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Admiralty references: N.L.3058/49, N.L.5861/49, N.L.188/50, N.L.1120/50, N.L.1080/51, N.L.4701/51, N.L.4783/51, N.L.3538/52,N.L.3597/52 SECTION I. MISCONDUCT OF OFFICERS 1901. Arrest of officers. If an officer should disobey orders or otherwise misbehave he may be placed in arrest, and a report of the offence shall be transmitted by the Captain to his superior authority as soon as possible, see 2081. But if the Captain should be induced from any circumstances to release him from arrest, and to withdraw or allow to be withdrawn the charge against him, such officer is to return to his duty without prejudice to the future investigation of any complaint which he on his part may make relative to such arrest. 2. If the Captain or other superior officer should consider the cause for placing an officer in arrest to be of such a nature as to necessitate its being brought before a court-martial, but circumstances of the Service should render it necessary that the officer in arrest should be released without the withdrawal of the charge against him, he may so release him, and the officer shall return to his duty accordingly, without prejudice to his future trial or to the inquiry into the charge on which he was placed in arrest. 1902. Logging offences. If the Captain should consider an offence committed by an officer to be of such a nature as to necessitate its being recorded with a view to future reference under the provisions of Article 2190 (B. R. 11, Article 469, (1) (a) (ii) ), he is to cause the facts to be entered 1n the ship's log (Form S.322), and the statement which is logged is to be read by the officer, who is to sign his name to it as evidence of his knowledge of the entry. At the same time a copy of the entry and the signature thereto is to be prepared and certified by the Captain in accordance with Article 2240 (B. R. 11, Article 461 (1) ), for production at any court-martial where the same may be required. This copy is to be filed in the Captain's office until the ship pays off, when it should be destroyed. 2. Offences which are logged should not be reported to the Admiralty unless the Captain considers the matter sufficiently serious to warrant a permanent record against the officer, when the report of the logging should be submitted to the Commander-in-Chief to decide whether it should be communicated to the Admiralty. 3. The recording of an offence in the ship's log, whether reported to the Admiralty or not, does not constitute a punishment under the Naval Discipline Act and is not a bar to subsequent trial by court-martial for the offence. 1903. Punishment of officers. No punishment under the Naval Discipline Act, other than those authorised by Section 57 for subordinate officers, may be awarded to officers except by sentence of court-martial or disciplinary court. 2. An officer may however be placed on half pay by order of the Admiralty on account of an act or acts of misconduct otherwise than as the result of a sentence by court-martial. V. SUMMARY PUNISHMENTS 1904 3. An officer who has been guilty of misconduct or who has unfitted himself for service on the Active List by irregular and imprudent conduct, may be placed on the Retired List, whether lie has been tried by court-martial or not, under the powers of the Admiralty defined in Appendix 4. 1904. Punishment of subordinate officers. The following punishments may be awarded to subordinate officers under Section 57 of the Naval Discipline Act:
2. Forfeiture of seniority is to be reserved for very serious misconduct where the officer has sufficient seniority to enable the punishment to be awarded; an officer cannot be deprived of more seniority than he possesses at the time of punishment. The normal punishment is to be forfeiture of time. 3. When forfeiture of seniority is awarded, the forfeiture will be noted in the Navy List by the post-dating of the seniority of the officer. Where forfeiture of time is awarded the result will be a delay of promotion to the extent specified and no change will appear in the Navy List. The awards of either of these punishments in the case of Midshipmen of the Executive Branch will not necessarily involve a corresponding delay in their examinations in seamanship for promotion; time and seniority forfeited will be taken into consideration in determining their seniority as Sub-Lieutenants on completion of their shore courses for Lieutenant. 4. Forfeitures of seniority or forfeitures of time are to be recorded in the ledger and where these punishments are awarded by the Commander-in-Chief or by the Captain a report of the circumstances is to be forwarded to the Admiralty. SECTION II. MISCONDUCT OF RATINGS 1906. Method of trial of ratings. Where a rating is charged with an offence triable under the Naval Discipline Act, the Captain of the ship to which the man belongs at the time either of the commission or of the trial of the offence may at his discretion deal with the case summarily, in accordance with Sections IV and V, or apply for a court-martial, provided that:
III. INVESTIGATION OF OFFENCES 1909 2. It is essential that the regulations relating to summary punishments should be complied with meticulously. Failure to comply in detail with the regulations may well render a punishment illegal and make annulment unavoidable. 3. Where the approval of a senior officer is required by the regulations relating to summary punishments and an officer of the Royal Navy of appropriate rank is not available but such an officer of the Royal Australian Navy or the Royal New Zealand Navy is available, his approval for the warrant should be sought, as such officers are "superior officers" for the purpose of the Naval Discipline Act, see Appendix 8. SECTION III. INVESTIGATION OF OFFENCES 1908. Investigation of offences. The formal investigation of offences is, when the Service and circumstances admit, to be deferred until the day following that of the committal of the offence. Punishment for mutiny, however, may take place at any time when immediate example is necessary. Hasty charges are invariably to be discouraged, but no avoidable delay should take place in the investigation of a charge or in signing and reading the warrant. The fact that an offender's Service documents are not available should not normally delay the investigation of an offence, although some delay in the infliction of punishment is acceptable, if the documents are not held, provided they are expected within a reasonable time. The man's own statements regarding his service, badges, etc., or the best evidence available should be accepted if undue delay is expected. 2. All charges are to be investigated fully on the quarterdeck or other suitable place, in the presence of the complainant and the accused, who, as well as the witnesses, are to be heard fully and with impartiality. When a chief petty officer, petty officer or rating is brought before an officer as a defaulter he is to take off his cap. 3. The accused, his Divisional Officer or other friend (1911 (1) ), the complainant and the Master-at-Arms (or the person performing his duties) are to be present throughout the investigation. The witnesses are to withdraw when they have given their evidence. They are to be kept apart and out of earshot so that they cannot hear what other witnesses are saying when giving evidence. 4. An officer is not to deal summarily with a case in which he is personally concerned. If a man is charged with an offence against the Captain and the case is not serious enough for a court-martial, the accused is to be transferred to another ship at the first opportunity and dealt with by his new Captain, his former Captain attending as a witness. 5. The investigating officer must in all cases consider whether the evidence is to be recorded, and in all serious cases this is to be done. 6. Nothing must appear in the charge which directly or indirectly refers to a previous offence. Unless the case is one which the investigating officer has already decided to pass up to superior authority he may, in order to decide whether to do so or not, request to sec the accused's service documents on completion of the investigation and before announcing any decision. 7. In all investigations which are prima facie likely to be sent up to higher authority, care must be taken not to encourage the accused to make himself liable to cross-examination (see 1915 (1) ) and any cross-examination should be conducted with great discretion to avoid putting the accused in the position of prejudicing his defence at a later trial. Therefore the putting of leading questions to the accused or his witnesses is to be deprecated. 8. For cases of drunkenness, etc., see 1914 and 2238 (B.R. 11, Article 462a). For unnatural offences, seethe memorandum on the subject issued in Confidential Admiralty Fleet Orders. Where a Medical Officer is directed to examine a man, such examination should take place in the sick bay and not on the quarter deck. 1909. Investigations by Officer of the Watch and Executive Officer. With the exception of investigations under Article 1910 all accusations are to be brought before the Officer of the Watch, who, unless they are minor charges with which he can deal (1924), will forward them to his superior. 2. In investigating charges which, if proved, would be beyond their powers of punishment, the aim of the Officer of the Watch and of the Executive Officer should be to limit the investigation to 1910 DISCIPLINE (PART II) what is necessary to satisfy themselves that a prima facie case is made out and to the collection of evidence when it is important that evidence be collected immediately. 3. Nevertheless, whether the Officer of the Watch or the Executive Officer decides to deal with the case himself or to send it up to superior authority, the accused must always be given the opportunity of making a statement and of calling witnesses if he wishes to do so. On the caution to be given to the accused if he wishes to make a statement on a serious charge, see 1915. 1910. Investigations by Departmental and Divisional Officers. Departmental and Divisional offences may be investigated in accordance with Article 1924. If the offence is one which cannot be dealt with by Departmental and Divisional Officers within any powers delegated to them under that article, the case should be sent up direct to the Executive Officer and is not to be brought before the Officer of the Watch. 