation to such findings as are provided for by subsection (2) as those
provisions apply in relation to other findings of guilty.
Commencement, Suspension and Duration of Sentences
118. A military sentence of imprisonment or detention
or a sentence of field punishment shall, subject to section 143
(which empowers the Court of Appeal in certain cases to
direct that a sentence shall begin to run from the day on
which the court dismisses an application for leave to appeal),
begin to run from the beginning of the day on which sentence
was originally pronounced by the court marital trying the
offender or, as the case may be, was originally awarded by his
commanding officer.
119. (1) where any person serving a military sentence
of imprisonment of detention becomes unlawfully at large
during the currency of the sentence, then in calculating the
period for which he is liable to be imprisoned in pursuance of
the sentence, no account shall be taken of time elapsing
during the period beginning with the day on which he
became at large and ending with the day on which, as a
person having become unlawfully at large, he is taken into
military custody or the custody of a civil authority or (not
having been taken into such custody) returns to the place in
which he was imprisoned or detained before he became
unlawfully at large:
Provided that if he satisfies such authority as may be
specified in that behalf by or under Imprisonment and
Detention Regulations that during any time during the last-
mentioned period he was—
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(a) in the custody of a civil authority; or
(b) if and in so far as Imprisonment and
Detention Regulations so provide, in
the custody of any military authority
of any country or territory outside
Guyana as respects which
arrangements have been made under
section 122, otherwise than on
account of an offence committed by
him while unlawfully at large, the
last-mentioned time shall not be
disregarded in calculating the period
for which he is liable to be imprisoned
or detained in pursuance of the
military sentence.
(2) In subsection (1) the expression “civil
authority” means a civil authority (whether of Guyana or of
any country or territory outside Guyana), authorised by law
to detain persons, and includes a policeman.
(3) Without prejudice to subsection (1) where any
person serving a military sentence of imprisonment or
detention has in accordance with Imprisonment and
Detention Regulations been temporarily released on
compassionate grounds, then, in calculating the period for
which he is liable to be imprisoned or detained in pursuance
of the sentence, no account shall be taken of time elapsing
during the period beginning with the day after that on which
he is released and ending with the day on which he is
required to return to custody.
(4) A person who for any period is released as
mentioned in subsection (3) or who is otherwise allowed, in
pursuance of Imprisonment and Detention Regulations, out
of military custody for any period or subject to any condition
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Restrictions on
serving of
sentences of
detention in
prisons.


Special
provisions as to
civil prisons in
Guyana.


Special
provisions as to
carrying out or
serving of
sentences
outside
Guyana.
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) References in subsection (5) to release or recall
under civil law are references to release or recall in pursuance
of the law of the country or territory in which he is serving his
sentence.
120. A person shall not be required to serve any part
of a military sentence of detention in a military or civil prison:
Provided that in such cases and subject to such
conditions as may be specified by or under Imprisonment
and Detention Regulations a person serving such a sentence
may be temporarily detained in a military or civil prison for
any period not exceeding seven days.
121. A person sentenced to death or imprisonment
and committed or transferred to a civil prison in pursuance of
regulations made under this Part or of Imprisonment and
Detention Regulations shall, while in that prison confined
therein under a like sentence of a civil court.
122. The President may from time to time make
arrangements with the authorities of any country or territory
outside Guyana whereby sentences of death passed by courts
martial may in accordance with regulations made under this
Part be carried out in establishment under the control of those
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Country in
which sentence
of imprison-
ment or
detention to be
served.
authorise and military sentences of imprisonment or
detention may in accordance with Imprisonment and
Detention regulation be served wholly or partly in such
establishments.
123. (1) A person who is serving a military sentence of
imprisonment or detention in Guyana may (in so far may be
specified by under Imprisonment and Detention Regulations)
be removed out of Guyana to any place where the unit or any
part thereof to which for the time being he belongs is serving
or is under orders to serve, but not to any other place.
(2) Subject to the following provisions of this
section, a person sentenced under this Act by a court-martial
held out of Guyana, to imprisonment or detention for more
than twelve months shall as soon as practicable after the
confirmation of the sentence is completed be removed to
Guyana.
(3) Where a person has been sentenced under
this Act by a court-martial held out of Guyana to
imprisonment or detention for more than twelve months, the
confirming or reviewing authority may, notwithstanding
anything in subsection (2), direct that he shall not be required
to be removed to Guyana until he has served such part of his
sentence, not exceeding (in the case of a sentence of more than
two years’ imprisonment) two years, as may be specified in
the direction; 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) Any direction of a confirming authority under
this section may at any time be revoked by the confirming
authority or by a reviewing authority, or superseded by any
direction of a confirming authority or a reviewing authority
which the authority could have given under subsection
(3); and any direction of a reviewing authority under this
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Duties of
officers in
charge of
prisons and
others to
receive
prisoners.


Trial and
punishment of
offences under
this Act
section may at any time be revoked by a reviewing
authority or superseded as aforesaid.
(5) Any direction given under this section, and the
revocation of any such direction, shall be promulgated.
(6) In ascertaining at any time for the purposes of
this section the nature or length of a sentence regard shall be
had to any commutation or remission of the sentence
previously directed.
124. (l) It shall be the duty, in so far as regulations
made under this Part or Imprisonment and Detention
Regulations so provide, of the superintendent or other person
in charge of a prison (not being a military prison) to receive
any person duly sent to that prison in pursuance of such
Regulations, or regulations made as aforesaid, and to confine
him until execution of the sentence is completed or the
prisoner is discharged or delivered over 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,
it shall be the duty of any such superintendent or other
person as aforesaid, or the policeman in charge of a police
station, or any person in charge of any other place in which
prisoners may be lawfully confined, to keep the first-
mentioned person in custody for a period not exceeding
seven days unless he is earlier discharged or delivered
over in due course of law.
Trial of persons ceasing to be subject to military law under
this Act and time limited for trials
125. (1) Subject to section 126, where an offence under
this Act triable by court martial has been committed, or is
reasonably suspected of having been committed, by any
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notwithstand-
ing offender
ceasing to be
subject thereto.
person while subject to military law by this Act, 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 charge, trial and punishment by
court martial (including confirmation, review, and
reconsideration) and execution of sentences as continuing
subject to military law under this Act notwithstanding his
ceasing at anytime to be subject thereto.
(2) Where, while a person is in military custody by
virtue of this section (whether before, during or after trial)
he commits, or is reasonably suspected of having committed,
an offence which if he were subject to military law under this
Act would be an offence under this Act triable by court-
martial, then in relation to that offence or suspected offence
he shall be treated for the purposes of the provisions of this
Act mentioned in subsection (1) and the provisions thereof as
to the summary dealing with charges, as having been subject
to military law under this Act when the offence was
committed or is suspected of having been committed and as
continuing subject thereto thereafter.
(3) Where by virtue of either subsection (1) or
subsection (2) a person is treated as being at any time subject
to military law under this Act for the purpose of any
provision of this Act, that provision shall apply to him—
(a) if he holds any military rank, as to a
person having that rank;
(b) otherwise, as to a person having the
rank which he had when last actually
subject to military law under this Act:
Provided that as respects any time after he has been
sentenced for the offence in question and the sentence has
been confirmed the said provision shall apply to him (in any
case) as to a private soldier.
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Limitation of
time for trial of
offences under
this Act.

(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 to a person having different
ranks, it shall apply to him as to a person having the lower or
lowest of those ranks.
126. (1) No person shall be tried by court-martial for
any offence, other than one against section 33(1), section 34(1),
section 41 or section 42 or desertion, unless the trial is begun
within three years after the commission of the offence, there
being disregarded any time during which he was a prisoner
of war and any time during which he was illegally absent:
Provided that—
(a) in the case of an offence against
section 76 where proceedings for
the corresponding civil offence must,
by virtue of any enactment, be
brought within a limited time, that
limit of time shall apply to the trial of
the offence under the said section 76
in substitution for the foregoing
provisions of this subsection;
(b) subject to any such limit of time as is
mentioned in paragraph (a), a person
may be tried by court-martial for a
civil offence committed outside
Guyana notwithstanding that it was
committed more than three years
before the beginning of the trial, if the
Attorney-General consents to the trial.
(2) Where a person who has committed an offence
of desertion, other than desertion on active service, has since
the offence served as a member of the regular Force
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Powers of civil
courts.


Persons not to
be tried under
this Act for
continuously in an exemplary manner for not less than three
years, he shall not be tried for the offence.
(3) A person shall not be triable by virtue of section
125(1) unless his trial is begun within three months after he
ceases to be subject to military law under this Act or the trial
is for a civil offence committed outside Guyana and the
Attorney-General consents to the trial:
Provided that this subsection shall not apply to an
offence against section 33(1), section 34(1), section 41 or
section 42 or to desertion.
(4) A person shall not be arrested or kept in
custody by virtue of section 125(1) for an offence at any time
after he has ceased to be triable for the offence.
Relations between Military and Civil Courts and
Finality of Trials
127. (1) Save as provided in section 152, nothing in
this Act shall Powers of civil restrict the offences for which
persons may be tried by any civil court, or the jurisdiction of
any civil court to try a person subject to military law under
this Act for any offence.
(2) Where a person is tried by a civil court for any
offence, and he has previously been sentenced by court-
martial held under service law to punishment for any act or
omission constituting (whether wholly or in part) that
offence, or in pursuance of this Act he has been punished for
any such act or omission by his commanding officer or an
appropriate superior authority, the civil court shall, in
awarding punishment, have regard to his punishment in
pursuance of this Act.
128. (1) Where a person subject to military law under
this Act—
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offences
already
disposed of.
(a) has been tried for an offence by a
competent civil court or a court
martial under service law, or has had
an offence committed by him taken
into consideration by any such court
in sentencing him, or
(b) has been charged with an offence
under service law, and has had the
charge dismissed, or has been found
guilty on the charge, by his
commanding officer or an appropriate
superior authority; or
(c) has had an offence condoned by
his commanding officer, he shall not
be liable in respect of that offence to
be tried by court-martial or to have
the case dealt with summarily by his
commanding officer or an appropriate
superior authority.
(2) For the purposes of this section—
(a) a person shall not be deemed to have
been tried by a court-martial if
confirmation is withheld of a finding
by the court-martial that he is guilty
of the offence;
(b) a person shall not be deemed to have
had an offence taken into
consideration by a court-martial in
sentencing him if confirmation of the
sentence of the court-martial is
withheld or the sentence is quashed;

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(c) a case shall be deemed to have
been dealt with summarily by the
commanding officer or an appropriate
superior authority notwithstanding
that the finding of that officer or
authority has been quashed, or the
award of that officer or authority
quashed or varied, on the review
thereof;
(d) an offence shall be deemed to have
been condoned by the commanding
officer of a person alleged to have
committed the offence if, and only if,
that officer or any officer authorised
by him to act in relation to the alleged
offence has with knowledge of all
relevant circumstances informed him
that he will not be charged therewith;
(e) a person ordered under section
64(2) or the corresponding provisions
of any service law, to be imprisoned
or to undergo detention for an offence
against that section or provision shall
be deemed to have been tried by
court-martial for the offence.
(3) Subject to section 144(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 later court- martial is issued not later
than twenty-eight days after the promulgation of the decision
to withhold confirmation.
(4) Save as provided in the foregoing provisions of
this section, proceedings for an offence against this Act
(whether before a commanding officer or appropriate
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Boards of
Inquiry.
superior authority or before a court- martial) shall not be
barred on the ground of condonation.
129. (1) Subject to and in accordance with rules made
under this Part (hereinafter referred to as Board of Inquiry
Rules), the Defence Board or any officer empowered by or
under such rules so to do, may convene a board of inquiry to
investigate and report on the facts relating to –
(a) the absence of any person subject to
military law under this Act; or
(b) the capture of any such person by the
enemy; or
(c) the death of any person where an
inquiry into the death is not required
to be held by any civil authority; or

(d) any other matter of a class specified in
such rules or referred to such a board
by the Defence Board or any such
officer as aforesaid, and a board of
inquiry shall, if directed so to do,
express their opinion on any question
arising out of any matters referred to
the board.
(2) A board of inquiry shall consist of such number
of persons as may be provided for by Board of Inquiry Rules
who shall be persons subject to service law and the president
of a board of inquiry shall be an officer not below the rank of
lieutenant or corresponding rank.
(3) Evidence given before a board of inquiry
shall not be admissible against any person in proceedings
before a court-martial, commanding officer or appropriate
superior authority, other than proceedings for an offence
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Inquiries into
absence.

Restitution or
compensation
for theft, etc.
[21 of 1978]
against section 65 or for an offence against section 76 when
the corresponding civil offence is perjury.
130. (1) Where a board of inquiry inquiring into the
absence officer or solider of the Force reports that he has been
absent without leave or other sufficient cause for a period
specified in the report, not being less than twenty one days, a
record of the report shall in accordance with Board of Inquiry
Rules be entered in the service books.
(2) A record entered in pursuance of subsection (1)
shall, 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, have the
like effect as a conviction by court-martial for desertion.
Miscellaneous Provisions
131. (1) The following provisions shall have effect
where a person has been convicted by court-martial of
unlawfully obtaining any property, whether by stealing it or
receiving it knowing or having reason to believe it to have
been stolen, fraudulently misapplying it or otherwise.
(2) If any of the property unlawfully obtained has
been found in the possession of the offender, it may be
ordered to be delivered or paid to the person appearing to be
the owner thereof.
(3) An order may be made for the seizure or
attachment of any property which appears to have been
unlawfully obtained or to be the proceeds of any property
unlawfully obtained, or into which the proceeds of any
property unlawfully obtained have been converted and, upon
the making of the order, directions shall be given that the
property seized or attached shall be kept or sold, and that it,
or the proceeds thereof if sold, shall be held as provided for
by the directions until some person establishes a right thereto
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and, if no person establishes the right within twelve months
from the seizure or attachment, the property or the proceeds
thereof shall become vested in the Accountant General for the
public use and be disposed of accordingly.
(4) Where money is found in the possession of the
offender, then whether or not it appears to have been
obtained as aforesaid an order may be made that there shall
be paid out of that money to the person appearing to be the
owner of the property unlawfully obtained such sum as may
be specified in the order as or towards compensation for the
loss caused to the said person by the offence, in so far as not
otherwise made good under this Act or by the recovery of
the property unlawfully obtained.
(5) Where any of the property unlawfully obtained
has been sold or given in pawn to some other person who did
not then know it to have been unlawfully obtained, an order
may be made that, subject to the restitution to the owner
thereof of the property sold or given as aforesaid, there shall
be paid to the said other person, out of any money found in
the possession of the offender (whether or not the money
appears to be proceeds of the sale or giving in pawn), such
sum as may be specified in the order as or towards
compensation for the loss caused to him in consequence of the
sale or giving in pawn.
(6) Where any of the property unlawfully obtained
has been given in exchange to some other person who did
not then know it to have been unlawfully obtained, an order
may be made that, subject to the restitution to the owner
thereof of the property given as aforesaid, there shall be
restored to the said other person the property taken in
exchange for the property unlawfully obtained.
(7) An order under this section may be made by
the court-martial by whom the offender is convicted, by
the confirming or by any reviewing authority; and in this
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section the expression “appearing” means appearing to the
court, officer or authority making the order.
(8) An order under this section made by a court-
martial shall not have effect until confirmed by the
confirming authority; and the provisions of this Part as to
the confirmation and review of the proceedings of courts-
martial shall apply to an order under this section as they
apply to a sentence.
(9) The operation of any order under this
section shall be suspended—
(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 the
conviction must be lodged; and
(b) if such an application is duly lodged,
until either the application is finally
refused or is withdrawn or the appeal
is determined or abandoned, and
where the operation of such an order
as aforesaid is suspended under this
section—
(c) it shall not take effect if the conviction
is quashed on appeal;
(d) the Court of Appeal may by order
annul or vary the order although the
conviction is not quashed;
(e) such directions shall be given for
securing as far as practicable the
preservation of the property in the
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c. 10 :02
state in which it is at the time of the
making of the directions including
directions as to the safe custody
and application of any income
arising therefrom.
(10) Notwithstanding anything in subsection (9) an
order under this section shall not, so far as it relates to the
delivery of property to the person appearing to be the owner
thereof, be suspended if the court or authority making the
order directs to the contrary in any case in which, in the
opinion of the court or authority, the title to the property is
not in dispute.
(11) For the purposes of any order made under
subsection (3) the provisions of subsections (4) to (10)
(inclusive) of section 203 of the Criminal Law (Procedure) Act
shall apply mutatis mutandis subject to the following
modifications—
(a) references to a magistrate or the
Court shall be construed and have
effect as references to a court-martial;
(b) references to property having been
obtained by or being the proceeds of
an indictable offence or to a person
convicted of an indictable offence
shall be construed and have effect as
references to property having been
unlawfully obtained, or to a person
convicted of having unlawfully
obtained property; and
(c) references to an appeal shall be
construed and have effect as
references to an appeal from a court-
martial.
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Appointment
of judge
advocates.

Promulgation.

Custody of
proceedings of
Court-martial
and right of
accused to a
copy thereof.
132. The appointment of a judge advocate to act at
any court-martial may be made by the Defence Board or by
the convening officer.
133. Any finding, sentence, determination or other
thing required by this Act to be promulgated shall be
promulgated either by being communicated to the accused or
in such other manner as may be prescribed or as the
confirming authority or reviewing authority, as the case
maybe, may direct.
134. (1) The record of the proceeding of a court martial
shall be kept in the custody of the Defence Board for not less
than the prescribed period. Being a period sufficient to ensure
that the rights conferred by subsection (2) and subsection (3)
shall be capable of being exercised.
(2) Subject to this section, any person tried by a
court-martial shall be entitled to obtain from the Defence
Board on demand at any time within the relevant period and
on payment therefor at such rate if any as may be prescribed a
copy of the record of the proceedings of the court.
(3) Where a person tried by court-martial dies
within the relevant period, his personal representatives 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 shall subject to this section be entitled
to obtain from the Defence Board on demand at any time
within the period of twelve months from the death and on
payment therefor at the prescribed rate a copy of the record of
the proceedings of the court.
(4) If, on an application in pursuance of either
subsection (2) or subsection (3) for a copy of the record of any
proceedings the Defence Board certifies that it is requisite
for reasons of security that the proceedings or any part
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Indemnity for
prison officers
etc.
Interpretation
of Part V.
[4 of 1972]
thereof should not be disclosed, the applicant shall not be
entitled to a copy of the proceedings or part to which the
certificate relates.
(5) In this section the expression “the relevant
period” in relation to any person tried by court-martial,
means the period of five years beginning with the date of his
acquittal, or where he was convicted, of the promulgation of
the findings and sentence or, where a finding of guilty was
not confirmed, of the promulgation of the withholding or
confirmation:
Provided that where the proceedings relate to two 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 shall be the period of five years beginning
with the date of the promulgation of the finding or findings
of guilty and the sentence thereon or of the withholding of
confirmation of that finding or those findings.
(6) Any reference in this 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.
135. No action shall lie in respect of anything done by
any person in pursuance of a military sentence of
imprisonment or detention if the doing thereof would have
been lawful but for a defect in any warrant or other
instrument made for the purposes of that sentence.
Interpretation of this Part
136. (1) In this Part—
”the advisory authority” means the authority in accordance
with whose advice the prerogative of mercy is, in relation
to persons convicted by courts-martial, required by the
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Constitution to be exercised by the President;
“civil prison” means a prison in Guyana in which a person
sentenced by a civil court to imprisonment can for the
time being be confined;
“convening officer”, in relation to a court-martial, means the
officer convening that court-martial and includes his
successor or any person for the time being exercising
his or his successor’s functions;
“military establishment” means a military prison or any
other establishment under the control of the Defence
Board where persons may be required to serve military
sentences of imprisonment or detention, or a
corresponding establishment in a Commonwealth
country;
“military prison” means separate premises designated by the
Defence Board for persons serving military sentences of
imprisonment;
“prison” means a civil prison or a military prison;
“private soldier” includes any soldier who is not a warrant
officer or a non-commissioned officer.
(2) References in this Part to a military sentence of
imprisonment are references to a sentence of imprisonment
passed by a court-martial.
(3) References in this Part to a military sentence of
detention are references to a sentence of detention passed by
a court-martial or awarded by the offender’s commanding
officer.
(4) References in this Part to warrant officers do
not include references to acting warrant officers.
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Rules of
Procedure.
[4 of 1972]

(5) References in this Part to non-commissioned
officers include references to acting non-commissioned
officers and also to acting warrant officers.
Rules of Procedure, etc.
137. (1) Subject to the provisions of this section, the
Defence Board may make rules (in this Act referred to as
Rules of Procedure) with respect to the investigation and trial
of, and awarding of punishment for, offences cognizable by
courts-martial, commanding officers and appropriate
superior authorities and with respect to the confirmation and
revision of findings and sentences of courts-martial.
(2) Without prejudice to the generality of
subsection (1), Rules of Procedure may make provision with
respect to all or any of the following matters that is to say—
(a) the procedure to be observed in the
bringing of charges before
commanding officers and appropriate
superior authorities;
(b) the manner in which charges so
brought 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 such charges or otherwise as
a preliminary to the trial thereof by
court-martial, so however that the
Rules shall make provision for the
application of section 98 in any case
where the accused requires that
evidence shall be taken on oath;
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(c) the addition to, or substitution for, a
charge which 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 investigation of
the new charge;
(d) the convening and constitution of
courts-martial;
(e) the sittings, adjournment and
dissolution of courts- martial;
(f) the procedure to be observed in
trials by court-martial;
(g) the representation of the accused at
such trials;
(h) procuring the attendance of witnesses
before courts- martial and at the
taking of evidence in pursuance of
rules made under paragraph (b);
(i) applying in relation to proceedings
before commanding officers and
appropriate superior authorities and
otherwise in relation to proceedings
prior to trial by court-martial all or
any of the provisions of sections 104,
105, 106 and 107;
(j) empowering a court-martial or the
convening officer, in such cases and to
such extent as may be prescribed, to
amend a charge which is being tried
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by the court;
(k) empowering a court-martial, where
the particulars proved or admitted at
the trial differ from those 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;
(l) the forms of orders and other
documents to be made for the
purposes 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 appropriate superior authorities or to the confirmation and
revision of the findings and sentences
of courts-martial.
(3) Rules made by virtue of subsection (2) (j) of this
section shall secure that the power to amend charges shall
not be exercisable in circumstances substantially different
from those in which indictments are amendable by the High
Court, or otherwise than subject to the like conditions, as
nearly as circumstances admit, as those subject to which
indictments are so amendable, and shall not be exercisable by
a court- martial (otherwise than for the purpose only of
correcting a mistake in the name or description of the accused
or a clerical error or omission) unless there is a judge advocate
present at the trial.

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(4) Rules of Procedure may make provision as to
the exercise by a judge advocate of his functions at a trial by
court-martial, and without prejudice to the generality of
the foregoing provision may make provision—
(a) as to the effect of advice or rulings
given to the court by a judge advocate
on questions of law;
(b) for requiring or authorising the
president of a court- martial, in such
cases as may be specified in the Rules,
to direct that questions of law shall be
determined by a judge advocate in the
absence of the president and other
members of the court and any
officers under instruction, and for
applying to the judge advocate and
his proceedings on any such
determination such of the provisions
of this Act relating to the court or its
members and the proceedings thereof
as may be specified in the Rules.
(5) In subsection (4) references to questions of law
include references to questions of joined of charges and as to
the trial of persons jointly or separately.
(6) Rules of Procedure may make provision for
determining the cases in which and the extent to which
courts-martial may, in sentencing an accused for any offence
of which he is convicted, at the request of the accused take
into consideration other offences against this Act
committed by him.
(7) Where Rules of Procedure make provision for
the matter mentioned in subsection (6), they may also make
provision for conferring on the court taking one or more
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Imprisonment
and Detention
Regulations.
[4 of 1972]
offences into consideration, the power to direct the making of
such deductions from the offender’s pay as the court would
have had power to direct if he had been found guilty of the
offence or offences taken into consideration as well as of the
offence of which he was in fact found guilty.
138. The Defence Board may make regulations (in this
Act referred to as Imprisonment and Detention Regulations)
with respect to all or any of the following matters, that is to
say—
(a) the places in which and the establishments
or forms of custody (whether military or
not) in which persons may be required to
serve the whole or any part of military
sentences of imprisonment and detention
passed on them 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 coming to an end of any term
of imprisonment or detention;
(c) the provision, classification, regulation and
management of military establishments;
(d) the classification, treatment, employment,
discipline and control of persons serving
military sentences of imprisonment or
detention in military establishments or
otherwise in military custody;
(e) the temporary release on compassionate
grounds of persons serving such sentences
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Board of
Inquiry Rules.
in such establishments or custody as
aforesaid, the cases in which, periods for
which and conditions subject to which they
may be allowed out of any such
establishment or custody and the remission
of part of any such sentence for good
conduct and industry;
(f) the appointment, powers and duties of
inspectors, visitors and governors, and of
officers and other members of the staff, of
military establishments.
139. (1) The Defence Board may make rules ( in this
Act referred to Board of as Board of Inquiry Rules) with
respect to the convening, constitution and procedure of
boards of inquiry.
(2) Without prejudice to the generality of
subsection (1), Board of Inquiry Rules may make provision
with respect to all or any of the following matters:
(a) the rules of evidence to be observed
by boards of inquiry and the taking
of evidence before such boards, so
however that the rules shall provide
for the taking of evidence on oath or
affirmation except in circumstances
such that if the evidence was being
taken at a court-martial an oath could
be dispensed with,
(b) without prejudice to the provisions of
section 130, the making in service
books of records of findings of boards
of inquiry in such cases as may be
provided by the rules.

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Miscellaneous
Regulations.

Section 140(c)
and (d) not to
prejudice
powers under
sections 137,
138 and 139.
(3) Boards of Inquiry Rules shall contain provision
for securing that any witness or other person subject to
service law who may be affected by the findings of a board of
inquiry shall have an opportunity of being present, and
represented, at the sittings of the board or such part thereof as
may be specified by or under the Rules.
140. The Defence Board may make regulations with
respect to all or any of the following matters:
(a) the execution of sentences of death
under this Act including the manner
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 or for which regulations
may be made;
(d) such incidental and supplementary
matters as appear requisite for any of
the purposes set out in sections 137,
138 and 139 and in this section.
141. Nothing in section 140(c) and (d) shall be
construed to prejudice the powers conferred by section 137,
138 or 139 upon the Defence Board, which may, in the
exercise of such powers, prescribe or provide for matters
notwithstanding that regulations with respect thereto may be
made under section 140(c) and (d).
PART VI
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Right of appeal.

Procedure for
applying for
leave to appeal
or lodging
appeal.
APPEALS FROM COURTS-MARTIAL
142. (l) Subject to the following provisions of 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, except in the case of a conviction involving
sentence of death.
(2) An appeal to the Court of Appeal shall lie as of
right without leave from any conviction of a court-martial
involving a sentence of death.
143. (l) Leave to appeal to the Court of Appeal shall
not be given except in pursuance of an application in that
behalf made by or on behalf of the appellant, and lodged,
subject to subsection (4) within twenty-eight days of the date
of promulgation of the finding of the court-martial in respect
of which the appeal is brought, with the Registrar of the
Supreme Court, being an application in the prescribed form
and specifying the grounds on which leave to appeal is
sought and such other particulars, if any, as may be
prescribed.
(2) An appeal against a conviction involving a
sentence of death shall not be entertained by the Court of
Appeal unless the appeal is, within fourteen days of the date
of promulgation of the finding of the court-martial in respect
of which the appeal is brought, lodged with the Registrar of
the Supreme Court, in the prescribed manner, by or on behalf
of the person convicted.
(3) Rules of court may provide that, in such
circumstances as may be specified in the said rules, any such
application or appeal which is lodged with such person (other
than the Registrar) as is specified in the said rules shall be
treated, for the purposes of subsections (1) and (2), as having
been lodged with the Registrar.

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Determination
of appeal in
ordinary cases.


Powers of
Court of
Appeal in
special cases.
(4) The Court of Appeal may extend the period
within which an application for leave to appeal is required to
be lodged, whether that period has expired or not.
(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 shall begin to
run from the day on which the Court dismisses the
application.
144. (1) Subject to section 145, on an appeal under this
part against a conviction, the Court of Appeal shall allow the
appeal if it think 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 other case shall dismiss the appeal:
Provided that 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 occurred.
(2) If the Court of Appeal allows an appeal under
this Part it shall either quash the conviction or direct that the
finding of the court-martial shall be treated as if confirmation
thereof had been withheld and, in the latter event,
notwithstanding section 128(3), a new trial by court-martial
may be held within such time as the Court may order.
145. (1) If it appears to the Court of Appeal that an
appellant, though not properly convicted on some charge
preferred against him before the court martial by which he
was tried, was properly convicted on some other charge so
preferred, then if the sentence passed by the court martial on
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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, being a sentence
which might lawfully be passed in respect of the charge on
which the appellant was properly convicted, but not being 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, being a
sentence which could lawfully have been passed for that
other offence but not being a sentence of greater severity.
(3) Where—
(a) an appellant has been convicted of
an offence committed 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
(b) an appellant has been convicted of an
offence and it appears to the Court of
Appeal that the court-martial by
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Commence-
ment of
sentence.
Appeals to be
final.


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 involving 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, being a sentence
which could lawfully have been passed for the offence
specified or involved in the substituted finding, but not being
a sentence of greater severity.
(4) If, on an appeal, it appears to the Court of
Appeal that, although the appellant was guilty of the act
charged against him, he was insane at the time the act was
done, so as not to be responsible according to law for his
actions, the Court may quash the sentence passed at the trial
and order the appellant to be kept in custody under section
117 in like manner as on a special finding of insanity by the
court-martial by which the appellant was convicted.
146. The term of any sentence passed by the Court of
Appeal, un any of the provisions of section 145 shall, unless
the court otherwise directs, begin to run from the time from
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 passed by the court
martial, being a sentenced that has been confirmed.
147. No appeal shall lie from the Court to any other
court and any determination by the court of any appeal or
other matter which it has power to determine under the
provisions of this Part shall be final.
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Proceedings
may be heard
in absence of
appellants.

Defence of
appeal.


Right of
appellant to
present his case
in writing.
Suspension of
death sentence.


Person not to
be tried again
where
conviction
quashed.

148. An appellant shall not be entitled to be present at
the hearing of an appeal to the Court of Appeal under this
Part or at any proceedings preliminary or incidental to such
an appeal except where rules of court provide that he shall
have the right to be present or the Court gives him leave to be
present, and accordingly any power of the Court under this
Part to pass a sentence may be exercised notwithstanding the
absence of the appellant.
149. It shall be the duty of the Director of the Public
Prosecutions on an appeal against conviction by a court
martial to undertake the defence of the appeal.
150. An appellant may if he so desires, instead of
presenting his case orally, present it in writing in the
prescribed form.
151. Where a conviction by court-martial involves
sentence of death—
(a) the sentence shall not in any case be
executed until the expiration of the
period mentioned in subsection (2) of
section 143 within which an appeal to
the Court of Appeal against the
conviction shall be lodged; and
(b) if such an appeal is duly lodged, the
sentence shall not be executed until
the appeal is determined or
abandoned.
152. Where the conviction of a person by a court-
martial for an offence has been quashed under this Part, he
shall not be liable to be tried again for this offence by a court-
martial or by any other court.

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Removal of
prisoners for
purposes of
this part.

Furnishings
on appeal, of
documents
relating to trial.

Saving of
powers of
reviewing
authorities.

Supplementary
powers of the
Court of
Appeal.

153. Imprisonment and Detention Regulations may
provide in what manner 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 may order him to be taken for the purpose of any
proceedings of the Court.
154. In the case of every appeal, or application for
leave to appeal, under this Part to the Court of Appeal against
a conviction by court- martial, it shall be the duty of the
Secretary of the Defence Board to furnish to the Registrar of
the Supreme Court in accordance with rules of court, the
proceedings of the court-martial (including any proceedings
with respect to the revision of the findings or sentence of the
court- martial in pursuance of section 110(1)), the proceedings
with respect to the confirmation of the findings and sentence
of the court-martial and any petition presented by the person
convicted.
155. Nothing in this Part shall effect the exercise by
reviewing authorities of the powers conferred by section 114
in respect of a conviction of a court martial so far as regards
the exercise thereof 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 and
nothing in this Part shall affect the exercise by the President of
the prerogative of mercy.
156. In relation to appeal under this Part, the Court of
Appeal shall have and may exercise the like powers with
respect to –
(a) legal assistance to an appellant;
(b) the obtaining and production of
documents;

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Interpretation
of part VI
Forfeitures and
deduction;
general
provisions
(c) the receiving and examination of
further evidence; and
(d) the issue of warrants necessary for
enforcing its orders and sentences, as
are exercisable by the Court in
relation to criminal appeals.
157. In this Part, “prescribed” means prescribed by
rules of court.
PART VII
FORFEITURES AND DEDUCTIONS
158. (1) No forfeiture of the pay of an officer or soldier
of the Force shall be imposed unless authorised by this Act,
other service law or some other enactment and no deduction
from such pay shall be unless so authorised or authorised by
regulations.
(2) Regulations shall not authorise the making of
any penal deduction, that is to say, a deduction to be made
by reason of the commission of any offence or other wrongful
act or in consequence of any negligence.
(3) The foregoing provisions of this section shall
not prevent the making of regulations providing for the
imposition of any forfeiture authorised by this Act or the
making of any deduction so authorised, or 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 pursuance of this Act, or as to the
appropriation of any such sum or amount when deducted,
or of providing for the determination of questions relating
to forfeitures or deductions.

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Forfeiture of
pay for absence
from duty.

(4) Notwithstanding any deduction from the pay
of an officer or soldier of the Force he shall (subject to any
forfeiture) remain in receipt of pay at not less than such
minimum rate as may be prescribed.
(5) Notwithstanding that forfeiture of pay of an
officer or soldier of the Force for any period has been ordered
in pursuance of this Act, he may remain in receipt of pay at
such a minimum rate as aforesaid, but the amount received
for that period may be recovered from him b y deduction
from pay.
(6) Any amount authorised to be deducted from
the pay of an officer or soldier of the Force may be deducted
from any balance (whether or not representing pay) which
may be due to him as an officer or soldier 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 offender’s pay may be recovered by
deduction from any such balance.
159. (1) The pay of an officer or solider of the Force
may be forfeited –
(a) for any day of absence in such
circumstances as to constitute an
offence under section 47 or section 48
or, if his commanding officer 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
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sentence of a civil court;
(c) where he is found guilty (whether
by court-martial under service law, an
appropriate superior authority 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 or injury certified
by the proper medical officer to have
been occasioned by the offence.
(2) The pay of an officer or soldier of the Force may
be forfeited for any day of absence by reason of his having
been made a prisoner of war if the Chief of Staff or an
officer authorised by regulations is satisfied—
(a) that he was made a prisoner of
war through disobedience of orders
or wilful neglect of his duty; or
(b) that having been made a prisoner of
war he failed to take any reasonable
steps available to him to rejoin the
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
morale or in any other manner
whatsoever not authorised by
international usage, but subject to the
foregoing provisions of this
subsection, nothing in subsection (1)
(a) shall apply to absence by reason of
having been made a prisoner of war.
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Deductions for
payment of
civil penalties.


Compensation
for loss
occasioned by
wrongful act of
negligence.
(3) Regulations may make provision as to the
computation of time for the purposes of this section and in
particular as to the counting or disregarding of parts of days.
160. Where a person sentenced or ordered by a civil
court (whether within or without the Commonwealth) to pay
a sum by way of fine, penalty, damages, compensation or cost
in consequences of being charged before the court with an
offence is at the time of the sentence or order, or subsequently
becomes an officer or solider of the Force, then if the whole or
any part of that sum is met by a payment made by or on
behalf of any military authority, the amount of the payment
may be deducted from his pay.
161. (1) Without prejudice to the provisions of this Act
as to the imposition of stoppages as a punishment, the
following provisions shall have effect where, after such
investigation as may be prescribed by regulations, it
appears to an officer authorised by regulations (in this section
and in sections 163, 164 and 165 referred to as the authorised
officer) that any loss of, or damage to, public or service
property has been occasioned by any wrongful act or
negligence of an officer or soldier of the Force (hereinafter
referred to as the person responsible).
(2) The authorised officer, may order the person
responsible to pay as or towards compensation for the loss or
damage, such sum as may be specified in the order, and any
such sum, in so far as not otherwise paid by the person
responsible, may be deducted from his pay.
(3) No order shall be made under subsection (2) if,
in proceedings before a court-martial under service law,
an appropriate superior authority or a commanding officer,
the person responsible—
(a) has been acquitted in circumstances
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Deductions for
barrack
damage.


Review of
orders and
remission of
forfeiture and
deductions.
involving a finding that he was not
guilty of the wrongful act or
negligence in question; or
(b) has been awarded stoppages in
respect of the same loss or damage,
but save as aforesaid, the fact that
such proceedings have been brought
in respect of the wrongful act or
negligence in question shall not
prevent the making of an order or
deductions under subsection (2).
162. (1) When damage occurs to any premises in
which one or more units or parts of such units of the Force are
quartered or billeted, or any fixtures, furniture or effects in
or belonging to such premises are damaged or lost, and it
appears on investigation in accordance with regulations that
the damage or loss was occasioned by the wrongful act or
negligence of persons belonging to any of the units or parts of
units in occupation thereof, but that the said persons cannot
be identified, any person belonging to any of such units or
parts of units may be required to contribute towards compensation for the damage or loss such amount as may in
accordance with regulations be determined to be just, and the
amount may be deducted from his pay.
(2) Subsection (1) shall extend to vessels, trains,
motor vehicles and aircraft in which units or parts of units are
being transported or are otherwise serving and reference to
premises, quartering and occupation shall be construed
accordingly.
163. (1) Any officer or soldier of the Force against
whom an order has been made by the authorised officer
under section 161, 164 or 165 may in accordance with
regulations to be prescribed apply to a board of officer for a
further examination of the case; and that board shall consider
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Enforcement of
maintenance
and affiliation
orders by
deduction from
pay.
the case, and thereafter may, in relation thereof, if it thinks fit,
give directions to the authorised officer; and the authorised
officer shall give effect to such directions.
(2) Any forfeiture or deduction imposed under
sections 159, 160, 161 or 162 or under regulations may be
remitted by the Defence Board or in such manner and by such
authority as may be provided by such regulations.
164. (1) Where any court in Guyana 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 maintenance of the defendant’s
husband, wife or child; or
(b) any cost incurred in obtaining the
order, or
(c) any cost 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 of the Force then (whether
or not he or she was an officer or
soldier when the said order was
made) the authorised officer may
order such sum to be deducted from
the pay of the defendant and
appropriated in or towards
satisfaction of the payment due under
the order of the court as the
authorised officer may think fit.
(2) Where to the knowledge of the court making
any such order as aforesaid, or any order varying, revoking or
reviving any such order, the defendant is an officer or soldier
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of the Force the court shall send a copy of the order to the
Defence Board.
(3) Where such an order as is mentioned in
subsection (1) has been made by a court of a Commonwealth
country outside Guyana, and the authorised officer is
satisfied that the defendant has had a reasonable opportunity
of appearing in person, or has appeared by a duly authorised
legal representative, to defend the case before the court by
which the order was made, the authorised officer shall have
the like power under subsection (1) as if the order had been
made by such a court as is mentioned in that subsection:
Provided that this subsection shall not apply to an order
adjudging a man to be the father of an illegitimate child, and
ordering him to pay a sum of money for or in respect of the
maintenance of that child or any order varying or reviving
such an order, or any order for the payment of costs incurred
in obtaining such an order or in proceedings on appeal
against, or for the variation, revocation or revival of, such an
order.
(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
suspense at any time while the person against whom the
order was made is absent as mentioned in section 159(1)(a).
(5) (a) In this section references to an order
made by a court in Guyana include
references to an order registered in or
confirmed by such a court under any
law which makes provision for the
enforcement in Guyana of
maintenance orders made outside
Guyana; references to a husband, wife
or child include, in relation to an
order made in proceedings in
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c.46:04

Deductions
from pay for
maintenance
of wife or child.

connection with the dissolution or
annulment of a marriage, references
to a person who would have been the
husband, wife or child of the
defendant if the marriage had
subsisted; references to a child of a
person include references to a child of
his wife or her husband, and to an
illegitimate or adopted child of that
person or of his wife or her husband, and in this paragraph adopted child
means a child adopted (whether alone
or jointly) in pursuance of an
adoption order made under the
Adoption of Children Act.
(b) For he purposes of this subsection the
expression maintenance order means
an order other than an order of
affiliation for the periodical payment
of sums of money towards the
maintenance of the husband or wife
or other dependants of the person
against whom the order is made, and
the expression―dependants 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.
165. (1) Where the authorised officer is satisfied that
an officer or soldier of the Force is neglecting, without
reasonable cause, to maintain or to contribute towards the
maintenance of the wife or husband of the officer or soldier or
any child of his or hers under the age of sixteen, or under age
of eighteen and attending any university, college, school or
other educational establishment, the authorised officer may
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Limit of
deductions
under sections
164 and 165
and effect on
forfeiture.

order such sum to be deducted from the officer’s or soldier’s
pay and appropriate toward the maintenance of the wife,
husband or child of the officer or soldier as the authorised
officer thinks reasonable in the circumstances.
(2) On an application made to the authorised
officer for an order under subsection (1) the authorised
officer, if satisfied that a prima facie case has been made out
for the making of such an order, may make an interim order
for such deduction and appropriation as is mentioned in the
said subsection (1) to take effect pending the further
examination of the case.
(3) Where an order is in force under section 164(1)
or (3) for the making of deductions in favour of any person
from the pay of an officer or soldier of the Force, no
deductions from his or her pay in favour of the same person
shall be ordered under the foregoing provisions of this section
unless the officer or soldier is in a place where process cannot be served on him or her in connection with proceedings for
the variation of the order of the court in consequence of which
the order under section 164 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
suspense at any time while the person against whom the
order was made is absent as mentioned in section 159(1)(a).
166. (1) The sums deducted under sections 164 and
165 shall not together exceed—
(a) in the case of an officer, three-
sevenths of that person’s pay;
(b) in the case of a warrant officer or a
non-commissioned officer not below
the rank of sergeant or corresponding
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Service of
process in
maintenance
proceedings.

rank, two-thirds of that person’s pay;
(c) in the case of a soldier below the rank
of sergeant or corresponding rank,
three-fourths of that person’s pay.
(2) Where any deductions have been ordered
under either section 164 or section 165 from a person’s pay
and (whether before or after the deductions have been
ordered) that person 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, it shall apply only to so
much of that person’s pay as remains after the deductions
have been made.
(3) For the purposes of subsection (1) (b) and (c) a
person having acting rank shall be treated as of that rank.
167. (1) Any process to be served on an officer or
soldier of the Force (in this section referred to as “the
defendant”) in connection with proceedings for any such
order of a court in Guyana as is mentioned in section 164(1),
or for the variation, revocation or revival of such an order,
shall be deemed to be duly served on him or her if served
either on him or her or his or her commanding officer, and
may, without prejudice to any other method of service, be so
served by registered post.
(2) Where any such process is served in Guyana
and the defendant will be required to appear in person at the
hearing, then if his or her commanding officer certifies to the
court by which process was issued that the defendant is
under orders for service out of Guyana 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 the process shall be deemed not
to have been effected.
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Command and
precedence
[O.15/1970]


Command of
Force
[O.15/1970]

Regulations as
to command.
[O.15/1970]

Powers of
command of
members of co-
operating
forces.
PART VIII
GOVERNMENT AND GENERAL PROVISIONS
COMMAND
168. (1) Officers and soldiers of the Force shall stand
with each other in such order of precedence as may be
prescribe by the Defence Board.
(2) An officer or soldier of any Commonwealth
force may, with the approval of the Defence Board, be –
(a) attached to the Force if the proper
military authority in such territory
has placed him at the Board’s disposal
for that purpose; or
(b) seconded to the Force.
169. The President shall appoint an officer, being a
member of the force, in whom the command of the force shall
be vested and subject to the terms of such appointment such
officer shall have the command of that force.
170. The Defence Board may make regulations as to
the persons, being members of the Force or a commonwealth
force, in whom command over any part of the force or
member thereof is vested and as to the circumstances in
which such command as aforesaid is to be exercised.
171. (1) In so far as powers of command depend on
rank, a member of a Commonwealth force who—
(a) is acting with; or
(b) is a member of a body of those forces
which is acting with, anybody of the
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Complaints by
officers.


Force shall have the like such powers
as a member of the Force of
corresponding rank; and for the
purposes of sections 43 and 81 any
such member of the said forces shall
be treated as if he were a member of
the Force of corresponding rank.
(2) If the whole or any part of the Force is required
to act with any other military force, the President may place
the Force or such part thereof under the command of the
officer commanding such other force.
(3) Where any part of the Force is acting in co-
operation with any other force the Chief of Staff or the officer
commanding that part of the Force may, in agreement with
the officer commanding that other force, define the powers of
command and the order of precedence of the officers,
warrant officers and non-commissioned officers of the Force
in relation to the officers, warrant officers and non-
commissioned officers of such other force.
Redress of Complaints
172. (1) If an officer of the Force thinks himself
wronged in any matter by a superior officer or authority
and on application to his commanding officer does not
obtain the redress to which he thinks he is entitled, he may
make a complaint with respect to that matter to the Defence
Board.
(2) On receiving any such complaint it shall be
the duty of the Defence Board to investigate the complaint
and to grant any redress which appears to it to be necessary
or, if the complainant so requires, the Defence Board shall
make its report on the complaint to the Minister in order to
receive the directions of the Minister.

