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18 1954

DEFENCE ACT, 1954

Chapter III.

Arrest and Courts of Inquiry on Absent Men.

Provost Marshal.

170. —For the prompt suppression of all offences a provost marshal of commissioned rank may from time to time be appointed.

Arrest.

171. —(1) Any person subject to military law, who has committed, is found committing, is suspected of being about to commit, or is suspected of or charged under this Act with having committed an offence against military law, may be placed under arrest.

(2) In the circumstances mentioned in subsection (1) of this section—

(a) a provost marshal or an officer legally exercising authority under a provost marshal or on his behalf may arrest or order the arrest of any officer;

(b) a provost marshal or an officer or non-commissioned officer legally exercising authority under a provost marshal or on his behalf may arrest or order the arrest of any man;

(c) an officer may arrest or order the arrest of—

(i) any man,

(ii) any officer of lower rank,

(iii) any officer of equal or higher rank who is engaged in any quarrel, affray or disorder;

(d) a non-commissioned officer may arrest or order the arrest of any man;

(e) any person subject to military law who is so authorised by any commanding officer may arrest or order the arrest of a person subject to military law other than an officer or a man.

(3) Every person authorised by subsection (2) of this section to effect arrest may use such force as is reasonably necessary for that purpose.

(4) An order given under subsection (2) of this section shall be obeyed although the person giving the order and the person to whom and the person in respect of whom the order is given do not belong to the same service corps or unit.

Placing of person arrested in service custody.

172. —Where a person has been arrested under section 171, he may forthwith on his being arrested be placed in service custody by or on the order of an officer, man or other person having authority to arrest him, and for this purpose such force as is reasonably necessary may be used.

Guard report.

173. —(1) Any person who under section 172 places any other person in service custody shall, at the time he does so or as soon as practicable thereafter, and in any case not later than twenty-four hours thereafter, deliver to the officer or man into whose custody the person is committed, an account in writing signed by himself of the offence with which the person so committed is charged.

(2) Any officer or man commanding a guard or a provost marshal or any of his assistants or any officer or man shall not refuse to receive or keep any person who is placed in service custody under section 172.

(3) It shall be the duty of an officer or a man who takes or receives any person (in this subsection referred to as the prisoner) into custody, as soon as he is relieved from guard or duty or, if he is not sooner relieved, within twenty-four hours after he took the prisoner into custody,—

(a) to give in writing to his commanding officer—

(i) the name and, as far as is known to him, the offence with which the prisoner is charged, and

(ii) the name and rank (if any) of the person by whom the prisoner was committed, and

(b) if he has received the account in writing referred to in subsection (1) of this section, to deliver it to his commanding officer.

Court of inquiry on absent man.

174. —(1) When a man of the Permanent Defence Force has been absent without leave from his duty for a period of twenty-one days, a court of inquiry in relation to such man may as soon as practicable be assembled.

(2) When any man of the Reserve Defence Force is subject to military law by reason of his being called out on permanent service or in aid of the civil power or for annual training and is illegally absent from duty, a court of inquiry in relation to such man may be assembled after the expiration of twenty-one days from the date of such absence, whether the period during which such man was subject to military law is or is not less than twenty-one days or has or has not expired before the expiration of twenty-one days from the date of such absence.

(3) Where a court of inquiry in relation to a man is assembled under subsection (1) or (2) of this section, the following provisions shall have effect—

(a) the court shall inquire in the prescribed manner on oath or solemn declaration (which any member of such court is hereby authorised to administer) respecting the absence of such man and the deficiency (if any) in his arms, ammunition, equipment, instruments, service necessaries and clothing,

(b) if the court is satisfied that such man has absented himself without leave or other sufficient cause, the following provisions shall have effect, that is to say:—

(i) the court shall declare such absence and the period thereof, and the said deficiency (if any);

(ii) a record of such declaration shall be entered by his commanding officer in the service books;

(iii) in case such man is a man of the Permanent Defence Force or a man of the Reserve Defence Force called out on permanent service, such record shall, if such man does not afterwards surrender or is not apprehended, have the legal effect of a conviction by court-martial for desertion.