1911. Investigations by Captain. In any case where an offence is alleged which may be brought before the Captain, the accused may request, and is to be afforded at the earliest stage at which this is reasonably possible, the assistance of any officer or other person in his ship whose assistance is reasonably available. If no such request is made it is the duty of the Divisional Officer (see 3124) or such otber officer as the Captain may detail, having regard to the requirements of the case, to advise the accused in the statement of his case at all stages. The officer or person so acting, may be changed at any stage either at the request of the accused, or through the exigencies of the Service. 2. To enable the Captain to preserve an impartial position, the Executive Officer is in all serious cases to act as prosecutor, to examine witnesses for the prosecution and to cross-examine, if necessary, those for the defence, but see 1908 (7). 3. In the more serious cases investigated by the Captain the evidence is to be recorded in writing. 1912. Accused sick or in Military or R.A.F. detention barracks. Should the accused be on the sick list or in a military or R.A.F. detention barrack, the investigation may, at the discretion of the Captain, be postponed until the man is fit for duty or discharged from the detention barrack. See 2029 Offences committed in military detention barracks. 2. Should an offender be in such a state of health as to be unable to undergo all, or any part, of the summary punishments to which he may have rendered himself liable, and should it appear probable that he will be invalided out of the Service, or remain a considerable time unfit for punishment, the punishment due to his offence is nevertheless to be awarded, and, should it require a warrant, the warrant is to be completed and duly signed and read, in order that he may not, by non-infliction of the punishment, escape the consequences, such as loss of pay, badges, etc., which accompany the award of certain punishments. See also 2085 Sickness of accused persons and offenders. 1913. Identification of suspects. When an offence has been committed and it is possible that witnesses may not be certain of the identity of the person apprehended, an identity parade is to be held. The accused is to be fallen in with, if possible, at least eight other persons of the same or similar height, age, appearance and rig as himself. The accused is to be allowed to stand where he pleases and is to be asked whether he has any objection to the arrangements. His Divisional Officer, or the officer or other person who may have been appointed to advise and assist him (see 1911), should attend, but other spectators must be excluded. 2. Such witnesses should be admitted singly and asked to identify the suspect; their reactions are to be recorded. If a witness desires it, all the persons on the parade are to be ordered to remove or replace their caps, speak, walk, or do anything else that would assist in identification; all such actions are to be recorded. After each witness has withdrawn the accused is to be given an opportunity to change his position in the rank. Witnesses who have inspected the parade are to be segregated from those who have not. No witness is to be allowed to see the suspect before he is fallen in with others in the position of his choice nor must he be shown photographs or given any description of the suspect before the parade. 1914. Excited or drunken men. All altercations with excited or drunken men are to be avoided. No man under the influence of temper or drink is to be placed in a situation likely to excite him further and thereby lead him to acts of violence or insubordination. IV. POWER TO AWARD SUMMARY PUNISHMENTS 1921 1915. Statement by accused - Caution to be given. When an accused person is on his trial before an officer competent to award punishment, it is always to be made clear to him that he is not compelled to give evidence on his own behalf and he is also to be warned that if he elects to give evidence on his own behalf he renders himself liable to cross-examination by the complainant and examination by the officer trying the case. 2. In serious cases, including those investigated by the Officer of the Watch and the Executive Officer which are likely to be brought before the Captain, the investigating officer should bear in mind that a confession made before him by the accused will not be admissible in evidence at a courtmartial or at any other investigation into any other offence unless the accused has first been cautioned that he is not obliged to say anything unless he wishes to do so and that any statement he may make may be given in evidence. 3. The caution to the accused is to be in the following form:-" Do you wish to say anything in answer to the charge? You are not obliged to say anything unless you wish to do so; but whatever you say will be taken down in writing and may be given in evidence." 4. Once the caution has been given no question is to be asked save to point out an ambiguity and ask if the accused wishes to clear it up, or to point out that no reference has been made to some charge and ask if the accused wishes to say anything about it. In particular, nothing must be said which indicates that the accused is expected to make any further statement. 5. Care should be taken to avoid any suggestion that the accused's answers can only be used in evidence against him, as this may prevent an innocent person making a statement which might assist to clear him of the charge. 6. When there is a probability that evidence of a confession or denial by the accused made at a preliminary investigation will be required at a subsequent court-martial, the accused's statement is to be taken down carefully in his own words, read over to him, signed by him and countersigned by the Captain or investigating officer. The written statement should then be proved in evidence at his trial. 1916. Documentary evidence. Conviction on documentary evidence alone is acceptable only when the witnesses (e.g. civilians) cannot be made available and the accused admits the charge. When only documentary evidence is available and the accused admits the charge, this fact should be brought out on page 1 of the punishment warrant. If the accused pleads not guilty and the necessary witnesses cannot be made available in the ship or establishment to which he belongs, consideration should be given to drafting him temporarily to a ship or establishment in the area in which the offence was committed, for the investigation to be carried out. 1917. Liability to further trial for same offence. When at, or as the result of, a formal summary investigation of an offence, the officer authorised to award punishment indicates by word or act that he has come to a definite conclusion as to the guilt or innocence of the accused, e.g. by forwarding a punishment warrant for the approval of a Senior Officer, or by dismissing the case, the accused cannot be tried again for the same offence, even though-further facts tending to show his guilt may be discovered. 2. If the Executive Officer refers the case to the Captain, as requiring a more severe punishment than he is authorised to award, or if the Captain applies for the offender to be tried by court-martial, n; neither of these facts is of itself a bar to a subsequent trial, provided the precautions mentioned are observed. SECTION IV. POWER TO AWARD SUMMARY PUNISHMENTS 1921. Independent commands. The Captain of an independent command (see Explanation of Terms) is authorized to award, under the prescribed conditions, the several punishments given in Article 1931, Table I. He is responsible for all punishments inflicted in the ship; that none are awarded or inflicted other than those authorized by Article 1931, which are established by the Admiralty under the powers conferred by the Naval Discipline Act; and that no officer or other person shall order any punishment, except the officers specified in the following articles, to whom the Captain may have seen fit to delegate authority to punish within the prescribed limits. This article 1922 DISCIPLINE (PART II) does not apply to punishments which may be inflicted in shore establishments by the senior R.A.F. officer in command of an organised R.A.F. unit remaining subject to the Air Force Act, see 1810. 2. In the temporary absence of the Captain of an independent command, the senior Executive officer on board (other than an officer appointed additional for staff or special duties) assumes the powers and duties of the Captain. The senior Executive officer on board is, however, only to assume the powers of punishment of the Captain when, owing to sickness or other circumstances, the Captain has ceased to exercise command, see 0146 and 0147. 3. Punishments requiring warrants are not to be inflicted by officers in command below the rank of Commander without the approval, on page 3 of the warrant, of an officer of or above that rank, except in cases of extreme urgency in time of war or of ships abroad on detached service for long periods. The Commander-in-Chief or Senior Officer is to give such directions as may be necessary to carry this into effect. 4. This article applies to all ships commissioned as independent commands, irrespective of the fact that the accounts may be carried in some other ship. 1922. Tenders or boats detached. When a tender (see Explanation of Terms) is absent from her parent ship, or ships' boats are away on detached service, summary punishments, whether by warrant or otherwise, may be awarded by the officer in command of such tender, or the officer in command of ships' boats, without previous reference to the Captain, but warrant punishments are not to be inflicted by officers in command below the rank of Commander without the approval, on page 3 of the warrant, of an officer of or above the rank of Commander, except in cases of extreme urgency in time of war or of tenders or boats abroad on detached service for long periods. Similarly when two or more tenders are absent from the parent ship and are in company or acting together, summary punishments may be awarded by the officer in immediate command of such tenders. The regulations regarding the approval of a superior authority for certain warrant punishments apply to punishments inflicted under this article. 2. The order of such Commanding Officer on Form S.245 shall be a sufficient authority for sending an offender to a place of imprisonment or detention, there to undergo his sentence and, until he reaches such place of imprisonment or detention, for keeping him in naval custody, or, where a person is sentenced to imprisonment, in any civil prison or place of confinement. 3. The officer in command of a detached tender or tenders may delegate in writing to the officer in command of any tender or tenders similarly absent from the parent ship and temporarily under his orders, and to the Executive Officer of his own vessel or such other tenders as are under his orders, the same powers as those which the Captain of the parent ship is authorised to delegate under Article 1928. 