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Complaints by
soldiers.


Restriction on
composition of
Defence Board
dealing with
complaint.

Exemptions
from jury
service.
Exemptions
from toll, etc.
[O.15/1970]
173. (1) If a soldier of the Force thinks himself
wronged in any matter by any officer other than his
commanding officer or by any soldier, he may make a
complaint with respect to that matter to his commanding
officer.
(2) If a soldier of the Force thinks himself wronged
in any matter by his commanding officer, either by reason of
redress not being given to his satisfaction on a complaint
under subsection (1) or for any other reason, he may make a
complaint with respect thereto to the Defence Board.
(3) It shall be the duty of a commanding officer or
the Defence Board, upon receipt of a complaint under this
section, to have the complaint investigated and to take any
steps for redressing the matter complained of which appear to
the officer or Board, as the case may be, to be necessary.
Exemptions for officers and soldiers
174. Where the commanding officer of a complainant
under section 172 or section 173(2) is a member of the Defence
Board, such officer shall not sit on the board when it is
dealing with the complaint under section 172 (2) or section
173 (3) as the case may be.
175. An Officer or soldier of the Force shall be except
from serving on any jury.
176. (1) Duties, tolls or dues for embarking from or
disembarking on any pier, wharf, quarry or landing place, or
for passing over any road, ferry or bridge, belonging to the
state or under its control shall not be payable in respect of –
(a) members of the Force or a
Commonwealth force on duty;
(b) vehicles in military service;
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Exemption
from execution.
[O.15/1970]

Arrest of
deserts and
absentees
without leave

(c) goods carried in such vehicles;
(d) animals in military service.
(2) In subsection (1) the expression ”in military
service” means employed under proper military authority for
the purposes of the Force or any body of a Commonwealth
force or accompanying the Force or any body of a
Commonwealth force.
177. (1) No judgment, decree or order given or
made against an officer or soldier of the Force by any court
in Guyana shall be enforced by the levying of execution on
any service property, nor shall any distress be made thereon.
(2) No member of a Commonwealth force shall be
taken out of service, nor shall execution issue against his
person, by virtue of any order or judgment of a court in civil
proceedings if such taking out of service or execution is
contrary to any agreement between the Government and the
government of that territory pursuant to which such member
is in Guyana.
Provisions relating to deserters and absentees without leave
178. (1) Any policeman may arrest without a warrant
any person whom he has reasonable cause to suspect of being
an officer or soldier of the Force who has deserted or is absent
without leave.
(2) Where no policeman is available any officer or
soldier of the Force or any other person may arrest without a
warrant any person whom he has reasonable cause to suspect
as aforesaid.
(3) Any person in Guyana having authority to
issue a warrant for the arrest of a person charged with crime,
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Proceedings
before a civil
court where
persons
suspected of
illegal absence.
if satisfied by evidence on oath that there is, or is reasonably
suspected of being, within his jurisdiction an officer or soldier
of the Force who has deserted or is absent without leave or is
reasonably suspected of having deserted or of being absent
without leave, may issue a warrant authorising his arrest.
(4) Any person in custody in pursuance of this
section shall as soon as practicable be brought before a
magistrate’s court.
179. (1) Where a person who is brought before a
magistrate’s is alleged to be an officer or soldier of the force
who has deserted or is absent without leave, the following
provisions shall have effect.
(2) (a) if he admits that he is illegally absent
from the force and the magistrate is
satisfied of the truth of the admission,
then –
(i) unless he is in custody for
some other cause the
magistrate shall; and
(ii) notwithstanding that he is in
custody for some other cause
the magistrate may,
forthwith either cause him to be delivered into military
custody in such manner as the magistrate may think fit or
commit him to some prison, police station or other place
provided for the confinement of persons in custody, to be
kept there for such reasonable time as the magistrate may
specify (not exceeding such time as appears to the
magistrate reasonably necessary for the purpose of enabling
him to be delivered into military custody) or until sooner
delivered into such custody.
(b) Any time specified by the magistrate
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Deserters and
absentees
without leave
surrendering to
police.
may be extended by the magistrate
from time to time if it appears to the
magistrate reasonably necessary so to
do for the purpose aforesaid.
(3) If he does not admit that he is illegally absent as
aforesaid, or the magistrate is not satisfied of the truth of the
admission, the magistrate shall consider the evidence and any
statement of the accused, and if satisfied that he is subject to
military law under this Act and if of opinion that there is
sufficient evidence to justify his being tried under this Act for
an offence of desertion or absence without leave, then, unless
he is in custody for some other cause, the magistrate shall
cause him to be delivered into military custody or commit
him as aforesaid, but otherwise shall discharge him:
Provided that if he is in custody for some other cause the
magistrate shall have power, but shall not be required, to act
in accordance with this subsection.
(4) The provisions of law for the time being in force
relating to the procedure for the holding of preliminary
inquiries by magistrates, and conferring powers of
adjournment and remand on magistrates so acting, and with
respect to evidence and the issue and enforcement of
summonses or warrants to secure the attendance of
witnesses, shall, mutatis mutandis, apply to proceedings
under this section.
180. (l) Where a person surrenders himself to a
policeman as being illegally absent from the Force, the
policeman shall (unless he surrenders himself at a police
station) bring him to a police station.
(2) The policeman in charge of a police station at
which a person has surrendered himself as aforesaid, or to
which a person who has so surrendered himself is brought,
shall forthwith inquire into the case, and if it appears to that
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Certificates of
arrest or
surrender of
deserters and
absentees.
policeman that the said person is illegally absent as aforesaid
he may cause him to be delivered into military custody
without bringing him before a magistrate’s court or may
bring him before such a court.
181. (l) Where a magistrate’s court in pursuance of
section 179 deals with a person as illegally absent, then when
that person is delivered into military custody there shall be
handed over a certificate in the prescribed form, signed by the
magistrate, containing the prescribed particulars as to his
arrest or surrender and the proceedings before the court.
(2) Where a policeman lawfully causes a person
to be delivered into military custody without being brought
before a magistrate’s court, there shall be handed over a
certificate in the prescribed form, signed by the policeman
and containing the prescribed particulars relating to his
surrender.
(3) In any proceedings for an offence under section
47 or section 48 –
(a) a document purporting to be a
certificate under either subsection (1)
or subsection (2) of this section, or
under the corresponding provisions
of any service law (other than this
Act) and to be signed as thereby
required, shall be evidence of the
matters stated in the document;
(b) where the proceedings are against a
person who has been taken into
military custody on arrest or
surrender, a certificate in the
prescribed form purporting to be
signed by a provost officer or any
corresponding officer of a force raised
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Duties of
superintendent
of prisons and
others to
receive
deserters and
absentees.

Punishment for
pretending to
be a deserter.
[6 of 1997]

Punishment for
procuring and
assisting
desertion.
[6 of 1997]
under the law of a Commonwealth
territory, or by any other officer in
charge of the guardroom or other
place where that person was confined
on being taken into custody, stating
the fact, date, time and place of arrest
or surrender shall be evidence of the
matters stated in the certificate.
182. (1) It shall be the duty of the superintendent or
other person in charge of a civil prison to receive any person
duly committed to that prison by a magistrate as illegally
absent and to detain him until in accordance with the
directions of the magistrate he is delivered into military
custody.
(2) Subsection (1) shall apply to the person having
charge of any police station or other place (not being prison)
provided for the confinement of persons in custody, as it
applies to the superintendent of a prison.
Offences relating to military matters punishable by civil courts
183. Any person who falsely represents himself to any
military or civil authority to be a deserter from the Force shall
be liable on summary conviction to a fine of sixteen thousand
two hundred and fifty dollars and to imprisonment for three
months.
184. Any persons who –
(a) procures or persuades any officer or
soldier of the force to desert or to
absent himself without leave;
(b) knowing that any such officer or
soldier is about to desert or absent
himself without leave, assists him in
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Punishment for
obstructing
officers or
soldiers in
execution of
duty.

Punishment for
aiding
malingering.
[6 of 1997]

so doing; or
(c) knowing any person to be a deserter
or absentee without leave from the
Force, conceals him or assists him
in concealing himself or assists in his
rescue from custody,
shall be liable on summary conviction to a fine of sixteen
thousand two hundred and fifty dollars and to imprisonment
for three months, or on conviction on indictment to a fine of
one hundred and sixty-two thousand five hundred dollars
and to imprisonment for two years.
185. Any person who wilfully obstructs or otherwise
interferes with any officer or soldier of the Force acting in the
execution of his duty shall be liable on summary conviction
to a fine of sixteen thousand two hundred and fifty dollars
and to imprisonment for three months.
186. Any person who—
(a) produces in an officer or soldier of
the Force any sickness or disability;
or
(b) supplies to or for him any drug or
preparation calculated or likely to
render him, or lead to the belief
that he is permanently or temporarily
unfit for service, with a view to
enabling him to avoid military
service, whether permanently or
temporarily, shall be liable on
summary conviction to a fine of
thirty-two thousand five hundred
dollars and to imprisonment for three
months, or on conviction on
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Unlawful
purchases etc.
of military
stores.
indictment to a fine of one hundred
and sixty-two thousand five hundred
dollars and to imprisonment for two
years.
187. (1) Any person who acquires any military stores
or solicits or procures any person to dispose of any military
stores, or acts for any person in the disposing of any military
stores, shall be guilty of an offence, unless he proves either—
(a) that he did not know, and could
not reasonably be expected to know,
that the chattels in question were
military stores; or
(b) that those chattels had (by the
transaction with which he is charged
or some earlier transaction) been
disposed of by order or with the
consent of some person or authority
who had, or whom he had reasonable
cause to believe to have, power to
give the order or consent; or
(c) that those chattels had become the
property of an officer of the Force
who had retired or ceased to be such
an officer, or of a soldier of the Force
who had been discharged, or of the
personal representatives of a person
who had died,
and shall be liable on summary conviction to a fine of thirty-
two thousand five hundred dollars and to imprisonment
for three months, or on conviction on indictment to a fine of
one hundred and sixty-two thousand five hundred dollars
and to imprisonment for two years.

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(2) A policeman may arrest without warrant any
person whom he has reasonable grounds for suspecting of
having committed an offence against this section, and may
seize any property which he has reasonable grounds for
suspecting of having been the subject of the offence.
(3) Any person having authority to issue a warrant
for the arrest of a person charged with crime may, if satisfied
by evidence on oath that a person within his jurisdiction has,
or is reasonably suspected of having, in his possession any
property which has been the subject of an offence against this
section grant a warrant to search for such property as in the
case of stolen goods; and any property suspected of having
been the subject of such an offence which is found on such a
search shall be seized by the person charged with the
execution of the warrant who shall bring the person in whose
possession or keeping the property is found before a
magistrate’s court.
(4) In 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 otherwise
hand over (whether apart from this section the handing
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 which had belonged, and had been issued or
held, as aforesaid at some past time.
(5) For the purposes of subsection (3) property
shall be deemed to be in the possession of a person if he has
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Illegal dealings
in documents
relating to pay,
pensions,
mobilization,
etc.
[O.15/1970]
[6 of 1997]


Unauthorised
it under his control, and whether he has it for his own use or
benefit or for the use or benefit of another.
188. (1) Any person who—
(a) as a pledge 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,
receives, detains or has in his possession 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 Force or a Commonwealth force shall be guilty
of an offence against this section.
(2) Any person who has in his possession
without lawful authority or excuse (the proof whereof
shall lie on him) any such document as aforesaid or any
official document issued in connection with the mobilization
or demobilization of the Force or any Commonwealth force
or any member thereof, shall be guilty of an offence
against this section.
(3) Any person guilty of an offence against this
section shall be liable on summary conviction to a fine of
thirty-two thousand five hundred dollars and to
imprisonment for three months.
(4) For the purposes of this section a document
shall be deemed to be in the possession of a person if he has it
under his control and whether he has it for his own use or
benefit or for the use or benefit of another.
189. (1) Any person who –
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use of and
dealing in
decorations,
etc.
[O.15/1970
6/1997]
(a) being a person who is not serving in
the force or a commonwealth force,
without authority wears in a public
place the uniform of any of those
forces or any dress having the
appearance or bearing any of the
regimental or other distinctive marks
of any such uniform; or
(b) without authority uses or wears any
military decoration, or any badge,
wound stripe or emblem supplied or
authorised by the Defence Board or
by the Government of a
Commonwealth territory; or
(c) uses or wears any decoration, badge,
wound stripe, or emblem so nearly
resembling any decoration, badge,
stripe or emblem mentioned in
paragraph (b), as to be calculated to
deceive; or
(d) falsely represents himself to be a
person who is or has been entitled to
use or wear any such decoration,
badge, stripe or emblem as is
mentioned in paragraph (b), shall be guilty of an offence against this
section:
Provided that nothing in this subsection shall—
(a) prevent any persons from wearing
any uniform or dress in the course of
a stage play performed in a place duly
licensed or authorised for the public
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General
provisions as to
evidence.
performance of stage plays or in the
case of a music hall or circus
performance, or in the course of any
bona fide military representation; or
(b) prohibit the use and wearing of
ordinary regimental badges or of
brooches or ornaments representing
them.
(2) Any person who purchases or takes in pawn
any military decoration awarded to any member of the Force
or any Commonwealth force, or solicits or procures any
person to sell or pledge any such decoration, or acts for any person in the sale or pledging thereof, shall be guilty of an
offence against this section unless he proves that at the time of
the alleged offence the person to whom the decoration was
awarded was dead or had ceased to be a member of those
forces.
(3) Any person guilty of an offence against this
section shall be liable on summary conviction to a fine of
sixteen thousand two hundred and fifty dollars and to
imprisonment for three months.
Provisions as to evidence
190. (1) The following provisions shall have effect
with respect to evidence in proceedings under this Act
whether before a court-martial, a civil court or otherwise.
(2) A document purporting to be a copy of the
attestation paper signed by any person and to be certified to
be a true copy by a person stated in the certificate to have the
custody of the attestation paper shall be evidence of the
enlistment of the person attested.
(3) The attestation paper purporting to be signed
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by a person on his enlistment shall be evidence of his having
given the answers to questions which he is therein recorded
as having given.
(4) A letter, return or other document stating that
any person—
(a) was or was not serving at any
specified time or during any specified
period in the Force or in any
Commonwealth force or was
discharged from any part of those
forces at or before any specified time;
or
(b) held or did not hold at any specified
time any specified rank or
appointment in any of those forces, or
had at or before any specified time
been attached, posted or transferred
to any part of those forces, or at any
specified time or during any specified
period was or was not serving or held
or did not hold any rank or
appointment in any particular
country or place; or
(c) was or was not at any specified time
authorised to use or wear any
decoration, badge, wound stripe or
emblem,
shall, if purporting to be issued by or on behalf of the Defence
Board or the Chief of Staff be evidence of the matters stated in
the document.
(5) A record made in any prescribed service
book or other prescribed document being a record made in
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pursuance of service law or regulations, or otherwise in
pursuance of military duty, and purporting to be signed by
the commanding officer or by a person whose duty it was to
make the record, shall be evidence of the facts stated therein;
and a copy of a record (including the signature thereto) in
any such book or other document as aforesaid, purporting to
be certified to be a true copy by a person stated in the
certificate to have the custody of the book or other document,
shall be evidence of the record.
(6) A document purporting to be issued by order
of the Defence Board or the Chief of Staff and to contain,
signify or notify instructions, orders, appointments or
matters given, made or determined by the Defence Board
or the Chief of Staff shall be evidence of the instructions,
orders, appointments or matters and that they were given,
made or determined as aforesaid.
(7) A certificate purporting to be issued by or on
behalf of the Defence Board, and stating—
(a) that a decoration of a description
specified in or annexed to the
certificate is a military decoration; or
(b) that a badge, wound stripe or emblem
of a description specified in or
annexed to the certificate is one
supplied or authorised by the Defence
Board or by the Government of a
Commonwealth territory, shall be
evidence of the matters stated in the
certificate.
(8) A certificate purporting to be signed by a
person’s commanding officer or any officer authorised by
him to give the certificate, and stating the contents of, or any
part of, standing orders or other routine orders of a
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Proof of
outcome of
civil trial.
continuing nature made for—
(a) any formation or unit or body of
troops; or
(b) any command or other area, garrison
or place; or
(c) any ship, train or aircraft,
shall in proceedings against the said person be evidence of the
matters stated in the certificate.
191. (1) Where a person subject to military law under
this Act has been tried before a civil court (whether at the
time of the trial he was so subject or not) a certificate signed
by the Registrar of the court, or a judge, or a magistrate, and
stating all or any of the following matters—
(a) that the said person has been tried
before the court for an offence
specified in the certificate;
(b) the result of the trial;
(c) what judgment or order was given
or made by the court;
(d) that other offences specified in the
certificate were taken into
consideration at the trial,
shall for the purposes of this Act be evidence of the matters
stated in the certificate.
(2) A document purporting to be a certificate
under this section and to be signed by the Registrar of the
court, or a judge, or a magistrate, shall, unless the contrary is
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Evidence of
proceedings of
court martial.

Temporary
reception in
civil custody of
persons under
escort.
Avoidance of
assignment of
or charge on
military pay,
pension, etc,
[O.15/1970]
shown, be deemed to be such a certificate.
192. (1) The original record of the proceedings of a
court-martial under service law purporting to be signed by
the president of the court and being in the custody of any
person having the lawful custody thereof shall be admissible
in evidence on production from that custody.
(2) A document purporting to be a copy of the
original record of the proceedings of a court-martial under
service law or any part thereof and to be certified by the
person having the lawful custody of the record to be a true
copy shall be 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 Provisions
193. (1) Where a person is in military custody when
charged with, or with a view to his being charged with, an
offence against Part V or the corresponding provisions of any
other service law it shall be the duty of the Director or other
person in charge of any police station or other place in which
prisoners may be lawfully detained upon delivery to him of a
written order purporting to be signed by the commanding
officer of the person in custody to receive him into his
custody for a period not exceeding seven days.
(2) In this section, ”civil prison” has the meaning
ascribed to it in section 136.
194. (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 force shall be void at law.

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Statutory
declarations
taken outside
Guyana.
[O.15/1970]

Composition of
Reserve.
(2) Save as expressly provided by this Act, no
order shall be made by any court the effect of which would be
to restrain any person from receiving anything which by
virtue of this section he is precluded from assigning and to
direct payment thereof to another person.
(3) Nothing in this section shall prejudice any law
providing for the payment of any sum to a bankrupt’s trustee
in bankruptcy for distribution among creditors.
195. A document in the form of a statutory
declaration, purporting to have subscribed thereto the
signature of an officer of the force or any Commonwealth
force, being an officer of rank not below that of major or
corresponding rank, in testimony of its having been taken
before him outside Guyana from a person subject to military
law under this Act and containing in the attestation of a
statement of the date on which and the place at which the
declaration was taken and of the full name and rank of that
officer, shall be admitted in evidence without proof of the
signature being the signature of that officer, or of the facts so
stated, in the absence of proof to the contrary.
PART IX
RESERVE
196. The Reserve shall consist of two classes which
shall be constituted as follows:
A first class consisting of—
(a) officers appointed or transferred to
the said class;
(b) soldiers enlisted or deemed to be
enlisted or re-engaged in pursuance
of this Part for service in the said
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Enlistment and
re-engagement
in the Reserve.

class;
(c) soldiers 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;
A second class consisting of—
(a) officers appointed or transferred to
the said class;
(b) soldiers who are by virtue of Part IV
members of the Reserve after the
termination of their colour service.
197. (1) The term for which a person enlisting in the
first class of the Reserve may be enlisted shall be such a term
beginning with the date of his attestation as may be
prescribed.
(2) A person enlisting in the first class of the
Reserve shall be attested in the same manner as a recruit in
the regular Force and the following provisions of Part IV, that
is to say—
(a) section 18 (which relates to the mode
of enlistment and attestation);
(b) section 30 (which relates to the
validity of attestation and enlistment),
omitting the reference in subsection
(1) of that section to the receipt of pay
and substituting for the reference
thereto in subsection (2) of that
section a reference to the performance
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Training of
Reserve.
of any service; and
(c) section 31 (which makes recruits
punishable for false answers),
shall apply in like manner as if they were re-enacted in this
Part with the substitution for references to the regular
Force of references to the Reserve.
(3) A person enlisting in the first class of the
Reserve may be attested by any officer and the provisions
of Part IV mentioned in subsection (2) of this section
together also with section 68 (which relates to false answers
on enlistment), shall in their application to the Reserve be
construed as if the expression “Recruiting Officer”
included any officer of the Force.
(4) Any soldier of the Reserve who at any time has
completed, or is within six months before completing, the
term for which he enlisted or re-engaged in pursuance of this
Part, or the term for which he is liable to serve in that Reserve
under Part IV, as the case may be, may with the approval of
the competent military authority re-engage for such further
period or periods of service in the Reserve as may be
prescribed.
198. (1) Subject to this section, every officer and
soldier of the reserve shall attend for training at such place or
places and for such periods as may be determined by the
Defence Board and shall fulfil such conditions relating to
training as may be prescribed.
(2) The requirements of this section may be
dispensed with in whole or in part as respects any unit of the
Reserve, by the Defence Board, and as respects any individual
officer or soldier of the Reserve by his commanding officer
subject to any general directions of the Defence Board.

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Call out of first
class of reserve
on temporary
service.


Call out of
Reserve on
permanent
service.

Attendance
upon call out.
(3) Nothing in this section shall be construed as
preventing an officer or soldier of the Reserve, undergoing
voluntary training in addition to any training referred to in
subsection (1).
199. (1) The Defence Board may, at any time when
occasion appears to require, call out the first class of the
Reserve, or as many officers and soldiers of that class as they
think is necessary, on temporary service.
(2) Officers and soldiers called out for service
under this section shall not be liable to serve at any one time
for a period exceeding two months.
200. (1) In the event of a state of war being declared
or of insurrection, hostilities or public emergency, it shall be
lawful for the President by proclamation to direct that the
Reserve, or either class thereof, shall be called out on
permanent service.
(2) Upon the making of a proclamation under
subsection (1), the Defence Board shall call out the
Reserve, or the class thereof so directed to be called out, as
the case may be, or as many officers and soldiers of the
Reserve or of that class as it thinks is necessary, on
permanent service.
(3) Every officer and soldier of the Reserve when
called out on permanent service shall be liable to continue in
service until his services are no longer required.
201. (l) Where the whole or any part of the first class
of the Reserve is called out on temporary service or on
permanent service, it shall be the duty of every officer and
soldier belonging to that class, or the part of that class so
called out, as the case may be, to attend in person at such
place or places as may be prescribed:

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Effective time
of call out.


Termination of
service.
Provided that no officer or soldier of the said class shall
be liable to be proceeded against for an offence under this
Act by reason of his failure to attend as aforesaid unless he
has been served with a notice under subsection (2) requiring
him to attend.
(2) In the event of a call out under section 199
or 200, the Defence Board may cause any officer or soldier
liable to such call out to be served with a notice requiring him
to attend at the time and place therein specified.
(3) A notice under subsection (2) may be served on
any officer or soldier by—
(a) being delivered to him personally;
(b) being left at his last known address;
(c) being sent by registered post
addressed to him at his last known
address.
202. Where an officer or soldier of the Reserve is
called out on temporary service or on permanent service he
shall, for the purpose of section 208 be deemed to be so called
out with effect from either –
(a) the time of his attendance under
section 201(1); or
(b) the time specified in any notice served
under subsection (2) of that section,
whichever time (in the case of an
officer or soldier to whom subsection
(1) of that section applies) is the
earlier.
203. Where any officer or soldier of the Reserve has
been called out on temporary service or on permanent
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Posting or
attachment of
members of
Reserve.

Punishment for
non-
attendance.
service, the Defence Board may at any time thereafter give
such directions as it may think fit for terminating the service
of any officer or soldier so called out but without prejudice to
the power of the Defence Board by notice served under
section 201 to call out for further service any officer or soldier
whose service has been terminated by directions given under
this section.
204. Every officer and soldier of the Reserve may,
when called out on temporary service or on permanent
service or when undergoing training be posted or attached to
any unit of the regular Force or the Reserve.
205. (1) Any officer or soldier of the Reserve in
Guyana who, without leave lawfully granted or other
reasonable excuse, ( the proof whereof shall lie on him) fails
to appear at such time and place as shall be appointed for
annual camp, or at the time and place specified in any notice
201 (2) shall –
(a) if called out on permanent service, be
guilty according to the circumstances,
of desertion within the meaning of
section 47 or of absenting himself
without leave within the meaning of
section 48; or
(b) if called out on temporary service or
due to attend annual camp, be guilty
of absenting himself without leave
within the meaning of section 48.
(2) Any officer or soldier of the Reserve who
commits any offence under this section shall be liable—
(a) to be tried by court-martial, and on
conviction shall be punishable as for
an offence under section 47, or, as the
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Wrongful sale
etc of public
property.


Discharge from
Reserve.
case may be, section 48; or
(b) to be tried by a court of summary
jurisdiction and on summary
conviction shall be liable to a fine
of thirteen thousand dollars and in
default of payment to imprisonment
for six months.
(3) Section 81 shall apply 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 under section
201(2), and his absence continues for not less than twenty-one
days, an entry of such absence shall be made by an officer in
the service books and such entry shall be prima facie evidence
of the fact of such absence.
206. If any person designedly makes away with, sells
or 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 such officer or soldier the
value thereof shall be recoverable from him on complaint by
any officer of the Force to a court of summary jurisdiction and
he shall also, for any such offence of designedly making away
with, selling or pawning or wrongfully destroying as
aforesaid, be liable on summary conviction to a fine of three
thousand two hundred and fifty dollars.
207. (1) A soldier of the Reserve may be discharged by
the competent military authority at anytime during the
currency of any term of service in the Reserve upon such
grounds as may be prescribed.

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Application of
Part V and VII
of this Act.

Establishment
and special
duties of Coast
Guard.
[4 of 1990
18 of 2010]
(2) A soldier of the first class of the Reserve, other
than a soldier who is a member of the Reserve by virtue of the
provisions of Part IV, shall, unless that class is called out on
permanent service, be entitled to be discharged before the end
of his current term of service on complying with the following
conditions:
(a) giving to his commanding officer
three months’ notice in writing of his
desire to be discharged; and
(b) delivering 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 the property
aforesaid is impossible, paying the
value thereof.
208. The provisions of Part V relating to the award of
fines and stoppages, and the provisions of Part VII shall not
apply to officers and soldiers of the Reserve except when
called out on permanent service or on temporary service or
when serving on such permanent staff of the Reserve as may
be employed.
PART IXA
THE COAST GUARD
208A. (1) There is hereby established the Coast Guard
which shall compromise those officers and soldiers of the
force serving as members of the Maritime Corps of the Force
or, after the enactment of this Part, appointed to or from the
force as members of the Coast Guard.
(2) The members of the Coast Guard shall be
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Third Schedule
primarily employed as a coast watching force, maintaining a
state of readiness to function as a specialised service,
enforcing or assisting in the enforcement of all applicable
laws subject to the jurisdiction of Guyana.
(3) Without prejudice to the generality of
subsection (2) the members of the Coast Guard shall—
(a) enforce the provisions of every law
relating to—
(i) the regulation of any river,
harbour or port of Guyana;
(ii) quarantine;
(iii) immigration;
(iv) fisheries;
(v) the internal waters, territorial
sea, continental shelf, exclusive
economic zone and fishery
zone of Guyana;
(vi) safety at sea;
(vii) narcotic drugs and
psychotropic substances,
including the provisions of the
laws mentioned in the Third
schedule;
(b) detect and prevent the contravention
of laws relating to revenue and
customs;
(c) prevent persons from boarding,
holding or clinging to any vessel
without the permission of the master
of the vessel, and, if necessary,
remove any such person from the
vessel.

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Powers of
members of
Coast Guard
with respect to
vessels.
[4 of 1990]
(4) For the purposes of carrying out their duties the
members of the Coast Guard shall have the same powers,
authorities and privileges as are conferred by law on, and
shall be liable to all the responsibilities of, members of the
Police Force.
208B. (1) Any member of the Coast Guard may—
(a) cause any vessel within the territorial
sea or in any port, harbour, bay,
river, roadstead or creek in Guyana
that he reasonably suspects is being
used or employed in any unlawful
operation or enterprise, to be boarded,
or stopped and boarded and
searched;
(b) after demand and refusal of any key
in respect of any vessel, break open
any receptacle or break down any
door, if he reasonably suspects that
there is on board the vessel any
merchandise or other 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 may specify;
(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
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stolen or unlawfully obtained or any
article prohibited to be imported or
exported and the person in whose
possession it is found, with all
practicable speed, into the custody of
a member of the Police Force to be
dealt with in accordance with section
21 of the Police Act and otherwise
according to law;
(f) where it shall appear that a breach of
any law has been committed
rendering such vessel or merchandise
or other property, or any part thereof,
on board of such vessel liable to
forfeiture, seize such vessel or such
merchandise, or both, and deal with
the seizure according to the aforesaid
law.
(2) Any member of the Coast Guard acting in the
execution of any provisions of this section may –
(a) pursue and arrest without warrant
or take any other lawful and
appropriate action against, whether
he has landed or not, any person
upon reasonable suspicion of
having committed or being about to
commit a criminal offence, and a
person arrested under this section
without a warrant, shall be taken
before a magistrate as soon as
practicable after he is taken into
custody:
Provided that he may, as soon
as practicable after his arrest, be
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Obstruction of
officer or
soldier of the
Force.
[4 of 1990]


Powers under
laws
mentioned in
Third Schedule.
[4 of 1990]
delivered or conveyed and delivered
into custody of a member of the Police
Force to be dealt with in accordance
with section 21 of the Police Act and
otherwise according to law;
(b) take such steps as are reasonably
justifiable in the circumstances of the
case in order to compel compliance
with any directions given in
pursuance of any such provisions.
(3) Subject to section 208A (4) no member of the
Coast Guard shall be liable for any loss or damage to any
vessel referred to in subsection (1) or loss or injury to any
person on board any such vessel, occasioned in the execution
of his duty.
208C. Any person who–
(a) assaults, obstructs, resists or wilfully delays
any officer or soldier of the Force acting in
execution of any of the provisions of this
Part; or
(b) fails to comply, without reasonable excuse,
the proof whereof shall lie upon him, with
any directions given in pursuance of such
provisions,
shall be liable on summary conviction to a fine of three
thousand dollars and to imprisonment for twelve months.
208D. (1) Any officer or soldier of the Force may in
the pursuance of his duties as a member of the Coast Guard
enforce or assist in the enforcement and administration of
the laws mentioned in the Third Schedule, and may arrest
without a warrant any person who commits an offence
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Hazarding or
loss of ship.
Provisions not
in derogation.
[4 of 1990]


Persons subject
to military law.
against any such laws, where a breach of such laws renders a
person liable to arrest.
(2) A member of the Coast Guard who arrests
any person pursuant to subsection (1) shall deliver the person
into the custody of a member of the Police Force to be dealt
with according to law.
208E. 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 shall, on conviction by court- martial, be liable, if he
acts wilfully or with wilful neglect, to imprisonment or any
less punishment; and in any other case to imprisonment for a
term of two years or any less punishment, provided by this
Act.
208F. The provisions of this Part shall be in addition
to and not in substitution, derogation or limitation of the
provisions of any other written law.
PART X
APPLICATION OF THE LAW AND SUPPLEMENTARY
PROVISIONS
209. (1) subject to section 211 the following persons
are subject to military law under this Act –
(a) officers and soldiers of the regular
Force;
(b) officers and soldiers when attached to
the Force or any part thereof in
accordance with paragraph (a) of
section 168(2);
(c) officers and soldiers of the Reserve
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Application of
Act to civilians.
when called out on permanent service
or temporary service or when
undergoing or performing any
training or other duty (whether in
pursuance of an obligation or not)
or when serving under permanent
staff of the Reserve.
(2) This Act shall only apply to persons subject
thereto under this section and in relation to the Force as well
outside as within Guyana.
210. (1) Subject to the modifications hereinafter
specified, where any unit is on active service, Part V shall
apply to any person who is employed in the service of that
unit or any part or member thereof, or accompanies the said
unit or any part thereof, and is not subject to service law, as
the said Part V applies to persons subject to military law
under this Act.
(2) The said modifications are the following—
(a) the punishments which may be
awarded by a court- martial shall
include a fine, but shall not include
any other punishment less than
imprisonment;
(b) the punishment which may be
awarded where a charge is dealt with
summarily shall, in the case of any
offence, be a fine not exceeding three
thousand two hundred and fifty
dollars but no other punishment;
(c) the following provisions shall have
effect in substitution for section 81(2)
to (4) inclusive that is to say, that a
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person may be arrested by a provost
officer, by any warrant officer or
non-commissioned officer legally
exercising authority under a provost
officer or on his behalf, or by order of
any officer subject to service law;
(d) where a charge is being dealt with
summarily and it has been
determined that the accused is guilty,
a finding shall not be recorded until
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 such steps shall be taken with a
view to the charge being tried by
court-martial as may be prescribed by
Rules of Procedure;
(e) the provisions of this Act relating to
the investigation of, and summary
dealing with, offences shall, save as
otherwise expressly provided, apply
as they apply to 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 may be
appointed by the officer authorised to
convene a court-martial;
(h) for references in sections 125 and
126 to being, continuing, or ceasing
to be subject to this Act there shall be
substituted references to being,
continuing to be or ceasing to be in
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Application of
the Act
[O.15/1970
14 of 1972]
Powers to
make
regulations.
[15 /1970
12 of 1974]
such circumstances that Part V applies
and subsection (3) of section 125 shall
not apply.
(3) Any fine awarded by virtue of this section,
whether by a court-martial or the commanding officer shall
be a debt due to the Government, which shall be
recoverable by way of an action before a court of summary
jurisdiction at the suit of any officer of the Force.
211. (1) The Minister may by order declare that
officers, warrant officers, and non-commissioned officers,
who being members of the armed forces of any
Commonwealth country, are subject to the military law of
such country and are seconded to serve with the Force or any
part thereof, shall remain subject to the military law of such
country and shall not be subject to military law under this
Act.
(2) In the event of a person referred to in
subsection (1) committing an offence against the military law
applicable to him, he may be held, tried and punished in
Guyana according to such military law for the offence
thereunder.
212. (1) Subject to the foregoing provisions of this Act,
the Defence Board may make regulations for the better
carrying out of the provisions of this Act and generally for the
good government and organisation of the Force and for
providing for matters required by this Act to be prescribed
and without prejudice to the generality of the foregoing such
regulations may make provisions with respect to all or
any of the following matters:
(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 prescribing of the
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necessary forms and the
administration of oaths and
affirmations;
(b) determining to what extent and under
what conditions colour service in any
Commonwealth 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 surviving them,
and the deductions therefrom and the
forfeiture thereof (including the
reckoning for pay, pensions and
gratuities of service of the State, other
than in the Force, prior to the
commencement of service in that
Force);
(d) the description, supply, use and
disposal of arms, accoutrement,
clothing and other stores;
(e) the enlistment of persons into and the
discharge of persons from the Reserve
including the prescribing of the
necessary forms and the
administration of oaths and
affirmations;
(f) the calling out of officers and
soldiers of the Reserve on temporary
service, on permanent service and
for training including prescribing the
manner in which notification of the
places and times appointed for
training is to be given;
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Powers
exercisable in
subsidiary
legislation.


(g) requiring officers and soldiers of the
Reserve to report themselves from
time to time and generally for the
carrying into effect of Part IX;
(h) prohibiting, restricting and regulating
the holding of meetings within the
limits of any camp or other military
establishment and the admission
thereto of civilians for the purpose of
holding, addressing or attending any
such meeting;
(i) in respect of matters for which
regulations may be made under the
foregoing provisions of this Act, other
than under Part III and Part VI.
(2) The pensions and gratuities of officers and
soldiers and of their dependants surviving them payable by
virtue of regulations made under subsection (1) shall be a
charge upon the Consolidated Fund.
213. (1) Any power conferred by this Act to make
regulations, rules, orders or other instruments shall include
power to make provision for specified cases or classes of
cases, and to make different provisions for different classes or
cases, and for the purposes of any such instrument classes of
cases may be defined by reference to any circumstances
specified in the instrument.
(2) Any such regulations, rules, orders or other
instruments as aforesaid may impose conditions, require acts
or things to be performed or done to the satisfaction of any
persons named therein whether or not such persons are
members of the Force or of any Commonwealth force,
empower such persons to issue orders either orally or in
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Execution of
orders,
instruments,
etc.

s. 13(3)
writing requiring acts or things to be performed or done or
prohibiting acts or things from being performed or done, and
prescribe periods or dates upon, within or before which such
acts or things shall be performed or done or such conditions
shall be fulfilled and provide for appeal against any such
order, requirement or direction.
214. Save as expressly provided by any 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 an 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.
215. {Repealed by 4 of 1990]
__________
FIRST SCHEDULE
STATE COMMISSION
I,...........................................................................................President
of Guyana 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 Guyana 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
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s. 103
may from time to time hereafter be promoted or appointed
and you are in such manner and on such occasions 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 officer, and you to
observe and follow such orders and directions as from time to
time you shall receive from me or any of your superior
officers in pursuance of the trust hereby reposed in you.
Given at ........................................................................................
this ........................ day of .............................. 20...........................
................................................................. President.
_____________________________________________________ *to be omitted in case of a commission granted for an indefinite period.
__________
SECOND SCHEDULE
Alternative offences of which accused may be convicted by
court-martial
Offence charged Alternative Offence
1.Any offence against
section 33(1).
2.Any offence against
section 34(1).
3.Any offence against
section 41(1).
4. Communicating with or
giving intelligence to the
enemy, either with intent
to assist the enemy or
without authority.
1. Any offence against
section 33(2).
2. Any offence against
section 34(2).
3. Any offence against
section 41(2).
4. Disclosing information
without authority.

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5. Striking his
superior officer.
5. (a) Using violence to his
superior officer otherwise
than by striking him.
(b) Offering violence to
his superior officer.
6. Using violence to his
superior officer otherwise
than by striking him.
7. Using threatening
language to his superior
officer.
8. Disobeying, in such a
manner as to show wilful
defiance of authority, a
lawful command given or
sent to him personally.
9. Desertion.
10. Attempting to desert.
11. Stealing any property.
12. Any offence against
section 56 of this Act
involving willfulness.
13. Any offence against
section 61(1).
14. Any offence against
section 62(1) involving
striking.
6. Offering violence to his
superior officer.
7. Using insubordinate
language to his superior
officer.
8. Disobeying a lawful
command.
9. Absence without leave.
10. Absence without leave.
11. Fraudulently mis-
applying the property.
12. The corresponding
offence involving negligence.
13. Any offence against
section 61(2).
14. (a) The corresponding
offence involving the use of
violence other than striking.
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15. Any offence against
section 62 involving the
use of violence other than
striking.
(b) The corresponding
offence involving the
offering of violence.
15. The corresponding
offence involving the
offering of violence.
__________
THIRD SCHEDULE
Laws to be enforced and administered

1. Immigration Act
2. Police Act
3. Law of Merchant Shipping Act
4. Carriage of Goods by Sea Act
5. Passengers Act
6. Transport and Harbours Act
7. Government Wharves Act
8. Government and Contract Steamer
(Traffic) Act
9. Shipping Casualties (Investigation
and Prevention) Act
10. Wrecks Removal Act
11. River Navigation Act
12. Demerara River Navigation
Markers Act
13. Fisheries Act
14. Customs Act
15. The Collision RegU.K. Order 1965
16. Maritime Zones Act
Narcotic Drugs and psychotropic
Substances (Control) Act
Cap. 14:02
Cap. 16:01
Cap. 49:01
Cap. 49:02
Cap. 49:03
Cap. 49:04
Cap. 49:05
Cap. 49:06
Cap. 49:07
Cap. 49:08
Cap. 50:01
Cap. 50:02
Cap. 71:08
Cap. 82:01
S.I. 1965,No.
1525,UK
Cap. 63:01
Cap. 63:01
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SUBSIDIARY LEGISLATION
_________________
Reg. 7/1967
25/1969
O 80/1980
DEFENCE (OFFICERS) REGULATIONS
made under section 16 of the Defence Act and section 2 of the
British Guiana (Special Service Unit) Order 1967
Citation.
Appointment
of Officers.
[O.80/1980]
Qualification
for promotion
to lieutenant
captain and
major.
[Reg. 25/1969]
1. These Regulations may be cited as the Defence
(Officers) Regulations.
2. Officers may be appointed to the ranks set out in
the Schedule or any corresponding ranks by the President
acting on the recommendation of the Board.
3. (1) Officers of the regular Force will be eligible for
promotion to higher substantive rank on completion of the
following periods of commissioned service:
to lieutenant after 2 years;
to captain after 6 years;
to major after 12 years.
Provided that an officer who has not completed any such
period of service may be promoted, in special circumstances
and after he has attained the age of –
(a) 23 years, to lieutenant;
(b) 27 years to captain;
(c) 34 years to major.

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Conferment of
acting and local
rank.
(2) Anything in paragraph (1) of this regulation to
the contrary notwithstanding, an officer who has neither
completed any such period of service nor attained any such
age is prescribed therein may in special circumstances, be
promoted:
Provided that an officer shall not be promoted pursuant
to the foregoing provisions of this paragraph of this
regulation unless the Defence Board concurs with the
recommendation of the Commissions Board.
(3) For the purposes of this regulation periods of
commissioned service shall include—
(a) any period of full-time commissioned
service in a Commonwealth force
immediately prior to the grant of a
commission in the Guyana Defence
Force;
(b) any such period of ante-date as may
be granted by the Commissions
Board.
4. (1) An officer may be promoted to act in any rank to
fill a vacancy in the establishment of a unit by the same
authority, acting in the like manner, as is required by these
Regulations for the purpose of making a substantive
appointment to that rank.
(2) Local rank may, for the convenience of the
service, be conferred on an officer for such period as may be
necessary. Local rank shall not carry any pecuniary benefits.
__________

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reg. 2.
reg. 8/1985
SCHEDULE
Ranks to which officers may be appointed:
Major General
Brigadier
Lieutenant- Colonel
Major Captain
Lieutenant
Second Lieutenant.
__________________
Reg. 22/1974 GUYANA DEFENCE FORCE (OATHS OF
OFFICERS) REGULATIONS
made under section 16
Citation.
Oath.
1. These Regulations may be cited as the Guyana
Defence Force (Oaths of Officers) Regulations.
2. (1) Subject to regulation 3, every officer shall on
being granted a commission take and subscribe the
following oath—
I………………………………………..do swear (or solemnly
affirm) that I will bear true faith and allegiance to the State of
Guyana; that I will support and defend the State against all
enemies whomsoever; that I will faithfully discharge the
functions of an officer in the Guyana Defence Force without
fear or favour, affection or ill-will and that in the discharge of
those functions I will honour, uphold and preserve the

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Exemption.
Constitution of Guyana.
So help me God. [To be omitted in affirmation].

(2) Such oath shall be taken and subscribed—
(a) by the Chief of Staff, before the
President;
(b) by every other officer, before the
President or the Chief of Staff.
3. An officer shall not be required to take and
subscribe the oath as prescribed in regulation 2 on his
appointment on promotion to another rank.
_____________________
Reg. 24/1972
GUYANA DEFENCE FORCE (OATHS OF
SOLDIERS) REGULATIONS
made under section 212
Citation.
Oath.
1. These Regulations may be cited as the Guyana
Defence Force (Oaths of Soldiers) Regulations.
2. (1) Every soldier shall on his enlistment into the
Force take and subscribe the following oath—
I ……………………………… do swear (or solemnly
affirm) that I will bear true faith and allegiance to the
State of Guyana, that I will serve the State honestly and
faithfully against all enemies whomsoever, and that I
will obey the orders of the President of Guyana and of
Guyana Defence (Oath of Officers) Regulations
Guyana Defence (Oath of Soldiers) Regulations
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the officers appointed over me, according to law.
So help me God. [To be omitted in affirmation].
(2) The oath shall be taken and subscribed before
an officer not below the rank of Major.
__________________
Reg. 14/1974 GUYANA DEFENCE (PENSIONS AND
GRATUITIES) REGULATIONS
made under section 212
Citation.
Interpretation.
1. These Regulations may be cited as the Guyana
Defence Force (Pensions and Gratuities) Regulations.
PART I
GENERAL
2. (1) In these Regulations—
“pensionable emoluments” includes—
(a) salary;
(b) personal allowance; and
(c) ration allowance,
but does not include entertainment allowance or any

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No right to
pensions and
gratuities or
other grants.
No payment
out of the
Consolidated
other emoluments whatever;
“public claim” means—
(a) any public debt or disallowance of
expenditure, including any over issue
or advance of pay, pension, gratuity
or other emoluments made through
an error as to the facts; or
(b) the sum required to make good any
loss, shortage, damage or destruction
of public property of which, after due
investigation, no explanation
satisfactory to the Defence Board is
given by the person who is
responsible for the same;
“service claim” means any service debt or the sum required to
make good any loss, deficiency or irregular expenditure
of service money of which after due investigation no
explanation satisfactory to the Defence Board is given by
the person who is responsible for same;
“substantive rank” does not include honorary, acting or local
rank.
(2) References in these Regulations to officers and
soldiers shall be construed as being references to the body of
officers and soldiers of the regular Force of the Guyana
Defence Force established under section 4(a) of the Act.
3. No person shall have an absolute right to
compensation for past services in the Force or to any pension,
gratuity or other grant under these Regulations.
4. When the computation of a pension, or gratuity
which may be awarded under these Regulations includes a
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Fund in respect
of other service
unless
arrangements
made for
reimburse-
ments.
Revision of
provisions
relating to
pensions and
protection of
pension rights.
period of reckonable service otherwise than in the South
Caribbean Regiment or as mentioned in regulation 20(2), no
payment shall be made out of the Consolidated Fund in
respect of such other service unless arrangements have been
made to the satisfaction of the Defence Board for the
reimbursement of the Consolidated Fund by or on behalf of
the Government or other authority for whose benefit such
service was given.
5. (1) The law applicable to any benefits conferred by
these Regulations shall, in relation to any person who is
eligible for the grant of such benefits, be these Regulations as
they are in force on the relevant date or any later law that is
not less favourable to that person.
(2) Where a person is entitled to exercise an option
as to which of two or more laws apply in his case, the law
specified by him in exercising the option shall, for the
purposes of this regulation, be deemed to be more favourable
to him than the other law or laws.
(3) In this regulation—
(a) “the relevant date” means—
(i) in relation to any benefits
granted or to be granted on or
after 22nd May, 1966 to or in
respect of any person who was
an officer or soldier on that
date, 22nd May, 1966;
(ii) in relation to any benefits
granted or to be granted to or
in respect of any person who
becomes an officer or soldier on
or after 22nd May 1966, the
date on which he becomes an
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Compulsory
deductions.
Payment of
pension or
gratuity.
Power of
Defence Board
to withhold or
reduce pension
or gratuity in
certain cases.
officer or soldier;
(b) the reference to the law applicable to
any benefits conferred by these
Regulations includes (without
prejudice to their generality) a
reference to any law relating to the
time at which and the manner in
which an officer or soldier may retire
in order to become eligible for these
benefits.
6. Any pension or gratuity awarded under these
Regulations to any person shall be liable to deductions on the
order of the Defence Board to meet any public claim or
service claim.
7. The payment of any pension or gratuity under these
Regulations may be awarded provisionally or upon any other
basis and for such period as the Defence Board may think fit
and, either generally or in any particular case or class of case,
any pension or gratuity awarded may be paid in monthly
amounts in arrears.
8. (1) The Defence Board may withhold or reduce any
pension or gratuity awarded under these Regulations if any
of the following circumstances arise—
(a) if the Board is satisfied that it was
obtained by the willful suppression of
material facts or granted in ignorance
of facts, which, had they been known
at the time of the grant, would have
justified the withholding or reduction
thereof; or
(b) if the person to, or in respect of,
whom such pension or gratuity is
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awarded is sentenced to death or to
any term of imprisonment by any
court of competent jurisdiction
whether in Guyana or elsewhere for
any offence or, is in the opinion of the
Defence Board unworthy of a grant
from public funds.
(2) Where any pension or gratuity has been
withheld or reduced under these Regulations, the Defence
Board may, at any time, if in any case it considers it equitable
to do so—
(a) grant or restore the whole pension or
gratuity or a portion thereof;
(b) cause all or any part of the pension or
gratuity to which the officer or soldier
would have been entitled to be paid
to or applied for the benefit of any
wife, child or children of the officer or
soldier or any other person whom the
Defence Board is satisfied was wholly
or partially maintained by him or
after the expiration of his sentence
also for the benefit of the officer or
soldier himself in the same manner
and subject to the same qualifications
and restrictions as in the case of
bankruptcy or insolvency as
hereinafter provided.
(2) In this regulation and regulation 9—
“child” includes—
(a) a step-child;
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Effect of
insolvency on
the payment of
pension or
other grants.
(b) a child born out of wedlock who was wholly or partially dependent on the
officer or soldier for support; and
(c) an adopted child, adopted in a manner recognised by law; and
“children” shall be construed
accordingly;
“wife” includes a single woman or widow who was living
with a single officer or soldier, or with a widower who is
an officer or soldier, as the case may be, as his reputed
wife at the time of the commission of the offence or at the
time he is adjudicated a bank- rapt or is declared
insolvent and dependent upon him for support.
9. (1) If any person to whom a pension or gratuity has
been awarded under these Regulations is adjudicated a
bankrupt or is declared insolvent by a court of competent
jurisdiction, then the payment of such pension or gratuity
shall cease forthwith.
(2) Notwithstanding paragraph (1), it is lawful for
the Defence Board from time to time, during the remainder of
the life of such person as aforesaid or during such shorter
periods either continuous or discontinuous as the Defence
Board thinks fit, to cause all or any part of the monies to
which such person would have been entitled by way of
pensioner gratuity had he not been adjudged a bankrupt or
declared an insolvent, to be paid to, or applied for, the
maintenance and personal support or benefit of all, or any to
the exclusion of the other or other of the following persons
namely, such person as aforesaid and any wife, child or
children of his or any other person whom the Defence Board
is satisfied was wholly or partially maintained by him in such
proportion and manner as the Defence Board thinks proper,
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Power to make
payments to
certain persons
on death of
officer.
Service of a
foreign power.
and such monies shall be paid or applied accordingly; monies
applied for the discharge of the debts of the person aforesaid
shall, for the purpose of this paragraph, be regarded as
applied for his benefit.
(3) When a person whose pension or gratuity has
ceased to be payable under this regulation obtains a discharge
from his bankruptcy or insolvency, such pension or gratuity
may be awarded or restored to him, as the case may be, by the
Defence Board, with effect from the date of such discharge.
10. Where a person to whom any payment could have
been made under these Regulations before his death dies
before payment is made the amount so unpaid may be paid
or distributed to or among those persons whom the Defence
Board is satisfied were wholly or partially maintained by the
deceased person or if there is no such person, to the person
entitled to the grant of probate of the will of the deceased
person or letters of administration of the estate of the
deceased person and in determining the persons to whom
and the proportions in which the amount so unpaid shall be
paid or distributed the Defence Board may have regard to any
payment made or expenses incurred by any person for or on
account of medical treatment administered to the deceased
person before his death or on account of his funeral.
11. If a person to whom an award of pension or
gratuity has been made under these Regulations enters the
service of a Foreign Power without the consent of the Defence
Board, or if after having entered the service of a Foreign
Power with the consent of the Defence Board he continues in
such service after the consent is withdrawn, he is liable to
have his pension or gratuity, as the case may be, suspended,
withheld or forfeited as the Defence Board may decide.

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Compulsory
retirement.
[Reg. 22/1981]
PART II
OFFICERS AND SOLDIERS
12. (1) It is compulsory for officers and soldiers to
retire on attaining the following ages in their substantive
ranks, that is to say—
(a) officers of or above the rank of
Lieutenant Colonel, at the age of fifty-
five years;
(b) Majors and Captains, at the age of
fifty years;
(c) Lieutenants, Second Lieutenants and
Warrant Officers, at the age of forty-
five years;
(d) any soldier at the age of forty years;
Provided that no such approval shall be required when
the President is the competent appointing authority in
relation to any officer.
(2) Where an officer or soldier has attained the age
at which he is required by paragraph (1) to retire he may be
permitted by the competent appointing authority to continue
as a member of the Force for such period as may be agreed
with the officer or soldier, as the case may be, with the
approval of the Board.
(3) In paragraph (2) “competent” appointing
authority means –
(a) in relation to an officer, the Minister;
(b) in relation to a soldier, the Chief of
Staff or any other officer of the Force
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Retirement at
the full rate of
pension.
duly authorized by the Chief of Staff.
(4) Without prejudice to the provisions of
paragraph (2), the approval required under that paragraph
for permitting an officer or soldier to continue as a member of
the force may be given also by –
(a) the President in the case of an officer or soldier; and
(b) the Head of the Presidential
Secretariat in the case of a soldier.
13. (1) An officer or soldier who retires on or after
attaining the compulsory age for retirement in his rank, and
whose qualifying service is not less than the minimum period
of service specified in paragraph (3), may be granted pension
calculated in accordance with paragraph (2).
(2) Pension shall be calculated at the rate of one
six-hundredth of the final pensionable emoluments of the
officer or soldier in respect of each completed month of
service except that a pension granted to an officer or a soldier
under these Regulations shall not exceed two-thirds of the
highest pensionable emoluments drawn by him at any time in
the course of his service in the regular Force of the Guyana
Defence Force established under section 4(a) of the Act.
(3) The minimum period of service for the purpose
of qualifying for pension is fourteen continuous years of
service.
(4) Every officer or soldier with at least eight
continuous years of service who has reached the compulsory
age of retirement for his rank but has not completed the
minimum period of service qualifying for a pension under
this regulation may be granted on retirement a gratuity not
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Retirement at
pension
equivalent to
the highest
annual rate of
salary.
[Reg. 16/1981].
Option to take
reduced
pension with
exceeding five times the annual amount of the pension which,
if there had been no qualifying period, might have been
granted to him under paragraph (2).
13.A Where an officer or soldier continues as a
member of the Force in accordance with regulation 12(2) at
the request of the competent appointing authority, that
officer–
(a) notwithstanding anything in these
Regulations, shall have the entire
period of service rendered by him
taken into account in computing his
pension whether or not the pension so
computed exceeds the limits
prescribed in regulation 13(2):
Provided that the pension granted him under this
regulation shall not exceed the highest annual rate of salary
payable to him at any time in a pensionable office in Guyana;
(b) although still in the Force may, at his
option exercisable in accordance with
regulation 14 (without the right of
revocation granted thereby) be paid
an amount not exceeding the amount
which would have been payable as
gratuity to him had he retired on
attaining the age specified for his rank
in regulation 12(1) and any amount so
paid shall be set off against his
superannuation benefits granted to
him on his retirement or against any
gratuity payable on his death to his
legal personal representative.
14. (1) An officer or soldier to whom a pension is
granted under these Regulations may, at his option
exercisable as hereinafter provided, be paid in lieu of such
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gratuity.
Early
retirement at
the request of
an officer or a
soldier.
Retirement in
the interest of
the Force.
[Reg. 22/1981]
pension a pension at the rate of three- fourths of such pension
together with a gratuity equal to twelve and one-half times
the amount by which such pension is reduced.
(2) An option exercisable in accordance with this
regulation—
(a) shall be exercised or revoked by
notice in writing addressed to the
Chief of Staff not later than the date of
the retirement of the officer or soldier;
(b) may, notwithstanding subparagraph
(a), be exercisable, and if exercised,
may be revoked, on or before the date
of the final award.
15. An officer or a soldier permitted to retire at his
own request before he has attained the age at which he is
required by regulation 12 to retire from the force may, at the
discretion of the Defence Board, if he is within two years of
that age, and has completed the minimum period of service
qualifying for a pension be granted a pension as specified in
regulation 13(2).
16. An officer or soldier who is retired or is called
upon to retire or to resign on the grounds of the interest of the
Force and who—
(a) has completed the minimum period
of service qualifying for a pension; or
(b) has not completed the minimum
period of service qualifying for a
pension,
may, at the discretion of the Defence Board, be granted
pension or gratuity, as the case may be, as if he had retired in
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Retirement for
misconduct.
Pension on
being invalided
out.

Special
allowances for
injury or death
in the discharge
of duties.
the circumstances mentioned in regulation 13, and an officer
or soldier to whom paragraph (b) applies shall be deemed to
have completed at least eight continuous years of service.
17. An officer or soldier who is required to retire or to
resign for misconduct or who is cashiered or dismissed from
the Force and who has completed the minimum period of
service qualifying for a pension may, if the Defence Board so
decide, be granted a compassionate award of a pension at
such rate as the Board may determine but not in any event
exceeding ninety per cent of the pension which would have
been payable to him if he had retired at his own request.
18. An officer or soldier with at least eight years'
pensionable service who produces medical evidence from a
Medical Board consisting of at least two duly qualified
medical practitioners appointed for the purposes of this
regulation by the Defence Board that he is incapable by
reason of some infirmity of mind or body of discharging his
duties and that such infirmity of mind or body is likely to be
permanent may be invalided from the Force before he has
attained the age at which he is required by regulation 12 to
retire from the Force and may be awarded a pension or a
gratuity, as the case may be, under regulation 13.
19. (1) Where an officer or soldier has been
permanently injured—
(a) in the actual discharge of his duty;
(b) without his own default; and
(c) by some injury specifically
attributable to the nature of his duty,
and his retirement is thereby necessitated or materially
accelerated, he may if he is qualified for a pension under
regulation 13, be granted in addition to the pension granted
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him under that regulation, an additional pension at the rate of
the proportion of his annual pensionable emoluments at the
date of his injury appropriate to his case as shown in the
following table:
When his capacity to contribute to his own support is –
Slightly impaired - five-sixtieths;
Impaired - ten-sixtieths;
Materially impaired - fifteen- sixtieth;
Totally destroyed - twenty- sixtieths.
(2) Where an officer or soldier is injured under the
circumstances as specified in paragraph (1) before he has
completed fourteen years pensionable service, the officer or
soldier may be awarded a special pension at the same rate as
the additional pension which he might have been granted
under paragraph (1) if he had been so qualified.
(3) The Defence Board may, before deciding
whether or not to make an award under paragraph (1) or (2),
require the officer or soldier to submit himself for a medical
examination by a Medical Board consisting of at least two
duly qualified medical practitioners appointed for the
purposes of this regulation by the Board.
(4) The total amount of pension awarded to an
officer or soldier shall not in any case exceed the maximum
pension prescribed by the exception in regulation 13 (2).
(5) Where an officer or soldier dies while in the
service of the Force, and has completed eight years
pensionable service there shall be paid or distributed to or
among those persons whom the Defence Board is satisfied
were wholly or partially maintained by the deceased person
or, if there is no such person to his legal personal
representative, a gratuity of an amount not exceeding either
his annual pensionable emoluments if the officer or soldier
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had retired at the date of his death, or his commuted pension
gratuity (if any) granted to the officer or soldier under
regulation 13(4), whichever is the greater.
(6) Where an officer or soldier dies while in the
service of the Force but before he has completed eight years'
pensionable service there shall be paid or distributed to or
among those persons whom the Defence Board is satisfied
were wholly or partially maintained by the deceased person
or, if there is no such person to his legal personal
representative, a special gratuity equal to six months final
pensionable emoluments of such officer or soldier.
(7) Where an officer or soldier dies as a result of
injuries received—
(a) in the actual discharge of his duty;
(b) without his own default;
(c) on account of circumstances
specifically attributable to the nature
of his duty,
while in the service of the Force, it shall be lawful for the
Defence Board to grant, in addition to the grant, if any, made
under paragraph (5) or (6)—
(i) if the deceased officer or soldier
leaves a widow, a pension to
her, while unmarried at the rate
not exceeding ten-fiftieths of his
annual pensionable
emoluments at the date of the
injury or seven hundred and
twenty dollars a year,
whichever is the greater;
(ii) if the deceased officer or soldier
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leaves a widow to whom a
pension is granted under the
preceding paragraph and a
child or children, a pension in
respect of each child until the
child attains the age of eighteen
years of an amount not
exceeding one-eighth of the
pension prescribed by the
preceding paragraph;
(iii) if the deceased officer or soldier
leaves a child or children but
does not leave a widow or no
pension is granted to the
widow, a pension in respect of
each child until such child
attains the age of eighteen years
of double the amount
prescribed by the preceding
paragraph;
(iv) if the deceased officer or soldier
leaves a child or children and a
widow to whom a pension is
granted under subparagraph (i)
and the widow subsequently
dies, a pension in respect of
each child as from the date of
the death of the widow until
such child attains the age of
eighteen years of double the
amount prescribed by
subparagraph (ii);
(v) the deceased officer or soldier
does not leave a widow, or if no
pension is granted to his
widow, and if his mother was
wholly or partially dependent
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on him for her support a
pension to the mother whilst
without adequate means of
support in the opinion of the
Defence Board, of an amount
not exceeding the pension
which might have been granted
to his widow;
(vi) if the deceased officer or soldier
does not leave a widow or
mother, or if no pension is
granted to his widow or
mother, and his father were
wholly or partially dependent
on him for his support, a
pension to the father while of
good character and without
adequate means of support in
the opinion of the Defence
Board, of an amount not
exceeding the pension which
might have been granted to his
widow:
Provided that:
(A) in the case of a pension
granted under
subparagraph (v), if the
mother is a widow at the
time of the grant of the
pension and
subsequently remarries,
such pension ceases as
from the date of re-
marriage and if it
appears to the Defence
Board at any time that
the mother is adequately
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provided with other
means of support, such
pension ceases as from
such date as the Defence
Board may determine;
and
(B) a pension granted to a
female child under this
regulation ceases upon
her marriage under the
age of eighteen years.
(8) For the purposes of this regulation—
“child” includes—
(a) a posthumous child;
(b) a step-child or a child born out of
wedlock or an adopted child adopted
in a manner recognised by law, born
or adopted before the date of the
injury and living with the officer or
soldier, as the case may be, or wholly
or partially maintained by him;
“commuted pension gratuity” means the gratuity, if any,
which might have been granted to the officer or soldier
under regulation 14 if he had retired at the date of his
death and had elected to receive a gratuity and a reduced
pension;
“father” includes any person who, for the purpose of
establishing that the relationship of father and child
existed between himself and an officer or soldier,
produces evidence to the satisfaction of the Defence
Board that during the lifetime of the officer or soldier he
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Qualifying
service for
computing
pension and
gratuity.
had acknowledged that he was the father of that officer
or soldier;

“widow” includes a single woman or widow who was living
with a single officer or soldier or with a widower who is
an officer or soldier, as the case may be, as his reputed
wife to the date of the injury and whom the Defence
Board treats as if she were in law his widow.
(9) This regulation applies to an officer or soldier
notwithstanding the fact that by reason of his injury or death
he or his dependants as defined under the National Insurance
and Social Security Act are entitled to benefits under that Act.
20. (1) For the purposes of computing the amount of
pension or gratuity of an officer or soldier, the following
periods after the officer or soldier has attained the age of
eighteen years shall be taken into account as qualifying
service—
(a) any period during which he has been
on duty in the Force;
(b) any period during which he received
no pay but was considered to be a
member of the Force when absent
without leave;
(c) any period not exceeding twelve
months during which a female officer
or soldier, because of her pregnancy,
is disembodied or struck off strength;
(d) any period during which he has been
absent from duty on vacation leave, or
on leave with pay otherwise than at
the full rate in the interest of the Force
with the approval of the Defence
Board and during which he has not
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qualified for pension or gratuity in
respect of any other service:
Provided that the periods of absence in the circumstances
mentioned in subparagraphs (b) and (c) shall not be taken
into account as reckonable service in the computation of
pension or gratuity.
(2) Reckonable service for the purposes of these
Regulations shall be service which is taken into account when
computing the pension and gratuity of an officer or soldier
and shall include—
(a) the period of his service in the Force;
(b) service to which the Pensions Act
applies;
(c) service in the Special Service Unit;
(d) service on the permanent staff of the
former British Guiana Volunteer
Force;
(e) a continuous period of embodiment
of not less than six months in the
former British Guiana Volunteer
Force;
(f) service in the Guyana Police Force;
(g) service to which the Teacher’s
Pension Act applies;
(h) any other service which the Defence
Board by order published in the
Gazette determines to be reckonable
service:
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Payment of
Pension of
person of
unsound mind.
Settlement of
questions
arising under
these
regulations.
[22 of 1981]
Provided that such service shall be continuous service
immediately preceded or followed by enlistment or transfer
to the Force.
21. If any officer or soldier to whom a pension is
granted under these Regulations is or becomes of unsound
mind the Defence Board may direct that his pension, or such
part of it as appears necessary for his care and maintenance,
be paid to the person in the opinion of the Defence Board in
whose care he may be or who may be responsible for the cost
of his care and maintenance; and the receipt of the person to
whom the amount of pension is so paid is a sufficient
discharge for such money as is stated thereon to have been
paid.
22. (1) The Defence Board has full power and
authority to decide all questions that may arise in respect of
or in connection with the administration of these Regulations.
(2) Without prejudice to the provisions of paragraph
(1), the functions conferred on the Defence Board by
regulations 15 to 22 inclusive may be exercised also by the
head of the Presidential Secretariat.
____________________
DEFENCE RULES OF PROCEDURE
ARRANGEMENT OF RULES RULE
1. Citation.
DEFINITIONS AND INTERPRETATIONS
2. Definitions
Defence (Pensions and Gratuities) Regulations
Defence Rules of Procedure
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RULE
ARREST AND AVOIDANCE OF DELAY
3. Avoidance of delay by commanding officers in
investigating charges.
4. Eight day delay reports.
5. Arrest not to exceed 72 days without permission
from higher authority.
INVESTIGATION OF CHARGES BY COMMANDING
OFFICER
6. Methods of investigating charges.
7. Hearing of evidence by commanding officer.
8. Summary of evidence.
9. Abstract of evidence.
10. Investigation before summary dealing by
commanding officer.
11. Dismissal of charge by commanding officer.
12. Reference of charges to higher authority.
PREPARATION OF CHARGE SHEETS AND FRAMING
OF CHARGES
13. Charge-sheets.
14. Charges.
15. Joint charges.
16. Construction of charge-sheets and charges.
ACTION BY HIGHER AUTHORITY ON RECEIPT OF A
CHARGE
17. Action by higher authority on receipt of a charge.

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RULE
INVESTIGATION OF, AND SUMMARY DEALING WITH,
CHARGES FOR AN APPROPRIATE SUPERIOR
AUTHORITY
18. Documents to be given to officers, warrant officers
and civilians dealt with summarily.
19. Investigations of and summary dealing with charges
against officers, warrant officers and civilians.
20. Alternative courses open to an appropriate superior
authority.
CONVENING OF COURTS-MARTIAL
21. Duties of convening officer when convening a court-
martial.
22. Appointment of president and members.
23. Officers under instruction.
24. Preparation of defence.
ASSEMBLY AND SWEARING OF COURT
25. Preliminary matters to be considered by court and
beginning of trial.
26. Objections to the court.
27. Swearing of court.
28. Swearing of judge advocate.
29. Swearing of officers under instruction.
30. Appointment and swearing of, and objections to
interpreters and shorthand writers.
31. No right of objection to judge advocate, prosecutors
and officer under instruction.
32. Order of trials.
33. Oaths and solemn affirmation.

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RULE
ARRAIGNMENT OF ACCUSED
34. Arraignment of accused.
35. Plea to the jurisdiction of the court.
36. Objection to charge.
37. Plea to bar of trial.
38. Application by an accused at a joint trial to be tried
separately.
39. Application by an accused at a trial to have a charge
tried separately.
40. Pleas to the charge.
41. Acceptance of pleas of guilty.
42. Pleas on alternative charges.
PROCEDURE AFTER RECORDING A FINDING OF
GUILTY
43. Order a trial where pleas of guilty and not guilty.
44. Procedure on finding of guilty after plea of guilty.
CHANGES OF PLEA
45. Changes of Plea.
PROCEDURE ON PLEAS OF NOT GUILTY
46. Application for adjournment of trial.
47. Case for the prosecution.
48. Calling of witnesses whose evidence is not
contained in summary or abstract n evidence.
49. Notice to an accused that a witness will not be
called by the prosecutor.

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RULE
CALLING AND EXAMINATION OF WITNESSES
50. Swearing of witnesses.
51. Exclusions of witnesses from court.
52. Examination of witnesses.
53. Examination of witnesses by court
54. Reading batch of evidence to witnesses.
55. Cabling of witnesses by court ant recalling of
witnesses.
56. Statutory declaration.
SUBMISSION OF NO CASE TO ANSWER AND
STOPPING OF CASE
57. Submission of no case to answer of court to stop a
case.
CASE FOR THE DEFENCE
58. Explanation to accused of his rights when making
his defence.
59. Evidence for the defence.
60. Evidence in rebuttal.
61. Closing address.
62. Handing in of a statutory declaration by accused.
SUMMING UP BY JUDGE ADVOCATE
63. Summing up by Judge Advocate.
DELIBERATION ON, AND ANNOUNCEMENT OF,
FINDING THE CHARGE
64. Deliberation on finding on the charge.
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RULE
65. Expression of opinions on, and form of finding.
66. Announcement of finding.
PROCEDURE AFTER ANNOUNCEMENT OF FINDING
67. Completion of procedure on plea of guilty before
deliberation on sentence.
68. Trial of charges in others charge-sheets before
deliberation on sentence.
69. Release of accused.
70. Accused’s record and plea in mitigation.
71. Request by accused for other offences to be taken
into consideration.
DELIBERATION ON SENTENCE
72. Persons entitled to be present during deliberation
on sentence.
73. Sentence and recommendation to mercy.
74. Postponement of deliberation on sentence.
ANNOUNCEMENT OF SENTENCE AND CONCLUSION
OF TRIAL
75. Announcement of sentence and conclusion of trial.
GENERAL DUTIES OF THE PRESIDENT, PROSECUTOR
AND THE DEFENDING OFFICER OR COUNSEL
76. General duties of the president.
77. General duties of prosecutor and defending officer
or counsel.
78. Counsel.
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RULE
POWERS AND DUTIES OF THE JUDGE ADVOCATE
79. General duties of the judge advocate.
80. Judge advocate sitting alone.
WITHDRAWAL AND AMENDMENT OF CHARGE-
SHEETS AND CHARGES
81. Withdrawal of charge-sheets and charges.
82. Amendment of charge-sheets and charges by the
court.
83. Amendment of charges by convening officer.
SITTINGS AND ADJOURNMENT OF THE COURT
84. Sittings of the court.
85. Adjournment.
86. View by court.
87. Absence of president, members or judge advocate.
INSANITY
88. Insanity.
INTERVIEWING AND ATTENDANCE OF WITNESSES
89. Interviewing of witnesses.
90. Procuring attendance of witnesses.
RECORD OF PROCEEDINGS
91. Record of proceedings.
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RULE
92. Exhibits.
93. Custody and inspection of record of proceedings
during trial.
CONFIRMATION, REVISION AND PROMULGATION
94. Confirmation and promulgation.
95. Revision.
LOSS OF PROCEEDINGS
96. Loss of original record of proceedings before
confirmation.
97. Loss of original record of proceedings after
confirmation.
CUSTODY OF THE RECORD AFTER CONFIRMATION
AND COST OF COPIES THEREOF
98. Custody and preservation of record of proceedings
after confirmation.
99. Cost of copies of record of proceedings.
PETITIONS
100. Petitions.
MISCELLANEOUS PROVISIONS
101. Notice requiring oral evidence in place of statutory
declaration.
102. Exceptions from Rules on account of the exigencies
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RULE
of the service.
103. Exceptions from Rules in the interests of security.
104. Order to inspect banker’s books.
105. Deviations from the forms in the Schedules.
106. Cases not covered by Rules.
FIRST SCHEDULE – Forms for commanding officers
1. Delay report.
2. Summary of evidence.
3. Abstract of evidence.
4. Certificate to be attached to abstract of evidence
after it has been handed to the accused.
5. Summons to a witness to attend the taking of a
summary of evidence.
SECOND SCHEDULE – Charge-sheets
1. Commencement of charge-sheets.
2. Statements of offences.
3. Illustrations of charge-sheets.
THIRD SCHEDULE – Record of proceedings before an
appropriate superior authority.
FOURTH SCHEDULE – Court-martial forms
1. Convening Orders.
2. Declarations under rules 102 and 103.
3. Summons to a witness to attend a court-martial.
4. Notices requiring oral evidence to be given in lieu of
a statutory declaration.
5. Record of proceedings of a court-martial.
6. Findings.
7. Record of reconsideration of finding under rule
79(4)
8. Service record of accused.
9. Record of proceedings on revision under section
110.
10. Confirmation.
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RULE
11. Direction under section 123(3).
12. Restitution order.
13. Promulgation.
FIFTH SCHEDULE – Sentences
1. Sentences.
2. Recommendation under section 12(3)
3. Restitution order.
SIXTH SCHEDULE – Oaths and affirmation
1. Oaths at investigations by commanding officers and
appropriate superior authorities.
2. Oaths at courts-martial.
3. Manner of administering oaths.
4. Solemn affirmations.
SEVENTH SCHEDULE – Petitions
1. Petitions.
2. List of persons to whom petitions may be presented
under rule 100.
__________________________
R. 1/1977 DEFENCE RULES OF PROCEDURE
made under section 137
Citation.

1. These Rules may be cited as the Defence Rules of
Procedure.
DEFINITION AND INTERPRETATION

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Definitions.
Avoidance of
delay by
commanding
officers in
investigating
charges.
2. In these Rules—
“convening a fresh court” includes dissolving the existing
court;
“member” when used in relation to a court-martial does not
include the president;
“section” means a section of the Act;
“special finding” means when used in relation to:—
(a) section 103, any finding which a
court-martial may make in accordance
with that section;
(b) section 117, a finding in accordance
with subsection (2) of that section that
the accused is guilty but insane;
(c) Rule 65(3), a finding that the accused
is guilty of the charge subject to the
exception of variation specified in the
finding.
ARREST AND AVOIDANCE OF DELAY
3. (1) When a person is detained by military authority
in Avoidance arrest, his commanding officer shall, unless it is
impracticable within forty-eight hours of becoming aware
that he is so detained have such person brought before him,
inform him of the charge against him and begin to investigate
it.
(2) Every case of such a person being detained in
arrest beyond the period of forty-eight hours referred to in
this rule without such investigation having begun and the
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Eight day delay
reports.
First schedule.

Arrest not to
exceed 72 days
without
permission
from higher
authority.

Methods of
investigating
charges.
reason therefor shall be reported by his commanding officer to
the higher authority.
4. The report required by subsection (2) of section
with regard to the necessity for further delay in bringing an
accused to trial shall be in the form set out in the First
Schedule and shall be signed by his commanding officer. The
report shall be sent to the officer who would be responsible
for convening, a court-martial for the trial of the accused.
5. An accused shall not be held in arrest for more than
seventy-two consecutive days without a court-martial being
convened for his trial, unless the officer who would be
responsible for convening the court-martial directs in writing
that he shall not be released from arrest When giving such a
direction such officer shall state his reasons for giving it.
INVESTIGATION OF CHARGES BY COMMANDING
OFFICER
6. (1) Subject to paragraph (3), when a commanding
officer investigates a charge he shall first read and, if
necessary, explain the charge to the accused and shall then:—
(a) hear the evidence himself in
accordance with rule 7; or
(b) cause the evidence to be reduced to
writing, in accordance with paragraph
(2) and read and consider it:
Provided that—
(a) notwithstanding that he has heard all
or part of the evidence himself, he
may cause the evidence to be reduced
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to writing;
(b) after the evidence has been reduced to
writing and he has considered it, he
may himself hear evidence in
accordance with rule 7; and
(c) before he submits to higher authority
a charge against an officer or warrant
officer, soldier or civilian to whom
Part V is applied by section 210 or
remands a non-commissioned officer
or private soldier for trial by court-
martial he shall cause the evidence to
be reduced to writing.
(2) Evidence may be reduced to writing in the form
of a summary of evidence taken in accordance with rule 8 or
an abstract of evidence made in accordance with rule 9:
Provided that a summary of evidence must be taken if:—
(a) the maximum punishment for the
offence with which the accused is
charged is death; or
(b) the accused, at any time before the
charge against him is referred to
higher authority in accordance with
rule 12, requires in writing that a
summary of evidence be taken; or
(c) the commanding officer is of the
opinion that the interests of justice
require that a summary of evidence
be taken.
(3) Where the evidence taken in accordance with
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Hearing of
evidence by
commanding
officer.
paragraph (1) discloses an offence other than the offence
which is the subject of the investigation, a new charge
alleging that offence may be preferred against the accused in
addition to, or in substitution for, the original charge and the
investigation of the original charge may be treated, for the
purposes of these Rules, as the investigation of the added of
substituted charge.
(4) Where a civilian, to whom Part V of the Act is
applied by section 210 is charged with an offence with which
an appropriate superior authority can deal summarily, it shall
not be necessary for his commanding officer to read the
charge to the accused; but it shall be a sufficient compliance
with the provisions of this Rule if his commanding officer
causes to be delivered to the accused a copy of the charge and
of the abstract of evidence and considers them together with
any statement made by the accused under rule 10.
7. When a commanding officer investigates a charge
during hearing himself:—
(a) each prosecution witness shall give
his evidence orally in the presence of
the accused, or the commanding
officer shall read to the accused a
written statement made by the
witness;
Provided that a written statement of a prosecution
witness shall not be used if the accused requires that the
witness shall give his evidence orally;
(b) the accused shall be allowed to cross-
examine any prosecution witness;
(c) the accused may on his own behalf,
give evidence on oath or may make a
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Summary of
evidence.
First Schedule.
statement without being sworn;
(d) the accused may call witnesses in his
defence, who shall give their evidence
orally and in his presence;
(e) the evidence shall not be given on
oath unless the commanding officer
so directs or the accused so demands;
(f) if the evidence is given on oath, the
commanding officer shall, subject to
the accused’s right to make a
statement without being sworn,
administer the oath to each witness
and to any interpreter in accordance
with rule 33.
8. A summary of evidence shall be taken in the
following manner and shall be in accordance with the form
set out in the First Schedule—
(a) it shall be taken in the presence of the
accused by the commanding officer or
by another officer on the direction of
the commanding officer;
(b) the prosecution witnesses shall give
their evidence orally and the accused
shall be allowed to cross-examine any
prosecution witness:
Provided that, if a person cannot be compelled to attend
as a prosecution witness or if, owing to the exigencies of the
service or on other grounds (including the expense and loss of
time involved, the attendance of any prosecution witness
cannot, in the opinion of the officer taking the summary (to be
certified by him in writing), be readily procured, a written
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Statement of his evidence, purporting to be signed by him,
maybe read to the accused and included in the summary of
evidence; but, if such witness can be compelled to attend, the
accused may insist that he shall attend for cross-examination:
(c) A child shall not be called as a
prosecution witness in any case where
the charge being investigated is for a
sexual offence and any statement
made in writing by or taken in writ-
ing from the child which would be
admissible if given orally may be read
to the accused and included in the
summary of evidence:
Provided that this paragraph shall have no application
where the child can be compelled to attend and the accused
objects to the application of this paragraph or the officer taken
the summary of evidence requires the attendance of the child
for the purpose of establishing the identity of any person or is
satisfied it has not been possible to obtain from the child a
statement that may be given in evidence under this
paragraph;
(d) after all the evidence against the
accused has been given, the accused
shall be asked:
“Do you wish to say anything? You are not obliged to do
so but if you wish you may give evidence on oath or you
may make a statement without being sworn. Any
evidence you give or statement you make will be taken
down in writing and may be given in evidence.”
Any evidence given or statement made by the accused
shall be recorded in writing and, immediately thereafter, the
record of his evidence or statement shall be read over to him
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and corrected where necessary, and he shall sign it unless he
declines to do so;
(e) the accused may call witnesses in his
defence, who shall give their evidence
orally;
Provided that, if a person cannot be compelled to attend
as a defence witness or if, owing to the exigencies of the
service or on other grounds (including the expense and loss of
time involved), the attendance of any defence witness cannot,
in the opinion of the officer taking the summary (to be
certified by him in writing), be readily procured, a written
statement of his evidence, purporting to be signed by him,
may be read to the accused and included in the summary of
evidence; but, if such witness can be compelled to attend, the
accused may insist that he shall attend.
(f) neither the accused nor the witnesses
for the defence shall be subject to
cross-examination;
(g) the evidence of each witness (other
than the accused) who gives evidence
orally shall be recorded in writing
and, immediately thereafter, the
record of his evidence shall be read
over to him, corrected where
necessary and signed by him;
(h) the record of the evidence may be in
narrative form, save that any question
put to a witness in cross-examination
by the accused and the answer
thereto, shall be recorded verbatim if
the accused so requires:
(i) the oath shall be administered in
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Abstract of
evidence.
First Schedule.
accordance with rule 33 by the officer
taking the summary of evidence to
each witness, before he gives his
evidence, and to any interpreter:
Provided that, where any child of tender years, called as
a witness, does not, in the opinion of the officer taking the
summary understand the nature of an oath, his evidence may
be received, though not given upon oath, if, in the opinion of
the Officer taking the summary, he is possessed of sufficient
intelligence to justify the reception of the evidence and
understands the duty of speaking the truth; and
(j) at the conclusion of the taking of the
summary of evidence, the officer
taking it shall certify thereon that he
has complied with the provision of
this rule.
9. (1) An abstract of evidence shall be made in the
following way and shall be in accordance with the form set
out in the First Schedule—
(a) it shall he made by the commanding
officer or by another officer on the
direction of the commanding officer;
(b) the accused should not be present
while the abstract of evidence is being
made;
(c) it shall consist of signed statements by
such witnesses as are necessary to
prove the charge:
Provided that if, in the case of any witness, a signed
statement is not readily procurable, a précis of the evidence to
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be given by that witness may be included instead of a signed
statement; and
(d) an oath shall not be administered to a
witness making a statement for
inclusion in an abstract of evidence,
but use may be made where
necessary, of sworn statements which
are already in existence.
(2) When an abstract of evidence has been made in
accordance with paragraph (1), a copy of it shall be handed to
the accused and he shall then be cautioned in the following
terms—
“This is a copy of the abstract of evidence in your case;
you are not obliged to say anything with regard to it
unless you wish to do so but you should read it, and,
when you have read it, if you wish to say anything, what
you say will be taken down in writing and may be given
in evidence.”
Any statement made by the accused after he has read the
abstract of evidence shall be taken down in writing and he
shall be asked to sign it.
(3) After the accused has been given an
opportunity of making a statement in accordance with
paragraph (2) and after his statement (if any) has been
recorded, he may submit to the officer making the abstract the
statements of any witnesses he wishes to be attached to the
abstract of evidence.
(4) Any statement made by the accused in
accordance with paragraph (2) and any statements of
witnesses submitted by him in accordance with paragraph (3)
of this Rule shall be attached to the abstract of evidence.

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First Schedule.

Investigation
before
summary
dealing by
commanding
officer.

Dismissal of
charge by
commanding
officer.

Reference of
charges to
higher
authority.
(5) A certificate by the person who recorded the
statement made by the accused in accordance with paragraph
(2) stating that the accused was duly cautioned in accordance
with this Rule, shall be attached to the abstract of evidence
and shall thereafter form part of it. This certificate shall be in
the form set out in the First Schedule.
10. Before a commanding officer deals summarily
with a charge after the evidence has been reduced to
writing—
(a) any prosecution witness who has not
given his evidence orally shall do so if
the accused requires it; and
(b) the commanding officer shall give the
accused a further opportunity to give
evidence on oath or to make a
statement without being sworn and to
call witnesses in his defence.
11. (1) A commanding officer may dismiss a charge at
any time during his investigation if he is of the opinion that it
ought by not to proceeded with further.
(2) After a commanding officer has referred a
charge to higher authority in accordance with rule 12, he shall
not dismiss it unless it has been referred back to him with a
direction that it shall be dismissed in accordance with the
provisions of section 87.
12. When a commanding officer submits to higher
authority a charge against an officer or warrant officer or a to
civilian to whom Part V is applied by section 210 or has
remanded, a non-commissioned officer or private soldier for
trial by court-martial, he shall send to higher authority:—

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Charge-sheets.

Second
Schedule.

Second
Schedule.
(a) a copy of the charge on which the
accused is held;
(b) a draft charge-sheet containing the
charges upon which the commanding
officer considers that the accused
should be dealt with summarily or
tried by court martial:
(c) the summary or abstract of evidence;
(d) a statement of the character and
service record of the accused; and
(e) a recommendation as to how the
charge should he proceeded with.
13. (1) A charge sheet shall contain the whole of the
issue or issues to be tried at one time and may contain more
than one charge if the charges are founded on the same facts
or form or are part of a series of offences of the same or
similar character:
Provided that charges under section 47 (1) (a) section 48
(a), section 54 (a) (where the charge is connected with a
charge under cither of the before- mentioned sections or
section 63 may be included in any charge-sheet,
notwithstanding that other charges in that charge-sheet are
not founded on the same facts and do not form or are not part
of a series of offences of the same or similar character.
(2) Every charge-sheet shall in its layout follow the
appropriate illustration given in the Second Schedule.
(3) The commencement of each charge-sheet shall
be in the appropriate form set out in the Second Schedule and
shall state the number, rank, name and unit of the accused
and show by the description of the accused or directly by an
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Charges.
Second
Schedule.
express averment that he is subject to military law under the
Act or otherwise liable to trial by court-martial.
14. (1) Each charge shall state one offence only.
(2) Offences may be charged in the alternative in
separate charges but in no case shall they be charged in the
alternative in the same charge When charges are laid in the
alternative they should be set out in order of gravity
commencing with the most serious.
(3) Each charge shall consist of two parts namely—
(a) the statement of the offence; and
(b) the particulars of the act, neglect or
commission constituting the offence.
(4) The statement of an offence, if it is not a civil
offence, shall be in the appropriate form set out in the Second
Schedule if it is a civil offence in such words as sufficiently
described that offence.
(5) The particulars shall state—
(a) such circumstances respecting the
alleged offences as will enable the
accused to know every act, neglect or
omission which it is intended to prove
against him as constituting the
offence;
(b) when the offence charged is one
which can be committed either in
circumstances involving a higher
degree of punishment or in circum-
stances involving a lesser degree of
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Joint charges.

Construction of
charge-sheets
and charges.
punishment, facts which it is intended
to prove as rendering the accused
liable to the higher degree of
punishment if convicted; and
(c) any additional facts which it is
intended to prove as rendering the
accused liable to the punishment of
stoppages if convicted.
15. (1) Any number of the accused may be charged in
the same charge-sheet with offences alleged to have been
commuted by them separately if the acts on which the
charges are founded are so connected that it is in the interests
of justice that they be tried together.
(2) (a) Any number of accused may be
charged jointly in one charge for an
offence alleged to have been
committed by them jointly.
(b) Where so charged any one or more of
such accused may at the same time be
charge; in the same charge- sheet with
any other offence alleged to have been
committed by him or them
individually or jointly, provided that
such charges could, if the accused to
whom they relate had been tried
separately, have been included under
Rule 13 (1) in the same charge sheet as
the other charges against him.
16. In the construction of a charge-sheet or charge
there shall be presumed in favour of supporting it every
proposition which may reasonably be presumed to be
impliedly included, though not expressed therein, and the
statement of the offence and the particulars of the offence
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Action by
higher
authority on
receipt of a
charge.

Documents to
be given to
officers,
warrant officers
and civilians
dealt with
summarily.

Investigations
of and
summary
dealing with
charges against
officers,
warrant officers
and civilians.
shall be read and construed together.
17. When a higher authority receives a charge against
an accused, he shall, if he does not refer it back to the
commanding officer or deal summarily with it himself or
himself convene a court-martial to try the accused, refer the
charge either to an appropriate superior authority in order
that that authority, may deal summarily with it or to the
officer who would be responsible for convening the
appropriate court-martial to try the accused, and shall, when
he so refers the charge, send to the appropriate superior
authority or other officer concerned the documents
mentioned in rule 12 together with his own recommendation
as to how the case should be proceeded with.
INVESTIGATION OF, AND SUMMARY DEALINGS
WITH CHARGE BY AN APPROPRIATE SUPERIOR
AUTHORITY.
18. An appropriate superior authority shall ensure
before to investigating and dealing summarily with a charge
that the warrant accused is given, not less than twenty-four
hours before the charge is so investigated and dealt with, a
copy of the charge- sheet containing the charge upon which
he will be so dealt with and a copy of the summary or abstract
of evidence.
19. When an appropriate superior authority
investigates and deals summarily with a charge—
(a) he shall first read the charge to the
accused;
(b) the witnesses against the accused
need not give their evidence orally if
the accused has so agreed in writing
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Third Schedule.