4. The Captain of the parent ship may, at his discretion, restrict the powers to be exercised under this article according to the circumstances, including the time that the tender or boat will be away and the seniority and experience of the officer who is to be in command. 5. Ratings in command have no power of punishment under the Naval Discipline Act and such powers cannot be delegated to them. 1923. Men on detached service; Naval Air Sections and Units. The power of awarding summary punishments may be exercised by the officer in immediate command of ratings and other ranks on detached service on shore or otherwise, without previous reference to the Captain, provided, when dealing with Royal Marines, that they have not been made subject to military law by an order under the Army Act, or, when dealing with airmen, that they have not been made subject to air force law by an order under the Air Force Act. 2. These powers may be exercised by Executive officers in command of Naval Air Sections and organised Naval Air Units at Royal Air Force stations. The Captain of the parent ship or establishment is however authorised to restrict the powers of punishment exercised by the officer in command of such detachments and should in each case consider whether it is desirable to do so. 3. Instructions to officers in charge of drafts in ships other than H.M. ships are laid down in Article 1731. 1924. Delegated authority to punish. The Captain may, by written authority, delegate to the officers mentioned in the following table, when and so long as he may see fit, authority to award the punishments specified. In addition he may so delegate to any of these officers authority to award No. 15 punishment (Admonition). See also 1926 about Royal Naval Barracks. I1. POWER TO AWARD SUMMARY PUNISHMENTS 1924
1925 DISCIPLINE (PART II) 1925. Amphibious Warfare establishments. Where 300 or more Royal Marine ranks are serving at an Amphibious Warfare establishment, the Captain may by written authority delegate to Royal Marine officers on the staff of the establishment, when and so long as he may see fit, authority to award punishments to Royal Marines as follows:-
2. Where the number of Royal Marine ranks serving in an Amphibious Warfare establishment is less than 300 the Captain may, at his discretion, delegate in writing to the senior commissioned officer of the Royal Marines the powers at Clause 1. See also 1812. 1926. Royal Naval Barracks. In the Royal Naval Barracks at Portsmouth, Chatham, Devonport and Lee-on-Solent the provisions of Article 1924 apply and in addition the Commodore may, by written authority, delegate powers of punishment as follows:-
IV. POWER TO AWARD SUMMARY PUNISHMENTS 1929 2. Authority to award No. 14 punishment up to five days and No. 15 punishment for offences in connection with drill and instruction may also be delegated in writing by the Commodore to:
1927. Royal Naval Hospitals and Hospital Ships. The Captain of a ship on whose books sick berth ratings are borne for duty at a R.N. Hospital or in a naval Hospital Ship may delegate authority in writing to award summary punishments to sick berth ratings as follows:
1928. Tenders in company with parent ship. The Captain of a parent ship may, by written authority, delegate to officers of a tender (other than a drifter, launch or small craft) in company with the parent ship, when and so long as he may see fit, authority to award punishments as follows:
2. Should the Captain of the parent ship be away for such length of time as to cause an undesirable delay in investigating complaints not disposed of under any authority delegated in accordance with Clause 1, he may, irrespective of the instructions in Article 1921 (2), delegate to the officer next in seniority to him, whether borne part complement or additional, the power of dealing with offenders in the vessels under his orders. 3. Where a ship is commissioned as an independent command with accounts carried in a parent ship, the Captain of the independent command retains full authority to punish, under Article 1921, and the ship is not to be treated as tender to the parent ship in this respect. 1929. H.M. land and air forces embarked as passengers. The regulations for the discipline of Her Majesty's land and air forces embarked as passengers in Her Majesty's ships, made by Order in Council under Section 88 of the. Naval Discipline Act, are given in Appendix 7. 2. Under these regulations the Captain is authorised to award, by warrant, certain specified summary punishments to private soldiers and aircraftmen, but not to higher ranks, for offences against the good order and discipline of the ship. 1931 DISCIPLINE (PART II) 3. The Captain is also authorised to delegate to the officer commanding the troops or body of the air force, by written authority in the form laid down in Appendix 7, Part II, power to award certain specified summary punishments to private soldiers and aircraftmen respectively. The Captain has no authority to award these particular punishments himself. 4. The Captain is not authorised to delegate to the Executive Officer of the ship the power of punishing a soldier or airman. 5. The following schedule of offences, though not exhaustive, is intended to serve as a guide to the Captain in respect of offences which it is advisable to leave to the military or air force authorities to deal with after disembarkation, and for committing which he would therefore place the offender under arrest or in close confinement:
6. These regulations are applicable to Royal Marines taking passage from one unit under the Army Act to another unit under the Army Act, see 1811 (4). SECTION V. SUMMARY PUNISHMENTS 1931. Summary punishments. The directions contained in the following tables of summary punishments are to be observed by all concerned. Before awarding any optional accompanying punishments, care should be taken, by reading the relevant explanatory articles, that the optional punishment can properly be awarded. 2. Every punishment inflicted must be applicable to the offence and to the offender at the time he committed the offence of which he stands convicted. 3. Inconsiderate punishments, as well as needlessly protracted punishments, should be avoided, and only so much severity resorted to as may be necessary for the prevention of crime or offences, and for the maintenance of proper order and discipline. The magnitude of the punishment should be in proportion to the gravity of the offence and the previous character of the offender, but regard should also be had to any consequences which may arise indirectly as a result of the offence or of the award, particularly in regard to the charges against the offender's pay under Article 2069 for offences of absence or desertion, or under Article 4606 for damage or loss of stores, etc. In cases of repeated offences, the effect of gradually increasing a minor punishment until the maximum is V. SUMMARY PUNISHMENTS 1931 reached should be tried before resorting to one higher in the scale, but such leniency should not be unduly prolonged in the case of the habitual offender. 4. The duration of every punishment, except imprisonment or detention postponed under Article 2022 is to be reckoned from the date of its award, and such punishments as require a warrant for their execution ate not to be considered as awarded until the warrant has formally been read. See 1938 for the summary award of concurrent and consecutive sentences. 5. Summary punishments which are carried out in the ship, except:- (No. 6) Confinement in cells are to be suspended on Sunday, but that day is to count as part of the period for which any sentence is awarded. 6. Table III is designed to make clear the consequential effects of warrant punishments. The Admiralty attach great importance to the desirability of furnishing a full and adequate explanation of the direct and indirect consequences of his sentence to every man who is awarded a punishment, whether by court-martial or summarily. Responsibility for imparting such information is laid by Article 3124 (2) on Divisional Officers. It also lies on any other person who may be chosen by an accused person to represent him (1911 (1) ). Ratings are given a lecture on the consequential effects of punishments towards the end of their Part II New Entry training. To Boys such a lecture is to be given after they leave the Boys' Training Establishments and shortly before they gain the " Tr." qualification at sea. The Captain is to bear in mind the desirability of repeating such information to all ratings at a later stage in their career. See also 0869(5) on discharge - S.N.L.R."
1931 DISCIPLINE (PART II) TABLE III. CONSEQUENTIAL EFFECT OF WARRANT PUNISHMENTS.
1932 DISCIPLINE (PART II) 1932. Preparation of punishment warrants. Warrants on Form 5.271 are to be completed for the award of the following summary punishments:
2. The Captain is to be very careful that the warrants are correctly drawn up and completed in every detail as required by the established form. The charge is to follow as closely as possible the wording of the appropriate section of the Naval Discipline Act and the examples given in B.R. 11 Admiralty Memorandum on Naval Court Martial Procedure, further particulars necessary to indicate the full extent and circumstances of the offence being then added. A minor exception is the description of leave-breaking offences, which should follow the charges shown in Articles 1969 (5) and 1974. 3. Every summary punishment awarded, and every punishment which must accompany that award, is to be set out in the appropriate column on page 2 of the warrant, except that stoppages of pay, leave and grog necessarily involved in a sentence of cell punishment, detention or imprisonment are not to be shewn. When mulcts or stoppage of leave are remitted under Articles 1971 and 1972, only the number of days mulct actually charged against the offender, or the number of days stoppage of leave actually enforced, is to be entered on the warrant as part of the punishment, any remissions being noted in the space provided in the punishment column on page 2 of the warrant. 4. Care is to be taken to ascertain whether a rating with many years service is in possession of a Long Service and Good Conduct Medal and, if forfeiture or deprivation is obligatory, that it is included in the punishment warrant, see 1958 (3). 5. In cases of desertion the Captain's decision regarding forfeiture of decorations in accordance with Article 2071 should be inserted in the space provided on page 2. 