Alternative
courses open to
an appropriate
superior
authority.
but if the accused has not so agreed
they shall give their evidence orally in
his presence and he shall be allowed
to cross-examine them. If the
witnesses against the accused do not
give their evidence orally the
appropriate superior authority shall
read the summary or abstract of
evidence to the accused if he so
requires;
(c) the accused in his defence may
adduce evidence as to the facts of the
case and as to his character and in
mitigation of punishment;
(d) the accused himself may give
evidence on oath, make a statement
without being sworn or hand in a
written statement;
(e) each witness who gives evidence shall
give it on oath and the oath shall be
administered by the appropriate
superior authority to each witness
and to any interpreter in accordance
with rule 33;
(f) a record shall be made of the
proceedings in accordance with, the
form set out in the Third Schedule to
these Rules.
20. An appropriate superior authority shall, if an
accused elects to be tried by court-martial or the appropriate
superior authority in the course of investigating a charge
determines that, it is desirable that the charge should be tried
by court-martial, either himself convene the court-martial or
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Duties of
convening
officer when
convening a
court Martial.
Fourth
Schedule.
refer the charge to higher authority in accordance with rule
17.
CONVENING OF COURTS-MARTIAL
21. (1) Subject to paragraph (2) when an officer
convenes a court-martial he shall—
(a) issue a convening order in the
appropriate form set out in the Fourth
Schedule;
(b) direct upon what charges the accused
is to be tried and ensure that the
accused has been remanded for trial
by court-martial upon those charges
either by his commanding officer or
by the appropriate superior authority
who has investigated them;
(c) if he is of the opinion that charges
should be put in separate charge-
sheets, so direct and direct the order
in which they are to be tried;
(d) direct, if there is more than one
accused, whether the accused are to
be tried jointly or separately;
(e) appoint the president and members of
the court and any waiting members in
accordance with rule 22:
(f) if convening—
(i) an ordinary court-martial
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where the maximum or only
punishment for the offence is
death; or
(ii) any other court-martial at
which he considers there
should be a judge advocate,
appoint a suitable person to act
as judge advocate unless such
appointment has been made or
is to be made by the Defence
Board;
(g) appoint an officer subject to service
law or counsel assisted by such an
officer to prosecute or detail a
commanding officer to appoint an
officer subject to service law to
prosecute:
Provided that the convening officer may appoint two
such officers to prosecute if he thinks fit;
(h) appoint the date, time and place for
the trial;
(i) send to the president the charge-sheet,
the convening order and a copy of the
summary or abstract of evidence from
which any evidence which in his
opinion would be inadmissible under
the Act at the court-martial has been
expurgated;
(j) send to each member of the court and
to each waiting member a copy of the
charge- sheet;
(k) send to the prosecutor copies of the
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charge-sheet and convening order
and the original summary or abstract
of evidence together with an
unexpurgated copy thereof showing
the passages (if any) which have been
expurgated in the copy sent to the
president;
(l) send to the judge advocate (if any)
copies of the charge-sheet and
convening order and an
unexpurgated copy of the summary
or abstract of evidence showing the
passages (if any) which have been
expurgated in the copy sent to the
president;
(m) ensure that the accused is given
proper opportunity to prepare his
defence in accordance with rule 24;
and
(n) take steps in accordance with rule 89
to procure the attendance at the court-
martial of all witnesses to be called for
the prosecution and all witnesses
whose attendance the accused has
reasonably requested in accordance
with rule 24;
Provided that the convening officer may require the
accused to defray or undertake to defray, as the convening
officer thinks fit, the cost of the attendance of a witness whose
attendance he has requested and if the accused refuses to
defray or to undertake to defray, as the case may be such cost,
the convening officer shall not be obliged to take any further
steps to procure the attendance of that witness.
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Appointment
of president
and members.

Officers under
instruction.
Preparation of
defence.
(2) When an officer convenes a field court-martial
he shall not be obliged to comply with sub-paragraph (g), (i)
(in so far as it relates to the copy of the summary or abstract
of evidence sent to the president being expurgated), (j), (k)
and (l) of paragraph (1) if, in his opinion, it is impracticable to
do so.
22. The convening officer shall—
(a) appoint the president of a court-
martial by name and appoint the
members either by name or by
detailing a commanding Officer to
appoint an officer of a specified rank;
and
(b) appoint such waiting members as he
thinks expedient either by name or by
detailing a commanding officer to
appoint an officer of a specified rank.
23. (1) Subject to rule 79, any officer subject to service
law may, by direction of the convening officer or at the
discretion of the president remain with a court-martial
throughout the proceedings as an officer under instruction.
(2) An officer under instruction, although allowed
to be present in closed court, shall take no part in any of the
deliberations or decisions of the court.
24. (1) Subject to paragraph (2) of this rule—
(a) an accused who has been remanded
for trial by court-martial shall be
afforded a proper opportunity for
preparing his defence and shall be
allowed proper communication with
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his defending officer or counsel and
with his witnesses;
(b) a defending officer or counsel shall be
appointed to defend an accused who
has been remanded for trial by court-
martial unless the accused states in
writing that he does not wish such an
appointment to be made;
(c) if the prosecution is to be undertaken
by a legally qualified officer or by
counsel, the accused shall be notified
of this fact in sufficient time to enable
him, if he so desires and it is
practicable, to make arrangements for
a legally qualified officer or counsel to
defend him;
(d) as soon as practicable after an accused
has been remanded for trial by court-
martial and in any case not less than
twenty-four hours before his trial he
shall be given—
(i) a copy of the charge-sheet;
(ii) an unexpurgated copy of the
summary or abstract of
evidence showing the passages
(if any) which have been
expurgated in the copy sent to
the president;
(iii) notice of any additional
evidence which the prosecution
intends to adduce; and
(iv) if the accused so requires, a list
of the ranks, names, and units
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of the president and members
who are to form the court and
of any waiting members;
(e) when an accused is given a copy of
the charge-sheet and of the summary
or abstract of evidence in accordance
with this rule he shall—
(i) if necessary, have the charge
explained to him; and
(ii) be informed that, upon his
making a written request to his
commanding offier not less thin
twenty-four hour, before his
trial requiring the attendance it
his trial of any witness (other
than a witness for the
prosecution) whom he desires
to call in his defence (such
witness to be named by him),
reasonable steps will be taken
in accordance with these Rules
to procure the attendance of
any such witness at his trial;
(f) when an accused is served with a
copy of a statutory declaration which
the prosecutor proposes to hand to
the court in accordance with section
104 (2) and rule 56 he shall be
informed of his right under the said
section to require that oral evidence
shall be given in lieu of such statutory
declaration.
(g) when it is intended to try two or more
accused jointly, notice of this fact shall
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Preliminary
matters to be
considered by
be given to each such accused when
he is given a copy of the charge-sheet,
any such accused may, before trial, by
written notice to the convening officer
claim to be tried separately on the
ground that he would be prejudiced
in his defence if he were not tried
separately. In such case the convening
officer shall if he is of the opinion the
interest of justice so require, direct
that the accused who has so claimed
shall be tried separately.
(h) when a charge-sheet contains more
than one charge, the accused may,
before trial, by written notice to the
convening officer claim to be tried
separately on any charge in that
charge-sheet on the ground that he
would be prejudiced in his defence if
he were not tried separately on that
charge, and in such case the
convening officer shall, if he is of the
opinion that the interests of justice so
require, direct that the accused shall
be tried separately on that charge.
(2) In the case of a field court-martial tire
provisions of paragraph (1) need only he complied with so far
as it is practicable to do so.
ASSEMBLY AND SWEARING OF COURT
25. (1) Upon a court-martial assembling, the court
shall, before beginning the trial, satisfy themselves in closed
court— court at
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beginning of
trial.
(a) that the court has been convened in
accordance with court at the Act and
these Rules;
(b) that the court consists of not less than
the legal minimum of officers;
(c) that the president and members are of
the required rank;
(d) that the president and members have
been duly appointed and are not
disqualified under the Act;
(e) if there is a judge advocate, that he
has been duly appointed;
(f) that the accused appears from the
charge-sheet to be subject to military
law under the Act or otherwise liable
to trial by court-martial and to be
subject to the jurisdiction of the court;
and
(g) that each charge is on its face correct
in law and framed in accordance with
these Rules.
(2) (a) Where a vacancy occurs through a
member of the court being
disqualified under the Act or being
absent when the court assembles, the
president may; appoint a duly
qualified waiting member to fill that
vacancy.
(b) The president may, if the interests of
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Objections to
the court.
justice so require, substitute a duly
qualified waiting member for a
member appointed by the convening
officer.
(3) It the court is not satisfied on any of the matters
mentioned in paragraph (1), and is not competent to rectify
such matter itself under the Act or these Rules, it shall, before
commencing the trial, report to the convening officer thereon.
(4) When the court has complied with this rule and
is ready to proceed with the trial, the president shall open the
court and the trial shall begin.
26. (1) The order convening the court and the names
of the court officers appointed to try the accused shall be read
in the hearing of the accused who shall be given an
opportunity to object to any of those officers in accordance
with section 97.
(2) When a court is convened to try more than one
accused whether separately or jointly, each accused shall be
given an opportunity to object to any officer on the court in
accordance with paragraph (1) and shall be asked separately
whether he has any such objection.
(3) An accused shall state the names of all the
officer- to whom he objects before any objection is disposed
of.
(4) If more than one officer is objected to, the
objection to each officer shall be disposed of separately and
the objection to the lowest in rank shall be disposed of-first,
except where the president is objected to in which case the
objection to him shall be disposed of before the objection to
any other officer.

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(5) An accused may make a statement and call any
person to make a statement in support of his objection.
(6) An officer to whom the accused has objected
may state in open court anything relevant to the accused’s
objection whether in support or in rebuttal thereof.
(7) An objection to an officer shall be considered in
closed court by all the other officers on the court including
any officer who has been appointed by the president in
accordance with paragraph (9) in place of an officer who has
retired.
(8) When an objection to an officer is allowed that
officer shall forthwith retire and take no further part in the
proceedings.
(9) When an officer objected to (other than the
president) retires and there is a duly qualified waiting
member in attendance, the president should immediately
appoint him to take the place of the officer who has retired.
(10) The court shall satisfy themselves that a
waiting member who takes the place of a member of the court
is of the required rank and not disqualified under the Act and
shall give the accused an opportunity to object to him and
shall deal with any such objection in accordance with this
rule.
(11) If an objection to the president is allowed the
court shall report to the convening officer without proceeding
further with the trial.
(12) If as the result of the allowance of an objection
to a member there are insufficient officers available to form a
court in compliance with the Act the court shall report to the
convening officer without proceeding further with the trial
and the convening officer may either appoint an officer as a
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Swearing of
court.

Swearing of
judge advocate.
Swearing of
officers under
instruction.

Appointment
and swearing
member to fill the vacancy or convene a fresh court to try the
accused.
27. (1) Immediately after rule 26 has been complied
with, an oath shall be administered president d each member
of the court in accordance with rule 33 and in the presence of
the accused.
(2) If there is a judge advocate, the oath shall be
administered by him to the president first and afterwards to
each member of the court, if there is no judge advocate, the
oath shall be first administered by the president to the
members of the court and then to the president by any
member of the court already sworn.
(3) A court may be sworn at one time to try any
number of accused then presented before it, whether they are
to be tried jointly or separately.
(4) When a court is convened to try two or more
accused separately and one accused objects to the president or
to any member of the court, the court may, if they think fit,
proceed to determine that objection in accordance with rule
26 or postpone the trial of that accused and swear the court
for the trial of the other accused only.
28. After the court have been sworn, an oath shall be
swearing administered to the judge advocate (if any) in
accordance with rule 33 and in the presence of the accused.
29. After the court and judge advocate (if any) have
been sworn, an oath shall be administered to any officer
under instruction under in accordance with rule 33 and in the
presence of the accused.
30. (1) A competent and impartial person may be
appointed at any time to act as an interpreter or shorthand
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of, and
objections to
interpreters
and shorthand
writers.

No right of
objection to
judge advocate,
prosecutors
and officer
under
instruction.

Order of trials.

Oaths and
solemn
affirmation.
Sixth Schedule.
writer at a trial by court-martial and before he so acts an oath
shall be administered to him in accordance with rule 33 and
in the presence of the accused.
(2) Before a person is sworn as an interpreter or as
a short hand writer, the accused shall be given an opportunity
to object to him in the same manner as an objection may be
taken to a member of the court and, if the court think that the
objection is reasonable, that person shall not act as interpreter
or shorthand writer.
31. The accused shall have no right to object to a judge
advocate, prosecutor or any officer under instruction.
32. (1) When a court has been convened to try two or
more accused separately and has been sworn in accordance
with rule 27(3) the court shall try them in the order indicated
by the convening officer or where he has given no such
indication, then in such order as the court think fit.
(2) When a court has been convened to try an
accused on charges which are included in more than one
charge-sheet, the court shall take the charge-sheets in the
order indicated by the convening officer or, where he has
given no such indication, in such order as the president thinks
fit.
33. (1) An oath which is required to be administered
under these rules shall be administered in the appropriate
form and in the manner set out in the Sixth Schedule.
Provided that the opening words of the oath may be
varied to such words and the oath may be administered in
such manner as the person taking the oath declares to be
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Sixth Schedule.
Arraignment of
accused.
binding on his conscience in accordance with his religious
beliefs.
(2) Subject to rule. 27 (2) every oath shall be
administered at a court-martial by the president, a member of
the court or the judge advocate.
(3) Where a person is permitted to make a solemn
affirmation instead of swearing an oath, the affirmation shall
be in the appropriate form set out in the Sixth Schedule.
(4) The provisions of section 107 shall apply to
proceedings before a commanding officer, the taking of
summaries of evidence and proceedings before an
appropriate superior authority as they apply to proceedings
before a court-martial.
ARRAIGNMENT OF ACCUSED
34. (1) When the court and judge advocate (if any)
have been sworn the accused shall be arraigned.
(2) If there is more than one charge against the
accused before the court he shall be required to plead
separately to each charge.
(3) If there is more than one charge-sheet against
the accused before the court, the court shall arraign and try
the accused upon the charge in the first of such charge-sheets
and shall announce their finding thereon and if the accused
has pleaded guilty the court may either proceed to comply
with paragraphs (1) and (2) of rule 44 before they arraign him
upon the charge in any subsequent charge-sheet or they may
defer compliance with those paragraphs until after the
accused has been re-arraigned and tried upon such charge.
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Plea to the
jurisdiction of
the court.
Objection to
charge.
35. (1) The accused, before pleading to the charge,
may offer a plea to the jurisdiction of the court. If he does
so—
(a) the accused may adduce evidence in
support of the plea and the prosecutor
may adduce evidence in answer
thereto; and
(b) the prosecutor may address the court
in answer, to the plea and the accused
may reply to the prosecutor’s address.
(2) If the court allow the plea they shall adjourn
and report to the convening officer.
(3) When a court report to the convening officer
under this rule, the convening officer shall—
(a) if he approves the decision of the
court to allow the plea, dissolve the
court;
(b) if he disapproves the decision of the
court—
(i) refer the matter back to the
court and direct them to
proceed with the trial; or
(ii) convene a fresh court to try the
accused.
36. (1) An accused before pleading to a charge may
object to it on the grounds that it is not correct in law or is not
framed in accordance with these Rules, and if he does so, the
prosecutor may address the court in answer to the objection
and the accused may reply to the prosecutor’s address.
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(2) If the court uphold the objection, they shall
either amend the charge, if permissible under rule 82, or
adjourn and report to the convening officer:
Provided that if there is another charge or another
charge-sheet before the court the court may, before
adjourning under this rule, proceed with the trial of such
other charge or other charge-sheet.
(3) When a court report to the convening officer
under this rule, the convening officer shall—
(a) if he approves the decision of the
court to allow the objection:—
(i) dissolve the court; or
(ii) where there is another charge
or another charge-sheet before
the court to which the objection
does not relate and which the
court has not tried, direct the
court to proceed with the trial
of such other charge or charge-
sheet only; or
(iii) amend the charge to which the
objection relates if permissible
under rule 83, and direct the
court to try it as amended;
(b) if he disapproves the decision of the
court to allow the objection —
(i) direct the court to try the
charge; or
(ii) where there is another charge
or another charge-sheet before
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Plea to bar of
trial.
the court to which the objection
does not relate and which the
court has not tried, direct the
court to proceed with the trial
of such other charge or charge-
sheet only; or
(iii) convene a fresh court to try the
accused.
37. (1) An accused before pleading to a charge may
offer a plea of trial in reliance upon section 126 or section 128.
If he does so —
(a) the accused may adduce evidence in
support of the pies and the prosecutor
may adduce evidence in answer
thereto; and
(b) the prosecutor may address the court
in answer to the plea and the accused
may reply to the prosecutor's address.
(2) If the court allow the plea they shall adjourn
and report to the convening officer:
Provided that if there is another charge or another
charge-sheet before the court, the court may, before
adjourning under this rule, proceed with the trial of such
other charge or other charge-sheet.
(3) When a court report to the convening officer
under this rule, the convening officer shall:—
(a) if he approves the decision of the
court to allow the plea:—
(i) dissolve the court; or
(ii) where there is another charge
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Application by
an accused at a
joint trial to be
tried
separately.

Application by
an accused at a
or another charge-sheet before
the court to which the plea does
not relate and which the court
has not tried, direct the court to
proceed with the trial of such
other charge or charge-sheet
only;
(b) if he disapproves the decision of the
court to allow the plea:
(i) direct the court to try the
charge; or
(ii) where there is another charge
or another charge-sheet before
the court to which the plea does
not relate and which the court
has not tried, direct the court to
proceed with the trial of such
other charge or charge-sheet
only; or
(iii) convene a fresh court to try the
accused.
38. Where two or more accused are charged jointly,
any one the accused may, before pleading to the charge,
apply to the court to be tried separately on the ground that he
would be prejudiced in his defence if he were not tried
separately. If the accused makes such an application the
prosecutor may address the court in answer separately
thereto and the accused may reply to the prosecutor’s
address. If the court are of the opinion that the interests of
justice so require they shall allow the application and try
separately the accused who made it.
39. Where a charge-sheet contains more than one
charge the accused may, before pleading to the charges, apply
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trial to have a
charge tried
separately.

Pleas to the
charge.

Acceptance of
pleas of guilty.
to the court to be tried separately on any charge in that
charge-sheet on the ground that he would be prejudiced in his
defence if he were not tried separately on that charge. If the
accused makes such an application the prosecutor may
address the court in answer thereto and the accused may
reply to the prosecutor’s address. If the court are of the
opinion that the interests of justice so require they shall allow
the application and try the accused separately on the charge
to which it relates as if that charge had been inserted in a
separate charge-sheet.
40. (1) After any pleas under rules 35 and 37 any
objection under rule 36 and any application under rules 38
and 39, have been dealt with, the accused stall be required
(subject to paragraph (2)) to plead either guilty or not guilty
to each charge on which he is arraigned.
(2) Where the court are empowered by section 103
to find an accused guilty of an offence other than that charged
or guilty of committing the offence in circumstances
involving a less degree of punishment or where they could,
after hearing the evidence, make a special finding of guilty
subject to exceptions or variations in accordance with rule 65,
the accused may plead guilty to such other offence or to the
offence charged as having been committed in circumstances
involving a less degree of punishment or to the offence
charged subject to such exceptions or variations.
4l. (1) If an accused pleads guilty to a charge under
either paragraph (1) or paragraph (2) of rule 40 the president
or judge advocate shall, before the court decide to accept the
plea, explain to the accused the nature of the charge and the
general effect of his plea and in particular the difference in
procedure when an accused pleads guilty and when an
accused pleads not guilty.
(2) A court shall not accept plea of guilty under
either paragraph (1)or paragraph (2) of rule 40 is—
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Pleas on
alternative
charges.
(a) the court are not satisfied that the
accused under stands nature of the
charge or the effect of his plea, or
(b) the president having regard to all the
circumstances, consider, that the
accused should plead not guilty; or
(c) the accused is liable if convicted to be
sentenced to death.
(3) In the case of a plea of guilty under paragraph
(2) of rule 40, a court shall also not accept the plea unless the
convening officer concurs and they are satisfied of the justice
of such course. The concurrence of the convening officer may
be signified by the prosecutor.
(4) When a plea of guilty under cither paragraph
(1) or paragraph (2) of rule 40 is not accepted by the court or
the accused either refuses to plead to the charge or does not
plead to it intelligibly, the court shall enter a plea of not
guilty.
(5) When the court are satisfied that they can
properly accept a plea of guilty under either paragraph (1) or
paragraph (2) of rule 40 they shall record a finding of guilty in
respect thereof,
42. (1) When an accused pleads guilty to the first of
two or more alternative charges, the court, if they accept the
accused's plea of guilty shall record a finding of guilty in
respect of the first charge and the prosecutor shall withdraw
any alternative charge before the accused is arraigned on it.
(2) When an accused pleads guilty to one of two or
more charges which are laid in the alternative other than the
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where pleas of
guilty and not
guilty.

Procedure on
finding of
first of such charges, the court may:—
(a) proceed as if the accused had pleaded
not guilty to all the charges; or
(b) with the concurrence of the convening
officer (which may be signified by the
prosecutor) record a finding of guilty
on the charge to which the accused
has pleaded guilty and a finding of
not guilty on any alternative charge
which is placed before it in the
charge-sheet. Where the court record
such findings, the prosecutor shall
before the accused is arraigned on it
withdraw any charge which is
alternative to the charge of which the
court have found the accused guilty
and which is placed after it in the
charge- sheet.
PROCEDURE AFTER RECORDING A FINDING OF
GUILTY
43. After the court have recorded a finding of guilty, if
there is no other charge in the same charge-sheet to which the
accused has pleaded not guilty and no other accused who has
pleaded not guilty to a charge in that charge-sheet, they shall
proceed with the trial as directed by rule 44. If there is another
charge in the charge-sheet to which the accused who has
pleaded not guilty to a charge in that charge-sheet, the court
shall not comply with rule 44 until after they have dealt with
such other charge or tried such other accused and have
announced and recorded their funding in respect thereof.
44. (1) After the court have recorded a finding of
guilty in respect of a charge to which an accused pleaded
Order of trial
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guilty after plea
of guilty.

Changes of
Plea.
guilty, the prosecutor shall, subject to rule 43, read the
summary or abstract of evidence to the court or inform the
court of the facts contained therein:
Provided that if an expurgated copy of the summary or
abstract was sent to the president, the prosecutor, it or shall
not read to the court those parts of the summary or abstract
which have been expurgated or inform the court of the facts
contained in those parts, and shall not hand the original
summary or abstract to the court until the trial is concluded.
(2) If there is no summary or abstract of evidence
or the summary or abstract is, in the opinion of the court,
inadequate or incomplete, the court shall hear and record in
accordance with these Rules sufficient evidence to enable
them to determine the sentence.
(3) After paragraphs (1) and (2) have been
complied with, the accused may:—
(a) adduce evidence of character and in
mitigation of punishment; and
(b) address the court in mitigation of
punishment.
(4) After paragraph (3) has been complied with,
the court shall proceed as directed in paragraphs (1), (2), (3)
and (4) of rule 70.
CHANGES OF PLEA
45. (1) An accused who has pleaded not guilty may as
any time before the court close to deliberate on their finding
withdraw his plea of not guilty and substitute a plea of guilty
(including a plea of guilty under rule 40 (2) and in such case
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Application for
adjournment of
trial.
the court shall, if they are satisfied that they can accept the
accused's changed plea under these Rules, record a finding in
accordance with the accused’s changed plea and so far as is
necessary proceed as directed by rule 44.
(2) If at any time during the trial it appears to the
court that an accused who has pleaded guilty does not
understand the effect of his plea or the nature of the charge,
the court shall enter a pica of not guilty and proceed with the
trial accordingly.
(3) When a court enter a plea of not guilty in
respect of any charge under paragraph (2), they shall, if there
was a charge laid in the alternative thereto which the
prosecutor withdrew under rule 42, reinstate such alternative
charge, arraign the accused thereon and proceed with the trial
as if it had never been withdrawn.
PROCEDURE ON PLEAS OF NOT GUILTY
46. After a plea of not guilty to any charge has been
entered—
(a) the court shall ask the accused
whether he wishes to apply for an
adjournment on the ground that any
of these Rules relating to procedure
before trial have not been complied
with and that he has been prejudiced
thereby or on the ground that he has
not had sufficient opportunity for
preparing his defence—
(b) it the accused applies for an
adjournment—
(i) the accused may adduce
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Case for the
prosecution.
Calling of
witnesses
whose evidence
is not contained
in summary or
evidence.
Notice to an
accused that a
witness will not
be called by the
evidence in support of his
application and the prosecutor
may adduce evidence in
answer thereto; and
(ii) the prosecutor may address the
court in answer to the
application and the accused
may reply to the prosecutor’s
address;
(c) the court may grant an adjournment if
they think the interests of justice so
require.
47. (1) The prosecutor may, if he desires, and shall, if
required by the court, make an opening address explaining
the charge, where necessary and the nature and general effect
of the evidence which he proposes to adduce.
(2) The witnesses for the prosecution shall then be
called and give their evidence.
48. If the prosecutor intends to adduce evidence
which is not contained in any summary or abstract of
evidence given to the accused, notice of such intention
together with the particulars of the evidence shall, when
practicable, be given to the accused a reasonable time before
the evidence is adduced. If such evidence is adduced without
such notice or particulars having been given, the court may, if
the after receiving .the evidence or any cross-examination-
arising our evidence to be postponed, and the court shall
inform the accused of his right to apply for such an
adjournment or postponement.
49. The prosecutor shall not be bound to call all the
witnesses against the accused whose evidence is contained in
the summary or that abstract of evidence nor a witness whom
abstract of
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prosecutor.

Swearing of
witnesses.

Exclusions of
witnesses from
court.
Examination of
witnesses.
he has notified the accused witness that he intends to call
under rule 48, but if the prosecutor does not intend to call
such a witness to give evidence he shall either tender by him
for cross-examination by the accused, or give the accused
reasonable notice that he does not intend to call the witness
and that the accused will be allowed to communicate with
him and to call him as a witness for the defence, if he so
desires and if the witness is available.
CALLING AND EXAMINATION OF WITNESSES
50. Save as otherwise provided by the Act an oath
shall be administered to each witness in accordance with rule
33 before he gives evidence and in the presence of the
accused.
51. During a trial a witness other than the prosecutor
or accused shall not, except by leave of the court, be in court
while not witnesses under examination, and if while he is
under examination a discussion arises as to the allowance of a
question or otherwise with regard to the evidence the court
may direct the witness to withdraw during such discussion.
52. (1) A witness may be examined by the person
calling him and may be cross-examined by the opposite party
to the proceedings and on the conclusion of any such cross-
examination may be re-examined by the person who called
him on matters arising out of the cross-examination.
(2) The person examining a witness shall put his
questions to the witness orally and unless an objection is
made by the witness, court judge advocate, prosecutor or by
the accused, the witness shall reply forthwith. If such an
objection is made, the witness shall not reply until the
objection has been disposed of.
(3) The court may allow the cross-examination or
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Examination of
witnesses by
court.

of evidence to
witnesses.

witnesses by
recalling of
witnesses.
re-examination of a witness to be postponed.
53. (1) The president, the judge advocate and, with
permission of the president, any member of the court may put
questions to a witness.
(2) Upon any such question being answered, the
prosecutor and the accused may put to the witness such
questions arising from the answer which he has given or seem
proper to the court.
54. (1) The record which has been made of the
evidence given by a witness shall be read back to him before
he leaves the court and when this is done he may ask for the
record to be corrected or explain the evidence which he has
given. If any such correction is made or explanation given, the
prosecutor and the accused may put such questions to the
witness respecting the correction or explanation as seem
proper to the court.
(2) When a shorthand writer is employed it shall
not be necessary to comply with paragraph (1), if, in the
opinion of the court and the judge advocate, (if any), it is
unnecessary to do so:
Provided that if any witness so demands paragraph (1)
shall be complied with.
55. (1) The court may, at any time before they close to
deliberate on their finding or if there is a judge advocate
before he begins to sum up, call a witness or recall a witness,
if in the opinion of the court it is in the interests of justice to
do so. If the court call a witness or recall a witness under this
rule, the prosecutor and the accused may put such questions
to the witness as seem proper to the court.
(2) The prosecutor and the accused may, at any
Reading back
Calling of
court and
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Statutory
declaration.

Submission of
no case to
time before the court close to deliberate on their finding if
there is a judge advocate before he begins to sum up, recall a
witness by leave of the court and the prosecutor and the
accused may put such questions to the witness as seem
proper to the court.
56. A statutory declaration which is admissible in
accordance with the provisions of section 104 shall be handed
to the court by the prosecutor or the accused, as the case may
be, without being produced by a witness.
SUBMISSION OF NO CASE TO ANSWER AND
STOPPING OF CASES
57. (1) At the close of the case for the prosecution the
accused may submit to the court in respect of any charge that
the prosecution has failed to establish a prima facie case for
him to answer and that he should not be called upon to make
his defence to that charge. If the accused makes such a
submission, the prosecutor may address the court in answer
thereto and the accused may reply to the prosecutor’s
address.
(2) The court shall not allow the submission unless
they are satisfied that:—
(a) the prosecution has not established a
prima facie case on the charge as laid;
and
(b) it is not open to them on the evidence
adduced to make a special finding
under either section 103 or rule 65(3).
(3) It the court allow the submission they shall find
the accused not guilty of the charge to which it relates and
announce this finding in open court forthwith; if the court
and power of
court to stop
a case.
answer
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Explanation to
accused of his
rights when
making his
defence.
disallow the submission they shall proceed with the trial of
the offence as charged.
(4) Irrespective of whether there has been a
submission under this rule or not, the court may at any time
after the close of the hearing of the case for the prosecution,
and after hearing the prosecutor find the accused not guilty of
a charge, and if they do so they shall also announce such
finding in open court forthwith.
CASE FOR THE DEFENCE
58. (1) After the close of the case for the prosecution,
the president or judge advocate (if any) should explain to the
accused of that—
(a) if he wishes, he may give evidence on
oath as a witness or make a statement
without being sworn, but that he is
not obliged to do either;
(b) if he gives evidence on oath, he will
be liable to be cross-examined by the
prosecutor and to be questioned by
the court and the judge advocate (if
any), but that, if he makes a statement
without being sworn, no one will be
entitled to ask him any questions; and
(c) whether he gives evidence or makes a
statement or remains silent, he may
call witness on his behalf both to the
facts of the case and to his character.
(2) After the president or judge advocate has
complied with paragraph (1) he shall ask the accused if he
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Evidence for
the defence.
Evidence in
rebuttal.
Closing
intends to give evidence on oath or to make a statement
without being sworn and if he intends to call any witness on
his behalf and, if so, whether he is a witness to fact or to
character only.
(3) If the accused intends to call a witness to the
facts of the case other than himself he may make an opening
address outlining the case for the defence before the evidence
for the defence is given.
59. (1) After rule 58 has been complied with the
witnesses for defence (if any) shall be called and give their
evidence.
(2) Rules 50, 51, 52, 53, 54, 55 and 56 shall apply so
the witnesses and the evidence for the defence as they apply
to the witnesses and the evidence for the prosecution.
60. After the witnesses for the defence have given
their evidence the prosecutor may, by leave or the court, call a
witness or recall a witness to give evidence on any matter
raised by the accused in his defence which the prosecution
could not properly have mentioned to the court before the
accused disclosed his defence or which the prosecution could
not reasonably have foreseen.
61. (1) After all the evidence has been given the
prosecutor and the accused may each make a closing address
to the court.
(2) The accused shall be entitled to make his
closing address after the closing address by the prosecutor
unless the accused has called a witness to fact other than
himself, in which ease the prosecutor shall be entitled, subject
to paragraphs (3) and (4), to make his closing address after
the closing address by the accused.
(3) Where two or more accused are tried jointly,
addresses.
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Handing in of a
statutory
declaration by
accused.
Summing up
by Judge
Advocate.
Deliberation on
finding on the
charge.
any one of them who has called a witness to fact other than
himself shall make his closing address before the closing
address by the prosecutor, and any one of them who has
called no such witness shall be entitled to make his closing
address after the closing address by the prosecutor.
(4) Where two or more accused are represented by
the same defending officer or counsel he may make one
closing address only. If any one of the accused for whom he
appears has called no witness to fact other than himself such
defending officer or counsel shall be entitled to make his
closing address after the closing address by the prosecutor.
62. For the purposes of rules 58 and 61, the handing in
by the accused of a statutory declaration shall be treated as
the calling of a witness by him.

SUMMING UP BY JUDGE ADVOCATE
63. Alter the closing address, if there is a judge
advocate, he shall sum up the evidence and advise the court
on the law relating advocate, to the case in open court.
DELIBERATION ON, AND ANNOUNCEMENT OF,
FINDING ON THE CHARGE
64. (1) After the closing addresses, or if there is a
judge advocate after his summing up, the court shall close to
deliberate on their finding on finding on a charge.
(2) While the courts are deliberating on their
finding on the charge no person shall be present except the
president and members of the court and any officer under
instruction.

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Expression of
opinions on,
and form of
finding.
(3) If there is a judge advocate and the court, while
deliberating on their finding on the charge require further
advice from him, the court shall suspend their deliberation
and ask and be given such advice in open court.
65. (1) The opinion of the president and each member
as to the finding shall be given in closed court, orally, and on
each charge separately and their opinions shall be given in
order of seniority commencing with the junior in rank.
(2) Save as is otherwise provided in paragraph (4)
the court shall record on every charge on which a plea of not
guilty has been recorded:—
(a) a finding of guilty or a special finding
in accordance with section 103 or
section 117(2) or paragraph (3) of this
rule; or
(b) a finding of not guilty or of not guilty
and honourably acquitted of the
charge.
(3) Where the court are of the opinion as regards
any charge that the facts which they find to be proved in
evidence differ from the facts alleged in the particulars of the
charge, but are nevertheless sufficient to prove the offence
stated in the charge and that the difference is not so material
as to have prejudiced the accused in his defence, the court
may, instead of recording a finding of not guilty, record a
finding that the accused is guilty of the charge subject to any
exception or variation which they shall specify in the finding.
(4) Where the court have recorded a finding of
guilty on a charge which is laid in the alternative they shall
find the accused not guilty of any charge alternative thereto
which placed before it in the charge-sheet and record no
finding on any charge alternative thereto which is placed after
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Announcement
of finding.

Fourth
Schedule.
Completion of
procedure on
plea of guilty
before
deliberation on
sentence.

Trial of charges
charge-sheets
before
deliberation on
sentence.

Release of
accused.

Accused’s
record and plea
it in the charge-sheet.
66. (1) The finding on each charge shall be announced
in open court forthwith.
(2) Every finding which requires confirmation
shall be announced as being subject to confirmation.
(3) The finding shall be in the appropriate form set
out in the Fourth Schedule.
PROCEDURE AFTER ANNOUNCEMENT OF FINDING
67. After the court have announced their finding on
any charge on which the court have entered a plea of not
guilty, if there is another charge in the same charge-sheet on
which the court have accepted a plea of guilty, the court shall
comply with paragraphs (1) and (2) of rule 44 in respect of
that charge before proceeding further with the trial.
68. Where there is another charge-sheet against the
accused before the court, the court shall not comply with rules
69 and 70 until they have arraigned and tried the accused and
have complied with rule 66 and, if necessary, with rule 67, in
respect of each charge in such other charge-sheet unless the
charge-sheet is withdrawn under rule 80.
69. If the findings on all charges against the accused
are not guilty the court shall order the accused to be released
and the president and judge advocate (if any) shall date and
sign the record of the proceedings The president or the judge
advocate shall then forward it as directed in the convening
order.
70. (1) if the finding on a charge against the accused is
guilty or the court makes a special finding in accordance with
in other
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in mitigation.


Fourth
Schedule.
section 103 or paragraph (3) of rule 65, the court before
deliberating on their sentence shall whenever possible take
evidence of his age, rank and service record. Such service
record shall include—
(a) any recognised acts of gallantry or
distinguished conduct on the part of
the accused and any decorations to
which he is entitled; and
(b) particulars of any offence of which the
accused has been found guilty during
his service and of the length of time
he has been under arrest awaiting
trial or in confinement under a
current sentence.
(2) Evidence of the matters referred to in
paragraph (1) may be given by a witness producing to the
court a written statement containing a summary of the entries
in the service books relating to the accused, after the witness
has in court verified such statement and indentified the
accused as the person to whom it relates. Such statement shall
be in the form set out in the Fourth Schedule.
(3) In addition to the evidence contained in the
statement referred to in paragraph (2). it shall be the duty of
the prosecutor whenever possible to call as a witness an
officer to give the court any information in the possession of
the military authorities regarding —
(a) the accused’s family background and
responsibilities and any other
circumstances which may have made
him more susceptible to the
commission of the offence charged;
(b) his general conduct in the service; and
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Request by
accused for
other offences
to be taken into
(c) particulars of offences which do not
appear in the statement above
referred to of which the accused has
been found guilty by a civil court not
being offences of which he was found
guilty while under the age of fourteen
years.
Provided that the court shall not be informed of any such
civil offence unless the finding is proved in accordance with
section 191 or the accused has admitted, after the purpose for
which such admission is required has been explained to him,
that he has been found guilty of the offence.
(4) The accused may cross-examine any witness
who gives evidence in accordance with paragraphs (2) and (3)
and if the accused so requires the service books, or a duly
certified copy of the material entries therein, shall be
produced, and if the contents of the form are in any respect
not in accordance with the service books or such certified
copy the court shall cause the form to be corrected
accordingly.
(5) After paragraphs (1), (2), (3) and (4) have been
complied with the accused may —
(a) give evidence on oath and call
witnesses in mitigation of punishment
and to his character; and
(b) address the court in mitigation of
punishment.
71. (1) Before the court close to deliberate on their sen-
tence, the accused may request the court to take into consider-
ation any other offence against the Act committed by him of a
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consideration.
Persons
entitled to be
present during
deliberation on
sentence.
Sentence and
recommenda-
tion to mercy.
similar nature to that of which he has been found guilty, and,
upon such a request being made, the court may agree to take
into consideration any of such other offences as to the court
seems proper.
(2) A list of the offences which the court agree to
take into consideration shall be read to the accused by the
president or judge advocate, who shall ask the accused if he
admits having committed them. The accused shall sign a list
of the offences which he admits having committed and the
court shall take the offences in this list into consideration. This
list shall be signed by the president or judge advocate and be
attached to the record of the proceedings as an exhibit.
DELIBERATION ON SENTENCE
72. While the court are deliberating on their sentence
no person shall be present except the president, members,
judge advocate (if any) and any officer under instruction.
73. (1) The court shall award one sentence in respect
of all the offences of which the accused is found guilty. The
sentence shall be in the appropriate form set out in the Fifth
Schedule.
(2) The opinion of the president and each member
as to the sentence shall be given orally and in closed court and
their opinions shall be given in order of seniority com-
mencing with the junior in rank.
(3) When the court have agreed to take into
consideration an offence which is not included in the charge-
sheet, the court shall award a sentence appropriate both to the
offence of which the accused has been found guilty and to the
other offence which they are taking into consideration, but
not greater than the maximum sentence which may be
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Postponement
of deliberation
on sentence.
Announcement
of sentence and
conclusion of
trial.
awarded under the Act for the offence of which the accused
has been found guilty, save that they may include in their
sentence a direction that such deductions shall be made from
the pay of the accused as they would have had the power to
direct to be made if the accused had been found guilty of the
offence taken into consideration as well as of the offence of
which he has been found guilty.
(4) The court may make a recommendation to
mercy and, if they do so, shall record in the proceedings their
reasons for making it.
74. Where two or more accused are tried separately by
the same court upon charges arising out of the same trans-
action, the court may, if they think that the interests of justice
so require, postpone their deliberation upon the sentence to
be awarded to any one or more of such accused until they
have recorded and announced their findings in respect of all
of such accused.
ANNOUNCEMENT OF SENTENCE AND CONCLUSION
OF TRIAL
75. (1) The sentence, and any recommendation to
mercy together with the reasons for making it, shall be
announced in open court. The sentence shall also be
announced as being subject to confirmation.
(2) When paragraph (I) has been complied with the
president shall announce in open court that the trial is con-
cluded.
(3) Immediately after the conclusion of the trial the
president and judge advocate (if any) shall date and sign the
record of the proceedings. The president or the judge
advocate shall then forward it as directed in the convening
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General duties
of the
president.
order.
GENERAL DUTIES OF THE PRESIDENT, PROSECUTOR
AND THE DEFENDING OFFICER OR COUNSEL
76. It shall be the duty of the president to ensure that
the trial is conducted in accordance with the Act and these
Rules and in a manner befitting a court of justice, and in
particular —
(a) to ensure that the prosecutor and the
defending officer or counsel conduct
themselves in accordance with these
Rules;
(b) to ensure that the accused does not
suffer any disadvantage in
consequence of his position as such or
of his ignorance or of his incapacity to
examine or cross-examine witnesses
or to make his own evidence clear and
intelligible, or otherwise;
(c) to ensure that an officer under
instruction does not express an
opinion to the court on any matter
relating to the trial before the court
have come to their finding, nor on
sentence before the court have
decided upon the sentence;
(d) when there is no judge advocate
present to ensure that a proper record
of the proceedings is made in
accordance with rule 91 and that the
record of the proceedings and exhibits
are properly safeguarded in
accordance with rule 93.
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General duties
of prosecutor
and defending
officer or
counsel.
Counsel.
77. (1) It shall be the duty of the prosecutor and of the
defending officer or counsel to assist the court in the
administration of justice, to treat the court and judge advocate
with due respect and to present their cases fairly, and in
particular—
(a) to conform with these Rules and the
practice of the civil courts in Guyana
relating to the examination, cross-
examination and re-examination of
witness;
(b) not to refer to any matter not relevant
to the charge before the court; and
(c) not to state as a matter of fact any
matter which is not proved or which
they do not intend to prove by
evidence.
(2) Without prejudice to the generality of any of
the provisions of paragraph (1) it shall be the duty of the
prosecutor to bring the whole of the transaction before the
court and not to take any unfair advantage of, or to withhold
any evidence in favour of the accused.
78. (1) Subject to these Rules the following persons
shall be allowed to appear as counsel at a court-martial:—
(a) every attorney-at-law who has a right
of audience before, and every
attorney-at-law who is entitled to
practice in, the Supreme Court of
Guyana;
(b) with the consent of the convening
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General duties
of the judge
advocate.
officer, any person who is recognised
by him as having in any
Commonwealth country or territory
outside Guyana rights, and duties
similar to those of an attorney-at-law
in Guyana, and as being subject to
punishment or disability for a breach
of professional rules.
(2) Any right granted by these Rules to the accused
at a court-martial to call or examine witnesses or to address
the court, any right of the accused to object to the
admissibility of evidence at a court-martial and any right
granted to the accused by rules 24(1) (e), (g) and (h), 26, 30, 35,
36, 37, 38, 39, 46, 57, 71, 79(2), 91 and 93(2) may be exercised
by his defending officer or his counsel on his behalf, and any
reference in these Rules to any address, request, application,
claim, submission, objection or plea to the jurisdiction or in
bar of trial made, taken or offered at a court-martial by the
accused shall be construed as including any address request,
application, claim, submission, objection or plea to the
jurisdiction or in bar of trial made, taken or offered at a court-
martial by his defending office or counsel on his behalf.
(3) If the accused is to be defended at his court-
martial by counsel not nominated by the convening officer the
accused shall give the convening officer notice of this fact not
less than twenty-four hours before his trial.
POWERS AND DUTIES OF THE JUDGE ADVOCATE
79. (1) The prosecutor and the accused respectively
are at all times after the judge advocate is named to act at the
trial entitled to his opinion on any question of law or
procedure relative to the charge or trial whether he is in or
out of court, subject when he is in court to the permission of
the court.

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Fourth
Schedule.
(2) On the assembly of the court the judge
advocate shall advise the court of any defect in the
constitution of the court or in the charge-sheet, and during the
trial he shall advise the court upon all questions of law or
procedure which may arise. The court shall accept his advice
on all such matters unless they have weighty reasons for not
doing so, and if the courts do not accept it their reasons for
not doing so shall be recorded in the proceedings.
(3) After the closing addresses, the judge advocate
shall sum up the evidence and advise the court upon the law
relating to the case before the court close to deliberate on their
finding. If in the course of deliberating on their finding the
court require advice from the judge advocate, they shall
suspend their deliberation and ask and be given such advice
in open court.
(4) If when the court announce a finding of guilty
or a special finding under either section 103 or rule 65(3) the
judge advocate is of the opinion that such finding or special
finding is contrary to the law relating to the case, he shall
once more, but not more than once more, advise the court
what findings are, in his opinion, open to them. The court
shall then reconsider their finding in closed court. The record
of the proceedings relating to such reconsideration shall be in
the form set out in the Fourth Schedule.
(5) The judge advocate shall be present whenever
the court is sitting whether in open or closed court, except
when the court is deliberating on the finding on the charge or
on a revision thereof.
(6) The judge advocate has equally with the
president the duty of ensuring that the accused does not
suffer any disadvantage in consequence of his position as
such or of his ignorance or of his incapacity to examine or
cross-examine witnesses, or to make his own evidence clear
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Judge advocate
sitting alone.
and intelligible, or otherwise.
(7) The judge advocate shall be responsible for
seeing that a proper record of the proceedings is made in
accordance with rule 91 and responsible for the safe custody
of the record of the proceedings under rule 93.
80. Where there is a judge advocate and —
(a) an accused before pleading, to a
charge offers a plea in bar of trial; or
(b) during the course of a trial any
question as to the admissibility of
evidence arises: or
(c) during a joint trial an application is
made by any of the accused for a
separate trial; or
(d) an application is made by an accused
that a charge should be tried
separately; or
(e) an application is made by a party
calling a witness for permission to
treat that witness as hostile; or
(f) a submission is made to the court in
respect of any charge that the
prosecution has failed to establish a
prima facie case for him to answer;
the president may direct that the point at issue shall be
determined by the judge advocate in the absence of the
president and the members of the court and of any officer
under instruction. Where the president so directs the
members of the court and any officer under instruction shall
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withdraw from the court.
(2) The judge advocate shall, when the president
and members of the court and any officer under instruction
have withdraw in accordance with paragraph (1), hear the
arguments and evidence relevant to the point at issue and
shall give his ruling upon this point and such reasons therefor
as he may consider necessary. After the judge advocate has
given his ruling, the president and members of the court and
any officer under instruction shall return to the court room
and the judge advocate shall announce his ruling to them and
the court shall follow his ruling.
(3) When a judge advocate sits alone in accordance
with this rule the proceedings before him shall form part of
the proceedings of the court, and subsection (1) of section 64,
sections 65 and 98, subsections (1) and (2) of section 99, and
sections 100, 104, 105, 106, and 107 and rules 33, 50, 51, 52, 53,
54, 55, 56, 77, 78, 84, 85, 86, 90, 91, 92; 93; 96; 97; and 106 shall
apply to proceedings before the judge advocate sitting alone
as they apply to proceedings before the president and
members of the court, and anything which is authorised by
those sections and those rules to be done by the court or by
the president may be done by the judge advocate when sitting
alone.
(4) When a judge advocate is sitting alone in
accordance with this rule and a person subject to military law
under the Act commits an offence against section 64(1) the
judge advocate shall report the occurrence to the president
who shall take such action as he considers appropriate.
(5) The judge advocate shall be responsible for
ensuring that the president and members do not see the
record of the proceedings before the judge advocate when
sitting alone until after the court has announced its finding.

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Withdrawal of
charge-sheets
and charges.
Amendment of
charge-sheets
and charges by
the court.
WITHDRAWAL AND AMENDMENT OF CHARGE-
SHEETS AND CHARGES
81. A court may with the concurrence of the
convening officer (which may be signified by the prosecutor)
allow the prosecutor to withdraw a charge before the accused
is arraigned thereon or a charge-sheet before the accused is
arraigned on any charge therein.
82. (1) At any time during a trial if it appears to the
court that there is in the charge-sheet:—
(a) a mistake in the name or description
of the accused;
(b) a mistake which is attributable to a
clerical error or omission;
the court may amend the charge-sheet so as to correct the
mistake.
(2) If at any time during a trial at which there is a
judge advocate it appears to the court, before they close to
deliberate on their finding, that it is desirable in the interests
of justice to make any addition to, omission from or alteration
in, a charge which cannot be made under paragraph (1) they
may, if such addition, omission, or alteration can be made
without unfairness to the accused, so amend the charge if the
judge advocate concurs.
'
(3) If at any time during a trial at which there is no
judge advocate it appears to the court before they close to
deliberate on their finding, that in the interests of justice it is
desirable to make any addition to, omission from or alteration
in a charge which cannot be made under paragraph (1) they
may adjourn and report their opinion to the convening
officer, who may—
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Amendment of
charges by
convening
officer.
Sittings of the
court.
Adjournment.
(a) amend the charge if permissible
under rule 83 and direct the court to
try it as amended after due notice of
the amendment has been given to the
accused: or
(b) direct the court to proceed with the
trial of the charge without amending
it; or
(c) convene a fresh court to try the
accused.
83. When a court report to the convening officer under
either rule 36(2) or rule 82(3), he may amend the charge in
respect of which they have reported to him by making any
addition to omission from or alteration in the charge which, in
his opinion, is desirable in the interests of justice and which
he is satisfied can be made without unfairness to the accused.
SITTINGS AND ADJOURNMENT OF THE COURT
84. Subject to the provisions of the Act and of these
Rules relating to adjournment, a trial shall be continued from
day to day and the court shall sit for such time each day as
may be reasonable in the circumstances:
Provided that the court shall not sit on any day which is a
public holiday within the meaning of the Public Holidays Act,
unless in the opinion of the court or of the convening officer
the exigencies of the service make it necessary to do so.
85. (1) During a trial the court may adjourn from time
to time and from place to place as the interests of justice
require.
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View by court.
Absence of
president,
members or
judge advocate.
(2) A court may adjourn at any time to consult the
convening officer on a point of law.
(3) If during a trial any reason emerges which
makes it advisable that the court should not continue to hear
the case, the court shall adjourn and report thereon to the
Convening officer.
(4) If at any time during a trial the accused
becomes ill and it appears to the court that the illness is such
that it will be impracticable to continue the trial, the court
shall ascertain the facts of the illness and shall then adjourn
and report to the convening officer.
86. If at any time during a trial before the Court close
to deliberate on their finding it appears to the court that they
should, in the interests of justice, view any place or thing,
they may adjourn for this purpose. When the court view any
place or thing the president, members of the court, judge
advocate (if any), prosecutor, accused and defending officer
or counsel (if any) shall be present.
87. (1) If after the commencement of a trial the
president dies or is otherwise unable to attend, the court shall
adjourn and the senior member shall report to the convening
officer.
(2) If after the commencement of a trial any
member of the court dies or is otherwise unable to attend, the
court, if not thereby reduced below the legal minimum, shall
continue with the trial, but if reduced below the legal
minimum the court shall adjourn and the president shall
report to the convening officer.
(3) If a judge advocate who has been appointed to
act at a trial dies or is otherwise unable to attend, the court
shall adjourn and report to the convening officer.
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Insanity.
(4) If the president or a member of the court is
absent during any part of a trial, he shall take no further part
in it and the like steps shall be taken as if the president or
member, as the case may be, had died.
(5) An officer cannot be added to the court after the
accused has been arraigned.
INSANITY
88. (1) If at any time during a trial it appears to the
court that the accused may be unfit to stand his trial by reason
of insanity, they shall take evidence as to his mental
condition. If the court after considering the evidence are of
the opinion that the accused is fit to stand his trial they shall
proceed with the trial; but if they are of the opinion that the
accused is unfit to stand his trial by reason of insanity they
shall so find and their finding shall be announced in open
court forthwith and as being subject to confirmation.
(2) If a court, in the course of their deliberation on
their finding on a charge find pursuant to section 117(2) that
the accused was guilty of the offence but was insane at the
time of the act or omission which constituted it, their finding
shall be announced in open court forthwith and as being
subject to confirmation.
(3) Immediately after a finding has been
announced under either paragraph (1) or paragraph (2) the
president shall announce in open court that the proceedings
are terminated and thereupon the president and the judge
advocate (if any) shall date and sign the record of the
proceedings. The president or judge advocate shall then
forward it as directed in the convening order.

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Interviewing of
witnesses.
Procuring
attendance of
witnesses.
INTERVIEWING AND ATTENDANCE OF WITNESSES
89. (1) The prosecution shall not without the consent
of the convening officer, or after the trial has begun, without
the consent of the president, interview any witness who was
called for the defence at the taking of the summary of
evidence whose statement of evidence was included in the
summary of evidence or attached to the abstract of evidence
or whose attendance at the trial the accused has requested in
accordance with rule 24(1) (e), or who has made a statutory
declaration, a copy of which the accused has served on the
prosecution in accordance with section 104.
(2) Except as provided in rule 49, neither the
accused nor any person on his behalf shall without the
consent of the convening officer, or, after the trial has begun,
without the consent of the president, interview any witness
who was called for the prosecution at the taking of the
summary of evidence or whose evidence is included in the
abstract of evidence, or in respect of whom the prosecution
have given the accused notice under rule 48 that they intend
to call him as a witness at the trial or who has made a
statutory declaration a copy of which the prosecution have
served on the accused in accordance with section 104.
90. (1) A witness who is subject to military law under
the Act may be ordered by the proper military authority to
attend at the taking of a summary of evidence or a trial by
court-martial.
(2) A witness who is not subject to military law
under the Act may be summoned to attend—
(a) the taking of a summary of evidence
by an order under the hand of the
commanding officer of the accused; or

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First Schedule.
Fourth
Schedule.

Record of
proceedings.

Fourth
Schedule.
(b) a trial by court-martial by an order
under the hand of an officer
authorised to convene a court-martial
or of a staff officer on his behalf, or,
after the assembly of the court, of the
president.
(3) The summons referred to in paragraph (2) shall,
when it relates to the taking of a summary of evidence be in
the appropriate form set out in the First Schedule, and, when
it relates to a trial by court-martial be in the appropriate form
set out in the Fourth Schedule, and shall be served on the
witness either personally or by leaving it with some person at
the witness’ normal place of abode, and at the time of such
service there shall be paid or tendered any sum of money
necessary to enable such witness to attend the taking of the
summary of evidence or the trial, as the case may be, and to
return.
(4) The provisions of section 106 shall apply in
relation to proceedings at the taking of a summary of
evidence as they apply in relation to proceedings at a court-
martial, and when so applied they shall be construed as
though the words “officer taking the summary of evidence”
were substituted for the words “president of the court-
martial”.
91. (1) The proceedings of general and district courts-
martial shall be recorded in accordance with the following
provisions —
(a) the proceedings of a court-martial
shall be recorded in writing in
accordance with the appropriate form
set out in the Fourth Schedule and in
sufficient detail to enable the
confirming officer to follow the course
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of the proceedings and to judge of the
merits of the case;
(b) when there is no shorthand writer
present the evidence should be taken
down in narrative form as nearly as
possible in the words used:
Provided that if the court, judge advocate, prosecutor or
accused consider it necessary, any particular question and
answer shall be taken down verbatim;
(c) when an objection, submission or
application is made during a trial at
which there is no shorthand writer, a
record shall be made of the
proceedings relating to such objection,
submission or application if and in
such detail as the court or judge
advocate thinks fit:
Provided that if the prosecutor or accused so requests a
note shall be made of the objection, submission or application,
the grounds therefor, the advice of the judge advocate (if any)
thereon and the decision of the court;
(d) when an address by the prosecutor or
the accused or summing up of the
judge advocate is not in writing and
there is no short hand writer present,
it shall only be necessary to record so
much of such address or summing up
as the court or judge advocate thinks
proper:
Provided that if the prosecutor or accused so requests a
note shall be made of any particular point in such address or
summing up;
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Exhibits.
(e) there shall not be recorded in the
record of the proceedings any matter
not forming part of the trial; but if any
comment or report seems to the court
to be necessary, the president may
forward it to the proper military
authority in a separate document.
(2) The proceedings of a field court-martial shall so
far as is practicable be recorded in accordance with the
provisions of paragraph (1) and the record must in any event
contain the names of the president and members constituting
the court and the judge advocate (if any), the name and
description of the accused, the charge-sheet, all pleas, a brief
summary of the evidence and the finding and sentence.
92. (1) Subject to paragraph (2), any document or
thing admitted in evidence shall be made an exhibit.
(2) When an original document or book is
produced to the court by a witness, the court may at the
request of the witness compare a copy of it or an extract of the
relevant parts therefrom with the original, and after they have
satisfied themselves that such copy or extract is correct and
the president or the judge advocate has certified thereon that
the court has compared it with the original and found it
correct, the court may return the document or book to the
witness and attach the copy or extract to the record of the
proceedings as an exhibit.
(3) Every exhibit shall —
(a) be marked with a number or letter
and be signed by the president or
have a label bearing a number or
letter and the signature of the
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Custody and
inspection of
record of
proceedings
during trial.
Confirmation
and
promulgation.

Fourth
Schedule.
president affixed to it;
(b) be attached to or kept with the record
of the proceedings, unless in the
opinion of the court having regard to
the nature of the exhibit or for other
good reason it is not expedient to
attach it to or keep it with the record.
(4) When an exhibit is not attached to or kept with
the record of the proceedings under paragraph 3(b), the
president shall ensure that proper steps are taken for its safe
custody.
93. (1) During a trial at which there is no judge
advocate, the record of the proceedings and the exhibits shall
be deemed to be in the custody of the president. During a trial
at which there is a judge advocate the record and the exhibits
shall be deemed to be in the custody of the judge advocate,
save when he is not present in closed court when they shall be
deemed to be in the custody of the president.
(2) With the permission of the court, the prosecutor
or the accused may at any reasonable time before the trial is
concluded have a particular part of the record of the
proceedings read to him, and, if proper precautions are taken
for its safety, inspect any exhibit.
CONFIRMATION, REVISION AND PROMULGATION
94. (1) When a confirming authority receives the
record of the proceedings of a court-martial and the finding of
the court requires confirmation, he shall record his decision
thereon and on any sentence and any order which the court
may have made under section 131 on the record of the
proceedings in the appropriate form set out in the Fourth
Schedule, and such record of his decision shall form part of
the record of the proceedings.
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(2) When the court have accepted a plea of guilty
made under paragraph (2) of rule 40, the confirming authority
may confirm their finding notwithstanding that the court
have accepted the plea without the concurrence of the
convening officer if, in the opinion of the confirming
authority it is in the interests of justice to do so.
(3) When the court have rejected a plea to the
jurisdiction of the court or a plea in bar of trial or have
overruled an objection to a charge, it shall not be necessary for
the confirming authority to approve specifically the decision
of the court, but his approval shall be implied from his
confirming the finding on the charge to which the plea or
objection relates. If he disapproves the decision of the court to
reject the plea or to overrule the objection, he shall withhold
confirmation of the finding on the charge to which the plea or
objection relates.
(4) A confirming authority may state his reasons
for withholding confirmation in any case, but if he withholds
confirmation where a court have rejected a plea to the
jurisdiction or a plea in bar of trial or have overruled on
objection to the charge, because he disapproves this decision
of the court, he shall when recording his decision under
paragraph (1) state that he has withheld confirmation for this
reason.
(5) If the sentence of a court-martial is informally
expressed, the confirming authority may in confirming the
sentence vary the form thereof so that it shall be properly
expressed.
(6) Whenever it appears that there is sufficient
evidence or a plea of guilty under either paragraph (1) or
paragraph (2) of rule 40 to justify the finding of the court,
such finding and any lawful sentence consequent thereon
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Fourth
Schedule.
Revision.

Fourth
Schedule.
Loss of original
record of
proceedings
before
confirmation.
may be confirmed, and if confirmed shall be valid,
notwithstanding any deviation from these Rules, if the
accused has not been prejudiced by such deviation.
(7) When a confirming authority has confirmed a
finding and sentence of a court or has withheld confirmation
thereof, he shall send the record of the proceedings to the
commanding officer of the accused for promulgation to the
accused of the finding and sentence, or of the fact that
confirmation has been withheld, as the case may be. The fact
of promulgation shall be recorded on the record of the
proceedings in the form set out in the Fourth Schedule. If
confirmation has been withheld because the confirming
authority disapproves the court’s decision to reject a plea to
the jurisdiction or a plea in bar of trial or to overrule an
objection to the charge, the accused shall be so informed.
95. (1) The proceedings and decision of a court on
revision shall be recorded on the record of the proceedings in
the appropriate form set out in the Fourth Schedule, and the
president shall date and sign such record and decision and
return it to the confirming authority, after it has been signed
by the judge advocate (if any).
(2) When an accused is acquitted on revision the
revised finding shall be communicated to the accused in such
manner as may be specified by the confirming authority.
LOSS OF PROCEEDINGS
96. (1) If before confirmation the whole or any part of
the original record of the proceedings of a court-martial is lost
and a copy exists, such copy may, if the president or the judge
advocate certifies it to be correct, be accepted and used in lieu
of the original.
(2) If before confirmation the whole or any part of
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Fourth
Schedule.
Loss of original
record of
proceedings
after
confirmation.
the original record of the proceedings of a court-martial is lost
and no copy thereof exists but evidence of the proceedings of
the court can be procured to enable the record or part thereof
which has been lost to be reconstituted sufficiently to permit
the confirming authority to follow the course of the
proceedings and to judge of the merits of the case, the record
as so reconstituted may, with the consent of the accused, be
accepted and used in lieu of the original.
Provided that where part only of the original record of
the proceedings of a court-martial has been lost, and the part
which remains is sufficient to enable the confirming authority
to follow the course of the proceedings and judge of the
merits of the case, such remaining part may, with the consent
of the accused, be accepted and used as if it were the
complete record, and in such case it shall not be necessary to
reconstitute the part of the record which has been lost.
(3) If before confirmation the whole or any part of
the original record of the proceedings of a court-martial is lost
and such loss cannot be made good under either paragraph
(1) or paragraph (2), the confirming authority shall withhold
confirmation and shall record his decision in the appropriate
form set out in the Fourth Schedule.
97. If after confirmation the whole or any part of the
original record of the proceedings of a court-martial is lost
and a copy thereof is certified by the president or the judge
advocate to be correct, or a sufficient record of the charge
finding, sentence and proceedings before the court and of the
confirmation of the finding and sentence remains or can be
reconstituted to permit of the case being reviewed or the
sentence reconsidered, such copy or reconstituted record or
remaining part of the record may be accepted and used in lieu
of the original.
CUSTODY OF THE RECORD AFTER CONFIRMATION
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Custody and
preservation of
record of
proceedings
after
confirmation.
Cost of copies
of record of
proceedings.
Petitions.
Seventh
Schedule.

Seventh
Schedule.
Seventh
Schedule.
AND COST OF COPIES THEREOF
98. For the purposes of section 134 (1) of the Act the
prescribed period during which the record of the proceedings
of a court-martial shall be kept in the custody of the Force
Records Office shall be six years from the conclusion of the
trial.
99. The rate at which copies of the record of the
proceedings of a court-martial shall be supplied in accordance
with subsections (2) and (3) of section 134 shall be the
estimated cost of the copy required not exceeding twenty-five
cents for every folio of 72 words.
PETITIONS
100. (1) If an accused who has been sentenced by a
court-martial wishes to petition before confirmation against
the finding or sentence or both, he shall present a petition to
the confirming authority in the appropriate form set out in
the Seventh Schedule.
(2) If an accused who has been sentenced by court-
martial wishes to petition after promulgation against the find-
ing he shall present a petition to a reviewing authority at any
time within six months of promulgation in the appropriate
form set out in the Seventh Schedule.
(3) If an accused who has been sentenced by a
court-martial wishes to petition after promulgation against
the sentence, he shall present a petition to a reviewing
authority or an officer authorised to reconsider a sentence of a
court-martial under section 115 of the Act at any time within
six months of promulgation in the appropriate form set out in
the Seventh Schedule.

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Notice
requiring oral
evidence in
place of
statutory
declaration.
Fourth
Schedule.
Exceptions
from Rules on
account of the
exigencies of
the service.
MISCELLANEOUS PROVISIONS
101. A notice under proviso (c) of subsection (2) of
section 104 requiring that oral evidence shall be given in lieu
of a statutory declaration shall be in the appropriate form set
out in the Fourth Schedule.
102. (1) Where in the opinion of the officer who is or
would be responsible for convening a court-martial to try the
accused or, if he is not available, of the senior officer on the
spot, the exigencies of the service render compliance with all
or any of the provisions of the Rules mentioned in paragraph
(4) impracticable, the officer who is or would be responsible
for convening a court-martial to try the accused, or the senior
officer on the spot as the case may be, may make a declaration
to that effect in the appropriate form set out in the Fourth
Schedule.
(2) Any declaration made under paragraph (1) by
the senior officer on the spot shall be forwarded by him as
soon as possible to the officer who is or would be responsible
for convening a court-martial to try the accused.
(3) When a declaration has been made under
paragraph (1) it shall not be necessary to comply with any
provision of these Rules which is mentioned in such
declaration and these Rules shall be construed accordingly.
(4) The provisions of these Rules in respect of
which a declaration may be made under paragraph 1) are:—
(a) provisos (a) and (b) to rule 6(2);
(b) rule 8(b) insofar as it relates to the
accused right to insist that a witness
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Exceptions
from Rules in
the interests of
security.
Fourth
Schedule.
shall be compelled to attend the
taking of a summary of evidence for
cross-examination;
(c) rule 18 insofar as it provides that the
documents specified therein must bs
given so the accused not less than
twenty-four hours before the
appropriate superior authority invest-
igates and deals summarily with the
charge:
(d) rule 24(1) paragraphs (b) and (c), and
paragraph (d) insofar as it provides
that the documents specified therein
shall be given to the accused not less
than twenty-four hours before his
trial.
(5) If an accused is brought to trial by court martial
or is dealt with summarily by an appropriate superior author-
ity, any declaration which has been made in his case under
paragraph (1) shall be attached to the record of the
proceedings of the court-martial or to the record made by the
appropriate superior authority, as the case may be.
103. (1) When in the opinion of the officer who is or
would be responsible for convening a court-martial to try the
accused, or, if he is not available, of the senior officer on the
spot, a charge-sheet, summary or abstract of evidence or other
document which, or a copy of which, is required under these
Rules to be given to an accused contains information the
disclosure of which would or might be directly or indirectly
useful to an enemy, the officer who is or would be responsible
for convening a court-martial to try the accused, or the senior
officer on the spot as the case may be, may make a declaration
to that effect in the appropriate form set out in the Fourth
Schedule specifying the document concerned.
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Order to
inspect
banker's books.

Deviations
from the forms
in the
Schedules.

Cases not
covered by
Rules.
(2) Any declaration made under paragraph (1) by
the senior officer on the spot shall be forwarded by him as
soon as possible to the officer who is or would .be responsible
for convening a court-martial to try the accused.
(3) When a declaration has been made under
paragraph (1) it shall not be necessary to give to the accused
any document mentioned in that declaration, or any copy of
such a document, and it shall be a sufficient compliance with
these Rules if the accused is given a proper opportunity to
inspect such document while preparing and making his
defence.
(4) If an accused is brought to trial by court-martial
or is dealt with summarily by an appropriate superior
authority, any declaration which has been made in his care
under paragraph (1) shall be attached to the record of the
proceedings of the court-martial or to the record made by the
appropriate superior authority as the case may be.
104. The provisions of sections 10-13 (inclusive) of the
Evidence Act shall mutatis mutandis apply to proceedings by
a court martial save that the references in those provisions to
an order of a court or judge shall be construed and have effect
as reference to an order of the convening officer.
105. A deviation or omission from a form of words set
out in a schedule to these Rules shall not, by reason only of
such deviation or omission render any document, act or
proceeding invalid.
106. In any case not provided for by these Rules such
course shall be adopted as appears best calculated to do
justice.
__________
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FIRST SCHEDULE
FORMS FOR COMMANDING OFFICERS
1) DELAY REPORT.
2) SUMMARY OF EVIDENCE.
3) ABSTRACT OF EVIDENCE.
4) CERTIFICATE TO BE ATTACHED TO ABSTRACT
OF EVIDENCE AFTER IT HAS BEEN HANDED TO
THE ACCUSED.
5) SUMMONS TO WITNESS TO ATTEND THE
TAKING OF A SUMMARY OF EVIDENCE.
___________
(1) DELAY REPORT
Unit Address:
……………………………………………………
……………………………………………………
Tel………………………………………………...
To:………………………………………………….
(Convening officer)
1EIGHT DAY DELAY REPORT
pursuant to Defence Act, section 81 (2)
Number, rank, name of accused
………………………………………………..
……………………………………………….

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Date placed in arrest………………………………………20…….
Alleged Offence(s) Date of Alleged Offence(s)
………………………………….. ……………………………
…………………………………… …………………………….
…………………………………... …………………………….
…………………………………... …………………………….
…………………………………… …………………………….
close 2The accused is in----------arrest.
open
The reasons for his retention in arrest are………………………
……………………………………..
Abstract was taken on……………..20…… 2The-------------of evidence has not yet been
Summary made because……………………
was made on .......................20…. 2Application for trial has not yet been
made because……………………
2Legal Advice was received on…………...20….
has not yet been received.
is being taken ………………………………….… 2Action as follows…………………...……
has been taken
2Date of trial has not yet been fixed
has been fixed as……………20…
Reasons for delay since last report……………………………….
……………………………….
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……………………………….
………………………………
.
Date……………………………….20..…
Officer commanding accused’s unit
(To be signed personally by the C.O.)
1Insert “1st”, “2nd”, “3rd”, “Final” or as the case may be. 2Strike out words not applicable.
___________
(2) SUMMARY OF EVIDENCE
Summary of evidence in the case of…………………
(number, rank, name, unit, or other description).
Taken by [the commanding officer of the accused] [……...
(rank, name, unit) on the direction of the commanding officer
of the accused.]……………………………………………………..
(number, rank, name, unit, or other description),
…………..witness
having been duly sworn1 states:— for the
prosecution.

(Cross-examined by the accused) 2Question 1……………………………….
Answer 1………………………………….
or
(The accused declines to cross-examine this witness)
………………………………………………
(Signature and rank (if any) of witness)
or
……………………………………………………….
(number, rank, name, unit, or other description)
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…………….witness
for the
prosecution.
A written statement of this witness’s evidence purporting
to be signed by him has been read to the accused and is
included in this summary at page…………… Having regard
to…………………………………….. (insert grounds for non-
attendance of witness—see rule 8 (b)) the attendance of this
witness cannot in my opinion be readily procured.
[The accused does not demand the attendance of this
witness for cross-examination.] [The accused demands the
attendance of this witness for cross-examination by the
witness is not compellable and has refused to attend.]
…....……………………………………………
(Signature of officer taking the summary of
evidence)
The accused having been duly cautioned in accordance
with Rule of Procedure 8 (d) elects [to give evidence on oath]
[to make a statement without being sworn] and to call a
witness(es).3
The accused………………………………………..(number,
rank, name, unit or other description) having been duly
sworn1 states—
……………….witness
for the
defence.
(Signature and rank (if any) of accused if he signs)
…………………………………(number, rank, name, unit, or
other description) having been duly sworn1 states—

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……………….witness
for the
defence.
(Signature and rank (if any) of witness)
Certified that Rule of Procedure 8 has been complied with.
This summary of evidence was taken by me at…………………
in the presence and hearing of the accused on the……………..
day(s) of………………………………20….
……………………………………………
(Signature and rank of officer taking
the summary of evidence)
1. When a witness or the accused affirms the words “duly
affirmed” should be substituted for the words “been duly
sworn” and when a witness is a child who is too young to
give evidence on oath or the accused makes a statement
without being sworn the words “without being sworn”
should be substituted for the words “having been duly
sworn.” 2 See however rule 8(g). 3 Omit the words “and to call a witness(es)” if they are not
applicable.
___________
(3) ABSTRACT OF EVIDENCE
Abstract of evidence in the case of……………...(number, rank,
name, unit or other description) consisting of the………(insert
the number of statements) attached statements and……(insert
the number of precis) precis of evidence1 of witnesses for the
prosecution and compiled by me [the commanding officer of
the accused] [………………………….2 on the direction of the
commanding officer of the accused].
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Date……………………………….20……
…………………………………
Signature and rank 1 Strike out any reference to statements or precis which are
not applicable. 2 insert name and rank of the officer making the abstract.
_________
(4) CERTIFICATE TO BE ATTACHED TO ABSTRACT OF
EVIDENCE AFTER IT HAS BEEN HANDED TO THE
ACCUSED
Certified that I…………………………………1 today handed to
the accused2…………………………………………………………
the abstract of evidence relating to him dated the…………day
of…………….20…..and duly cautioned him in accordance
with Rule of Procedure 9(2) and that he [elected to make and
sign the statement dated the…………day of………...…….20…
which is marked……………………………………..and
attached to this certificate][did not make a statement].
Dated……………………………20…
………………………………………..
(Signature of certifying officer)
1 Insert rank, name and unit of officer signing the certificate. 2 Insert the number, rank, name, unit or other description of
the accused.
__________
(5) SUMMONS TO A WITNESS TO ATTEND THE
TAKING OF A SUMMARY OF EVIDENCE
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To ...............................................................1
WHEREAS a charge has been preferred against………
……………………………2
AND WHEREAS I have directed a summary of the evidence
to be taken .............................................................................3on the
..........................day of.....................................20….
YOU ARE PURSUANT TO SECTION 137 OF THE
DEFENCE ACT AND RULE 90 OF THE-DEFENCE RULES
OF PROCEDURE, 1977, MADE I HEREUNDER HEREBY
SUMMONED and required to attend as a witness
the taking of the said summary of evidence at............................3
on the ................day of……......................20...........at......................
o’clock in the..................... noon and to bring with you the
documents hereinafter mentioned, viz :4.......................................
……………………………………………………………………….
……………………………………………………………………….
Whereof you shall fail at your peril.
Given under my hand at ................on the ………………
day of ..........................20......
……..………………………………………..
(Signature, rank and unit)
Commanding officer of the accused.
1 Insert name and address of the person to whom the
summons is to be sent. 2 Insert the number, rank, name, unit or other description of
the accused. 3 Insert the place where the summary of evidence is to be
taken. 4 Specify the documents (if any) which the witness is to
bring. If the witness is not required to bring any
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documents, strike out the words relating to documents.
__________
SECOND SCHEDULE
CHARGE-SHEETS
(1) COMMENCEMENT OF CHARGE-SHEETS
(2) STATEMENTS OF OFFENCES.
(3) ILLUSTRATIONS OF CHARGE-SHEETS.
(1) COMMENCEMENT OF CHARGE-SHEETS
SECTION 209
(1) (a) The accused (number, rank, name and unit) (a)
being subject to military law under
section 209 (1)
Defence Act is charged with—
SECTION 210
The accused……………………….(name and brief description)
being liable to trial by court-martial under section 210 (1) of
the Defence Act is charged with —
SECTION 215

The accused……………………(name) formerly………………...
…………………….(former military description including
the manner in which the accused was formerly subject to
(1) (b) (b)
(1) (c) (c)
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military law set out in accordance with the appropriate form
in this Schedule) and now liable to trial by court-martial
under the provisions of
(1)
section 125 (2) of the Defence Act is charged with —
(2) STATEMENTS OF OFFENCES
Treachery, cowardice and offences arising out of military
service.
SECTION 33
(1) intent contrary to section 33 (1) Defence
Mutiny
Incitement contrary to section 41 (2) of the Defence Act.
to mutiny.
SECTION 42
(a) Failing to suppress or prevent mutiny contrary to section
42, (a) of ,the Defence Act.
(b) Failing to report mutiny contrary to section 42 (7) (b) of
the Defence Act.
SECTION 43
Striking his superior officer contrary
(1) (a) Using violence to section 43 (1) (a) of the
Offering to Defence Act.
(a) (a)
(b) (b)
(c) Aiding the enemy with (c) of the
(d) (d) Act.
(e) (e)
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(1) (b) Using threatening language to his superior
Offering insubordinate contrary to section 43 (1)
(b) of the Defence Act.
SECTION 44
Disobeying a lawful command with wilful defiance of
authority contrary to section 44 (1) of the Defence Act.
Disobeying a lawful command contrary to section 44 (2) of the
Defence Act.
SECTION 45
(a) Obstructing a provost officer contrary to
person exercising authority section 45 (a)
under or n behalf of a of the Defence
provost officer Act.
(b) Refusing to provost officer contrary to
assist a person exercising section 45 (b)
authority under or on of the
behalf of a provost officer Defence Act.
SECTION 46
Disobedience to standing orders contrary to section 46 (1) of
the Defence Act.
DESERTION, ABSENCE WITHOUT LEAVE, ETC.
SECTION 47

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(1) (a) Desertion contrary to section 47 (1) (a) of the Defence
Act.
(1) (b) Persuading a person to desert contrary to section
Procuring (1) (b) of the Defence Act.
SECTION 48
(a) Absence without leave contrary to section 48 (a) of the
Defence Act.
(b) Persuading a person to absent himself contrary to
Procuring section 48 (b) of the Defence Act.
SECTION 49
(a) Assisting a person to desert or absent himself contrary
to section 49 (a) of the Defence Act.
(b) Failing to report without delay a deserter absentee contrary to take steps to cause a person attempting section 49
the apprehension of to desert or absent (b) of the himself Defence
Act.
SECTION 50
Failing to attend for a military duty contrary to section
Leaving a military duty without 50 of the Defence
permission Act.
MALINGERING AND DRUNKENNESS
SECTION 51
Defence Act
(c) (c)
(1) (a) (a)
(b) Malingering contrary to section 51(1) (b) of the
(d) (d)
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SECTION 52
(1) Drunkenness contrary to section 52(1) of the Defence Act.
OFFENCES RELATING TO PROPERTY
SECTION 53
Fraudulently service contrary to
misapplying section 53
Being concerned Stealing of (a) of the
in Conniving at the fraudulent Defence
misapplic- Act.
ation of
(b) Receiving public property contrary to section 53(b)
service of the Defence Act.
SECTION 54
(a) Stealing property
Fraudulent misapplying contrary to
Being concerned in the stealing of section 54
fraudulent (a) of the
Conniving at misapplic- Defence
tion of Act.
(b) Receiving property contrary to section 54(b) of the Defence
Act.
(c) Wilfully damaging property contrary
Being concerned in the willful to section 54(c) of
damage of the Defence Act.
(a) Stealing public property
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SECTION 55
(a) Losing public property contrary to section 55 (a) of
service the Defence Act.
(b) Negligently damaging public property contrary
service to section 55 (b) of
the Defence Act.
(c) Negligently damaging public property contrary
by fire service to section 55 (c) of
the Defence Act.
(d) Neglect of public property contrary to section 55 (d)
service of the Defence Act.
(e) Making away with a decoration granted contrary to
to him his equipment section 55(e)
of the Defence
Act.
(f) By willful neglect dam- public property contrary
aging service to section 55 (b) of
the Defence Act.
FLYING OFFENCES
SECTION 56
flying loss of life Doing an act in the use of aircraft causing bodily injury to a person
Neglect aircraft contrary to
relation to section 56
aircraft likely to cause loss of of the
Defence Act
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SECTION 57
Signing a certificate relating to aircraft without ensuring
aircraft its accuracy
material contrary to section
57 of the Defence
Act.
SECTION 58
Unlawful low flying contrary to section 58 of the Defence Act.
SECTION 59
Flying an aircraft in a manner causing or likely to cause
unnecessary annoyance contrary to section 59 of the Defence
Act.
OFFENCES RELATING TO AND BY PERSONS IN
CUSTODY
SECTION 60
(1) (a) Delaying an investigation contrary to section 60 (1)
a trial (a) of the Defence Act.
(1) (b) Failing to release a person in arrest contrary to section
60 (1) (b) of the Defence Act.
(2) Failing to report the offence for which a person has been
place in custody contrary to section 60 (2) of the Defence Act.
(3) (a) Failing to give in writing information relating to a
person committed to his charge as a guard commander
contrary to section 60 (3) (a) of the Defence Act.
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(3) (b) Failing to hand in a report relating to a person in
custody received by him as guard commander contrary to
section 60 (3) (b) of the Defence Act.
SECTION 61
(1) Wilfully allowing a person to escape contrary to section 61
(1) of the Defence Act.
(2) (a) Releasing a person without authority contrary to
section 61(2) (a) of the Defence Act.
(2) (b) Allowing a person to escape contrary to section 61 (2)
(b) of the Defence Act.
SECTION 62
(1) Refusing to obey
Striking an officer who orders him into arrest
Using violence to contrary to section 62(1)
Offering of the Defence Act.
whose duty it
(2) Striking is to apprehend contrary to section
Using violence to to a person him in whose 62(2) of the
Offering custody he is Defence Act.
SECTION 63
Escaping from custody to section 63 of the Defence Act.
OFFENCES IN RELATION TO COURTS-MARTIAL AND
CIVIL AUTHORITIES
SECTION 64
(a) (a)
(b) (b)
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(c) (c)
(1) (d) Contempt of a court-martial (d) of the Defence
(e) contrary to section 64(1) (e) Act.
(f) (f)
SECTION 65
(1) Making a false statement contrary to section 65 (1) of the
Defence Act.
SECTION 66
(a) Obstructing a constable contrary (a) of the Defence
an arrest by
MISCELLANEOUS OFFENCES
SECTION 67
(1) Disclosing information contrary to section 67 (1) of the
Defence Act.
SECTION 68
Making a false answer on enlistment contrary to section68 of
the Defence Act.
SECTION 69
Making
(a) Signing a false service document contrary to section 69(b of the
Defence Act.
Making a false
entry in a

Altering
Preventing to section 66 (b) Act.
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Altering an entry in a service document contrary to section 69(b)
(b) Making away with of the Defence Act.
Suppressing
Defacing
(c) Failing to make an entry in a service document with intent
to defraud contrary to section 69(c) of the Defence act.
Making
Signing a false entry
making a false entry in a
(d) Being altering a
party to altering an entry in a service document
making away with a contrary to
suppressing a section 69(d) of
defacing a Defence Act.
failing to make an entry in a service document
with intent to defraud
SECTION 70
Scandalous conduct unbecoming the character of an officer
and a gentleman contrary to section 70 of the Defence Act.
SECTION 71
(a) Striking a person of inferior (a) of the Defence
(b) Ill-treating rank or less seni- (b) Act.
ority contrary to
section 71
SECTION 72
a cruel
Disgraceful conduct of an indecent
an unnatural kind contrary to section 72
of the Defence Act

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1st charge.
SECTION 73
(a) Making a false accusation contrary to section 73 (a) of the
Defence Act.
(b) Making a false statement in a complaint contrary to
Wilfully suppressing a section 73 (b) of the Defence
material fact Act.
SECTION 74
Attempting to commit a military offence contrary to section
74 of the Defence Act, that is to say……………………................
………………………………………………..(set out the offence).
SECTION 75
Conduct to the prejudice of good order and military disci-
Neglect pline contrary to section 75 of the Defence Act.
CIVIL OFFENCES
SECTION 76
Committing a civil contrary to section 76 of the Defence Act,
that is to say (here describe the civil offence in such words
as sufficiently describe the offence).
(3) SPECIMENS OF CHARGE-SHEETS
CHARGE-SHEET
The accused No. 5432] Private John Smith, 1st Battalion,
The Guyana Defence Faroe being subject to military law
under section 209 (1) (a) of the Defence Act, is charged with—
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2nd charge
(Alternative to
the 1st charge)
STEALING PUBLIC PROPERTY CONTRARY TO
SECTION 53 (a) OF THE DEFENCE ACT
in that he
at Kingston on 22nd May 1977 did receive a pair of
binoculars, public property.
RECEIVING PUBLIC PROPERTY CONTRARY TO
SECTION 53 (b) OF THE DEFENCE ACT
in that he
at Kingston on 22nd May, 1977 did receive a pair binoculars,
public property, knowing them to have been stolen or
fraudulently misapplied.
Lieutenant-Colonel
Commanding 1st Battalion. The Guyana Defence Force,
Commanding officer of the accused.
Tacama Camp
May, 1977.
To be tried by ordinary1 court-martial.
Brigadier2
Chief of Staff, Guyana Defence Force
Tacama Camp
May, 1977. 1 The type of court will be an ordinary or a field court-
martial according to the circumstances. 2 The order for trial may be signed by a staff officer
“authorised to sign for” the convening officer as in the
second illustration charge- sheet.
CHARGE-SHEET
The accused No. 12345, Corporal Peter Brown, and No.
10000, Private Thomas Jones, both of the 3rd Battalion, The
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1st charge.
2nd charge.

3rd charge.
Guyana Defence Force (The Reserve), being subject to military
law under section 209 (1) (of the Defence Act, are charged
with—
COMMITING A CIVIL OFFENCE CONTRARY TO
SECTION 76 OF THE DEFENCE ACT, THAT IS TO SAY,
COMMON ASSAULT
in that they
at Linden on 22nd May, 1977 assaulted Jack Sprat.
Corporal Brown only
STRIKING HIS SUPERIOR OFFICER CONTRARY TO
SECTION 43 (1) (a) OF THE DEFENCE ACT
in that he
when on active service at Linden on 22nd May, 1977, struck
No. 98765 Sergeant V. Blue. 3rd Battalion. The Guyana
Defence Force (The Reserve)
Private Jones only
USING INSUBORDINATE LANGUAGE TO HIS
SUPERIOR OFFICER CONTRARY TO SECTION 43 (1) (b)
OF THE DEFENCE ACT
in that he
when on active service at Linden on 22nd May, 1977 said to
No. 98765 Sergeant V. Blue, 3rd Battalion, The Guyana
Defence Force (The Reserve) when asked by him for his (the
accused’s) particulars “Don't be nosey” or words to that
effect.
Lieutenant-Colonel,
Commanding 3rd Battalion, The Guyana Defence Force
(The Reserve)
Commanding officer of the accused.
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Linden
May, 1977.
To be tried by ordinary1 court-martial
Captain.
Staff Captain A, authorised to sign for Chief of Staff,
Guyana Defence Force.
Georgetown.
May, 1977.
1 The type of court will be an ordinary or a field court-
martial according to the circumstances.
__________
THIRD SCHEDULE
RECORD OR PROCEEDINGS BEFORE AN
APPROPRIATE SUPERIOR AUTHORITY
ACCUSED’S NUMBER, RANK AND NAME………………….
UNIT………………………………………………………
1. Questions to be put to the accused by the officer
dealing with the case before the charge is read.
Q. Have you received a copy of the charge-sheet and
[summary] [abstract] of evidence not less than 24 hours ago
A
Q. Have you had sufficient time to prepare your defence
A
2. The officer dealing with the case shall then read the
charges) to the accused and ask him the following question:—
Q. Have you agreed in writing that the witnesses against, you
need not give their evidence in person?
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A
3. If the accused has agreed in writing that the
witnesses against him need not give their evidence in person
the officer dealing with the case shall read the summary or
abstract of evidence to the accused if the accused so requires
but, if the accused has not so agreed, the witnesses against
him shall give their evidence in person and it shall be
recorded on a separate sheet and be attached to this record.
4. After the summary or abstract of evidence has been
read or the witnesses against the accused have given their
evidence, as the case may be, the officer dealing with the case
shall say to the accused:—
Q. Do you wish to give evidence on oath or to make or hand
in a statement without being sworn? Your evidence or
statement may deal with the facts of the case, with your
character and with matters in mitigation of punishment.
A
Q. Do you wish to adduce any other evidence in your
defence?
A
5. If the accused elects to give evidence or to make a
statement or to call witnesses the evidence for the defence
including any statement made by the accused himself shall be
recorded on a separate sheet and attached to this record. The
officer dealing with the case shall then:
(i) consider ill the evidence and
determine whether the accused
is guilty of the offence or not;
and
(ii) if he determines that the
accused is guilty examine and
consider the accused’s record of
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service. If he intends to award
the punishment of stoppages or
the finding will involve a
forfeiture of pay or; in the case
of a civilian, if he intends to
award any punishment, he
shall not announce and record
his finding unless the accused
says in answer to the following
question that he will accept his
award.
Q. Will you accept my award or do you elect to be tried by
court-martial?
A
6.
FINDING……………………………………………………………
AWARD……………………………………………………………
Date….........................................20…

(Signature, rank and appointment
of appropriate superior authority)
__________
FOURTH SCHEDULE
Court-Martial Forms
(1) CONVENING ORDERS.
(2) DECLARATIONS UNDER RULES 102 AND 103.
(3) SUMMONS TO A WITNESS TO ATTEND A COURT-
MARTIAL.
(4) NOTICES REQUIRING ORAL EVIDENCE TO BE
GIVEN IN LIEU OF A STATUTORY DECLARATION.
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(5) RECORD OF PROCEEDINGS OF A COURT-
MARTIAL.
(6) FINDINGS.
(7) RECORD OF RECONSIDERATION OF FINDING
UNDER RULE 79 (4).
(8) SERVICE RECORD OF ACCUSED.
(9) RECORD OF PROCEEDINGS ON REVISION UNDER
SECTION 110.
(10) CONFIRMATION.
(11) DIRECTION UNDER SECTION 123 (3).
(12) RESTITUTION ORDER.
(13) PROMULGATION.
(1) CONVENING ORDERS
CONVENING ORDERS FOR AN ORDINARY COI RT
MARTIAL1
ORDERS BY………………………………………………………...

* [Chief of Staff Guyana
Defence Force * [Commanding…………………..]

(Place and date)…………………………………………

The detail of officers as mentioned below will assemble
at………at…….. hours on the……….day of……Name, etc.. of*
accused
20…………for the purpose of trying by an ordinary court-
martial …………………………the accused persons) named in
the margin………………………
PRESIDENT
………………………………………………………………………..
………………………………………………………………………
MEMBERS2
………………………………………………………………………
………………………………………………………………………
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………………………………………………………………………
………………………………………………………………………
WAITING MEMBERS3
……………………………………………………………………….
……………………………………………………………………….
JUDGE ADVOCATE*
The judge advocate has been appointed by the Defence Board
or
…………………………...4 is hereby appointed judge advocate.
*In the opinion of the convening officer the
necessary number of military officers having suitable
qualifications is not available to I form the court and
cannot be made available with due regard to the public
service.
*A field officer having suitable qualifications is not
in the opinion of the convening officer available with
due regard to the public service.
The record of the proceedings will be forwarded to…….
…………………………………………………………………....
Signed this…………….day of……………………….20….
……………………………………………….
(Signature, rank and appointment of the
convening officer)
or
…………………………………………………..
(Signature, rank and appointment of the
Appropriate staff officer)
Authorised to sign for……………………….
(appointment held by the convening officer)

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*Strike out if not applicable
1. Insert rank and name of convening officer.
2. Insert number, rank, name, unit or other
description of the accused
3. A member or a waiting member may be described
either by giving his rank, name and unit or thus:
A……………………(rank) to be detailed by the
officer commanding……………………(unit), see
Rule of Procedure 22 (a).
4. Insert the judge advocate’s name and any legal
qualifications which he has.
CONVENING ORDER FOR A FIELD COURT-MARTIAL
ORDERS BY…………………………………………………
Commanding……………………………………………
(Place and date)…………………………………………………….
In the opinion of the convening officer it is not possible
without serious detriment to the public service that the
accused should be tried by an ordinary court-martial.
2 The detail of officers as mentioned below will assemble at
Name etc.,
of accused
at hours on the day of 20 ...... for
the purpose of trying by a field general court-
martial the accused person(s) named in the
margin.
PRESIDENT
………………………………………………………………………..
………………………………………………………………………
MEMBERS2
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………
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………………………………………………………………………
WAITING MEMBERS3
……………………………………………………………………….
……………………………………………………………………….
JUDGE ADVOCATE*
The judge advocate has been appointed by the Defence Board
or
…………………………...4 is hereby appointed judge advocate.