6. In the first warrant made out for a man in any quarter all his offences during the preceding six months in the ship are to be entered on page 4 of the warrant, but for his previous time in the ship only those offences punished by warrant. Should a man be punished by warrant more than once during a quarter in the same ship, only the offences committed since the date of the last warrant are to be entered, with the number and date of the previous warrant. 7. Warrants are to be numbered consecutively from the date of the ship being commissioned or re-commissioned; for ships in continuous commission a new series is to be started on 1st January each year. 8. Further notes on the completion of warrants will be found in B.R. 49 Naval Secretariat Handbook. 1933. Approval of warrants. `After the warrant has been signed, the approval of any superior authority, if such is required by the regulations, is to be obtained on page 3. 2. If prior approval of a warrant cannot be obtained from the prescribed authority within a reasonable period, the warrant may be approved by the Senior Officer present, who is to report particulars of the case without delay to the Administrative Authority of the ship concerned. A copy of the correspondence is to be inserted in the relevant punishment warrant. For approval of dismissal see 1943 (5). 3. If for any reason a Senior Officer regards a punishment as inadequate he should so inform the Captain who proposed the punishment, in order that the latter may reconsider the matter and amend the proposed punishment if he thinks fit. Even this degree of intervention should be exercised sparingly and only where it is definitely required in the interests of uniformity of punishment; no two cases are identical and, as responsibility for assessing the punishment is imposed primarily on the Captain, intervention by superior authority is justified only in the event of the penalty proposed by the Captain being so low as to result in a miscarriage of justice. The warrant is not to be dated until it is read. Once the warrant has been signed by the Captain it must not be altered in any V. SUMMARY PUNISHMENTS 1936 material detail except as provided in Article 1934; in particular the charges must not tie altered after the investigation of the offence is completed. 1934. Modification of sentence. At any time before the warrant is formally read, although it may have been signed, the Captain is free to modify or even withdraw any sentence if, on further consideration, it should appear to him desirable to do so. When the warrant has been approved by a superior authority, the concurrence of the superior officer is to be obtained for such modification or withdrawal. Once a warrant has been read the Admiralty alone has power to modify or annul any part of the sentence. 1935. Formal reading of warrant. After signature, and approval where necessary, the warrant is to be dated and formally read forthwith to the offender by the Commanding Officer. Should an unusual interval elapse between the date of the offence and the reading of the warrant, the cause is to be stated on the warrant and in the Daily Record of Offences. 2. As a general rule the formal reading is to be carried out on the quarter-deck, and should be preceded by the Article of War under which the offence falls. Unless the Captain should think it necessary for the sake of example, the previous offences entered in the warrant are not to be read. 3. Where an offender whose case has been investigated has been sent to hospital under the provisions of Article 2085, the warrant is to be formally read to him in hospital, unless the Medical Officer shall certify that the offender is medically unfit to have the warrant read to him, in which case the formal reading may be carried out on the quarter-deck in his absence, and such formal reading of the warrant shall have the same effect as if it had been read to the offender. The fact of a warrant having formally been read in the absence of the offender is to be stated on the warrant and is to be notified to him as soon as he is in a fit state to receive such notification. 1936. Right of certain ratings and non-commissioned officers, to elect trial by court-martial. If a chief petty officer or petty officer, or a person of equivalent rating or a non-commissioned officer is charged with an offence which, if proved, would justify his being summarily punished by one or more of the following:
or if a leading rating or a person of equivalent rating is charged with an offence which, if proved, would justify his being summarily punished by one or more of the following: the procedure prescribed in this article is to be followed. 2. A formal and public investigation is to be held by the Captain, a careful summary of the evidence of the witnesses for and against being made at the time in such a way that it can, if necessary, be incorporated in Form 5.270 in due course. 3. Both before and during the investigation the accused is to be afforded the assistance required under Article 1911 (1). 4. If the Captain thinks that the proper punishment for the offence, should it be proved, would be at least the punishment shown in Clause 1(d) or (g) (depending on the rating or rank of the accused) or in the case of men who cannot be disrated (see 1946 (1)) at least the punishment shown in Clause 1 (c), he is at the conclusion of the investigation to give the accused a copy of Form S.268 (Rights of Accused Persons) and to inform him in the following terms : " I consider that this charge, if I hold that it is proved, and proceed to convict you, would justify your punishment being at least one of summary disrating or reduction in rank, or summary dismissal from H.M. service (as appropriate), but before I reach and announce my findings I have to inform you that you can, if you desire it, be tried by court-martial, and I have to give you not less than 24 hours for the purpose of reflection, during which time I will consider the matter further." 1937 DISCIPLINE (PART II) When a chief petty officer or petty officer who cannot be disrated, or a leading rating or equivalent rating, is to be dealt with summarily for an offence other than any of those set out in Article 1941, the only one of the punishments set out in Clause 1 of this article, which if considered appropriate by the Captain can properly be awarded and at the same time give a right to elect trial by court-martial, is dismissal. In such circumstances, when giving the option to elect trial by court-martial, the Captain must omit the words " at least " from the above formula. 5. If the accused, after the specified period, indicates that he does not wish to be tried by court-martial, the Captain, if he decides that the accused is guilty, should proceed to convict and should take such steps as may be necessary to obtain prior approval to the punishment awarded, by sub-mission, on page 3 of the warrant (Form 5.271), to a Commander-in-Chief or Flag Officer, or in cases involving dismissal by submission on Form 5.246, accompanied, if necessary, by a warrant. The warrant should be accompanied by Form 5.270, on which each of the witnesses is to sign the summary of the evidence he has given. The warrant is to be signed but neither dated nor read until the necessary approval has been obtained, unless such approval cannot be obtained within a reasonable period, when the procedure in Article 1933 (2) is to be followed. 6. Should the accused elect to be tried by court-martial, the necessary steps for that purpose are to be taken. 7. Should the exigencies of the Service, such as a single ship being on detached service, not permit a court-martial to be assembled within a reasonable period, the Senior Officer present may, if he considers it necessary, direct the Captain to deal with the case summarily. If in these circum-stances the Captain awards one of the punishments shown in Clause 1 of this article, the Commander-in-Chief or Flag Officer is to order a board of inquiry to assemble at the earliest possible date. If the report indicates that a lighter punishment would have been sufficient, he is authorised, where the punishment was disrating or reduction in rank, to restore the rating or rank from a date to be fixed by him; where the punishment was superior to disrating or reduction in rank, he is to seek Admiralty directions without delay. The accuser and the accused, together with the tatter's friend, are to be present during the whole of the time that witnesses are being examined before the board of inquiry. A report, including the minutes of the inquiry, a copy of the warrant and Form S.270, is to be forwarded to the Admiralty. IMPRISONMENT AND DETENTION (Nos. 1 & 2) (See also Chapter 20, Section II)1937. When to be awarded. IMPRISONMENT. Sentences of imprisonment should normally be confined to men who will not return to the Service on the expiration of their sentence and to men who have already undergone several sentences of detention without effect. Imprisonment may, however, be awarded m lieu of detention in places where there is no detention accommodation available within reasonable distance, and when this is done a note to that effect is to be made on the punishment warrant and Record of Offences Sheet. See 2017 (6) on ratings under the age of 21 years. 2. Imprisonment may be awarded summarily for a period not exceeding three calendar months; a sentence of 90 days cannot legally be awarded if that period exceeds three calendar months. The maximum sentence that can be awarded in February, in other than a leap year, is therefore 89 days. The maximum period for absence without leave is limited by statute to 10 weeks, except in time of war. 3. As the amount of physical punishment involved in imprisonment depends in a great measure on the discipline and dietary observed in the gaols to which the prisoners are committed, and on the climate, Captains should consider these points when they commit offenders to prisons situated out of the United Kingdom. See 2026 (5) on good conduct remission. 4. DETENTION is considered to be a more suitable punishment than imprisonment, and should be awarded in preference to the latter when the offender will be retained in the Service, unless he has already undergone several sentences of detention without effect. 5. The maximum length of a summary sentence of detention is subject to the same limits as one of imprisonment (Clause 2), except that detention should not be awarded for a period of less than 10 days. See 2026 (5) on good conduct remission. V. SUMMARY PUNISHMENTS 1943 1938. Summary award of concurrent and consecutive sentences. Apart from the exception permitted by Article 2008, sentences of imprisonment or detention awarded summarily cannot run consecutively. When an offender who is serving a sentence of imprisonment or detention is awarded summarily another sentence of imprisonment or detention the two sentences must run concurrently. 1939. Right to elect trial by court-martial. On the right of certain ratings and non-commissioned officers to elect trial by court-martial when faced with the possibility of the summary punishment of imprisonment or detention, see 1936. 1940. Accompanying punishments. A sentence of imprisonment or detention carries with it stoppage of pay and loss of time for the period of the sentence less any remission, except in connection with advancement (B.R. 1066). It shall always carry with it, where applicable, deprivation of good conduct medal and badges, and further, for a chief petty officer, petty officer or leading rating, disrating to a grade below that of leading rating (subject to the limitations laid down in Article 1941 (1) ), and for a non-commissioned officer, Royal Marines, when under the Naval Discipline Act, reduction to the ranks. See 1504 (5) on removal from Welfare Committee. 1941. Restrictions regarding certain ratings. Chief petty officers and petty officers who can be disrated and non-commissioned officers, Royal Marines, are not to be sentenced summarily to imprisonment or detention except for desertion. They cannot be disrated (or reduced in rank) and sentenced summarily to imprisonment or detention for the same offence unless it is desertion. 2. Chief petty officers and petty officers who cannot be disrated, leading and equivalent ratings and men wearing good conduct badges, are not to be sentenced summarily to imprisonment or detention except for the following offences:
1942. Approval required. In order to secure as much uniformity as possible, officers awarding sentences of imprisonment or detention are to obtain the approval of a Commander-in-Chief or Flag Officer to the proposed award on the warrant before it is dated and formally read. See 1933 (2) for procedure when approval cannot be obtained within a reasonable time. See also 2019 on selection of place of confinement. DISMISSAL FROM HER MAJESTY'S SERVICE (No. 3) 1943. Dismissal. If an offender is considered unworthy of retention in H.M. service, he may be dismissed from H.M. service. Only in exceptional cases, however, is a person to be dismissed before the various punishments to which he has rendered himself liable have been inflicted upon him and found to have no effect in reforming him, nor is anyone to be dismissed if the Commander-in-Chief should consider it likely that the offender would recover his character if transferred to another ship. See 2074 on dismissal as a punishment for deserters and persistent leave-breakers. 2. A man who has committed an offence deserving imprisonment or detention and whose past record clearly shows that he is unworthy of retention should properly be dealt with by imprisonment and dismissal. Imprisonment followed by discharge S.N.L.R. (services no longer required), or detention accompanied by summary dismissal are not normally appropriate. 1944 DISCIPLINE (PART II) 3. When the punishment of dismissal is deserved and is applicable under the Naval Discipline Act, the Captain shall, with the assistance of the Executive Officer and the offender's Divisional Officer, enquire carefully into the case and report it fully on Form 5.246 to the Commander-in-Chief. 4. Should any of the optional accompanying punishments be proposed, the necessary punishment warrant should accompany the Form 5.246 to the Commander-in-Chief. Dismissal does not automatically entail deprivation of good conduct badges or medal and these punishments should, therefore, be included in the sentence, if appropriate. 5. Dismissal is not to be ordered without the prior approval of the Admiralty at home or the Commander-in-Chief abroad. A Commander-in-Chief at home may, however, order dismissal if circumstances require that the punishment of dismissal be made effective immediately and it would be prejudicial to the Service to await Admiralty approval. Any such dismissal ordered by a Commander-in-Chief at home is to be reported by signal to the Admiralty. 6. No punishment accompanying a sentence of dismissal is to be awarded until the dismissal is approved by the Admiralty or Commander-in-Chief. 7. A sentence of dismissal accompanied by other punishments is to take effect from the date the warrant for the accompanying punishments is read. If unaccompanied by other punishments, the sentence is to take effect from the date of approval by the Admiralty or the Commander-in-Chief. See 0984 (4) which forbids grant of leave. 8. When dismissal is approved by a Commander-in-Chief, the Form 5.246 is to be forwarded to the Admiralty with the quarterly punishment return. 1944. Dismissal abroad, or passage home. If a person dismissed should desire it, and there is no objection on the part of the local authorities to his landing, he may be dismissed abroad provided that his domestic responsibilities in the United Kingdom do not render such a course undesirable; otherwise, he may be sent home by the first opportunity of a ship-of-war or transport. If sent in a ship-of-war, the Captain is to be informed of his offences and is not on any account to order him to work except in emergency. On arrival in England he is immediately to be discharged to shore. 1945. Right to elect trial by court-martial. On the right of certain ratings and non-commissioned officers to elect trial by court-martial when faced with the possibility of summary dismissal see Article 1936. DISRATING OR REDUCTION TO THE RANKS (No. 4) 1946. Disrating or reduction in rank. A man may be disrated for misconduct to any rating in his own category or to any lower class in his rating, or be reduced in rank, or in the case of the Regulating Branch may, with the exception of ex-Royal Marines, be disrated to a rating in his former branch for which he is qualified, provided that no man be disrated or reduced:
2. When considering whether an offender of the Regulating Branch should be disrated to a rating in his former branch, the Captain should bear in mind that a man so disrated may have to qualify professionally for re-advancement, and the effect of the punishment can therefore be more severe than if he were disrated within the Regulating Branch. 3. When a man holding the Long Service and Good Conduct Medal is disrated or reduced, deprivation of the medal is obligatory and must be included in the warrant, but deprivation of good conduct badges is not a consequential effect of disrating although it may be imposed in appropriate cases. 4. The approval of a Commander-in-Chief or Flag Officer is to be obtained on the warrant in all cases except for the disrating of a leading rating not in possession of the Long Service and Good Conduct Medal. See 1933 (2) on procedure when approval cannot be obtained within a reasonable time. 5. For the effect of disrating on specialist qualifications see B.R. 1066 Advancement Regulations. See also 1504 (5) on removal from Welfare Committee. V. SUMMARY PUNISHMENTS 1950 6. In order to avoid any differentiation between conditions of re-advancement of men disrated summarily and those disrated by court-martial, the Captain, when seeking the approval of a Commander-in-Chief or Flag Officer for a sentence of disrating or for any sentence which involves disrating (see 1931, Table 1), is to recommend on page 3 of the warrant (Form 5.271) whether the man should be eligible for re-advancement by his Captain or whether re-advancement should be permitted only with Admiralty approval. The Commander-in-Chief or Flag Officer's decision is to be recorded on the man's service certificate, in accordance with Article 1056 (10) (d) (i), and will be final unless amended by the Admiralty during review of warrant punishments. 7. The procedure in Clause 6 is to be used when a leading rating, whose summary punishment involved disrating, has been given the option to elect trial by court-martial (see 1936). Where a leading rating is simply disrated, and so has not been given the option of trial by court-martial, his re-advancement is automatically at his Captain's discretion and the above procedure need not be followed except that the rating's service certificate must be noted in accordance with Article 1056 (10) (d) (i). 8. With regard to re-advancement after disrating, Commanding Officers are to ensure that equal consideration is given to men whose re-advancement is subject to Admiralty approval and to men whose re-advancement is at the Captain's discretion, and that consideration is given as soon as a rating is qualified for re-advancement under the rules laid down in B.R. 1066 Advancement Regulations. It is particularly desirable that men who can be re-advanced only with Admiralty approval are not overlooked, and to ensure this Commanding Officers are to keep such men under periodical review, representing to the Admiralty cases of all men in this category as soon as they can be recommended and are eligible for re-advancement. It is not necessary to wait for a man to prefer a request for re-advancement before action is taken. 9. On the right of certain ratings to elect trial by court-martial when faced with the possibility of summary disrating see Article 1936. 1947. Acting ratings. A man holding an acting rating may be disrated by warrant as a punishment, when the ordinary procedure should be followed and the disrating will have the usual effect on assessment of character, good conduct medal, etc. 1948. Reversion is not a punishment and is not to be used as a means of dealing with an offence, see B.R. 1066. 1949. Re-advancement. The regulations for the re-advancement of men disrated or reduced in rank are given in B.R. 1066 Advancement Regulations. The nature of the offence for which a man has been disrated is a material factor to be considered when the Captain decides whether a man is fit for re-advancement after the minimum period of " V.G." conduct laid down in B.R. 1066. A note in writing of the offence is, therefore, to be attached to the man's service certificate and is to remain until he is re-instated in his former rating. REDUCTION TO SECOND CLASS FOR CONDUCT (No. 5) 1950. Offences for which awarded. Reduction to the second class for conduct is an appropriate punishment for men for whose continual slackness or misconduct the repeated award of lesser punishments has proved ineffective. When awarded to such men the circumstances should be brought out on page 1 of the punishment warrant by inserting after the charge " This being the culminating offence of a series of minor offences." This phrase should not of course form part of the actual charge used. 2. This punishment is seldom appropriate to men with good records and apart from the cases referred to in Clause 1, it may be awarded only for the following offences. It should not normally be awarded for first offences.