*In the opinion of the convening officer the necessary
number of military officers having suitable qualifications is
not available to form the court and cannot be made available
with due regard to the public service.
*Three officers having suitable qualifications are not in
the opinion of the convening officer available without serious
detriment to the public service.
*It is not in the opinion of the convening officer
practicable to appoint an officer other than himself as
president.
The record of the proceedings will be forwarded
to……...……
Signed this……………day of…………………20….
……………………………………………….
…………………………………………………..
(Signature, rank and appointment of the
convening officer)
or
…………………………………………………..
(Signature, rank and appointment of the
appropriate staff officer)

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………………………………………………
Authorised to sign for…………………
(appointment held by convening officer)
* Strike out if not applicable.
1. Insert rank and name of convening officer.
2. Insert number, rank, name, unit or other description of
the accused.
3. A member or a waiting member may be described either
by giving his rank, name, and unit or thus:
“…………(rank) to be detailed by the officer
commanding………………………………..(unit)”, see
Rule of Procedure 22 (a).
4. Insert the judge advocate’s name and any legal
qualifications which he has.
(2) DECLARATIONS UNDER RULES 102 AND 103
Declaration under Rule of Procedure 102
In the case of………………………………..1
I……………………………………………2 [the officer who
[is] [would be] responsible for convening a court-martial to
try the accused] [the senior officer on the spot] hereby declare
that in my opinion the following exigencies of the service,
namely……………………………………………………………....
render compliance with the following provisions of the Rules
of Procedure…………………………………………………….......
……………………………………………………….impracticable
Signed at……………….this………day of………………..20……
…………………………………….
(Signature)
1 Insert number, rank, name, unit or other description of
accused.
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2 Insert rank, name and appointment of officer making the
declaration.
Declaration under Rule of Procedure 103
In the case of………………………………………………….1
I……………………………………………2 [the officer who
[is] [would be] responsible for convening a court-martial to
try the accused] [the senior officer on the spot] hereby declare
that in my opinion the3…………………………………………….
…………………….contain(s) information the disclosure of
which would or might be directly or indirectly useful to an
enemy.
Signed at……………….this………day of………………..20…
…………………………………….
(Signature)
1 Insert number, rank, name, unit or other description of
accused. 2 Insert rank, name and appointment of officer making the
declaration. 3 Here indicate the document(s).
(3) SUMMONS TO A WITNESS TO ATTEND A COURT
MARTIAL
To………………………………………….1
To………………………………………….1
WHEREAS a court-martial [has been ordered to assemble
at………………………….] [has assembled at…………………..]
on the………….day of…………….20…….for the trial of……...2
YOU ARE PURSUANT TO SECTION 137 OF THE
DEFENCE ACT AND RULE 90 OF THE DEFENCE RULES
OF PROCEDURE, 1977, MADE THEREUNDER HEREBY
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SUMMONED and required to attend as a witness at the
sitting of the said court at………………….…….on the………...
day of…………………….20…at………………..o’ clock in
the……………….noon and to bring with you the documents
hereinafter mentioned, viz.3……………………………………….
……………………………………………………………………….
and so to attend from day to day until you shall be duly
discharged; whereof you shall fail at your peril.
Given under my hand at……………on the ……………
day of………………20…
…………………………………………….
(Signature, rank and appointment)
An officer authorised to convene a court-martial*
President of the court *
……………….4 Authorised to sign for…………………5
An officer authorised to convene a court-martial.*
*Strike out if not applicable.
1 Insert name and address of the person to whom the
summons is to be sent. 2 Insert number, rank, name, unit or other description of the
accused. 3 Specify the documents (if any) which the witness is to
bring. If the witness is not required to bring any
documents strike out the words relating to documents. 4 Insert appointment of staff officer who signs. 5 Insert the appointment of the officer for whom the staff
officer is signing.
(4) NOTICES REQUIRING ORAL EVIDENCE TO BE
GIVEN IN LIEU OF A STATUTORY DECLARATION

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Notice by a Commanding Officer
To…………………………………………..1
I…………………………..2 commanding…………………...3
hereby given notice that 1 require that…………………..4 shall
give oral evidence in lieu of [his] [her] statutory declaration
dated………………………at your forthcoming trial by court-
martial.
Date………………………20….
………………………………………….
(Signature and rank)
Commanding officer of the accused.
Notice by an Accused
To………………………….2 commanding………………………3
I……………………..1 hereby give notice that I require that
……………………………….4 shall give oral evidence in lieu of
[his] [her] statutory declaration dated………………at my
forthcoming trial by court-martial.
Date……………………..20…. ………………………………
(Signature)
1. Insert number, rank, name, unit or other description of
the accused.
2. Insert rank and name of commanding officer.
3. Insert unit.
4. Insert name of witness.
(5) RECORD OF PROCEEDINGS OF A COURT-MARTIAL
A
PAGE 1

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RECORD OF PROCEEDINGS OF A COURT-MARTIAL
Proceedings of a…………………………..1 court-martial
held at ……………………on the…………….day of ………….
20…. by order of……………………….. 4[Chief of Staff Guyana Defence Force]
*Commanding…………..dated the............. day of
………………… 20…..

PRESIDENT
MEMBERS
Judge Advocate
Trial of…………………………………………………………….2
The court comply with Rule of Procedure 25.
…………………………………………………not being available
owing to…….……………………………………………….............
the president appoints………………………a qualified waiting
member to take his place.
The accused is brought before the court.
Prosecutor…………………………………
Defending [officer] [counsel]………………………………...
At……………………………..hours the trial begins.
The convening order is read in the hearing of the
accused, marked……….signed by the president and attached
to the record.
The names of the president and members of the court are
read in the hearing of the accused and they severally answer
to their names.
Q. Do you object to being tried by me as president, or by
any of the officers whose names you have heard read?
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A…………………………………………………….....
The proceedings relating to the objection(s) are recorded on...3
1 Insert “ordinary” or “field” as the case may be. 2 Insert the number, rank, name, unit or other description of
the Reused as given in the charge-sheet. 3 Strike out if not applicable.
B
PAGE 2
SWEARING
The president, members of the court and judge advocate
are dully sworn. The [following] officers under instruction
[listed on page……………….] are duly sworn.
Q. Dc you object to………………………as shorthand writer?
A………………………………………………………...…………..1
(Name)……………………is duly sworn as shorthand writer.
Q. Do you object to…………………….......as shorthand writer?
A. ………………………………………………………………...…2
(Name)………………………..is duly sworn as interpreter.
SPECIAL PLEAS AND OBJECTIONS
The accused offers a plea to the jurisdiction under Rule of
Procedure 35. The proceedings relating to his plea are
recorded on page………………………………………………...2
The accused objects to the……………..charge(s) under
Rule of Procedure 36. The proceedings relating to his
objections) are recorded on page………………………………2

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The accused offers (a) plea(s) in bar of trial under Rule of
Procedure 37 in respect of the charge(s). The proceedings
relating to his plea(s) are recorded on page…………………2
The accused………………………………..applies under
Rule of Procedure 38 to be tried separately The proceedings
relating to his application are recorded on
page……………………2
The accused applies under Rule of Procedure 39 to have
charges………………………………………………………….and
………………………………tried separately. The proceedings
relating to his application are recorded on page……………….2
1 If there is an objection the proceedings relating to it should
be recorded on a separate numbered page and the fact that
this has been done should be recorded in this space with
the number of the page. 2 Strike out if not applicable.
__________
C1
Page……
ARRAIGNMENT
The charge-sheet is read to the accused and he is
arraigned on each charge.
The charge-sheet is signed by the president and inserted
in the record immediately before this page as page(s)………...
Q. Are you guilty or not guilty of the first charge against you
which you have heard read?
A……………………………………………………………………

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Q. Are you guilty or not guilty of the second charge against
you which you have heard read?
A…………………………………………………………………….
Q. Are you guilty or not guilty of the third charge against you
which you have heard read?2
A…………………………………………………………………….
Q. Are you guilty or not guilty of the fourth charge against
you which you have heard read?2
A…………………………………………………………………….
Q. Are you guilty or not guilty of the fifth charge against you
which you have heard read?2
A.........................................................................................................
Q. Are you guilty or not guilty of the sixth charge against you
which have heard read?2
A.........................................................................................................
The accused having pleaded guilty to the
............................................................charge(s) Rule of Procedure
41 is duly complied with in respect of [this] [these] charge(s)2
The accused’s pleas to the remaining charges are
recorded overleaf2.
1 Strike out "first" if there is only one charge. 2 Strike out if not applicable.
____________
C2
Page................
Q. Are you guilty or not guilty of the seventh charge against
you which you have heard read?1
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A.........................................................................................................
Q. Are you guilty or not guilty of the eighth charge against
you which you have heard read?1
A.........................................................................................................
Q. Are you guilty or not guilty of the ninth charge against you
which you have heard read?1
A.........................................................................................................
Q. Are you guilty or not guilty of the tenth charge against you
which you have heard read?1
A.........................................................................................................
Q. Are you guilty or not guilty of the eleventh charge against
you which you have heard read?1
A.........................................................................................................
Q. Are you guilty or not guilty of the twelfth charge against
you which you have heard read?1
A.......................................................................................................... 1 Strike out if not applicable.
D1
Page……..
PROCEEDINGS ON PLEA(S) OF NOT GUILTY1
Q. Do you wish to apply for an adjournment on the ground
that any of the rules relating to procedure before trial has not
been complied with, and that you have been prejudiced
thereby, or on the ground that you have not had sufficient
opportunity for preparing your defence?
A2
The prosecutor [makes an opening address shortly
outlining the facts] [makes an opening address which is
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summarised below] [hands in a written address which is
read, signed by the president, marked……………….. and
attached to the record.]
1 Remove this page if there are no pleas of not guilty. 2 If the accused asks for an adjournment, the proceedings
relating to his application should, if necessary, be recorded
or a separate page and a record made here that this has
been done.
D2
Page…………
The witnesses for the prosecution are called
………………………………………………………
being duly sworn1 says:
Continued on page………………. 1 When a witness affirms, the words “having duly affirmed”
should be substituted for the words “being duly sworn”
and where a witness is a child who is too young to give
evidence on oath the words “without being sworn” should
be substituted for the words “being duly sworn”.
D3
Page……..
Proceedings on Pleas) of Not Guilty (continued)1
The prosecution is closed
The accused submits under Rule of Procedure 57 that there is
no case for him to answer in respect of the charge(s).
The proceedings relating to this submission are recorded on
pages
Defence
First witness
for the
prosecution
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Rule of Procedure 58 is complied with.
Q. Do you apply to give evidence yourself on oath or do
you wish to make a statement without being sworn?
A……………………………………………………………….
Q. Do you intend to call any other person as a witness in
your defence?
A…………………………………………………………….....
Q. Is he a witness as to fact or to character only?
A………………………………………………………………..
Q. Do you wish to make an opening address? A………………………………………………………………...
The accused (makes an opening address which is
3 summarised below) (hands in a written address which is
read, signed by the president, marked and attached to the
record).
1 Remove this page if there are no pleas of guilty. 2 . Strike out this paragraph if not applicable. 3 Strike out if the accused does not intend to call witnesses
as to fact, other than himself.
D4
Page …….
(Where the accused makes a statement without being
sworn)
The accused (makes a statement, which is recorded on
page ) (hands in a written statement which is read,
marked signed by the president, and attached to the record).
(Where evidence on oath is given for the defence)
The witnesses for the defence (including the accused if sworn)
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are called.
…….…………………………………..
being duly sworn2 says:—
Continued on page …………
1. Strike out this paragraph if not applicable. 2. When a witness or the accused affirms, the words “having
duly affirmed should be substituted for the words “being
duly sworn” and when a witness is a child who is too
young to give evidence on oath the words “without being
sworn” should be substituted for the words “being duly
sworn”.
D5
Page …..
PROCEEDINGS ON PLEA(S) OF NOT GUILTY
(continued)
The ………………[makes a closing address which is
summarised on page………] [hands in a closing address
which is read, marked signed by the president and attached
to the record.]
The ………………..[makes a closing address which is
summarised on page…….] [hands in a closing address which
is read, marked signed by the president and attached to the
record].
The note of the summing-up of the judge advocate is
recorded on page ………2
FINDINGS(S)
The court close to deliberate on their finding(s).
The court find that the accused3…………………………
…………………………………is:4 ……………………………
First witness
for the
defence
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ANNOUNCEMENT OF FINDING(S)
The court being re-opened the accused is again brought
before it.
The finding(s) [is] [are] read and (with the exception of
the finding(s) of “not guilty”)2 [is] [are] announced as being
subject to confirmation.
PROCEEDINGS ON ACQUITTAL ON ALL CHARGES2
The accused is released.
Signed at …………this….… day of ……………… 20….
…………………………. ……………………
Judge Advocate President
1. Strike out this page if not applicable.
2 Strike out if not applicable.
3 Insert the number, rank, name, unit or other description
of the accused as given on the charge-sheet.
4 Set out the finding on each charge in the appropriate
form set out in the fourth Schedule to the Rules of
Procedure.
E
Page……..
PROCEEDINGS ON PLEA(S) OF GUILTY1
The accused2 …………………………………………………..
……………………………………………….
is found guilty of2
The finding(s) [is] [are read in open court and [is] [are]
announced as being subject to confirmation.
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The [summary] [abstract] of evidence is read to the court
by the prosecutor, marked ……………………signed by the
president and attached to the record.4
or
The prosecutor informs the court of the facts contained in
the [summary] [abstract] or evidence which is
marked…………….signed by the president and attached to
the record.4
1. Strike out this page if not applicable.
2 Insert number, rank and name, unit or other description
of the accused as given on the charge-sheet.
3 Record the finding on each charge of which the accused
is found guilty in the appropriate form set out in the
Fourth Schedule to the Rules of Procedure.
4 Strike wit if not applicable. If this paragraph is struck out.
Rule of Procedure 44(2) must be complied with.
F1
Page……...
PROCEEDINGS ON CONVICTION
NOTE: F2 should be completed before F1 if the accused
has pleaded not guilty to all charges. F1 should normally be
completed before F2 if the accused has pleaded guilty to any
charge but the president may in his discretion complete F2
before F1 if there is no danger of the accused making an
inconsistent plea.
Q. Do you wish to give evidence yourself or to call other
witnesses as to your character or in mitigation of
punishment?
A

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The evidence for the defence as to the accused’s character
and in mitigation of punishment, is recorded on pages
………….1
Q. Do you wish to address the court in mitigation of
punishment?
A
The [makes an address in
mitigation of punishment, which is summarised [below] [on
page……….] [hands in an address in mitigation of
punishment, which read, marked……………………. signed
by the president and attached to the record]1
Final question addressed to the accused personally.
Q. Is there anything further that you wish to say to the
court?
A
The accused makes a statement which is recorded on
page……….
The court close to deliberate on sentence.
*Strike out if F1 is completed before F2
1 Strike out this paragraph if not applicable.
2 Strike out this paragraph if the accused has not requested
other offences to be taken into consideration.
F2
Page.…….
PROCEEDINGS ON CONVICTION
NOTE: F2 should be completed before F1 if the accused
has pleaded not guilty to all charges.
The prosecutor calls evidence as to the accused’s
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character and record……………………………………………..
is duly sworn.
Q. Do you produce the service record of the accused?
Q. Have you compared it with the service books?
A.
Q, Do the entries on it correspond with the entries in the
service books?
A
The ………………….is read, marked……………………. signed
by the president and attached to the record.
The accused [declines] [elects] to cross-examine this witness
[and the cross-examination is recorded on pages ……….]
The prosecutor adduces evidence under Rule of Procedure
70(3) which is recorded on pages………….1
Final question addressed to the accused personally.
Q. Is there anything further that you wish to say to the
court?
A
The accused makes a statement which is recorded on
page…….
The court close to deliberate on sentence.
*Strike out if F2 is completed before F1
1 Strike out this paragraph if the prosecutor does not
adduce evidence tinder the Rule of Procedure 70(3).
G
Page…….
A. I produce
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SENTENCE1
The court summonses the accused……………………………….
………………………………………………………………………..
to3
ANNOUNCEMENT OF SENTENCE
The court being re-opened, the accused is again brought
before it.
The sentence (and recommendation to mercy4) (is) (are)
announced in open court; the sentence is announced as being
subject to confirmation.
The president announces that the trial is concluded.
Signed at……………. this…………day of…………….20…...
…………………………. ……………………
Judge Advocate President
1 Remove this page if not applicable. 2 Insert the number, rank, name, unit or other description
of the accused as given on the charge sheet. 3 Record the sentence in the appropriate form of words set
out in the Fifth Schedule to the Rules of Procedure Any
recommendation to mercy (see Rule of Procedure 73(4),
recommendation under section 123(3) of the Defence Act
restitution order (see section 131 of the Defence Act. 4 Strike out if not applicable
H
Page………
CONFIRMATION1

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1 For minutes of confirmation see the Fourth Schedule to
the Rules of Procedure. Promulgation should be recorded
immediately below the minute of confirmation in
accordance with Rule of Procedure 94(7)
(6) FINDING(S)
ACQUITTAL ON ALL CHARGES
not guilty of (the charge) (all the charges)
guilty of (the charge) (all the charges), and honourably acquit
him thereof.
ACQUITTAL ON SOME BUT NOT ALL CHARGES
not guilty of the………………………1 charge(s) but is guilty of
the ………………………..1 charge(s).
not guilty of the………………………1 charge(s) and
honourably acquit him thereof but is guilty of
the……………….1charge(s).
Conviction on all Charges
guilty of [the charge] [all the charges].
Special findings
guilty of the……………………1 charge [with the exception of
the words……………………………….2 [with the exception
that……………………………2]
not guilty of the offence charged but is guilty
of………………………..3
Where the accused is unfit to stand his trial by reason of
insanity, by reason of insanity unfit to stand his trial.

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Accused guilty but insane at the time when the offence was
committed guilty but insane.
1 Insert the number of the charge or charges as numbered
in the charge-sheet. 2 Specify the exception in detail. This form is appropriate
when a special hearing is made under Rule of Procedure
65(3). 3 State the offence of which the accused is found guilty. This
form is applicable when a special finding is made under
section 103(2). (5) or (6) of the Defence Act.
(7) RECORD OF RECONSIDERATION OF FINDING
UNDER RULE 79(4)
The judge advocate advises the court that the finding(s)
on the……………………………….1 charge(s) (is) (are) contrary
to the law relating to the case, and that in his opinion the
following finding(s) (is) (are) open to them:—
………………………………………………………………………
………………………………………………………………………..
The court is closed for reconsideration of finding.
The court on reconsideration find that the accused is3
………………………………………………………………………..
………………………………………………………………………
………………………………………………………………………..
The finding(s) on reconsideration (are) read in open court
and with the exception of the finding(s) of “not guilty” (is)
(are) announced as being subject to confirmation.
1 Insert number of charge as numbered in the charge-sheet. 2 insert the advice given by the judge advocate. 3 Set out the finding(s) of the court in the appropriate
form(s).
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4 Strike cut the words relating to findings of “not guilty” if
there is no such finding.
(8) SERVICE RECORD OF ACCUSED
Service Record of Accused
Number Rank Name Regiment or Corps
………………………………………………………………………..
1. 1He was enlisted on……………………….. 20….. and
commissioned on……………………….20……
2. He is serving on a2 ……………………………..
3. His age is……………. years.
4. He is single/married/divorced/widowed and
has…………. children under the age of 16 years.
5. His gross rate of pay is………………… per day, but
he is………………………..
6. 3His reckonable service towards discharge or
transfer to the reserve is……………….years.
7. 3His reckonable service towards pension, gratuity,
etc. is…………….years.
8. (I) He is entitled to the following decorations and
awards:
( I I ) The following acts of gallantry or
distinguished conduct are recorded in his conduct
sheet:—
………………………………………………………………………..
………………………………………………………………………
………………………………………………………………………..
………………………………………………………………………..
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9. He holds the substantive rank of………………..
with seniority from …………………20….. and has held the
acting rank of………………………………….continuously
since……………….20…..
10. 1He has been awaiting trial for………………………
was first, in connection with the matters for which he is before the
court, charged or placed in arrest, of which…………………………….
days were spent in civil custody……………….days were spent in
close arrest and……………… days were spent in open arrest.
11. 1 (he is not now under sentence) (he is now under
sentence of…………..beginning on …………………..…20…..)
12. According to his conduct sheets, he has been found guilty
by his commanding officer or by the commandant of a military
establishment of the following offences:—4
In the last During his
12 months service
For times times
For times times
For times times
For times times
For times times
13. The details, according to his conduct sheets, of offences of
which he has been convicted by court-martial or of which he has been
found guilty during his service by a civil court, offences of which he
has been found guilty by an appropriate superior authority are set
out4 in the Schedule hereto.
1 Delete inapplicable wording. 2 Insert the type and length of the commission or nature and
length of the engagement. 3 To be deleted in the case of an officer.
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4 If there are no entries in his conduct sheets, enter “nil”.
THE SCHEDULE HEREINBEFORE REFFERED TO1
No. Rank Name of Regiment or Corps
Description
of Court or
appropriate
superior
Authority
Date and
Place of
Trial
Summary
Dealing
Charges on
which
convicted
or found
Guilty
Sentence or
Order of the
Court as
confirmed or
Award of
Appropriate
superior
Authority
Punishment
remitted on
Review or re-
consideration2
……………
……………
……………
……………
……………
……………
……………
…………
…………
…………
…………
…………
…………
…………
……………
……………
……………
……………
……………
……………
……………
…………………
…………………
…………………
…………………
…………………
…………………
………………..…
……………………
……………………
……………………
………….…………
……………….……
……………….……
…………………….
I HEREBY CERTIFY that this form and schedule contains
a summary of entries in the service books relating to the
accused.
Signed this day of 20
….…………………………………………………………….
(Name, rank and appointment, of Officer signing)
1 A verbatim extract from the service books, stating these
convictions, etc., must be inserted. 2 Omit automatic remission under Imprisonment and
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Detention Rules.
(9) RECORD OF PROCEEDINGS ON REVISION UNDER
SECTION 110 OF THE ACT
At………………………….1 on the…………day of………………
at…………hours the court re-assembled by order of
………………2the confirming authority for the purpose of re-
considering their finding(s) on the………………………3
charge(s).
Present4 ……………………………………………………………
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………
The order directing the re-assembly of the court arid giving
the reasons therefor is read, marked…………………..signed
by the president and attached to the record.
The court having considered the observations of the
confirming authority and the whole of the record of the
proceedings do now revoke their finding(s) on
the……………………….3 charge(s) and find that the
accused5……………..………………………………………………
is6,…………………………………………………………………….
………………………………………………………………………
………………………………………………………………………
and (adhere to their sentence) (sentence the accused) to7
………………………………………………………………………..
in the substitution for the original sentence.)
or
The court having considered the observations of the
confirming authority respectfully adhere to their finding(s) on
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the ……………………………………………………3 charge(s)
(and to their sentence) (but sentence the
accused…………………………………………………………………..
to7……………………………………………………………….........
..............................................................................................................
in substitution for the original sentence).
or
The court having considered the observations of the
confirming authority and the whole of the record of the
proceedings do now revoke their finding(s) on
the…………………………3 charge(s) and find the accused5
…………………………………… not guilty of (that) (those)
charge(s).
Signed at………..1 this……...day of………………20…..
…………………………. ……………………
Judge Advocate President
1 Insert the name of the place. 2 Insert the rank. name, appointment, etc. of the
confirming authority. 3 Specify the numbers) of the chargers) concerned, e.g., the
5th charge. 4 Give the name of the president and members of the court
who are present. If the president is absent the senior
member must report to the confirming authority. If a
member is absent and the court is thereby reduced below
the legal minimum the president must report to the
confirming authority. 5 Insert accused’s number, rank, name, unit, or other
description as given in the charge-sheet. 6 Set out the finding in the appropriate form of words
given in this Schedule. 7 Set out the new sentence in accordance with the
appropriate form set out in the Fifth Schedule.
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(10) CONFIRMATION
Note: These forms are for guidance only and do not
constitute an exhaustive list of all the possible variations and
should be adapted to the circumstances of each case.
I confirm the court’s finding(s), sentence and order under
section 131 of the Defence Act but [remit………………1]
[commute………………..2]
I confirm the court’s finding(s) sentence and order under
section 131 of the Defence Act but mitigate the sentence so
that it shall be as follows:—
I vary the sentence so that it shall be as so varied.4
I confirm the finding(s) but substitute the sentence
of…………………….….for the sentence of the court.6
I substitute a finding of…………………………..for the
finding of the court and confirm the sentence but
[remit…………………….1] [commute……….…………2].
I substitute a finding of…………………….for the finding of
the court on the…………………………..charge and confirm
the finding(s) of the court on the……………………charge(s))
and the sentence.
Not confirmed (on the grounds that ..................................7).
I confirm the finding(s) of the court on the
….………………… charge(s) but do not confirm their
finding(s) on the………………………………charge(s) (on the
grounds that…………………………7). I confirm the sentence
but [remit ……………......1] [commute………………..2]
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I refer the finding(s) and sentence to………………………8
for confirmation.
I confirm the finding(s) of the court on
the……………………….. charges) and refer the finding(s) on
the……………………………charge(s) and the sentence
to…………………………8 for confirmation.
I confirm the finding(s) of the court but refer the sentence
to ……………………..8 for confirmation.
[The Record] [Part of the record] of the proceedings of the
…………………..court-martial which tried……………………...
at……………………on the.................day of………… ...20……..
having been lost I do not confirm the finding(s) of the court.
Signed at…………..this………day of………….20……
…………….…………………………………….9
(Signature, rank and appointment
of confirming authority)
1 State what part of the sentence is remitted. 2 State what the sentence is commuted to. 3 This form of words may be used when it is impracticable
to use either “remit” or “commute”. 4 This form of words is appropriate when the court have
expressed the sentence informally or incorrectly and the
confirming officer desires to put it into the correct legal
form. 5 Insert the date or event to which the carrying out of the
sentence is postponed. 6 This form of words is appropriate when the court have
passed an illegal sentence on the accused and the
confirming officer desires to substitute a legal sentence. 7 Where a confirming officer withholds confirmation
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because he disapproves of the decision of the court on a
plea to the jurisdiction in bar of trial or on an objection to
a charge, he should specifically state that he is
withholding confirmation for this reason. In other cases
the confirming officer is not bound to give his reasons for
withholding confirmation. 8 Insert the appointment of the higher authority to whom
the matter is to be referred. 9 The rank and appointment of the confirming officer
should be clearly stated after or under his signature.
(11) DIRECTION UNDER SECTION 123(3) OF THE ACT 1
I……………………………………..[confirming authority]
[reviewing authority] hereby direct that the accused
………………...(number, rank, name or other description)
shall not be required to be returned to Guyana until he has
served […………months] [……………..years] of the sentence
of [imprisonment] [detention] passed on him.
…..……………………………..
…..………………………
…..……………………………..
(Signature)
Dated…………………..20…..
1 When the confirming authority is making the direction
this form of words should be inserted in the record of the
proceedings of the court-martial in the confirming
authority’s minute of confirmation; when made by a
reviewing authority it should follow the minute of
promulgation.
(12) RESTITUTION ORDER
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In accordance with subsection……….....of section 131 of
the Defence Act, I………………………………..…2 hereby
order that………………3 be carried [paid] to…………………..4
and I direct that this order shall be carried out forthwith.
Dated………………………,20……
……………………………….
(Signature)
[Confirming authority]
[Reviewing authority]
1 When the confirming authority is making the order this
form of words should be inserted in the record of the
proceedings of the court-martial in the confirming
authority’s minute of confirmation; when made by a
reviewing authority it should follow the minute of
promulgation.
2 Insert the rank, name and appointment of confirming or
reviewing authority as the case may be.
3 Insert description of article or amount of money, as the
case may be.
4 Insert name of person to whom restitution is being made.
(13) PROMULGATION
Promulgated and extracts taken at………………….(place)
this…………...day of…………………20……
…….…………………………………………….
(Signature, rank and appointment of officer
making the promulgation).
___________

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Death.
Imprisonment
and cashiering.
Cashiering.

Dismissal.

Fine.
[Severe
reprimand.]
[Reprimand]
Stoppages.

Death.
FIFTH SCHEDULE
SENTENCES
(1) Sentences
(2) Recommendation under section 123(3) of the Act.
(3) Restitution Order.
(1) SENTENCES
Note. The words in the margin should be entered in the right-
hand margin of the record of the proceedings of a court-
martial opposite the record of the sentence.
OFFICERS
To suffer death.
To be imprisoned for……………………and to be cashiered.
To be cashiered.
To be dismissed from the Guyana Defence Force.
To be fined
To be [severely reprimanded] [reprimanded].
To be put under stoppage of pay until he has made good the
sum of……………………..1 in respect of………………………2
WARRANT OFFICERS AND NON-COMMISSIONED
OFFICERS

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Imprisonment
and reduction
to the ranks.
Discharge with
ignominy.

Dismissal.
Detention and
reduction to the
ranks.
Field
punishment
and reduction
to the ranks.
[Reduction to
the ranks.
Reduction
to……………..]
Forfeit.

[Severe
reprimand.]
[Reprimand.]
Fine.

Stoppages.

Death.
Imprisonment.

Discharge with
ignominy.
To suffer death.
To be imprisoned far…………………………and to be reduced
to the ranks.
To be discharged with ignominy from The Guyana Defence
Force.
To be dismissed from the Guyana Defence Force
To undergo detention for………………..and to be reduced to
the ranks.
To undergo field punishment for……………………days and
to be reduced to the ranks.
To be reduced to [the ranks] [to the rank of…………………….]
To forfeit…………………….service.
To be [severely reprimanded] [reprimanded].
To be fined.
To be put under stoppages of pay until he has made good the
sum of………………………1 in respect of ……………………….
SOLDIERS
To suffer death.
To be imprisoned for…………………………………….

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Detention.

Forfeiture of
service.

Fine.

Stoppages.
To be discharged with ignominy from Her Majesty’s service.
To undergo detention for………………………………….
To undergo field punishment for……………..days……………
To forfeit………………………………….service.
To be fined.
To be put under stoppages of pay until he has made good the
stoppage sum of………………….1 in respect of…………………
1 Insert the amount which has to be made good by
stoppages in respect of the charge or article specified. 2 Specify the charge or article in respect of which the
stoppage is to be imposed. If stoppages are being
imposed in respect of more than one charge or article the
amount which has to be made good in respect of each
charge or article must be stated separately.
(2) RECOMMENDATION UNDER SECTION 123(3) OF
THE ACT1
The court recommends that the accused …………………
(number, rank, name or other description) shall not be
required to be returned to Guyana until he has served
[……………months] [……………..years] of his sentence.
1 This form of words should be inserted in the record of
the proceedings of the court-martial in the sentence
passed by the court.

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(3) RESTITUTION ORDER
In accordance with subsection………………of section 131
of the Defence Act, the court hereby order
that……………………2 be [delivered] [paid]
to…………………..3
The court further order that this order shall be carried
out forthwith.
1 This form of words should be inserted in the record of
the proceedings of the court-martial in the sentence
passed by the court. 2 Insert the description of the article or the amount of
money, as the case may be. 3 Insert name of person to whom restitution is to be made.
____________________
SIXTH SCHEDULE
Quotes and Affirmations
(1) Oaths at Investigations by Commanding Officers and
appropriate superior Authorities.
(2) Oaths at Court-Martial.
(3) Manner of Administering Oaths.
(4) Solemn Affirmations.
__________
(1) OATHS AT INVESTIGATIONS BY COMMANDING
OFFICERS AND APPROPRIATE SUPERIOR
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AUTHORITIES.
Interpreter
I swear by Almighty God that I will to the best of my
ability truly interpret and translate as I shall be required to do
touching the matter being investigated.
Witness
I swear by Almighty God that the evidence which I shall
give at this investigation shall be the truth, the whole truth
and nothing but the truth.
__________
(2) OATHS AT COURT-MARTIAL
President and Members
I swear by Almighty God that I will well and truly try the
[accused] [accused persons] before the court according to the
evidence, and that I will duly administer justice according to
the Defence Act without partially, favour or affection and I do
further swear that I will not on any account at any time
whatsoever disclose or discover the vote or opinion of the
president or any member of this court-martial unless
thereunto require in due course of law.
Judge Advocate
I swear by Almighty God that I will to the best of my
ability carry out the duties of judge advocate in accordance
with the Defence Act and the Rules made thereunder and
without partially, favour or affection and I do further swear
that I will not on any account at any time whatsoever disclose
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or discover the vote or opinion of the president or any
member of this court-martial unless thereunto require in due
course of law.
Office under Instruction
I swear by Almighty God that I will not on any account
at any time whatsoever disclose or discover the vote or
opinion of the president or any member of this court-martial
unless thereunto require in due course of law.
Shorthand writer
I swear by Almighty God that I will truly take down to
the best of my power the evidence given before this court-
martial and such other matters as may be required and will
when required deliver to the court a true transcript of the
same.
Interpreter
I swear by Almighty God that I will to the best of my
ability truly interpret and translate, as I shall be required to
do, touching the matter being this court-martial.
Witness
I swear by Almighty God that the evidence which I shall
give before the court-martial shall be the truth, the whole
truth and nothing but the truth.
__________
(3) MANNER OF ADMINISTERING OATHS
Christians taking the oath shall, unless female, remove
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their head-dress and, holding the Bible or New Testament in
their right hand, say to or repeat after the person
administering the oath the oath of words.
__________
(4) SOLEMN AFFIRMATIONS
The person making a solemn affirmation shall say to or
repeat after the person administering the solemn affirmation
the words of the appropriate form of oath except that the
words “I swear by Almighty God” he shall substitute the
words “I (name in full) do solemnly affirm” and for the word
“swear” wherever it occurs the words “solemnly affirm”.
___________________
SEVENTH SCHEDULE
Petitions
Petition to confirming authority (before confirmation)
To the confirming authority.
I……………………1 having been convicted by court-
martial on……………2 at……………….3 and having been
sentenced to………………………. hereby petition against the
finding(s) on the charge(s)4 and sentence5 on the following
grounds: -
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………
Signed……………………..
Dated….…………………..
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Petition to reviewing authority (after promulgation)
To………………………..
I………………………….1 having been convicted by
court-martial on…………………2 at……………………………3
and having been sentenced to…………………….… and
having had the finding(s) and sentenced promulgated to me
on……………………7 hereby petition against the finding(s)
on the……………………………….. charge(s)4 and sentence5 on
the following grounds:-
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………
Signed……………………..
Dated….…………………..
1 Insert the accused’s number, rank, name, unit or other
description. 2 Insert the date when accused was convicted. 3 Insert the place where the trial was held. 4 the words “finding(s) on the………………….. charge(s)”
should be omitted if the accused is petitioning against
sentence. 5 The words “and the sentence” should be omitted if the
accused is not petitioning against sentence. 6 Petitions should be signed by the accused personally but
may if necessary, be signed on his behalf by his
representative. 7 Insert the date when the findings and sentence were
promulgated. 8 Here state the reviewing authority whom it desired to
petition.
___________________

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Citation.
Interpretation.
DEFENCE (IMPRISONMENT AND
DETENTION) REGULATIONS
made under section 138
1. These Regulations may be cited as the Defence
(Imprisonment and Detention) Regulations
2. In these Regulations, unless the context otherwise
requires —
“commandant” means—
(a) in relation to a military esah1ishment,
being a military prison or military
detention barracks, the officer
appointed as commandant or
superintendent thereof, and any
officer from time to time acting in his
place;
(b) in relation to a military
establishment, being unit detention
rooms, the commanding officer of the
unit providing the rooms in
accordance with these Regulations;
“confirming authority” means, in relation to a person under a
sentence of imprisonment or detention passed by court-
martial, the authority by whom that sentence was
confirmed;
“legal adviser” means, in relation to a soldier under sentence,
any person duly admitted before the High Court to
practise law in Guyana; in the opinion of the
Defence (Imprisonment and Detention) Regulations
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commandant a person who enjoys in any country or
territory outside Guyana rights and privileges and carries
out functions similar to those of a person so admitted; a
clerk in the full-time employment of any such person as
aforesaid authorised by that person to interview a soldier
under sentence; and any officer of the Force representing
or assisting a prisoner for the purposes of his defence or
in connection with a petition or an appeal;
“local commander” means, in relation to a military
establishment, the Chief of Staff or any officer not below
the rank of major or corresponding rank superior in
command to the commandant;
“overseas establishment” means, an establishment under the
control of the authorities of a country or territory outside
Guyana in which military sentences of imprisonment or
detention may be served wholly or partly in accordance
with arrangements made by the President with those
authorities pursuant to section 122:
“reconsidering authority” means, in relation to a person
under a military sentence of imprisonment or detention,
an officer by whom such sentences may he reconsidered;
“reviewing authority” means, in relation to a person under a
military sentence of imprisonment or detention, the
authority responsible for reviewing that sentence;
“room” means any cell or room and any other place of
confinement within any premises and any premises
comprised of huts or tents or any part of such premises;
“section” means a section of the Act;
“soldier” includes any man or woman who is subject to
military law under the Act and is not an officer or a
person subject to Part V thereof by virtue of section 210;
Defence (Imprisonment and Detention) Regulations
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Inspectors of
military
establishments.
Inspection of
military
establishments.

“superintendent” means any officer of field rank or
corresponding rank appointed to superintend a military
establishment in respect of which the senior full-time
member of the staff is not an officer;
“unit” includes a detachment of a unit.
PART II
CONTROL AND INSPECTION OF MILITARY
ESTABLISHMENTS
3. The Defence Board may appoint one or more
inspectors of military establishments.
4. (l) It shall be the duty of an inspector of military
establishments to inspect military establishments and to
report to the Defence Board on all military establishments at
least once in every year. Inspectors of military establishments
shall also be responsible to the Defence Board for the training
of staff for employment in military establishments and for
advising on the appointment and posting of officers for
employment on the staffs of military establishments.
(2) In the case of military establishments outside
Guyana the local commander shall from time to time inspect,
or arrange for the inspection on his behalf, of any military
establishment in the area of his command in addition to the
inspection of those establishments by inspectors of military
establishments.
PART III
PROVISION CLASSIFICATION AND USE OF MILITARY
ESTABLISHMENTS
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Places in which
persons may be
required to
serve military
sentences of
imprisonment
or detention.
Classification
of military
establishment.

Provision of
military
establishments
other than unit
detention
rooms.
Provision of
unit detention
rooms.
5. Subject to and in accordance with the provisions of ‘
these Regulations the places in which persons may be
required to serve the whole or any part of military sentences
of imprisonment or detention passed upon them shall be
military establishments, civil prisons, and overseas
establishments;
Provided that, save for the purposes of temporary
custody in accordance with regulation 18, no person on
whom a military sentence of detention has been passed shall
be required to serve any part of such sentence in a prison.
6. (1) Military establishments shall consist of
establishments of the following classes —
(a) military prisons;
(b) military detention barracks; and
(c) unit detention rooms.
(2) Combined military establishments may be
provided consisting of two or more military establishments of
different classes.
7. Military prison, military detention barracks and
combined military establishments may be provided —
(a) in Guyana, only by the Defence
Board; and
(b) outside Guyana, by the Defence
Board, or by the officer commanding
an independent command.
8. Unit detention rooms may be provided by the
commanding officer of any unit being an officer not below the
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Places where
Officers and
certain civilians
may serve
military
sentences of
imprisonment.

Soldiers
sentenced in
Guyana.

Soldiers
sentenced
rank of major or corresponding rank, and shall be provided
by the commanding officer of any unit, whatever his rank, if
required to do so by higher authority.
9. An officer or a person to whom Part V of the Act
applies by virtue of section 210, upon whom a military
sentence of imprisonment has been passed shall be required
to serve that sentence in a civil prison in Guyana:
Provided that —
(a) where the sentence was for a term of
more than twelve months and was
passed outside Guyana, he shall be
required to serve in a military
establishment or an overseas
establishment that part of his sentence
which he is required to serve outside
Guyana in pursuance of a direction
given by the confirming or reviewing
authority under section 123; and
(b) where the sentence was for a term not
exceeding twelve months and was
passed outside Guyana, he may, if the
confirming or the reviewing authority
so directs, be required to serve the
whole or any part thereof in a military
establishment or an overseas
establishment.
10. Save as provided in regulation 17, a soldier upon
whom a military sentence of imprisonment or detention has
been passed in Guyana shall be required to serve that
sentence in Guyana.
11. A soldier upon whom a military sentence of
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outside
Guyana.

Place in which
sentence shall
be served.

Place where
military
sentence of
imprisonment
may be served.
Places in which
military
sentences of
detention may
be served in
Guyana.

Places in which
military
sentences of
detention may
be served
outside
imprisonment or detention has been passed outside Guyana
shall be outside required to serve that sentence —
(a) if the sentence is for a term of more
than twelve months, in Guyana:
Provided that he shall he required to serve outside
Guyana that part of his sentence which he is required to serve
in pursuance of a direction given by the confirming or
reviewing authority under section 123;
(b) if the sentence is for a term not
exceeding twelve months, outside
Guyana unless the confirming or
reviewing authority otherwise directs.
12. In the absence of a military prison, a soldier shall
serve the whole of any part of a military sentence of
imprisonment which he is required to serve in Guyana in a
civil prison be served.
13. A soldier shall serve the whole or any part of a
military sentence of imprisonment which he is required to
serve in Guyana in a military establishment or an overseas
establishment.
14. A soldier shall serve the whole or any part of a
military sentence of detention which he is required to serve in
Guyana in a military establishment, not being a military
prison.
15. A soldier, other than a woman, shall serve the
whole or any part of a military sentence of detention which he
is required to serve outside Guyana in a military
establishment not being a military prison or, if his sentence is
for a term exceeding twelve months and no suitable military
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Guyana.

Places in which
women may
serve military
sentences of
imprisonment
or detention.

Removal from
Guyana of
persons serving
sentences there.
Temporary
custody of
persons under
sentence.
establishment is available, in an overseas establishment, not
being a prison.
16. (1) In the absence of a military prison, a woman
shall serve the whole or any part of a military sentence of
imprisonment in a civil prison or an overseas establishment
or in unit detention rooms of a unit of the quarters provided
for female soldiers.
(2) A woman shall serve the whole or any part of a
military sentence of detention in unit detention rooms of a
unit of the quarters provided for female soldiers.
(3) Notwithstanding anything to the contrary in
the foregoing regulations, the quarters which female persons
are confined pursuant to sentences of imprisonment or
detention shall be separate and without access into those
provided for male persons.
17. A person who is serving a military sentence of
imprisonment or detention in Guyana may, by order of the
con firming authority, reviewing authority or reconsidering
authority be removed to any place outside Guyana where the
unit or any part thereof to which for the time being he
belongs is serving or is under orders to serve, but not to any
other place.
18. Notwithstanding anything hereinbefore contained
of and subject to section 121, where a person on whom a
military sentence of imprisonment or detention has been
passed—
(1) is awaiting admission to any prison or other
establishment or is in transit from one prison or establishment
to another or
(2) is being removed from one country or place to
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another: or
(3) has appealed against his conviction to the Court
of Appeal, and is entitled or ordered to be present at any
place for the purposes of Part VI of the Act; or
(4)is required or entitled to be present at any civil
court, court-martial, or inquiry; or
(5) is for any other reason connected with military
duty required to be removed temporarily from the prison or
other establishment where he is or for the time being serving
his sentence to some other place:
he may be detained temporarily —
(a) on the written order of his
commanding officer in civil custody
for a period not exceeding seven days
in accordance with subsection (2) of
section 124; or
(b) on the written order of his
commanding officer or the
commandant or other person in
charge of the establishment or prison
where he is for the time being —
(i) in any military establishment:
Provided that a person on
whom a military sentence of
detention has been passed shall
not be detained in a military
prison for longer than seven
days on any one occasion; or
(ii) in such other form of military
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Committal to
and removal
from prisons
and other
establishments.

First Schedule.