1951 DISCIPLINE (PART II)
3. It is not to be awarded in conjunction with a sentence of cells, detention or imprisonment unless there are exceptional circumstances which render such heavy additional punishment necessary. 4. The approval of a Commander-in-Chief or Flag Officer (or Commodore abroad) is to be obtained. See 1933 (2) for procedure when approval cannot be obtained within a reasonable time. 1951. Restrictions as to rating. Chief petty officers, petty officers and leading ratings, who cannot be disrated cannot be reduced to the second class for conduct. Those who can be disrated and non-commissioned officers, Royal Marines, can only be reduced to the second class for conduct if disrated below leading rate (or reduced to the ranks). Deprivation of any good conduct badges held and of the Long Service and Good Conduct, if held, is obligatory in all cases. 2. The punishment is not applicable to Boys or Apprentices. 1952. Penalties. Men reduced to the second class for conduct are to be subjected to the following penalties
2. Men in the second class for conduct are not to be employed on special or isolated duties. They are liable to be dealt with exceptionally if they misconduct themselves. See 1504 (5) as to ineligibility for Welfare Committee. 3. Ration, lodging and other compensatory allowances are to be excluded when making conduct deductions. For accounting procedure see B.R. 1950 Naval Pay Regulations. 4. The words " Second class for conduct " are clearly to be noted in red ink after the names in the ledgers, transfer lists, draft notes, etc., of the ships on whose books the men are borne, whether for pay, victuals or discipline only. 1953. Restoration. Should the Captain be satisfied with the behaviour of a man in the second class for conduct, and have reason to believe that he wishes to reform, he may restore the man to the first class at any time after one calendar month. Restoration is to be considered, whether the man applies or not, at the end of one month from the date of reduction or, if a sentence of imprisonment, detention or cells, was awarded at the same time, after one month from the date of return to duty, and thereafter at monthly intervals. Time in desertion and time for which pay is not allowed is not to be counted towards the minimum period of one month. 2. If, however, on account of any particular act of gallantry, or other exceptionally meritorious behaviour, the Captain, or for a Royal Marine serving under the Army Act his Commanding Officer (as defined in Army Rule of Procedure No. 129) should consider a man to be deserving of restoration to the first class before he has been one month in the second class, the Commander-in-Chief (or Commandant-General for a Royal Marine serving under the Army Act) may approve such restoration. 3. Notwithstanding any sentence of imprisonment, detention or confinement in cells, or time lost in desertion, or through any other cause, restoration to the first class is not to be deferred beyond six months from the date of reduction. Should the period expire before the date of recovery of a deserter who has been reduced, he is to be regarded as in the first class from the date of recovery. 4. If a man leaves the ship while in the second class for conduct, the Captain is to note on the Recommendation for Advancement and Conduct Record Sheet or on the Company Conduct Sheet V. SUMMARY PUNISHMENTS 1955 for Royal Marines the date on which he proposes that the man should be restored to the first class, and his character on discharge from the ship is to be assessed on the Recommendation for Advancement and Conduct Record Sheet according to the proposed date of restoration. If a man's papers are not available this information should be notified immediately by letter to his new Captain. 5. The provision of Articles 1950 to 1953 regarding reduction to the second class for conduct and restoration to the first class are applicable to Royal Marines serving under the Naval Discipline Act. Royal Marines reduced to the second class for conduct while serving afloat who cease to be subject to the Naval Discipline Act on disembarkation before being restored to the first class, will remain subject to the conduct deduction of one-sixth of their daily pay until they are restored to the first class by their Commanding Officer (as defined by Army Rule of Procedure No. 129) in accordance with the provision of Clauses 1 to 3, but the other penalties involved will cease on disembarkation. CELLS (No. 6) 1954. Cell punishment. Solitary confinement in a cell is limited to 14 days. It carries with it deprivation of badges and forfeiture of pay and time, except in connection with advancement (B.R. 1066), for the period of the confinement. A warrant is required in all cases, and the punishment is not to be carried out unless the man has been examined by a Medical officer who has certified that he is medically fit to undergo the sentence. A sentence of cells cannot be suspended or postponed. 2. Leading ratings who can be disrated are not to be sentenced to cells. They cannot be disrated and awarded cell punishment for the same offence. Leading ratings who cannot be disrated may be awarded cells but only for the following offences or those specified in Article 1941 (2) :
3. Confinement in any closed space, other than the established cells or under a canvas screen is forbidden. Cells are to be not less than six-and-a-half feet in length, three feet in breadth, and the full height between decks, and they are to be ventilated properly. Cells are not to be made or altered without authority of the Admiralty at home or the Commander-in-Chief abroad. 4. No man is to be confined in a cell in which the temperature exceeds 80 deg., except where there is direct ventilation through the ship's side from the outer air. 5. A man sentenced to confinement in a cell may undergo his punishment on board a ship other than his own, at the discretion of the Senior Officer present, or on shore in cells approved by the Admiralty or the Commander-in-Chief abroad. 1955. Routine to be followed. A man sentenced to cells is to be checked for victualling in the ledger for the period during which he is actually undergoing his sentence but the day on which the warrant is read is to count as a complete day of the sentence irrespective of the actual time at which confinement commences. He is to receive the following ration. daily:
2. He is to pick daily, Sundays excepted, either two pounds of tarred hemp or six pounds of tarred sisal, which is to be weighed when given to him and again when received from him. 3. He is to be deprived of tobacco, knives, razors, writing material, and all books and papers, except a Bible, other books of a religious nature, suitable books of instruction and any available educational text books for which he may apply. 1956 DISCIPLINE (PART II) 4. He is to keep himself and his cell clean. After the third day's confinement he is to be brought on deck under the sentry's charge for two hours a day, one hour a.m. and one hour p.m. He may be given the normal forms of arms drill during these exercise periods. 5. He is to be allowed to attend Divine Service on Sundays when a service of his denomination is held on board or in the establishment. 6. He is to be visited night and morning in hot climates by a Medical officer; elsewhere one visit a day will be sufficient. He is to be visited in his cell once in each watch by the Master-at-Arms. With the exception of the Chaplain, Medical officer and regulating ratings, he is not to be permitted to communicate with any person except when authorised by the Captain. 7. A man in cells may be permitted to receive letters addressed to him, but such letters should be opened by the man in the presence of one of the regulating staff to ensure that nothing undesirable is enclosed. A man undergoing cell punishment should only be permitted to write letters in exceptional circumstances. 8. The Captain may find it necessary or advisable to relax some of these rules, especially when the Medical Officer, whose advice on the point is always to be attended to, is of opinion that by strictly adhering to them the health of a man would permanently suffer. FORFEITURE AND RESTORATION OF MEDALS 1956. Offences and punishments involving forfeiture. Under Section 53 (6) of the Naval Discipline Act the punishment of Dismissal with Disgrace involves the forfeiture of all medals and decorations. 2. Under Section 19 of the Naval Discipline Act conviction for desertion involves the forfeiture of all medals and decorations unless the tribunal by which the offender is tried, or the Admiralty, shall otherwise direct. The procedure in such cases is given in Article 2071. 3. The punishment awarded for treason, sedition, mutiny, cowardice or disgraceful conduct of an unnatural kind is to include the forfeiture of any campaign or commemorative stars or medals. Cases of disgraceful conduct of an unnatural kind should be reported to the Admiralty for consideration of the remission of this forfeiture. If a person convicted of one of the offences mentioned in this clause is in possession of medals awarded for gallantry, or of any decoration, the tribunal should not expressly include the forfeiture of these in the sentence, but a report of the conviction should be made to the Admiralty. 4. DISQUALIFICATION. A person who, during or after the period of qualification for a campaign or commemorative star or medal, and before receiving it, has been convicted of treason, sedition, mutiny or cowardice will be disqualified from receiving such star or medal. At the discretion of the Admiralty a person may be so disqualified if during or after the period of qualification he has been convicted of disgraceful conduct of an unnatural kind. Disqualification under this clause may be removed on fulfilment of the conditions laid down in Article 1957 for the restoration of medals. 5. The rules governing the forfeiture of Long Service and Good Conduct Medals are laid down in Article 1958 (5). 1957. Restoration of medals. Medals forfeited for desertion or for disgraceful conduct of an unnatural kind may be restored under the terms of Article 2072. 2. Medals forfeited for treason, sedition, mutiny or cowardice may be restored
3. The rules governing the restoration of Long Service and Good Conduct Medals are given in Article 1959. DEPRIVATION OF LONG SERVICE AND GOOD CONDUCT MEDAL (No. 7) 1958. Deprivation of medal. Any man to whom a Long Service and Good Conduct Medal has been awarded may be deprived of it summarily by warrant for misconduct. Deprivation will carry with it the forfeiture of any claim to the additional allowance that may have been earned. See 1888. 2. A man may be deprived of his medal without being deprived of any good conduct badge. It is also left to the discretion of the Captain to take away one badge, but not more, without depriving a man of his medal, if his conduct has been in all other respects satisfactory and notwithstanding that the deprivation of a badge may necessitate the award of " Good " at the annual assessment of character; but this discretion may be exercised in his favour once only (see Clause 3 (e) ). If a badge should be taken away without loss of the medal, the medal is not to be worn until the badge is regained (see Clause 5 (c) ). 3. Deprivation of the medal is obligatory when a man is punished in any of the following ways (except for desertion; see Clause 5 (a) ) and such deprivation should be included in the punishment warrant in both the heading and the appropriate column on page 2, see 1932 (3).
See also 2043 (3) about deprivation as a penalty following conviction by civil power. 4. No man is to be deprived of his medal, nor is any punishment entailing deprivation of the medal to be awarded, without the previous approval of a Commander-in-Chief or Flag Officer or, in the case of Royal Marines on shore, of the Commandant--General, Royal Marines. See 1933 (2) for procedure when approval cannot be obtained within a reasonable time. 5. Forfeiture of the medal is obligatory when a man is:
6. A warrant is not required for forfeiture under Clause 5 (b) and (c) but the man is to be informed formally of the forfeiture. When he appears before the Captain for this purpose he should not be treated as a defaulter (e.g. he should keep his cap on) and should be dealt with after requestmen. A statement of the circumstances in which forfeiture was incurred should be prepared, signed by the Captain and forwarded to the Director of Navy Accounts with the medal. 7. Where deprivation of seniority for misconduct has necessitated the award of " Good " to a Royal Marine at the annual assessment of character (see 1861 (1) (b) ), the Commander-in-Chief, or Flag Officer to whom reference can most conveniently be made (or for Royal Marines on shore, the Commandant-General, Royal Marines) will decide whether the medal is to be forfeited or not. 8. Deprivation or forfeiture of the medal is to be noted on pages 1 and 4 of the man's service certificate. 9. The provisions of this article apply equally to the R.F.R., R.N.R. and R.N.V.R. Long Service and Good Conduct Medal when reservists are mobilised or re-entered in the Royal Navy, the references to good conduct badges in Clauses 2, 3 and 5 being read to refer also to good service badges. 1959. Restoration of medal. A Long Service and Good Conduct Medal which has been deprived or forfeited for misconduct may, with the sanction of the Admiralty, be restored:
DISCIPLINE (PART II) 1959 Cont..... 2. Where a man is pensioned before completing the necessary five years " Very Good " service for restoration of the medal, any further mobilised service as a pensioner with " Very Good " character may be allowed to count for the purpose of qualifying for restoration. Mobilised service as a pensioner cannot count for the award of additional gratuity or for other pecuniary benefits, nor for the award of the medal. 3. The provisions of this article do not apply to restoration of the R.F.R., R.N.R., and R.N.V.R. Medals, which is governed by the appropriate Reserve regulations, whereby the medal may be restored at the discretion of:
DEPRIVATION OF GOOD CONDUCT AND GOOD SERVICE BADGES (No. 7) 1960. Deprivation of good conduct badges. A warrant is required for the deprivation of a good conduct badge as a punishment under the Naval Discipline Act. 2. The deprivation of two or more badges or the deprivation of one badge for the second time since the award of the Long Service and Good Conduct Medal, involves deprivation of the medal, see 1958 (3). 3. A Royal Marine, while serving under the Army Act, may be ordered by his Commanding Officer (as defined in Army Rule of Procedure 129) to be deprived of a Good Conduct Badge, but shall have the right to elect to be tried by a District court-martial instead of submitting to such deprivation. 4. The Admiralty, on ordering a non-commissioned officer serving under the Army Act to be reduced to a lower grade, or to the ranks, will at the same time give directions whether forfeiture of a badge or badges shall accompany such reduction. 1961. Restoration. Restorations are to be considered when they become due, whether the man prefers his claim or not, the procedure in Article 1877 for the award of a badge being observed. 2. One badge may be regained by six months " Very Good " conduct, and additional badges by further periods of six months, reckoned, in each case, from the date of the preceding restoration. If, however, a man has beer. sentenced to deprivation a second time within three years of actual service, the qualification is 12 months for the first restoration and six months for each subsequent restoration. Time which does not count for purposes of award is not to be reckoned towards restoration of badges. See 1873 on effect of removal of " R." 3. It is within the discretion of the Captain to delay the restoration of a badge if, at the time restoration would normally be due, a man has failed to reach the required standard of conduct (see 1871). In this event, the continuity of " Very Good" conduct is to be regarded as broken on the date on which the man completed six months (or 12 months) ' � Very Good " conduct and a fresh period of qualification commenced the following day. This procedure may be repeated until the required standard of conduct is attained. The fact that the restoration of a badge has been delayed should be noted on the man's Form S.239. 4. When a badge is restored after the normal date, the notation of restoration on the service certificate is to be underlined in order to indicate that restoration has been advisedly delayed. 1962. Deprivation of good service badges. The regulations governing the deprivation of good service badges in peace time are contained m the R.N.R. and R.N.V.R. regulations. 2. An R.N.R. or R.N.V.R. rating may be deprived of one or more good service badges for an offence committed while mobilised. A warrant is to be used and the offence is to be regarded as breaking the continuity of " Very Good " conduct. The Admiral Commanding Reserves is to be informed of all such deprivations and the offences that led to them. 3. Good service badges are unpaid, and their deprivation does not have the same immediate financial effect on ratings as deprivation of good conduct badges. 4. A good service badge of which a man has been deprived during mobilised service may be restored after six months mobilised service with " Very Good " conduct from the date of deprivation. I urther similar periods of six months service are required for the restoration of each additional badge. If, however, a man has been sentenced to deprivation a second time within three years of actual service, the qualification is 12 months for the first restoration and six months for each subsequent restoration. V. SUMMARY PUNISHMENTS REDUCTION TO THE SECOND CLASS FOR LEAVE (No. 8) Reduction to the second class for leave may be awarded for:
The first simple offence of leave-breaking, even for a long period should not be so punished. 2. When a man is reduced to the second class for leave his " Very Good " conduct is broken and recommences the following day unless his conduct is " not V.G." by reason of some other punishment awarded at the same time. 3. Reduction to the second class for leave is compulsory when a man is reduced to the second class for conduct. 4. A man in possession of a good conduct badge is not to be reduced to the second class for leave unless his offence is so serious as to merit this punishment in addition to the deprivation of his badge or badges. 1964. Penalties. Men in the second class for leave are to be allowed short leave only as in Article 0980. 1965. Restoration to the first class for leave. Men in the second class for leave (except those covered by Article 1963 (3)) are to be restored to the first class when they have returned from their leave punctually and fit for duty during three months continuously (excluding all time forfeited by imprisonment, detention or cells), unless misconduct whilst on leave has rendered them ineligible for restoration. They may be restored to the first class at the discretion of the Captain after one month in the second class. 2. Men placed in the second class for leave on reduction to the second class for conduct may, at the Captain's discretion, be restored to the first class for leave on restoration to the first class for conduct, unless leave-breaking offences or misconduct whilst on leave have rendered them ineligible for restoration. REPRIMAND BY CAPTAIN (No. 9) 1966. Reprimand by Captain as a punishment may be awarded only to leading ratings and above and to non-commissioned officers. It does not necessarily involve a break in continuity of " Very Good " conduct but may do so in appropriate cases. It is always to be recorded. EXTRA WORK AND DRILL (No. 10) 1967. Extra work and drill. Men awarded this punishment are to be subject to the following routine: To do extra work during non-working hours from half an hour before the hands turn to until 2100, one hour of which, during the dog watches, to be, if possible, drill or boat pulling. To have full time for meals, except dinner, for which half an hour will be allowed ; to be employed for the remainder of dinner hour af drill or work. DISCIPLINE (PART II) 2. OTHER INSTRUCTIONS Drill is to be performed wearing correct drill order only. Extra work is to be substituted when drill would have to be carried out in sight of civilian onlookers. Extra work when possible is to be done in the department to which the man belongs. If a man has to keep night watch either in harbour or at sea, this punishment is to cease at 2000 and he is not to be turned out before the usual time. While under this punishment a man should be allowed to leave the ship or establishment only on duty, except that he may be allowed to proceed on long leave at the discretion of the Captain. STOPPAGE OF LEAVE (No. 11) 1968. Stoppage of leave. In common with other punishments, stoppage of leave commences from the date it is awarded and runs continuously from that date. It is, therefore, ineffective if awarded with a lengthy sentence of imprisonment or detention; nevertheless, stoppage of leave is obligatory when mulcts of pay are awarded for leave-breaking (see 1970) but it must not exceed the scale laid down in that article except for aggravated or repeated offences. 2. It may also be awarded in appropriate cases for any other offence, either as the only punish-ment or with another punishment in accordance with Table I to Article 1931. 3. While under stoppage of leave a man should be allowed to leave the ship or establishment only on duty, except that he may be allowed to proceed on long leave at the discretion. of the Captain. No other penalties are involved, except mustering with men under punishment. PUNISHMENTS FOR LEAVE-BREAKING AND IMPROPER ABSENCE 1969. The normal maximum summary punishment for leave-breaking is detention, and should not exceed 30 days, except for aggravated and repeated offences requiring more severe punishment, when the circumstances are specially to be reported to the Commander-in-Chief or Senior Officer. The statutory maximum is 70 days imprisonment or detention except in time of war. See 2074 on dismissal as a punishment for persistent leave-breakers. 2. The act of not returning to duty at the time ordered constitutes the main offence against discipline but a mulct of pay according to the period of absence is obligatory in all cases, except when remitted under Articles 1971-1973. See 0985-Involuntary absence without leave. 3. A REPEATED OFFENCE of absence without leave is one committed in the same ship or establishment within six months of a previous similar offence. A subsequent repeated offence is one committed within six months of a previous repeated offence. When a rating is drafted to another establishment solely to undergo imprisonment or detention and afterwards returns direct to the ship or establishment in which he was sentenced, there should be no break in the continuity of his service for the purpose of assessing whether an offence subsequently committed should be considered as a repeated offence. 4. AN AGGRAVATED OFFENCE of absence without leave cannot be defined precisely. Each case is to be dealt with on its merits in this respect. For guidance, however, absence without leave :ray generally be treated as aggravated if:
5. Leave-breaking offences are to be worded on the punishment warrant or in the daily record of offences; "Did remain absent over leave ........hours ......minutes namely from .......to ......." 6. The charge for a leave-breaking offence which is treated as aggravated under Clause 4 (a), (b) or (c) may properly refer to the offence as an aggravated one, but the charge must not contain anything which directly or indirectly refers to a previous offence (1908 (6)). When therefore a