Release from
military
sentences of
imprisonment
or detention.
custody as may be determined
by his commanding officer or
the commandant or other
person in charge of the said
establishment or prison.
19. Subject to the provisions of section 121, no person
under military sentence of imprisonment or detention shall be
committed to a civil prison or overseas establishment, or to a
military establishment or form of custody, or removed from
one country or place to another or from one prison or
establishment or form of custody to another. save in
pursuance of an order made on one of the forms specified in
Part I of the First Schedule which is appropriate to the
circumstances of the case, and every such order shall be duly
completed in accordance with the instructions contained in
that behalf in the said Part I and signed by an officer of such
rank and appointment as are therein specified.
20. No person under military sentence of
imprisonment or detention shall be released from a military
or overseas establishment or form of custody otherwise
than—
(a) in accordance with an order of the
Court of Appeal or other civil court of
competent jurisdiction;
(b) in accordance with an order made in
the form specified in Part II of the
First Schedule and signed by an
officer of such rank and appointment
as are herein specified or
(c) on the expiration of his sentence, less
any remission allowed in accordance
with these Regulations:
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No release.
Temporary
release.
Provided that where the sentence expires as aforesaid on
a Sunday, Christmas Day or Good Friday the person shall be
released on the previous day and the uncompleted day of his
sentence shall be deemed to be remitted.
21. A soldier under sentence shall not be released
from imprisonment or detention in a military establishment
except in accordance with the provisions of regulation 20 or—
(a) in accordance with any provision of
these Regulations under which a
soldier may be removed from places,
establishments, or forms of custody to
any other place, establishment or
form of custody; or
(b) for the purpose of medical
examination, observation or treatment
for such period and subject to such
conditions as the commandant, acting
on the advice of the medical officer,
may determine.
22. (1) The commandant of a military establishment
may authorise the temporary release from a military
establishment on compassionate grounds of a soldier under
sentence in the cases and subject to the conditions set out in
this regulation.
(2) The cases in which a soldier under sentence
may be released temporarily under paragraph (1) of this
regulation are—
(a) where the death or dangerous illness
of a near relative occurs and the
commandant is satisfied that the
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presence of the soldier under sentence
is desirable,
(b) where damage has been suffered by
any premises occupied by the
soldier’s family or near relatives, and
the commandant is satisfied that the
presence of the soldier under sentence
is desirable;
(c) where the soldier under sentence
could not make arrangements
preliminary to or consequent upon
the birth of a child, and the
commandant is satisfied that the
presence of the soldier under sentence
is desirable for that purpose;
(d) where the soldier under sentence has
requested facilities to enable him to
marry a woman who is expecting a
child;
(e) where there are domestic difficulties
concerning the soldier under sentence
or his family and the commandant is
satisfied that the personal attendance
of the soldier under sentence is
desirable.
(3) The conditions subject to which the
commandant of a military establishment may authorise the
temporary release of a soldier under sentence are —
(a) that the soldier under sentence shall
comply with any conditions laid
down by the commandant and to be
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Detention of
soldiers in safe
custody.
observed by or in relation to the
soldier under sentence during the
period of his temporary release,
including any conditions as to
custody during the period of
temporary release and as to the place
or places where the soldier may or
may not go during that period;
(b) that if the soldier under sentence fails
to comply with any condition subject
to which he was temporarily released
the period of his temporary release
shall thereby be terminated, and it
shall be the duty of the soldier under
sentence to return forthwith to the
military establishment.
(4) The period of temporary release shall not count
as part of the sentence served by the soldier.
23. On the receipt by the commandant of a military
establishment of an order in writing made by the
commanding officer of a soldier who has been remanded for
trial by court safe custody. martial, or has been tried and is
awaiting promulgation of the finding and sentence of a court-
martial or is awaiting investigation or disposal of a charge
against him, the commandant may detain him in safe custody
in the military establishment if —
(a) there is accommodation available in
the military establishment in which
the soldier may be segregated from
soldiers under sentence; and
(b) the commandant can make
arrangements for the soldier to be
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Remission of
sentence.
supplied with the ordinary rations of
a soldier, not being a soldier under
sentence.
PART IV
REMISSION
24. (1) Subject to the provisions of any of these
Regulations sentence. which provide for or authorise the
forfeiture of remission, a soldier under sentence in a military
establishment or an overseas establishment shall be entitled to
have part of his sentence remitted in accordance with the
following provisions —
(a) if his sentence does not exceed
twenty-four days — nil;
(b) if his sentence exceeds twenty-four
days but does not exceed twenty-
eight days — a period equal to the
number of days by which the sentence
exceeds twenty-four days;
(c) if his sentence exceeds twenty-eight
days, one day for every seven days of
his sentence except in the case where
this would result in the soldier under
sentence serving less than twenty-four
days when the period of remission
shall be such period as will reduce the
period of his sentence which he is
required to serve to twenty-four days.
(2) For the purpose of calculating remission in
accordance with paragraph (1) fractions of a day shall be
ignored.
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Records of
remission.

Automatic
forfeiture of
remission.
25. (1) The commandant of a military establishment
shall maintain a record of the remission to which the soldier is
entitled in accordance with the last foregoing regulation, and
of any remission forfeited in accordance with any of these
Regulations.
(2) The commandant or an officer authorised by
him shall verify at frequent intervals the records maintained
in accordance with this Regulation.
(3) The records maintained in accordance with this
regulation shall be produced to a board of visitors, the
commandant, and any company commander to whom the
commandant has delegated jurisdiction under these
Regulations, on each occasion when the soldier under
sentence has been brought before them or him on a charge
that the soldier under sentence has committed an offence
against these regulations, but the said records shall not be so
produced until there has been a finding that the soldier under
sentence is guilty of an offence with which he has been
charged, or a decision has been reached that the alleged
offence shall be reported to the local commander, or the
commanding officer of the soldier under sentence disposes of
the charge otherwise than in accordance with any jurisdiction
conferred by these Regulations.
26. One day’s remission of the sentence of a soldier
under sentence in a military establishment or an overseas
establishment shall be forfeited in respect of each period of
two days and in respect of each odd day on which the soldier
under sentence is unable to carry out the work of training
which could otherwise be required of him by reason of —
(a) his sickness occasioned by his own
misconduct;

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Restoration of
forfeited
remission.

Effect on
remission of
subsequent
sentences.
(b) his undergoing a sentence of a civil
court; or
(c) his being in the lawful custody of any
civil authority.
27. Remission forfeited under these Regulations may
be Restoration restored by order of —
(a) the reviewing authority;
(b) the reconsidering authority; or
(c) the commandant with the approval of
the reviewing authority or the
reconsidering authority.
28. (1) If, while a soldier under sentence is serving a
military sentence of imprisonment or detention in a military
establishment (in this regulation referred to as “the earlier
sentence”), subsequent a further sentence of imprisonment or
detention has been passed on or awarded to him (in this
regulation referred to as “the later sentence”) the remission to
which he is entitled shall be calculated as follows — ‘a new
record of remission calculated in accordance with the
foregoing regulations shall be prepared, and the date of his
release shall be the date on which he would be released on the
earlier sentence, or the date on which he would be released on
the later sentence, whichever is the later.
(2) For the purpose of calculating the remission in
respect of the earlier sentence under paragraph (1) the date on
which the soldier under sentence would be released shall be
the date on which he would be released having regard to the
period or remission to which he was entitled on the date of
the passing or award of the later sentence less, in a case of a
sentence passed by court-martial, a period equal to any
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Application of
Part V of these
Regulations.
Regulations to
be brought to
the notice of
soldiers under
sentence.

Purposes of
training and
treatment.
Corporal
punishment
and the use of
force.

Admission to
military
period of remission forfeited between the date of the passing
of the later sentence and the promulgation thereof.
(3) Any reference in this regulation to the date on which a
sentence by court-martial is passed shall include, in a case
where the Court directs pursuant to sub-section (5) of section
141 that a sentence shall begin to run from the day on which
the Court dismisses an application for leave to appeal, that
day.
PART V
TREATMENT, EMPLOYMENT, DISCIPLINE AND
CONTROL OF SOLDIERS UNDER SENTENCE
29. This part of these Regulations shall apply, except
where otherwise stated or the context otherwise requires, to
all soldiers under sentence in military establishments.
30. A copy of this Part of these Regulations, or a
sufficient abstract thereof in a form approved by the Defence
Board, shall be displayed conspicuously in every military
establishment in such places that it can be seen from time to
time by every soldier under sentence.
31. The purposes of the training and treatment of
soldiers under sentence are to establish in them the will, and
to fit them, to become better soldiers and citizens.
32. (1) Corporal punishment shall not be inflicted on
soldiers under sentence.
(2) In the treatment of a soldier under sentence
force shall not be used unnecessarily, but if the use of force is
necessary no more force shall be used than is necessary.
33. On admission to a military establishment the
following procedure shall be observed—
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establishment.
(a) the order or warrant of committal
shall be examined and the attention of
the commandant shall be directed to
any omission or Irregularity;
(b) except for that amount of his clothing
and other articles which a soldier
under sentence is authorised to have
in his possession, his equipment and
every other article or thing which
accompanies the soldier on admission
(whether the same is his own
property or not) shall be taken from
him. Clothing, equipment, arid any
other public or service property shall
be dealt with in accordance with the
regulations or instructions of the
Service to which the soldier under
sentence belongs, and the remainder
shall be retained by the commandant
for safe custody. A record of such
property shall be kept and the said
record shall be signed by the soldier
under sentence and by a member of
the staff of the military establishment.
The said property (other than
perishable articles) shall be returned
to the soldier under sentence on
release if he is willing to acknowledge
its return by signing a record that it
has been delivered up to him. Money
shall be kept in safe custody or paid
into an account at a bank and the
equivalent amount paid to the soldier
on release or disposed of at the
discretion of the commandant by
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sending it to any person at the request
of the soldier. Perishable articles shall
he disposed of at the discretion of the
commandant who shall, so far a
practicable, take account of the
soldier’s wishes in relation to them:
(c) at the discretion of the commandant,
any property which he holds in safe
custody on behalf of a soldier under
sentence may be delivered or sent to a
relative or friend of the soldier under
sentence;
(d) the soldier under sentence shall be
searched in accordance with these
Regulations to ensure that he has not
in his possession any article or thing
which he is not authorised to have;
(e) the soldier under sentence shall be
weighed and his weight recorded;
(f) within twenty-four hours of
admission (or within forty-eight hours
in a case where the soldier under
sentence has been medically
examined and certified as fit to
undergo his sentence either on the
day of admission or the previous day)
the soldier under sentence shall he
medically examined by a medical
officer;
(g) the religious denomination (if any) of
a soldier under sentence shall be
recorded and a chaplain or priest of
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Accommoda-
tion of soldiers
under sentence.
that denomination shall be informed
of his admission. If no chaplain or
priest of that denomination has been
appointed in respect of the military
establishment, notification of the
soldier’s admission shall be given to a
chaplain or priest of a denomination
other than that of the soldier under
sentence;
(h) within twenty-four hours of
admission the commandant or a
member of the staff of the military
establishment shall satisfy himself
that a soldier under sentence has read,
or has had explained to him, the
regulations governing his conduct,
treatment, employment and
discipline, and the means by which he
may bring complaints to the notice of
his commanding officer, the
commandant and visiting officers, in
accordance with the Act and these
Regulations.
34. (1) No room shall be used for the confinement of a
soldier under sentence unless it is certified by a medical
officer that its size, lighting, heating, ventilation and fittings
are adequate for health, and that it allows the soldier under
sentence to communicate at any time with a member of the
staff of the military establishment, and any certificate so given
in relation to a room in which more than one soldier may be
accommodated shall state the maximum number of soldiers
under sentence who may be confined therein.
(2) The size of rooms intended for occupation by
soldiers under sentence shall be such as to provide at least 600
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Provision of
miscellaneous
accommoda-
tion to military
establishments.
cubic feet capacity for each soldier under sentence
accommodated therein unless in any particular case, having
regard to the exigencies of the service, the local commander
authorises the temporary accommodation of soldiers under
sentence in accommodation of smaller capacity.
(3) In every military establishment special rooms
shall be provided for the temporary confinement of soldiers
under sentence who are refractory or violent.
(4) Every soldier under sentence shall be provided
with separate bedding and, where circumstances are such
that beds can be provided, with a separate bed.
(5) Two soldiers shall never be confined in one
room. The confinement must be solitary or at least three men
in the room.
(6) In every military establishment separate
facilities shall be provided for females.
35. The commandant shall set aside within a military
establishment the following accommodation —
(a) a medical detention room or rooms
where soldiers under sentence may be
given medical examinations,
observation, treatment and attention
on the occasions when in the opinion
of the medical officer any such
examination, observation, treatment
or attention is required, and the
soldier under sentence is not
sufficiently ill to necessitate his
admission to hospital;
(b) a room or rooms where soldiers under
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Daily routine.

Work and
training of
soldiers under
sentence.
sentence may receive visits authorised
by or under these Regulations.
36. Subject to the provisions of these Regulations with
reference to the number of hours of work or training to be
done by persons under sentence therein the daily routine of a
military establishment shall be determined by the
commandant in accordance with any instructions issued from
time to time by or under the authority of the Defence Board.
37. (1) Subject to the provisions of paragraph (3) and
regulation 38, during the whole of his sentence a soldier
under sentence shall be engaged in work o training for not
more than thirteen, nor less than nine hours a day (excluding
times for meals), but a soldier shall not be engaged in work or
training until he has been examined by a medical officer and
certified as fit for the type of work and training which it is
intended that he shall do.
(2) Training in military prisons and detention
barracks shall consist of periods of physical training for the
preservation of health.
(3) Nothing in this regulation shall require that a
soldier shall be engaged in work or training at any time when
he is—
(a) in close confinement;
(b) undergoing restricted diet as a
punishment;
(c) excused work or training on medical
grounds on the advice of a medical
officer;
(d) excuse work by the commandant or
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Sundays and
public
holidays.

Work in
association.
engaged in some other activity
authorised by or under these
Regulations.
38. (1) On Sundays, Christmas Day and Good Friday a
soldier shall not be engaged on any work or training except
work which is necessary for the service of the military
establishment or save where in special circumstances, the
commandant or the commanding officer directs.
(2) A soldier under sentence whose sabbath is on a
day other than a Sunday shall not be required to do more
work or training on that day than other soldiers are required
to do on a Sunday, but notwithstanding paragraph (1) such a
soldier may be required to do work or training on Sundays.
39. (1) Subject to the following paragraphs of this
regulation a soldier under sentence who is employed in
productive work shall work is association with other soldiers
under sentence.
(2) If it appears to the commandant of a military
establishment that it is desirable —
(a) in the interests of the soldier under
sentence; or
(b) for the maintenance of good order
and discipline, ‘that during any
period a soldier under sentence
should not work in association with
others, he may arrange for that soldier
to work in a room or place apart from
other soldiers under sentence:
Provided that a soldier under sentence shall not be
required to work apart from other soldiers under sentence
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Unauthorised
work.

Earnings
schemes.
Second
schedule.
under the pro visions of this regulation for more than seven
days or, if authorised by a board of visitors, fourteen days.
(3) In deciding whether a soldier under sentence
shall work apart from other soldiers under sentence, and
whether such a soldier ought to resume work in association
with others, the commandant shall take into consideration
any advice which he may be given by a medical officer.
40. A soldier under sentence shall not be employed
directly or indirectly for the private benefit or advantage of
any person, or in any way contrary to these Regulations or the
orders of the commandant.
41. (1) In military establishments where productive
work is done a soldier under sentence shall be credited with
weekly or daily sums of money related to the length of
sentence which he has completed, as provided in the Second
Schedule. He shall not be entitled to payment of the said sums
in cash until his release, but during his sentence he may be
provided from the canteen of the military establishment with
tobacco, cigarettes, and other articles of a retail value equal to
the credits earned by him.
(2) The Defence Board may from time to time issue
instructions for the increase of the scales of earnings
authorised by this regulation.
(3) No soldier under sentence shall be entitled to
be credited with earnings in accordance with this regulation
unless he is of good conduct and does the work assigned to
him to the satisfaction of the commandant. He may also be
deprived of earnings as a punishment in accordance with
these Regulations.
(4) This regulation shall apply only to military
establishments designated by the Defence Board as
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Rations for
soldiers under
sentence.

Smoking by
soldiers under
sentence.
establishments to which the earnings scheme shall apply.
42. (1) The food provided for soldiers under sentence
shall be of a nutritional value adequate for health and
strength and of wholesome quality, well prepared and
served, and reasonably varied.
(2) The commandant and members of the staff of a
military establishment shall endeavour to ensure that every
soldier under sentence (other than a soldier undergoing
restricted diet as a punishment) receive the rations to which
he is entitled. A soldier under sentence may complain if he
believes that he is not getting the rations to which he is
entitled, but he shall have no right to have his ration or any
part of it weighed.
43. (1) A soldier under sentence in a military
establishment shall be asked as soon as practicable after his
admission whether he is a smoker or a non-smoker. If he
states that he is a smoker he will be required to sign a
certificate to that effect. If he states that he is a smoker he may
smoke tobacco and cigarettes to the extent authorised by this
regulation.
(2) Soldiers under sentence shall be authorised to
smoke any cigarettes issued to them free or obtained by them
from the canteen of the military establishment as a result of
any credit to which they may be entitled from earnings
authorised by these Regulations. No soldier under sentence
shall be entitled to smoke tobacco or cigarettes obtained in
any other manner.
(3) No soldier under sentence shall smoke or have
in his possession any tobacco, cigarettes or matches or lighter,
or any naked light for the purpose of igniting tobacco or
cigarettes, except at such times as are authorised in
accordance with the standing orders or other orders of the
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Letters.
commandant.
(4) The scales of cigarettes which may be issued
free to soldiers under sentence shall be laid down in ration
scales or other instructions issued from time to time by the
Defence Board and the first day of issue shall be the day after
the admission of the soldier to the military establishment.
(5) No soldier under sentence who has signed a
certificate that he is a non-smoker shall be entitled either to a
free issue of cigarettes or to purchase tobacco or cigarettes
with his earnings.
(6) No soldier under sentence shall be entitled to
smoke cigarettes issued free on any day other than the day of
issue.
(7) Forfeiture of tobacco or cigarettes (whether free
issue or by withdrawing the right to purchase them with
earnings from a canteen) may not he ordered as a
punishment, but it may he ordered on the advice of a medical
officer during any period of sickness, and soldiers under
sentence who are in close confinement or on restricted diet as
a punishment shall not be entitled to smoke or have in their
possession any tobacco or cigarettes.
44. (1) A soldier under sentence shall be allowed to
write letters as follows —
(a) on admission to a military
establishment — one letter; and
(b) in every week of his sentence
following the week in which he was
admitted — one letter.
(2) Writing paper, envelopes and other materials
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Parcels.
Censorship.
required to enable a soldier to write the letters permitted by
these Regulations shall be provided and, subject to the
provisions of regulation 46, the letters shall be posted free of
expense to the soldier under sentence.
(3) A soldier under sentence may receive —
(a) any number of letters; and
(b) newspapers, journals and periodicals
at the discretion of the commandant.
45. (l) A parcel addressed to a soldier under sentence
shall be opened and examined by or under the authority of
the commandant in the presence of the soldier to whom it is
addressed. Any article which the soldier under sentence is
prohibited from receiving or not authorised to receive shall be
retained in safe keeping. by the commandant and handed to
the soldier on his release, except in the case of perishable
articles which may be disposed of in accordance with the
directions of the commandant by returning them to the
sender or otherwise.
(2) A soldier under sentence is prohibited from
receiving any article but with the consent and at the discretion
of the commandant he may receive toilet requirements,
books, newspapers and other articles.
46. (1) The commandant of a military establishment or
any officer deputed by him may scrutinise letters written by
or addressed to soldiers under sentence.
(2) The commandant may withhold from a soldier
under sentence the whole or any part of a letter addressed to
that soldier, but he shall communicate to ‘the soldier any part
of the letter which is unobjectionable.

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Visits by
relatives and
friends.

Visits by legal
adviser.

Visits for the
purpose of
(3) The commandant may withhold a letter written
by a soldier under sentence, but in that case he shall give the
soldier an opportunity of writing in its place another letter
which does’ not contain the material to which the
commandant objects. If any letter contains a complaint
relating to the military establishment or the treatment of the
soldier under sentence the commandant shall draw the
attention of the soldier to his rights as to complaints.
(4) In any case where the commandant withholds a
letter written by or addressed to a soldier under sentence he
shall record the fact and his reasons for so acting in a journal.
47. (1) A soldier under sentence may receive visits
from his relatives and friends at the discretion of the
commandant, and such visits shall take place within the
military establishment at times and places determined by the
commandant.
(2) Any visit authorised under this regulation shall
be within the sight and hearing of the commandant or a
member of the staff of the military establishment.
48. (1) The commandant shall ‘provide reasonable
facilities Visits by for a soldier under sentence who is
interested in legal proceedings or proposed legal proceedings
to be visited by his legal adviser. At the discretion of the
commandant he may also be visited by his legal adviser with
reference to other legal business
(2) Any visit authorised by or pursuant to this
regulation shall be within the sight, but not the hearing of the
commandant or a member of the staff of the military
establishment.
49. (1) The commandant may permit a soldier under
sentence the purpose to be visited by a police officer or, on the
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investigating
offences.
Medical
attention.

Functions of
medical officer.
Attendance by
medical officer.
written order of a staff officer a provost officer, by any officer
or other person whose duty it is to investigate the
commission, or suspected commission of an Offence.
(2) The commandant shall permit any person to
visit a soldier under sentence if that person is authorised to
visit him by a warrant or an order of a court.
50. The commandant shall ensure that every soldier
under sentence who is —
(a) in close confinement; or
(b) subject to any form of mechanical
restraint; or
(c) undergoing restricted diet as a
punishment; or
(d) sick, or complains of sickness,
shall be seen by a medical officer at least once every day. The
medical officer shall also see daily every soldier under
sentence to whom his attention is especially directed by the
commandant.
51. The medical officer shall have the care of the
medical and physical health of soldiers under sentence, and
the commandant shall act in accordance with his advice in
relation to those matters unless to do so would be contrary to
any enactment or these Regulations, or the officer in charge of
the medical services of the command in which the military
establishment is situated otherwise directs.
52. The medical officer shall attend at once or as soon
as occasion requires on receiving from the commandant
information of the illness of a soldier under sentence.
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Appeals.

Facilities for
soldiers under
sentence who
wish to petition
or appeal.
53. The manner in which a soldier under sentence in a
military establishment or an overseas establishment who has
appealed or desires to appeal to the Court of Appeal against
his Conviction by court-martial may 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 Part VI of the Act, or
any place to which the Court of Appeal or a Judge thereof
may order him to be taken for the purposes of any
proceedings of that Court, shall be as follows —
(a) he may be taken to, kept in custody
at, and brought back from any such
place as aforesaid in service custody;
(b) he may be kept in custody at any such
place as aforesaid in any manner
ordered by the Court of Appeal or a
Judge thereof, or in a service
establishment, in a civil prison, or in a
police station:
Provided that he shall not be kept in a civil prison or in a
police station for periods exceeding seven days at any one
time.
54. (1) The commandant of a military establishment
shall bring to the notice of soldiers under sentence therein
their rights to petition or appeal. In addition to any other
means chosen by them who the commandant for this purpose
a notice shall be exhibited in such places as to be seen by all
soldiers under sentence.
(2) The commandant of a military establishment
shall permit a soldier under sentence who intends to petition
or appeal or whose appeal is pending, for the purposes of the
petition or appeal, to receive visitors, to be provided with
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Complaints.
reasonable quantities of writing materials, to write and
receive letters, and to prepare and hand personally or to send
by post to his legal adviser confidential written
communications as instructions in connection with’ the
petition or appeal. Any such confidential written
communication shall be exempt from censorship unless the
commandant has reason to believe that it obtains material
unrelated to the purposes of the petition or appeal when it
may be subject to censorship in accordance with these
Regulations.
(3) For the purposes of a petition or an appeal a
soldier under sentence may receive a visit from a medical
adviser, being a registered medical practitioner, selected by
him or on his behalf by relatives or friends.
55. (1) A soldier under sentence who considers
himself wronged in any matter may complain to the
commandant of the military establishment in which he is
serving his sentence or to a visiting officer on the occasion of a
visit by him.
(2) In a case where there is a company commander
of a soldier under sentence he shall forward any complaint
which he wishes to make to the commandant through his
company commander.
(3) It shall be the duty of the commandant of a
military establishment to investigate any complaint made to
him in accordance with this rule and to take any steps for
redressing the matter complained of which appear to him to
be necessary.
(4) A soldier under sentence may complain to his
commanding officer as provided in section 173 and it shall he
the duty of his company commander, if any, to forward the
said complaint to the commandant, and of the commandant
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Searching
soldiers under
sentence.
Method of
searching.
to forward it to the commanding officer of the soldier under
sentence.
(5) In addition and without prejudice to the rights
of a soldier under sentence to make a complaint in accordance
with the Act and the foregoing provisions of this regulation a
soldier under sentence who has not in his opinion received
redress for any complaint made by him to the commandant or
in accordance with section 173, may complain to the visiting
officer, who shall deal with any such complaint as provided
in regulation 95.
(6) Without prejudice to the duties of a
commandant and a company commander under this
regulation, a commandant or company commander who
believes that. in making a complaint where he thinks himself
wronged, a soldier under sentence has made a statement
affecting the character of an officer, warrant officer, non-
commissioned officer or soldier subject to military law under
the Act, which he knows to be false or does not believe to be
true, or has wilfully suppressed any material facts, may call
the attention of the soldier under sentence to the provisions of
section 73, so that the soldier under sentence may, if he so
wishes, withdraw his complaint or any such statement as
aforesaid.
56. (1) On admission to a military establishment a
soldier so1dIers under sentence shall be searched in
accordance with regulation 57.
(2) The commandant of a military establishment
may order that a soldier under sentence shall be searched at
any time while he is serving his sentence.
57. The following provisions of this regulation shall be
observed in relation to the search of any person in a military
establishment pursuant to this regulation —
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Persons of
unsound mind.

Escape.
(a) every search shall take place in the
presence of at least two members of
the staff;
(b) no person shall be present at any
search except the commandant or
members of the staff of the military
establishment and, in particular, no
soldier under sentence shall be
present at the search of any other
soldier under sentence;
(c) no female shall be searched except by
a female, and no female shall be
searched in the presence of any male
person.
58. If a person serving military sentence of
imprisonment or detention is a person of unsound mind, the
commandant shall notify the Defence Board so that on
discharge that person may’ be received into a mental hospital.
59. (1) Any member of the staff of a military
establishment who discovers that a soldier under sentence has
escaped shall immediately report the fact to the commandant.
(2) If a soldier under sentence in a military
establishment escapes, the commandant shall immediately
inform the authorities and persons specified below in the
cases therein specified —
(a) the chief officer of police in the area in
which the military establishment is
situated (if in Guyana) or the local
police of the said area (if outside
Guyana);
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Duration of
sentences of
persons who
escape.

Deaths.
(b) the nearest unit, detachment or other
body of the Military Police;
(c) the local commander;
(d) the officer in charge of records;
(e) the unit paymaster;
(f) an inspector of military
establishments.
60. The following shall be the authorities specified
under these Regulations for the purposes of the proviso to
subsection (1) of section 119 —
(a) in the case of a person upon whom a
military sentence of imprisonment or
detention was passed by court-
martial, the reviewing authority or the
reconsidering authority;
(b) in the case of a person to whom a
mi1iary sentence of detention has
been awarded by his commanding
officer, that officer.
61. (1) If a soldier under sentence in a military
establishment dies the commandant shall —
(a) if the death occurs in Guyana,
immediately report the matter to the
coroner having jurisdiction in the
place where the military
establishment is situated or to the
nearest police station;
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Offences
against
discipline.
(b) if the death occurs outside Guyana,
report the matter either —
(i) to any local civil authority
authorised or required to
inquire into the cause of death
or, if there is no such authority;
(ii) to a higher military authority,
requesting that a Board of
Inquiry may he convened with
reference to the death, in
accordance with Rules made
pursuant to section 139.
(2) Nothing in these Regulations shall affect the
duty of the commandant or any other military authority to
record or report the death in accordance with the
requirements of any other law or instructions.
62. A soldier under sentence commits an offence
against these Regulations if he —
(a) commits an offence of a nature which
might be dealt with summarily by the
commanding officer of a soldier of the
regular Force;
(b) treats with disrespect any member of
the staff of a military establishment,
any visitor thereto or any person
employed thereat;
(c) is idle, careless or negligent;
(d) behaves irreverently at divine service;

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Jurisdiction of
commandant
and company
commander.
(e) use any abusive, indecent, threatening
or other improper language;
(f) is indecent in any act or gesture;
(g) communicates with any other soldier
under sentence without authority;
(h) leaves his room or place of work or
other appointed place without
permission;
(i) commits any nuisance;
(j) has in his room or possession any
unauthorised article, or attempts to
obtain such an article;
(k) gives to or receives from any person
any unauthorised article;
(1) makes repeated and groundless
complaints;
(m) fails to observe or comply with any
conditions as to parole;
(n) attempts to commit any of the
offences referred to in paragraphs (b),
(g), (h), (i), (j) and (k).
63. (1) The commandant of a military establishment
shall have jurisdiction to punish a soldier under sentence who
commits an offence against these Regulations.
(2) A company commander under the command of
the commandant of a military establishment may have
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Procedure for
dealing with
offences.
jurisdiction delegated to him by the commandant to punish a
soldier under sentence who commits an offence against these
Regulations.
64. (1) A soldier under sentence who, while serving
his sentence commits any offence against the Act or against
these Regulations shall be dealt with in accordance with the
following provisions of this regulation.
(2) When any member of the staff of a military
establishment reports to the commandant the commission of
such an offence as is referred to in paragraph (1) by a soldier
under sentence the commandant shall deal with it as follows,
that is to say, if the alleged offence is One which the
commandant has no jurisdiction to punish or if, although the
commandant has jurisdiction, it appears to him that the
punishment he might award would be inadequate, he shall
report the alleged offence to the local commander with a
request that the soldier shall be dealt with under regulation 67
or under military law (as the case may be). In any other case
the procedure set out in paragraph (3) shall be observed.
(3) The commandant shall ensure that a soldier
under sentence who is alleged to have committed an offence
against these Regulations shall be informed of the offence
which he is alleged to have committed. He shall then be
brought before the commandant, and the evidence against
him shall be heard in the presence of the soldier under
sentence unless he agrees that written evidence may be used.
If written evidence is used punishment shall not be awarded
unless he has been given an opportunity of questioning the
accuracy of any written statement. The soldier under sentence
shall be given a proper opportunity of hearing the facts
against him and of presenting his case. The commandant shall
inform the soldier under sentence whether he finds him guilty
or not guilty of committing any offence which he is alleged to
have committed.
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Punishments
which may be
awarded by a
commandant.
Punishment
which may be
awarded by a
company
commander.
65. (1) The commandant of a military establishment
may award any of the punishments set out in paragraph (2) to
a soldier under sentence who has been found by him to have
committed any offence against these Regulations.
(2) The punishments referred to in paragraph (1)
are—
(a) close confinement for a period not
exceeding three days;
(b) restricted diet No. 1 for a period not
exceeding three days;
(c) restricted diet No. 2 for a period not
exceeding fifteen days:
(d) deprivation of mattress for a period
not exceeding three days;
(e) forfeiture of remission of sentence for
a period not exceeding fourteen days;
(f) deprivation of library books;
(g) forfeiture or reduction of earnings;
(h) extra military instruction;
(i) admonishment.
66. The commander of a military establishment may
delegate to a company commander under his command,
being a member of the staff of a military establishment,
jurisdiction to award the following maximum punishments to
a soldier under sentence who is found by the company
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Board of
visitors.
commander to have committed an offence against these
Regulations—
(a) restricted diet No. 2 for a period not
exceeding seven days;
(b) deprivation of mattress for one day;
(c) forfeiture of remission of sentence for
a period not exceeding fourteen days;
(d) deprivation of library books for a
period not exceeding fourteen days;
(e) extra military instruction, not
exceeding three periods of 45 minutes
each;
(f) admonishment.
67. (1) The local commander may from time to time
appoint boards of visitors to exercise disciplinary powers at
any military establishment within the area of his command.
(2) A board of visitors shall consist of three officers
one of whom shall be not below the rank of major (or
corresponding rank) unless the exigencies of the service make
it impracticable, when the board may consist of two officers
only, one of whom shall be not below the rank of major or
corresponding rank.
(3) A board of visitors shall have the same
jurisdiction as a commandant, and may award the
punishments which may be awarded by a commandant,
subject to the following modifications —
(a) the maximum period of close
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confinement which they may award
shall be fourteen days;
(b) the maximum period which they may
award on restricted diet No. 1 shall be
fourteen days, with the intervals
prescribed by regulation 70;
(c) the maximum period which they may
award on restricted diet No. 2 shall be
twenty-one days;
(d) the maximum period of forfeiture of
remission which they may award
shall be the whole of the period of
remission, but if they award forfeiture
of remission which exceeds twenty-
eight days the commandant shall
report the matter to the reviewing
authority who may mitigate or remit
the award.
(4) A board of visitors shall investigate and deal
with every charge brought against a soldier under sentence
which they are required and have jurisdiction to hear and
determine in accordance with these Regulations. When they
are satisfied that the soldier under sentence has had the
charges sufficiently explained to him, that all the oral
evidence has been heard in his presence, that he has had an
opportunity of reading and questioning the accuracy of any
documentary evidence and that he has had proper
opportunity of presenting his case and questioning any
witnesses, they may —
(a) dismiss any charge which they find
not to have been proved;
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Corporal
punishment
prohibited.
Restricted diets
No. 1 and No.
2.

Conditions
with reference
(b) record a finding of guilty and award
any punishment which they are
authorised by these Regulations to
award in respect of any charge which
they find to have been proved.
68. The commandant and members of the staff of a
military establishment shall not inflict or cause to be inflicted
corporal punishment on any soldier under sentence.
69. (1) Restricted diet No. 1 shall consist of 1 lb. of
bread diets per day with unrestricted water.
(2) Restricted diet No. 2 shall consist of —
(a) Breakfast —
Porridge, 1 pint, containing 3 oz.
cereal; Bread, 8 oz. Margarine, oz.
Cocoa, 1 pint, containing 3/4 oz.
cocoa, 1 fluid oz. milk (or 4/5 oz.
Tinned milk) and 1/2 oz. sugar.
(b) Dinner —
Bread, 4 oz., Soup, 1 pints,
containing 3 oz., peas; 3 oz., dried
beans, 4 oz., plantains, 4 oz., eddoes,
salt, and, on Wednesdays and
Saturdays only, 4 oz. meat (bone in).
(c) Supper —
Bread, 8 oz., margarine 1/2 oz.
Cocoa, 1 pint containing oz. cocoa, 1
fluid oz. milk (or 4/5., oz. tinned
milk), and 1/2 oz. sugar.
70. (1) A soldier under sentence shall not undergo
restricted diet No. 1 for any consecutive period exceeding
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to the award of
restricted diet
No. 1.

Conditions
with reference
to the award of
restricted diet
No. 2
three days at a award of re-time, and if he is awarded
restricted diet No. 1 for a period exceeding eight days his diet
shall consist for alternate and equal periods not exceeding
three days of —
(a) 1 lb. of bread per day with
unrestricted water; and
(b) the ordinary ration for soldiers under
sentence.
(2) On the days on which a soldier is undergoing
restricted diet No. 1 he shall not attend parades, nor shall he
be required to undertake any task of labour, but he may be
permitted to carry out very light work in his room.
(3) A soldier under sentence who has undergone
restricted diet No.1 shall not be required to undergo any
further period on that diet in respect of any other offence until
an interval has elapsed equal to the period of restricted diet
No, 1 already undergone.
(4) Every soldier under sentence undergoing
restricted diet No. 1 shall be visited every day by the
commandant or his deputy and by the medical officer.
71. (1) A soldier under sentence undergoing restricted
diet Condition No. 2 shall attend parades and carry out work
and training at the discretion of the commandant, but he shall
not be required award of re to do any heavy work.
(2) If a soldier under sentence who is undergoing
restricted diet No. 2 is found guilty of an o4Tence against
these Regulations, he may, notwithstanding the provisions of
regulation 70, be required to undergo restricted diet No. 1 for
a period not exceeding three days, and on the expiration of
that period he may be required to undergo the remainder of
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Conditions
affecting
restricted diet
No. 1 and
restricted diet
No. 2

Close
confinement.
the period on restricted diet No. 2:
Provided that the period spent on restricted diet No. 1
shall count as part of the period originally ordered on
restricted diet No. 2.
72. (1) A soldier who has undergone restricted diet for
a Conditions consecutive period of twenty-one days shall
resume the ordinary ration for soldiers under sentence for a
period of at least seven days before any further period of
restricted diet may commence.
(2) A soldier under sentence undergoing restricted
diet shall not be issued with or permitted to have in his
possession tobacco or cigarettes.
(3) No soldier under sentence shall be required to
undergo restricted diet No. 1 or restricted diet No. 2 unless
the medical officer has certified that he is fit to do so.
73. (1) No soldier under sentence shall be placed in
close confinement unless he has been certified by the medical
officer as fit to undergo that punishment.
(2) A soldier in close confinement shall not be
permitted to attend divine service and, except on the
recommendation of the medical officer, shall not be permitted
any exercise.
(3) A. soldier under sentence in close confinement
shall not be deprived of his room furniture or books, nor be
subjected to any form of discipline which has not been
lawfully ordered in accordance with these Regulations.
(4) A soldier under sentence undergoing close
confinement shall be visited at least once every day by the
commandant or his deputy and the medical officer and, in
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Mechanical
restraint.
Authorisation
of mechanical
restraint.
addition, at least once every three hours, by a member of the
staff of the military establishment who shall be detailed to do
so.
74. (1) No soldier under sentence shall be subjected to
any form of mechanical restraint as a punishment.
(2) Mechanical restraint of’ soldiers under sentence
may be used for the purposes of safe custody during the
removal of a soldier under sentence from one place of
establishment to another and in the circumstances and under
the conditions authorised by these Regulations.
75. (1) If it appears to the commandant of a military
establishment that a soldier under sentence ought to be
placed under mechanical restraint to prevent him from
injuring himself or others or damaging property or creating a
disturbance, he may issue a written order that mechanical
restraint shall he applied to a soldier under sentence,
specifying the date and hour when restraint is to be applied,
and the period, not exceeding twenty-four hours, during
which it shall be applied. Immediately thereafter he shall
notify the local commander and the medical officer that he
has made the said order and the terms thereof.
(2) On receiving the said notification the medical
officer shall examine the soldier under sentence and inform
the commandant if, in his opinion, there is any objection on
medical grounds to application of the mechanical restraint
ordered. If he makes any such objection the commandant
shall revoke or modify his order in accordance with the
recommendation of the medical officer.
(3) The commandant of a military establishment
shall ensure that no soldier is kept under mechanical restraint
for any period longer than is necessary, nor for any period
exceeding twenty-four hours unless the local commander
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Types of
mechanical
restraint.
orders in writing that the mechanical restraint shall continue
for a longer period not exceeding forty-eight hours.
(4) No type of mechanical restraint shall be used
except a type authorised by these Regulations.
(5) Whenever mechanical restraint is applied or
removed an officer or senior member of the staff of a military
establishment shall be present and the name of the officer and
any other member of the staff present on every occasion shall
be recorded.
76. (1) The articles referred to in sub-paragraphs (a),
(b) and (c), which shall conform with patterns approved by
the Defence Board, may be used as instruments of restraint—
(a) handcuffs — figure of eight, swivel or
curb chain, not exceeding for the pair
twenty-two ounces in weight;
(b) strait waistcoat — stout white duck
lined with swandsdown, fastened at
the back by lacing with strong
webbing tapes through eleven eyelets
on each side, the sleeves covering the
entire arms and hands, and being
secured by strong webbing tapes
laced through the three eyelets on
each side of the cuffs, the upper parts
of the arms being tied round with
three sets of strong webbing tapes
sewn to the back of the sleeves;
(c) body belt—fastened by a lock at the
waist, with steel wrist- lets at equal
distances at the sides in which the
wrists may be locked, the whole not
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The use of
handcuffs.

The use of the
strait waistcoat.

The use of the
body belt.
exceeding four pounds in weight.
(2) Nothing in this Regulation shall preclude the
use of a canvas suit in those cases where its use is authorised
by regulation 80.
77. The commandant of a military establishment who
orders the use of handcuffs on a soldier under sentence shall
state in his written order authorising their use whether they
are to be placed with the hands to the front or to the rear of
the body. When they are placed to the rear of the body they
shall be moved to the front during meals and for sleeping.
78. (1) The strait waistcoat shall not be used except
under the direction of a medical officer. It may be used only
when restraint is necessary to prevent a soldier under
sentence from injuring himself or others or to prevent him
from destroying clothing or other articles.
(2) The medical officer shall visit every soldier
restrained in a strait waistcoat at least once in every twenty-
four hours, and more often if he thinks it necessary. He shall
record in his journal all such visits, the periods of restraint
and the reasons for its application.
(3) A strait waistcoat shall never be applied for
more than twenty-four hours consecutively. If at the end of
that period the medical officer considers that it must
necessarily be continued he shall so order, but the restraint
shall not be applied until the soldier under sentence has been
free of any form of mechanical restraint for at least one hour.
(4) The medical officer shall inform the
commandant in writing when the restraint is discontinued.
79. (1) The body belt may be used only for restraining
a soldier under sentence who is of violent conduct and for
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The use of the
canvas suit.

Books of
religious
instructions

Chaplains.
whom no other means of restraint is appropriate.
(2) Subject to paragraph (1) the provisions of
regulation 78 as to the use of a strait waistcoat shall apply in
relation to the use of body belt.
80. (1) The commandant of a military establishment
may order a soldier under sentence to wear a canvas suit,
consisting of frock and trousers made of canvas sail-cloth, not
exceeding twelve pounds in weight. Such an order may he
made only in cases where the soldier under sentence destroys
or attempts to destroy his clothing or refuses to wear uniform.
(2) The commandant shall report to the visiting
officer on the occasion of every visit any subsisting orders
made by him under paragraph (1) and shall arrange for the
visiting officer to see every soldier under sentence who is
wearing a canvas suit.
(3) The commandant shall record every order
made under this regulation, the date from which the soldier
under sentence is required to wear a canvas suit and the date
when he authorises its removal.
PART VI
RELIGION, EDUCATION AND WELFARE
81. The commandant shall, so far as practicable, make
available for the use of every soldier under sentence such
books of religious observance or instruction as are recognised
for the use of his denomination and approved by the Chief of
Staff.
82. (1) Chaplains when present in a military
establishment for the purposes of their duties shall abide by
these Regulations and the standing or other orders made for
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Duties of
Chaplains.
Divine service.
the regulation thereof and consult the commandant
concerning the discharge of their duties.
(2) The commandant shall provide a book in which
chaplains may record any matters which they wish to bring to
the notice of the commandant.
(3) The commandant shall afford facilities to
chaplains to have access to soldiers under sentence for the
purpose of giving them religious instructions at times
approved by him.
83. (1) A chaplain of the same denomination as a
soldier under sentence shall visit him on admission, and
thereafter from time to time at proper and reasonable times,
and shortly before his release and references herein to include
references to an official of a non-christian faith.
In a case where there is no chaplain of the same
denomination as the soldier, the commandant shall arrange
for the soldier to be visited by a minister of his own
denomination, if (the soldier under sentence so wishes and it
is practicable to make the arrangements. In such cases the
soldier under sentence shall be informed of the provisions of
this paragraph as soon as possible after his admission.
(2) The commandant shall daily make available to
chaplains a list of soldiers under sentence who are sick, or
undergoing punishment in pursuance of these Regulations,
and shall afford facilities for them to be visited if requested by
a chaplain or by the soldier under sentence.
(3) In appropriate cases a chaplain shall officiate at
the burial of a soldier under sentence who dies in a milit.arv
establishment.
84. (1) Chaplains shall, whenever possible conduct
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Education.
divine service in military establishments on Sundays and on
other customary days and on such other convenient occasions
approved by the commandant as they may decide.
(2) A soldier under sentence shall be allowed to
attend the divine service of his denomination as often as he
wishes, and any soldier undergoing punishment under these
Regulations may attend divine service unless he is in close
confinement or excluded therefrom because of his disorderly
conduct, or because it is considered that his conduct would be
disorderly.
85. (1) The commandant of a military establishment
shall —
(a) provide educational training at such
times as are available, and in
accordance with any syllabus laid
down by the Chief of Staff;
(b) where there is accommodation
available, provide an information
room in which soldiers under
sentence, other than those in close
confinement, may study current
world affairs, read books, pamphlets
and newspapers, and consult maps
and books of reference. At the
discretion of the commandant soldiers
in close confinement may be
permitted to use the information
room at such times, and subject to
such conditions, as he thinks fit;
(c) where wireless sets and loud-speakers
are provided, make full use of them
for broadcasting news and
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Welfare.
educational matters to soldiers under
sentence;
(d) encourage soldiers under sentence to
assist in the education of other
soldiers under sentence;
(e) take a special interest in providing the
rudiments of education to any
illiterate soldier under sentence;
(f) encourage other educational activities
when circumstances permit;
(g) encourage soldiers under sentence to
study any special subject in which
they are interested and, at his
discretion, allow them to be provided
with the textbooks and reference
books which will enable them to do
so.
86. (1) The commandant of a military establishment
shall appoint an officer to act as welfare officer, and afford
facilities for soldiers under sentence to consult the welfare
officer when occasion requires.
(2) The welfare officer shall keep written records of
the matters on which he is consulted by soldiers under
sentence and if he has not completed any correspondence or
other dealings in connection therewith when a soldier under
sentence who is returning to his unit is released from a
military establishment, he shall send to the commanding
officer of the soldier a report on those matters accompanied
by any relevant papers and correspondence.
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Unlawful
conveyance of
spirits or
tobacco into
military
establishments.

Unlawful
introduction of
other articles.

Admission of
visitors and
others to
military
establishment.
PART VII
MISCELLANEOUS REGULATIONS AND OFFENCES
RELATING TO MILITARY ESTABLISHMENTS
87. No person shall, without the authority of the
commandant of a military establishment, bring or attempt to
bring into a military establishment or to a soldier under
sentence any spirituous or fermented liquor or tobacco, or
place any such liquor or tobacco outside a military
establishment with intent that it shall come into the
possession of a soldier under sentence, nor shall any member
of the staff of a military establishment allow any such liquor
or tobacco to be sold or used in the military establishment.
88. No person shall without lawful authority convey
or attempt to convey any letters or any other thing into or out
of a military establishment or to a soldier under sentence, or
place it anywhere outside a military establishment with intent
that it shall come into the possession of a soldier under
sentence.
89. (1) No unauthorised person shall enter a military
establishment or make any sketch or take any photograph or
communicate with any person under sentence therein, and no
such person shall remain therein after being requested to
leave by the commandant or any person acting under his
authority. In deciding whether to grant, or grant subject to
conditions, or refuse permission to enter a military
establishment the commandant shall have regard to the
orders of any court of competent jurisdiction, the provisions
of these Regulations and the directions or instructions of any
higher military authority.
(2) The commandant of a military establishment
may grant permission to any person to enter a military
establishment subject to any conditions and, without
prejudice to the generality of the foregoing words, he may
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Application of
these
Regulations to
unit detention
rooms.
make it a condition of granting permission to any person to
enter or do anything within a military, establishment that
such a person agrees to being examined and searched if
requested.
(3) The commandant may order the removal from
a military establishment of any person who, without
authority, enters a military establishment, or makes any
sketch or takes any photograph therein, or refuses to be
examined or searched or fails to comply with any condition
imposed by the commandant under this regulation.
(4) Any member of the staff of a military
establishment who suspects that a visitor or any other person
has committed any offence against these Regulations or being
in improper possession of any property used or intended for
use in the military establishment shall stop that person and
inform the commandant immediately, so that the
commandant may, if he thinks fit, order that person to be
examined and searched.
PART VIII
UNIT DETENTION ROOMS
90. (1) This Part of these Regulations shall apply in
relation to unit detention rooms and, subject to the provisions
of paragraph (2), all the provisions of these Regulations shall
apply in relation to unit detention rooms.
(2) The provisions of the regulations specified
below shall apply in relation to unit detention, rooms subject
to the modifications specified with reference thereto
respectively —
(a) regulation 65(2) sub-paragraphs (b),
(c), (d) and (g), and regulations 69 to
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Setting up unit
detention
rooms.

Segregation in
unit rooms.

Appointment
72 inclusive (which relate to the
p1unishment of offences against these
Regulations) shall not apply in
relation to unit detention rooms of a
unit of the women’s forces;
(b) regulation 74 to 80 inclusive — (which
relate to mechanical restraint) shall —
(i) not apply in relation to unit
detention rooms of a unit of
female members; and
(ii) apply in relation to unit
detention rooms (other than
unit detention rooms of a unit
of female members) only in so
far as they relate to mechanical
restraint by means of
handcuffs.
91. Unit detention rooms shall be under the control of
commanding officer of the unit under whose authority they
were set up, or of the commanding officer of another unit to
which they are appropriated by order of the local
commander.
92. Soldiers under sentence in unit detention rooms
shall be segregated from any soldiers confined therein
awaiting trial by court-martial, or disposal by a commanding
officer or appropriate superior authority, or awaiting
promulgation of sentence.
PART IX
VISITING OFFICERS
93. The local commander may order that an officer, in
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of visiting
officers.

Duties of
visiting
officers.
these Regulations referred to as a “visiting officer”, visits each
military establishment within his command once each week.
A written order appointing him shall be given to each visiting
officer.
94. (1) A visiting officer ordered to visit a military
establishment shall duly attend in accordance with the
instructions contained in the order appointing him.
(2) On arrival at a military establishment a visiting
officer shall, if required, produce the order appointing him to
the commandant or any officer or other person acting on his
behalf.
(3) The visiting officer shall not inspect the staff,
buildings or premises of a military establishment.
(4) Subject to the provisions of paragraph (6), a
visiting officer shall on the occasion of every visit see all the
soldiers under sentence in the military establishment either
on parade or in their rooms. Soldiers under sentence in close
confinement or in a medical detention room shall be seen in
their rooms or in the medical room, as the case may be.
(5) Subject to the provisions of paragraph (6) a
visiting officer shall ask all soldiers under sentence if they
have any complaints to bring to the notice of the visiting
officer. This question shall be asked by him and not by any
member of the staff on his behalf, and the question shall not
be qualified in any way, nor shall a soldier’s right to complain
be made subject to any condition. A soldier under sentence
who wishes to complain shall be asked by the visiting officer
if he wishes to make his complaint there and then or whether
he wishes to see him privately. If the soldier under sentence
wishes to make his complaint privately the commandant shall
arrange that a room is placed at the disposal of the visiting
officer in which he may hear any complaint made by the
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Investigation of
complaints by a
visiting officer.
soldier under sentence.
If the commandant thinks fit a member of the staff may
be present to ensure that there is no breach of discipline by
the soldier under sentence but, at the discretion of the visiting
officer, that member of the staff shall remain within sight but
out of hearing.
(6) A visiting officer shall satisfy himself that he
has seen all soldiers under sentence in the military
establishment except any whom he is requested not to see on
the advice of the medical officer on medical grounds.
95. (1) a visiting officer shall inquire fully into every
complaint made to him, and the commandant shall place at
his officers disposal any witness or evidence he requires. The
visiting officer shall ascertain if any complaint made to him
had previously been made to the commandant or other officer
of the staff of the military establishment and of the nature of
any action taken in relation thereto.
(2) On completion of the investigation of any
complaint made to him a visiting officer shall deal with it in
the following manner —
(a) if, in his opinion, the complaint was
not justified, he shall so inform the
soldier under sentence who made the
complaint;
(b) if, in his opinion, the complaint was
justified, he shall inform the soldier
under sentence who made the
complaint that he will report the
matter to the local commander.
(3) A visiting officer shall not in any circumstances
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Redress of
complaint
made to
visiting officer.
Duties of
commandant.
offer any redress to a soldier under sentence.
(4) On completion of each visit a visiting officer
shall make a report to the local commander, including a full
report of every complaint made to him and of the result of his
investigation thereof.
96. On receipt of a complaint reported to him by a
visiting officer the local commander shall investigate and take
any steps for redressing the matter complained of which
appear to him to be necessary.
PART X
STAFF OF MILITARY ESTABLISHMENTS
97.(1) The commandant of a military establishment
shall—
(a) exercise a close and constant
supervision of the military
establishment and, if practicable, visit
and inspect daily all parts of the
establishment in which soldiers under
sentence are working or training. He
shall also visit the military
establishment during the night at least
once a week. He shall make frequent
inspections of rooms occupied or used
by soldiers under sentence and satisfy
himself that foods intended for their
consumption are properly stored,
cooked and served;
(b) supervise and control the duties of the
officers and other members of the
staff of the military establishment,
and satisfy himself that the details
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and rosters of duties are prepared and
maintained in accordance with any
directions of the Defence Board and in
a manner to ensure the efficiency of
the establishment;
(c) maintain discipline amongst the
officers and other ranks who are
appointed to serve under his
command as members of the staff of
the military establishment;
(d) issue from time to time standing
orders for the staff and for particular
sections and members of the staff, and
examine any orders so issued from
time to time so that they may be
revised and maintained in accordance
with current requirements;
(e) from time to time call the attention of
all members of the staff to the
provisions of the Official Secrets Act;
(f) instruct the officers and staff of the
military establishment to maintain
discipline with firmness, but without
more repression or restriction than is
required for the safe custody of the
soldiers under sentence in a well-
ordered community life;
(g) encourage members of the staff to
enlist the willing co-operation of
soldiers under sentence by their own
example and leadership;

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Duties of
members of the
staff of military
establishments.
(h) interview every soldier under
sentence as soon, as possible after his
admission to a military establishment
and shortly before his release
therefrom;
(i) provide a soldier under sentence who
is discharged from the Force on
release from a military establishment
in Guyana with —
(i) a cash payment in respect of
subsistence not exceeding five
dollars;
(ii) the means of travelling at the
public expense to a place of
residence in Guyana selected
by the soldier under sentence,
in those cases where the
commandant is satisfied that
the soldier under sentence is
without available means for
that purpose;
(iii) civilian clothing on terms that
the soldier under sentence shall
pay the cost thereof, except in
those cases where provision is
made for the free issue of
civilian clothing or the soldier
under sentence can arrange for
civilian clothing to be sent to
him.
98. Members of the staff of military establishments
shall —
(a) carry out their duties in accordance
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with these Regulations, the standing
orders of the military establishment,
and the orders of the commandant;
(b) in relation to the soldiers under
sentence, preserve an attitude of
firmness tempered with
understanding and avoid any form of
harsh treatment, set an example of
integrity and fairness; endeavour to
create a feeling of respect and con-
fidence among the soldiers in their
charge, studying the characteristics of
the soldiers under sentence and
endeavouring to bring out the best in
them;
(c) direct the attention of the
commandant to any soldier under
sentence who may appear not to be in
good health though he may not
complain, or whose state of mind
appears to be deserving of special
notice or care, so that arrangements
may be made for the soldier under
sentence to be seen by the medical
officer;
(d) watch the soldiers under sentence in
their various movements and
employments throughout the day and
use vigilance to prevent unauthorised
communication between soldiers
under sentence;
(e) prevent prohibited articles from being
secreted for the purpose of being
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conveyed to soldiers under sentence
and immediately report any such
occurrence;
(f) ensure that nothing likely to facilitate
escape is left in any place where it
might be accessible to soldiers under
sentence;
(g) take the utmost care to guard against
accidents by fire, report any apparent
danger of such an accident;
(h) call attention to any defect in the
sanitation or ventilation in the
establishment which may come to
their notice;
(i) satisfy themselves, when on night
duty, as to the correctness of the
number of soldiers in their charge,
and that the rooms are securely
locked for the night;
(j) examine the state of the rooms,
bedding, locks, and bolts under their
charge from time to time, and report
thereon as required;
(k) seize all prohibited articles and
deliver them forthwith to the
commandant;
(l) when on night watch, patrol the
military establishment during the
period of their duty, and record their
patrols in the manner required;
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(m) when on gate duty, record the name
of every person passing through the
gate and keep a record of all stores
that pass through the gate; examine
all articles brought in or taken out of
the military establishment and stop
any person suspected of bringing in
or attempting to bring in any
prohibited article, or for carrying out
or attempting to carry out any
property intended to remain in the
military establishment for the
purposes thereof.
__________
[marginal notes]
FIRST SCHEDULE
PART 1
FORM 1
Regulation 19
Order for the committal of a soldier to a military
establishment on an award of detention by his Commanding
Officer
To the Commandant or other person in charge of…………(a)
Whereas No……………………..Rank…………………………...
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Name…………………………of the……………………(Unit)
was on the …………………day of………………..20……..
awarded detention for a period of…………………...days
by his/her Commanding Officer for the offence(s)
of……………………………………………………………………
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………
Now therefore, in pursuance of the Defence Act (Cap. 15:01)
and of all other powers me enabling, I hereby order you to
receive the said person into your custody and to retain
him/her to undergo his/her sentence according to law and for
so doing this shall be your warrant.
Signed at…………………..this………….day of………..…20….
(Signature)………………………………………………………(c)
Rank and Appointment…………………………………………
(a) Insert the name of the establishment.
(b) Set out the statement (not the
particulars) of the offence and the
relevant sections of the Defence Act.
Where there is more than one offence,
the statement of each must be set out.
(c) This form must be signed by the
Commanding Officer of the person
concerned.
FORM 2
Order for the committal of a person sentenced to
imprisonment or detention by a court-martial to a civil prison,
Cap. 15:01
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an overseas establishment or a military establishment.
To the Director, Commandant or other person in charge of …
………………………………………………………………….(a)
Whereas No…………………………….Rank…………………..
Name of the……(Unit)
was by a………………………(b) Court-Martial held at...........
convicted of the offence(s) of ……………………………………
………………………………………………………………………
………………………………………………………………………
……………………………………………………….…...............(c)
and, by a sentence passed on the……….day of………………
20……………, sentenced to imprisonment/detention for a
term of……………commencing on the said day, which
sentence has been duly confirmed in accordance with the
provisions of the Defence Act (Cap. 15:01)……………..(d) (e);
Now, therefore, in pursuance of the Defence Act and of all
other powers me enabling, I hereby order you to receive the
said person into your custody and to retain him/her to
undergo his/her sentence according to law and for so doing
this shall be your warrant.
Signed at this day of 20
(Signature) .(f)
Rank and Appointment
(a) Insert the name and address of the prison
or other establishment. A person
sentenced to detention must not be
committed to a prison.
(b) Insert “Ordinary” or “Field”, as the
case may be.

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(c) Here set out the statement (not the
particulars) of the offence and the
relevant sections of the Defence Act.
Where there is more than one offence
the statement of each must be set out.
(d) If any part of the sentence has been
remitted on confirmation insert “with
a remission of………………….”
(e) Where the original sentence was
death and has been commuted to
imprisonment or detention, for the
words in brackets substitute the
words “to suffer death which
sentence has been duly confirmed in
accordance with provisions of the
Defence Act, but has been commuted
into imprisonment/detention for a
term of……………….”, or, where the
original sentence was imprisonment
and it has been commuted to one of
detention substitute “to imprisonment
for a term of……………………………,
which sentence has been duly
confirmed in accordance with the
provisions of the Defence Act, but has
been commuted into a sentence of
detention for………………”.
(f) The committal form must be signed
by the Commanding Officer of the
person concerned, any officer under
whose command that person is for the
time being or by an administrative
staff officer not below the rank of
major or corresponding rank.
Cap. 15:01
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FORM 3
Order for the committal of a person sentenced to
imprisonment or detention by a Court-Martial held outside
Guyana where all or part of the sentence is to be served in a
civil prison or a military establishment in Guyana.
Whereas No Rank
Name of the………………….(Unit) was by
a……………………….(a) Court-Martial held at………..
convicted at the offence(s) of…………………………………….
…………………………………………………………….…….(b)
and by a sentence passed on the.......................day
of…………......20....
sentenced (to imprisonment (c) for a term of………………...
detention
commencing on the said day, which sentence has been duly
confirmed in accordance with the provisions of the Defence
Act (Cap. 15:01)
(d) (e);
(And Whereas the confirming authority (c) has (under section
123 of the reviewing authority Defence Act, directed that the
said person shall not be removed to Guyana until he has
served years and days of his sentence) (under the
Defence (Imprisonment and Detention) Regulations, directed
that the said person shall serve days of his sentence in
Guyana) (c).
Now, therefore, in pursuance of the Defence Act, and of all
other powers enabling me I do hereby order the Director,
Commandant or other person in charge of (g)
to receive the said person into his custody and to retain
him/her to undergo years and days of his/her
sentence according to law.

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And I do further order that the said person shall after
completion of the said part of his/her sentence or at such
earlier date as may be ordered be transferred to Guyana to
undergo the remainder or his/her sentence according to law
in such civil prison or military establishment as may be
appointed on his/her arrival in Guyana.
(a) And Whereas in accordance with the
provisions of section 123 of the
Defence Act, the said person is
required to be removed to Guyana as
soon as practicable after the
confirmation of the sentence;
confirming authority
(b) And Whereas the (c)
has, under the Defence;
reviewing authority
(Imprisonment and Detention) Regulations, directed that the
sentence shall be served in Guyana.
(j) Now, therefore, in pursuance of the Defence Act, and of all
other powers enabling me, I do hereby order that the said
person shall be transferred to Guyana in military custody to
undergo his/her sentence according to law in such civil prison
or military establishment as may be appointed on his/her
arrival in Guyana.
And I do further order that the Director, Commandant or
other person in charge of any civil prison or military
establishment, to which the said person may be brought in
Guyana shall receive him/her into his custody and retain
him/her to undergo his/her sentence according to law and for
so doing -this shall be sufficient warrant; And I do further
Cap. 15:01
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order that the said person shall be conveyed in military
custody and detained in military or civil custody so far as
appears necessary or proper for effecting his/her transfer to
the said civil prison or military establishment in Guyana.
Signed at this day of 20
(Signature).........................................................(k) Rank and
Appointment.......................................
In case of a Committal to any Intermediate Prison or Military
Establishment being necessary.
For the purpose of carrying the above order into effect and in
pursuance of the Defence Act, and of all other powers me
enabling, I do hereby order the Director, Commandant or
other person in charge (l) at
receive the abovenamed person into his custody and to detain
him/her until he/she can be transferred in pursuance of the
above order and to produce him/her when required for the
purposes of transfer, and for so doing this shall be sufficient
warrant.
This.................day of.........................20
(Signature).........................................................(k) Rank and
Appointment.......................................
Order on arrival in Guyana
In pursuance of the Defence Act, and of all other powers me
enabling, I do hereby order the abovenamed person to be
transferred to (m)
(j) Now, therefore, in pursuance of the Defence Act, and of all
other powers enabling me, I do hereby order that the said
person shall be transferred to Guyana in military custody to
undergo his/her sentence according to law in such civil prison
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arrival in Guyana.
And I do further order that the Director, Commandant or
other person in charge of any civil prison or military
establishment, to which the said person may be brought in
Guyana shall receive him/her into his custody and retain
him/her to undergo his/her sentence according to law and for
so doing -this shall be sufficient warrant; And I do further
order that the said person shall be conveyed in military
custody and detained in military or civil custody so far as
appears necessary or proper for effecting his/her transfer to
the said civil prison or military establishment in Guyana.
Signed at................ this.................day of.........................20
(Signature).........................................................(k) Rank and
Appointment.......................................
(a) Insert “Ordinary” or “Field,” as the
case may be.
(b) Here set out the statement (not the
particulars) of the offence and the
relevant sections of the Defence Act.
Where there is more than one offence
the statement of each must be set out.
(c) Delete as necessary.
(d) If any part of the sentence has been
remitted on confirmation insert “with
a remission ............................................
.............................................................“
(e) Where the original sentence was for
death and has been commuted to
imprisonment or detention, for the
Cap. 15:01
or military establishment as may be appointed on his/her
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words in brackets substitute the
words "to suffer death which sentence
has been duly confirmed in
accordance with the provisions of the
Defence Act, but has been commuted
into imprisonment/detention for a
term of .....................................................,
which sentence has been duly
confirmed in accordance with the
provisions of the Defence Act, but has
been commuted into a sentence of
detention for..........................................
(f) These paragraphs must be used only
where a part of the sentence is to be
served overseas before return to
Guyana.
(g) Insert the name and location of the
prison or other establishment where
part of the sentence is to be served
overseas.
(h) This paragraph must be used where
the sentence exceeds twelve months
and no direction has been given for
any part of it to be served out of
Guyana.
(i) This paragraph must be used where
the sentence does not exceed twelve
months but a direction has been given
under the (Defence Imprisonment and
Detention) Regulations that it shall be
served wholly in Guyana.
(j) This paragraph is to be used in
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conjunction with one or other of the
two preceding paragraphs where the
sentence is to be served wholly in
Guyana.
(k) This form must be signed by the
Commanding Officer of the person
concerned, any officer in or under
whose command he/she is for the
time being serving or by an
administrative officer not below the
rank of major or corresponding rank.
(l) Insert the name and location of the
prison or other* establishment where
the person concerned is to be detained
temporarily while awaiting transfer to
Guyana.
(m) Insert the name and location of the
prison or other establishment where
the person concerned is to serve
his/her sentence on arrival in Guyana.
(n) Omit these words where the whole
sentence is to be served in Guyana.
FORM 4
Order for the removal out of Guyana of a person serving a
military sentence of imprisonment or detention in Guyana
To the Director, Commandant or other person in charge
of...............................................................(a)
Whereas No Rank
Cap. 15:01
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Name of the (Unit)
is now in your custody undergoing military sentence of
Imprisonment (b);
Detention

And Whereas the (b) has
ordered that the said person be removed out of Guyana to
..................................................................(c) being (territory) (the
place where the (part of the) (d) unit to which he for the time
being serving
belongs is under orders to serve.
Now, therefore, in pursuance of the Defence Act (Cap. 15:01)
and of all other powers me enabling I hereby order you to
deliver up the said person to the officer, warrant officer or
non-commissioned officer producing this Order.
And I do further order that the said person shall be
transferred to
' (c) in military custody to undergo (the
remainder of) (e) his/her sentence according to law in such
military or overseas establishment as may be appointed on
his/her arrival.
And I do further order that the Director, Commandant or
other person in charge of the establishment to which the said
person is brought on his/her arrival in (c) shall receive
him/her into his custody and retain him/her to undergo (the
remainder of) (e) his/her sentence according to law and for so
doing this shall be sufficient warrant.
And I do further order that the said person shall be conveyed
in military custody and detained in military or civil custody
so far as appears necessary or proper for effecting his/her
transfer.
FORM 5
reviewing authority
reconsidering authority
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Order for the transfer of a person undergoing a military
sentence of imprisonment or detention from one prison or
other establishment to another.
To the Director, Commandant or other person in charge of
(a)
Whereas No. Rank. Name
of the (unit) is now in your custody undergoing a military
sentence of imprisonment/detention.(b)
Now, therefore, in pursuance of the Defence Act, Cap. 15:01
and of all other powers me enabling, I hereby order you to
deliver up the said person to the officer, warrant officer or
non-commissioned officer producing this Order;
And I do further order that the said person shall be
transferred in military custody to (c) and
that the Director, Commandant or other person in charge
thereof shall receive him/her into his custody and retain
him/her to undergo his/her sentence according to law, and for
so doing this shall be sufficient warrant;
And 1 do further order that the said person shall be conveyed
in military custody and detained in military or civil custody
so far as appears necessary or proper for effecting his/her
transfer.
Signed at this day of 20....
(Signature) (d)
Rank and Appointment
(a) Insert the name and address of the prison or other
establishment where the person concerned is undergoing
sentence.
(b) Delete as necessary.
(c) Insert the name and address of the prison or other
establishment to which the person is to be transferred.
(d) This form must be signed by the Commanding
Officer of the person concerned, any officer in or under whose
Cap. 15:01
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command he/she is for the time being serving or by an
administrative staff officer not below the rank of major or
corresponding rank.
FORM 6
Order for the temporary removal in custody of a person
undergoing a military sentence of imprisonment or detention
To the Director, Commandant or other person in charge of…..
………………………………………(a)

Whereas No.... Rank Name.
of the (Unit) who is now in your
custody undergoing a military sentence of imprisonment/
detention (b) is required to be present at
(c) on (d) for the purpose of (e);
Now therefore, in pursuance of the Defence Act, Cap. 15:01,
and of all other powers me enabling. I hereby order you to
deliver the said person to the officer, warrant officer or non-
commissioned officer producing this order;
And I do further order the said officer, warrant officer or non-
commissioned officer, and all other officers, warrant officer or
non-commissioned officers into whose custody the said
person may be delivered to keep him/her in military
custody and bring him/her to on
(e) for the said purpose, and thereafter, unless
he/she is released in due course of law, to return him/her to
the above- named establishment or to such other
establishment as may be appointed by proper military
authority and for so doing this shall be sufficient warrant.
Signed at this day of 2 0
(Signature) (f)
Rank and Appointment
If the establishment to which the person is to be returned is
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altered.
In pursuance of the Defence Act, and of all other powers me
enabling, I hereby order that the abovenamed person shall be
returned in military custody to (g) there to undergo
the remainder of his/her sentence according to law;
And I do further order the Director, Commandant or other in
charge of the said (h) to receive the said person into his
custody and to retain him/her accordingly and for so doing
this shall be sufficient warrant.
Signed at this day of 20
(Signature) (i)
Rank and Appointment
(a) Insert name and address of the prison or other
establishment where the person concerned is serving his/her
sentence.
(b) Delete as necessary.
(c) Insert the place where the person concerned is
required to attend.
(d) Insert the date or dates when attendance is
required.
(e) Insert the purpose for which the person concerned
is required to attend, e.g. “to give evidence before a Board of
Inquiry into
“, or "to be present at the hearing by the Court of
Appeal of his/her appeal to that Court" as the case may
require.
(f) This form must be signed by the Commanding
Officer of the person concerned, any officer in or under whose
command he is for the time being, or by an administrative
staff officer not below the rank of major or corresponding
rank. This form must not be used by the Director,
Commandant or other person in charge of the establishment
where the person concerned is serving his/her sentence.
(g) Insert the name and location of the prison or other
establishment to which the person is to be sent.
Cap. 15:01
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(h) Insert the name of the prison or other
establishment.
(i) This form must be signed by the Commanding
Officer of the person concerned, any officer in or under whose
command he is for the time being, or by an administrative
staff office not below the rank of major or corresponding
rank.
FORM 7
Order for the temporary removal in custody of a person
undergoing a military sentence of imprisonment or detention.
(Form for use by Director, Commandant or other person in
charge of the establishment where the person concerned is
serving his/her sentence).
To
Whereas No Rank Name
of the (Unit) is now in my custody undergoing
a sentence of imprisonment/ detention (a) and is required to
be present at (b) on , (c) for the purpose
of (d);
Now therefore in pursuance of the Defence Act (Cap. 15:01)
and of all other powers me enabling 1 hereby order you and
every other officer, warrant officer and non-commissioned
officer into whose custody the said person may be delivered,
to keep him/her in military custody and bring him/her to
(b) on (c) for the said purpose, and
thereafter, unless he/she is released in due course of law, to
return him/her to my custody or to such other establishment
as may be appointed by proper military authority and for so
doing this shall be sufficient warrant.
Signed at this day of 20
(Signature) (e)
Rank and Appointment
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If the establishment to which the person is to be returned is
altered.
In pursuance of the Defence Act, (Cap. 15:01) and of all other
powers me enabling i hereby order that the abovenamed
person shall be returned in military custody to (f) there
to undergo the remainder of his/her sentence according to
law;
And I do further order the Director, Commandant or other
person in charge of the said (g) to receive the said person
into his custody and to retain him/her accordingly and for so
doing this shall be sufficient warrant.
Signed at this day of 20
(Signature) (h)
Rank and Appointment
(a) Delete as necessary.
(b) Insert the place where the person concerned is
required to attend.
(c) L'sert the date or dates when attendance is
required.
(d) Insert the purpose for which the person concerned
is required to attend e.g., “to give evidence at a Board of
Inquiry into “,
or "to be present at the hearing by the Court of Appeal of
his/her appeal to that Court”, or as the case may require.
(e) This form is for use only by the Director,
Commandant or other person in charge of the establishment
where the person concerned is serving his/ her sentence and
must be signed by him or his deputy.
(f) Insert the name and location of the prison or other
establishment to which the person is to be returned.
(g) Insert the name of the prison or other
establishment.
(h) This form must be signed by the Commanding
Cap. 15:01
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Officer of the person concerned, any officer in or under whose
command he is for the time being serving or by an
administrative staff officer not below the rank of major or
corresponding rank.
FORM 8
Order for the temporary committal to civil custody of a
person under military sentence of imprisonment or detention.
To (a)
Whereas No Rank Name
of the (Unit) is a person in military custody in pursuance
of a military sentence of imprisonment/ detention (b)
Now, therefore, in pursuance of section 124(2) of the Defence
Act (Cap. 15:01) and of all other powers me enabling, I hereby
order you to keep the said person in custody for a period not
exceeding seven days unless the said person is earlier
discharged or delivered over in due course of law, and for so
doing this shall be your warrant.
Signed at this day of 20
(Signature) (c) Rank and Appointment
(a) Insert “the Director of Prisons [”The Superintendent of
Prison”]
“The Officer in charge of Police Station”
or as the case may require.
(b) Delete as necessary.
(c) This form must be signed by the Commanding
Officer of the person concerned.
FORM 9
Order for the return to military custody of a person under
military sentence of imprisonment or detention who is
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temporarily detained in civil custody.
To..... (a)
Whereas No Rank Name
of the (Unit) is now in your custody in pursuance of
section 124(2) of the Defence Act (Cap. 15:01);
Now, therefore, in pursuance of the said Act and of all other
powers me enabling, I hereby order you to deliver over the
said person into military custody to the officer/ warrant
officer /non-commissioned officer (b) producing this Order.
Signed at this day of 20
(Signature) (c)
FORM 10
Order for the Committal of a person ordered to undergo
imprisonment or detention under section 64(2) of the Defence
Act (Cap. 15:01) for contempt of a Court-Martial
To the Director, Commandant or other person in charge of.
(a)
Whereas (b) Court-Martial for trial of
(c) of which I am the President was on
this day of sitting at (d),
And whereas No. ..........................
Rank Name
..of the (Unit) was guilty of (e)
And Whereas the said Court-Martial did order the said
person to be imprisoned/ undergo detention (f) for a period of
days;
Now, therefore, in pursuance of subsection (2) of section 64 of
the Defence Act (Cap. 15:01) and of all other powers them
enabling the Court hereby order you to receive the said
Cap. 15:01
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person into your custody to undergo imprisonment/detention
(f) accordingly and for so doing this shall be your warrant.
Signed at this day of 20
Signature) (g)
Rank and Appointment
(a) Insert the name and address of the prison or other
establishment.
(b) Insert "Ordinary", or "Field", as the case may be.
(c) Insert the rank and name of the person being tried.
(d) Insert the place where the Court-martial was
sitting.
(e) Insert the statement of the offence under section
64(1) (e) or (f).
(f) Delete as necessary.
(g) This form must be signed by the President of the
Court-martial.
PART II
Regulation 20.
Order for the release of a person undergoing a military
sentence of imprisonment or detention
To the Director, Commandant or other person in charge of
(a). Whereas No........... Rank
(Unit) is now in your custody undergoing a
sentence of imprisonment/ detention (b).
Awarded by his*her Commanding Officer/ passed by court-
martial (b);
.
Now, therefore, in pursuance of the Defence Act (Cap. 15:01)
and of all other powers me enabling I do hereby order you to
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release the said person from custody.
Signed at this day of 20
(Signature) (c)
Rank and Appointment
(a) Insert the name and address of the establishment.
(b) Delete as necessary.
(c) This form must be signed by the reviewing or
reconsidering authority or an officer authorised to do so by
the Defence Board, and in the case of a soldier serving a
sentence of detention awarded by his Commanding officer
only by his Commanding Officer.
_________
SECOND SCHEDULE
Regulation 41.
Earnings of Soldiers under Sentence
Soldiers under sentence —
Rates per week
1. (a) During the first week of sentence following the
usual pay day, and during each of the following seven weeks
$ c. 30
(b) During the ninth week of sentence $ c. 30
(c) During the tenth and subsequent weeks, at least
$ c.50
(d) During the said tenth week and subsequent weeks of his
sentence a soldier under sentence who shows skills, diligence,
and a sense of responsibility in carrying out the work
required of him may, at the discretion of the commandant be
Cap. 15:01
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granted maximum weekly increments of 10c per week until
he is earning a maximum of
$ c.50
2. In respect of any part of a week before the first
week of a sentence following a usual pay day a soldier under
sentence may earn 5c a day, and during the last day of his
sentence before release, following a usual pay day, ne may
earn for each day one-fifth of the rate of pay which he was
earning in the week preceding the last usual pay day.
3. For the purposes of calculating a soldier's earning in
accordance with this schedule, Sundays shall be included,
and days during which a soldier is undergoing restricted diet
as a punishment shall be excluded.
4. If the commandant considers that the skill,
diligence and sense of responsibility shown by a soldier
under sentence are less than they should be, the rate of
earnings to which he is from time to time entitled in excess of
50c per week may be reduced by such amount as the
commandant thinks fit, but so that it shall not be reduced
below 50c per week.
5. A soldier under sentence who is in a medical
detention room of a military establishment or in a hospital
shall not be entitled to be credited with earnings greater than
50c. per week, or for any period less than a week, 10c a day.
6. When a soldier under sentence is admitted to
hospital the commandant shall endeavour to arrange with the
Commanding Officer of the hospital that goods may be issued
each week to the soldier from the canteen to a maximum
retail value of 50c. per week or such lower value equal to the
rate of the weekly earnings of the soldier under sentence
immediately before he was admitted to hospital and any sum
standing to his credit, and the commandant shall pay to the
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Commanding Officer of the hospital from time to time sums
equal to, the value of the goods so issued.
7. On the release of a soldier under sentence on
completion of his sentence he shall be entitled to be paid in
cash the balance of any earnings standing to his credit.
___________________
R. 1/1979 DEFENCE (BOARD OF INQUIRY) RULES
made under section 139.
Citation.
Interpretations.
1. These rules may be cited as the Defence (Board of
Inquiry) Rules.
2. In these Rules, unless the context otherwise
requires-
“authority” means the Defence Board or any officer
empowered by these Rules to convene a board;
“board” means a board of enquiry;
“civil authority” includes a coroner and the police;
“civilian witness” means a person who gives evidence before
a board and is either a person to whom section 210 of the
Act applies, or person who is not subject to service law;
“president” means the president of a board;
“record of the proceedings” includes the report of a board
and any opinion expressed by aboard in accordance with
any direction given by the authority;
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Duties of a
Board.

Matters for
reference to a
board.


“represented” means represented by an officer or by an legal
practitioner, and, outside Guyana, a pe4rson recognised
by then authority as having rights and duties similar to
those of a legal practitioner.
3. It shall be the duty of a board to investigate and
report on the facts relating to any matter referred to the Board
under these Rules, and if directed so to do, to express its
opinion on any question arising out of any such matter.
4. Subject to these Rules, a board may be convened
with reference to –
(a) The absence of any person subject to
service law has been continuously
absent without leave for a period of
not less than twenty one days, and the
deficiency (if any) in the clothing,
arms, ammunition or other
equipment or any other public
property or service property issued to
him for his use;
(b) the capture of any person subject to
service law by the enemy and his
conduct in captivity, if there are
reasonable grounds for suspecting –
(i) that he was a prisoner of war
through disobedience to orders
or wilful neglect of his duty; or
(ii) that having been made a
prisoner of war; he failed to
take any reasonable steps to
rejoin the force; or
(iii) that having been a prisoner of
war, he served with and aided
the enemy in prosecution of
active hostilities or in execution
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Defending and
staying
proceedings.
or furtherance of measures
calculated to influence morale,
or in any other manner
whatsoever not authorised by
international conventions or
customary international law;
(c) the circumstances causing or
attending the death of any persons in
a military establishment where an
inquiry into the cause of such death,
or the circumstances attending it, is
not required to be held by any civil
authority;
(d) any matter which the authority
decides to refer to a board.
5. (1) Subject to paragraph (2), where any matter is
the subject of investigation or inquiry under service law or by
a civil authority, or of proceedings in a civil court (whether
within or outside Guyana), if –
(a) a board has not been convened with
reference thereto, the authority may
defer the convening of a board until
the completion of such investigation,
inquiry or proceedings and, upon
completion thereof, the authority shall
not be required to convene a board, if
satisfied that a board is not necessary
in relation to that matter; or
(b) a board has already been convened
with reference thereto, the authority
may stay the proceedings of the board
until such investigation, inquiry or
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Convening of
Board.
proceedings have been completed and
shall then dissolve the board if
satisfied that a board is not necessary
in relation to that matter.
(2) Paragraph (1) shall not apply to the convening
of a board with reference to such absence or such deficiency
(if any) as is me3ntionhd in paragraph (a) of rule 4 but, where
the authority is satisfied that the absence was terminated, or
where the absence is attached to other legally constituted
military forces and the authority is satisfied that an inquiry
into the absence is being or will be held under service law,
then –

(a) if a board has not yet been convened
with reference to such absence the
authority shall not be required to
convene a board; or
(b) if a board has already been convened
with reference thereto, the authority
may forthwith dissolve the board.
6. (1) A board may be convened by order of the
Defence Board; or
(a) any officer not below the rank of
Major; or
(b) any officer commanding a unit or
detachment or the Force
(i) with reference to such absence
and such deficiency (if any) as
are mentioned in paragraph (a)
or rule 4;
(ii) if authorised by the Defence
Board, or any such officer as is
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Constitution of
board.
mentioned in subparagraph (b),
with reference to any particular
matter or to matters of any
specified class or description.
(2) Then following provisions of this paragraph
shall apply in relation to the order convening a board –
(a) the order shall specify the
composition of the board and the
place and time at which the board
shall assemble;
(b) the order shall specify terms of
reference of the board;

(c) the order may direct the board to
express an opinion on any question
arising out of any matter referred to
the board; and
(d) the authority may at any time revoke,
vary or suspend the order.
7. (1) A board shall consist of a president who shall be
an officer subject to service law not below the rank of
lieutenant and not less than two other persons subject to
service law, one of whom may be a warrant officer.
(2) The authority shall appoint the president by
name and each remaining member of the board either by
name, or by detailing a commanding officer to appoint from
persons under his command an officer or warrant officer of a
specified rank.
8. (1) A board shall assemble at the time and place
specified in the order convening the board.
Assembly and
procedure
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Oaths.

Schedule.

Adjournment
and
reassembly.
(2) The president shall lay the terms of reference
before the board shall proceed to hear and record the
evidence in accordance with these Rules.
9. (1) Immediately after the convening of the board, an
oath shall be administered to the president and the other
members of the board in accordance with this rule in the
presence of the person whose conduct is the subject matter of
the inquiry.
(2) The oath shall be first administered by the
president to the other members of the board and then to the
president by any member already sworn.
(3) An oath shall be administered by the president
or other member of the board to every witness, at any inquiry,
and to every shorthand writer and interpreter in attendance
there at.
(4) Every witness before the board shall be
examined on oath:
Provided that where a child of tender years called as a
witness does not in the opinion of the board understand the
nature of an oath, his evidence may be received though not
given on oath, in the opinion of the board he is possessed of
sufficient intelligence to justify the reception of the evidence,
and understands the duty of speaking the truth
(5) The oaths required to be administered under
this rule shall be administered in the appropriate form and in
the manner set out in the schedule.
10. (1) The president may adjourn the board on such
occasions and to such places as he may, from time to time,
direct.

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Witness.
Persons who
may be affected
by the findings.
(2) Without prejudice to paragraph (1), the
authority may at any time, if it appears necessary or desirable,
direct that the board shall reassemble for such purpose or
purposes (in relation to the subject matter of the inquiry) as
may be specified by the authority.
11. (1) A board shall hear the evidence of the
witnesses who have been made available by the authority and
may hear the evidence of such other persons as it thinks fit.
(2) While a civilian witness is giving evidence
before the board he may be represented, but, subject to rule
12, his representative shall not be entitled to be present at any
other time.
(3) A civilian witness shall be entitled to receive
from the Defence Board the reasonable expenses of his
attendance and a reasonable allowance in respect of loss of
time.
(4) A board may receive any evidence which it
considers relevant to the matter referred to the board,
whether oral or written, and whether or not it would be
admissible in proceedings in court of law in Guyana.
12. (1) Where it appears to the authority or, if a board
has been convened, either to the authority or, to the president
that any witness or other person, being a witness or other
person subject to service law, may be affected by the findings
of the board, the authority or, as the case may be, the
president, shall take such steps as are in his view reasonable
and necessary to secure that such witness or such other
person has notice of the proceedings, and if he so desires, has
an opportunity of being present and represented at the
sittings of the board, or at such part of the proceedings
thereof as the authority or, as the case may be, the president
may specify.
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Exhibits.
(2) Any such witness or other person may give
evidence, cross examine witnesses, or produce any witness to
give evidence on the matter which may affect him and, if he is
represented, his representative may cross examine witnesses,
but a representative shall not address the board, except with
the permission of the president.

(3) This rule shall also apply to a witness or other
person who, though not subject to service law, is in the
service of the State and who may be affected in his character
or professional reputation by the findings of the board.
13. (1) Subject to paragraph (2), any document or
thing produced to a board by a witness when giving evidence
shall be made an exhibit.
(2) When an original document or book is
produced to a board by a witness, the board may, at the
request of the witness, compare a copy of it or an extract
therefrom of the relevant part with the original, and after it
has satisfied itself that such copy or extract is correct and the
president has certified thereon that the board has compared it
with the original and found it correct, the board may return
the document or book to the witness and attach the copy or
extract to the record of the proceedings as an exhibit.
(3) Every exhibit shall –
(a) be marked with a reference number or
letter and be signed by the president
or have a label affixed to it bearing a
reference number or letter and the
signature of the president; and
(b) be attached to, or kept with the record
of the proceedings, unless in the
opinion of the board it is not
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Report of
board.

Rule 9.
expedient to attach it, or keep it with
the record.
14. (1) The president shall record in writing or cause
to be so recorded, the proceedings of the board and in
sufficient detail as to constitute a true, full and correct record
as will follow the course of the proceedings.
(2) Where there is no shorthand writer present, the
evidence shall be taken down in narrative form recording as
nearly as possible the words used:
Provided that, if the board considers it necessary, any
particular question and answer shall be taken down verbatim.
(3) The evidence of each witness, as soon as it has
been taken down in accordance with paragraph (2), shall be
read over to him by a member of the board and shall be
signed by him.
(4) A record of the proceedings shall be signed by
the president and other members of the board and forwarded
to the authority.
15. Where a board reports that a person subject to
service law has been absent without leave or other sufficient
cause for a period specified in the report, not being less than
twenty one days and there is a deficiency in any clothing,
arms, ammunition or other equipment or other public
property or service property issued to him for use, a record of
the report shall be entered in the service books in addition to
a record of the report of such absence required to be entered
in the service books by section 130 of the Act.
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SCHEDULE
PRESIDENT AND MEMBERS
1. I…………………………………………….....………….,
do swear that I will well and truly investigate the matter
before this board of inquiry according to the Defence Act,
without fear or favour, affection or ill will; and I do further
swear that I will not on any account at any time whatsoever
disclose the vote or opinion of the president/any member of
this board of inquiry* unless thereunto required in due
course of law.
So help me God.
SHORT HAND WRITER
2. I ……………………….…………………………………,
do swear that I will to the best of my ability truly record the
evidence to be given before this board of inquiry and such
other matters as may be required, and will, when required,
deliver to the board of inquiry a transcript of the same.
So help me God.
*Delete if not applicable,
INTERPRETER
3. I……………………………………………………….,
do swear that I will to the best of my ability interpret and
translate as I shall be required to do touching the matter being
investigated.
So help me God.
WITNESS
4. I, ……………………………………………..…………..,
do swear that the evidence which I shall give at this
investigation shall be the truth and nothing but the truth.
So help me God.
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___________________
Reg. 1/1979 DEFENCE (COMPENSATION FOR LOSS OF
PROPERTY) REGULATIONS
made under section 212
Citation.
Definitions.
Investigation of
loss or damage
to public
property or
service
property by an
officer or
soldier.
1. These Regulations may be cited as the Defence
(Compensation for Loss of Property) Regulations.
2. In these Regulations, unless the context otherwise
requires—
“board officers” means a board appointed by the Chief of
Staff, consisting of not less than three officers, the
president of which shall be of or above the rank of major;
“commanding officer” has the meaning assigned to it in
section 88 of the Act;
“damage” includes destruction;
“prescribed rules” means the Defence (Board of Inquiry)
Rules, made in pursuance of section 139 of the Act.
3. (1) Where it is alleged that loss of, or damage to,
public property or service property has been occasioned by
the wrongful act or negligence of any officer or soldier, such
an allegation shall be investigated by a board of enquiry
convened by order of the commanding officer in accordance
with the prescribed rules.
(2) If, after such investigation as is mentioned in
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paragraph (1), the commanding officer is satisfied that –
(a) the loss or damage was occasioned
by the officer or soldier; and
(b) such officer or soldier will not be
charged by a court martial or a civil
court with an offence arising out of
such loss or damage,
he may order deductions from the pay and allowances of
such officer or soldier payable out of public funds of such
amount not exceeding the value of the loss or damage as in
the circumstances he may deem equitable compensation for
such loss or damage.
(3) Any officer or soldier against whom an order is
made under paragraph (2) may, within fourteen days after
the order has been made, apply in writing to a board of
officers for a further examination of his case, and the board of
officers may give directions to the commanding officer as to
the confirmation, modification or questioning of the order.
(4) Any sum of money deducted or otherwise paid
by the person responsible under regulation 3 may be
refunded by the Accountant General, acting on the
recommendation of the Defence Board.
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Defence (Compensation for loss of Property) Regulations
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