leave-breaking offence is treated as an aggravated one under Clause 4 (d), or as a repeated offence, this fact is to be shewn in the space provided on page 2 of the punishment warrant, or in the punishments column of the daily record of offences. 7. The period of improper absence included in the charge should strictly be computed from the time leave expired or of breaking out, until the time of return to the ship or place of duty. Absence may, however, terminate in many different ways, and computation of the period of absence for the purpose of mulcts can be decided only by the Commanding Officer, having regard to the circumstances of each case. 8. Where a man surrenders or is apprehended as an absentee away from the locality in which his leave expired, it is within the discretion of the Captain, having regard to the circumstances, to consider the absence as having terminated at the time of such surrender or apprehension, but if a lengthy journey is involved in returning to the place where leave expired it might be appropriate to include the time involved thereby in computing the period of absence. 9. When an absentee is arrested by the civil power on another charge and is subsequently handed over to the naval authorities his absence without leave is to be regarded as ceasing from the time of his arrest by the civil power. 1970. Mulcts. Every leave-breaker is to be mulcted one day's pay, for each three hours or part of three hours for the first 36 hours of improper absence, and for the remainder of such absence is to be mulcted one day's pay for each six hours or part of six hours. Stoppage of leave corresponding to the total number of days mulcts involved is also to be imposed. See 1971 to 1973 for remission of mulcts and of stoppage of leave. Note: Leave-breaking offences committed by boys in Training Establishments are to be dealt with as laid down in B.R. 697 Boys Training Instructions; those committed by Artificer Apprentices in Training Establishments as laid down in B.R. 91 General Instructions for Training of Artificer Apprentices; and those committed by ratings entered locally abroad, except Maltese ratings (who are to be dealt with in accordance with this article), as laid down in station orders. 2. For the purpose of this article a day's pay is the actual daily rate of pay including submarine pay, flying pay, and any allowances normally credited in the " Full Pay " column of the ledger, but excluding extra pay, Local Overseas Allowance and compensatory allowances. Where difference of pay is in issue (Artificers, Mechanicians and Artisans), this is to be included. 3. Mulcts of pay for leave-breaking and drunkenness are to be debited against the offender's account in one sum, calculated on the day's pay in force on the date of the sentence, as modified by the sentence in cases of disrating or reduction to the second class for conduct. The sum thus debited is to be regarded as a definite fine for the offence and is not subsequently to be altered, e.g. when an increase of pay is granted with retrospective effect, a man may be credited with the balance of the increased emoluments for days on which he would otherwise have been mulcted in full. This does not apply to forfeiture of pay during confinement in cells. See B.R. 1950 Naval Pay Regulations. 1971. Absence up to 36 hours. For leave-breaking for periods up to 36 hours of improper absence (except aggravated or repeated offences) the maximum punishment is to consist of mulcts of pay and stoppage of leave on the above scale only. It is not the intention that mulcts on the above scale shall be automatically applied, and the Captain has full discretion, if there are any special mitigating circumstances, or if the period of absence is trivial, to reduce the mulcts, or to remit them altogether; when this discretion is exercised, the stoppage of leave may be maintained according to scale, or reduced or remitted. Reduction of mulcts is to be made by units of one day's pay. Every proved offence of absence must be entered on the man's Record of Offences Sheet, irrespective of whether mulcts are imposed or not. 2. For aggravated or repeated leave-breaking offences, other punishments permitted by the regulations may be awarded according to the degree of the offence, in addition to mulcts of pay and stoppage of leave. 1972. Absence over 36 hours. For leave-breaking for periods of over 36 hours other punishments permitted by the regulations may be awarded, in addition to mulcts of pay and stoppage of leave on the above scale. If there are mitigating circumstances, justifying exceptional treatment, the DISCIPLINE (PART II) mulcts may be reduced with the Commander-in-Chief's approval, provided that the actual mulcts (i.e., excluding detention, etc.) be not reduced to less than one day's pay for each day's absence. The stoppage of leave may be correspondingly reduced. 2. Stoppage of leave in excess of the scale is not to be awarded as a punishment for leave-breaking, except in aggravated or repeated cases, and men are not to be reduced to the second class for conduct for leave-breaking, except for aggravated or fourth (or later) repeated offences, and then only provided they are already in the second class for leave and the sentence has the prior approval of a Senior Officer in accordance with Article 1950 (4). 1973. Remission of mulcts over 60 days. If the number of days mulcts in accordance with Article 1970 (1), or if the sentence of cells or detention, after deducting the normal remission that can be earned on a sentence of detention, which a leave-breaker is awarded, plus the number of days mulcts, would amount to a total of more than 60 days, any excess mulcts are to be remitted, provided that in no case shall the actual mulcts (i.e., excluding detention, etc.) be reduced to less than one day's pay for each day's absence. 2. This compulsory remission of mulcts applies also when imprisonment is awarded owing to lack of detention accommodation. 3. It does not apply when, on other grounds, imprisonment is awarded in preference to detention, or when, on the same occasion the man is also convicted of some offence other than leavebreaking. In cases involving exceptional hardship, however, the circumstances should be submitted to the Commander-in-Chief for consideration of some remission being granted, subject always to a minimum mulct of one day's pay for each day's absence. See 1971 and 1972 for discretionary remission in other cases. 4. When a sentence of detention awarded for a leave-breaking offence is suspended, the remission of mulcts under Clause 1 is to be applied as if the sentence were not so suspended. 1974. Breaking out of ship, etc. The provisions of Articles 1970 to 1973 apply also to improper absence following breaking out of ship, breaking away from a landing party, etc., but the mulcts of pay and stoppage of leave are in addition to any punishment applicable to the offence of breaking out which may be awarded. Detention for offences of this description need not be limited to 30 days (1969 (1) ). 2. Articles 1970 to 1973 are not applicable to men who are only absent from a particular part of their ship. 3. Offences of breaking out are to be worded on the punishment warrant or in the Daily Record of Offences: "Did improperly leave H.M.S. ....... (or his place of duty namely ..............) at ...... PUNISHMENTS FOR DRUNKENNESS 1975. Mulct for drunkenness. A mulct of one day's pay is to be imposed for all offences of drunkenness on board Her Majesty's ships or in naval establishments, or while absent on duty, or on returning from the shore, whether such return is voluntary or otherwise. A similar mulct is to be imposed upon men who are drunk when received into naval or other custody, whether from leave or not, and if from leave, whether their leave has expired or not, unless the offender has already been dealt with by the civil power. 1976. Drunkenness on duty. For drunkenness on board, or in a shore establishment, or while absent on duty, additional punishments within the maximum authorised by Article 1931, Table II, except reduction to the second class for leave, may be awarded at the Captain's discretion. 1977. Drunkenness on leave. For a first offence of returning from leave drunk, men below leading rating are not to receive any punishment other than the mulct of pay, unless they are also charged with another offence; but their grog may be stopped under Article 1978. Should the offence be repeated it may be dealt with under Section D (Drunkenness) of Article 1931, Table II, in addition. SUMMARY PUNISHMENTS 1983 2. Leading ratings and above, even for a first offence, and other ratings for repeated offences, may in addition to a mulct of one day's pay, be awarded other punishments permitted for drunkenness. Reduction to the second class for leave may be awarded for repeated offences as being connuous misconduct whilst on leave. 3. Offenders dealt with by the civil power for offences of drunkenness are not subject to the above punishments but should be dealt with under Article 2043. 4. All offences of drunkenness on shore and on board, and repeated offences of returning from leave drunk are to be dealt with by the Captain. STOPPAGE OF GROG (No. 13) 1978. Stoppage of grog, when used apart from No. 11 punishment, is to be confined to offences comprised under the head of drunkenness, or for misuse of the spirit ration. It is not to be awarded for more than 30 days except for habitual or repeated drunkenness, when the Captain may continue the stoppage for such time as he may consider necessary with reference to the habits and disposition of the offender. 2. When the punishment extends beyond 30 days, grog money is to be paid to the man under stoppage for the rest of the period. 3. Stoppage of grog does not necessarily involve stoppage of leave, but the two punishments may be awarded simultaneously in a proper case. EXTRA WORK OR DRILL FOR TWO HOURS A DAY (No. 14) 1979. Extra work or drill for not more than two hours a day may be awarded for any period not exceeding seven days. 2. Drill is to be performed wearing correct drill order only. When drill would have to be carried out in sight of civilian onlookers, extra work is to be substituted. ADMONITION (No. 15) 1980. Admonition. When a man is found guilty of an offence which of itself, or in view of mitigatory circumstances, is not considered to deserve any more serious punishment, he should be admonished (e.g., for a first trivial offence of leave-breaking when a mulct is not imposed). 2. The offence and punishment are to be recorded in the Daily Record of Offences or on the Minor Punishments Book as appropriate, see 2092 and 2093. It is particularly important that all proved offences of leave-breaking should be recorded on a man's Record of Offences Sheet in order that the appropriate punishment may be awarded for subsequent offences, see 1969 (3). CAUTION 1981. Caution. When a charge is dismissed as not proved but the circumstances are such as to warrant the man being cautioned regarding his future conduct, neither the charge nor the caution should be recorded. EXTRA GUARD (No. 16) 1982. Extra guard is to be awarded only for the offences of Marines while on guard or in the ranks. CANING (No. 17) 1983. Caning is limited to Boys rated as such and to Boy Buglers and Boy Musicians when embarked. This punishment is intended for the serious offences of theft, immorality, drunkenness, desertion (in special cases as an act of leniency), insubordination, or gross and continued disobedience of orders. 2. In the absence of the Captain, the Commanding Officer is not to order caning to be inflicted, unless the Captain shall be absent from duty by permission of superior authority for more than 48 hours. 3. The punishment is to be inflicted on the breech with a light or ordinary cane, duck trousers with pants being worn. The number of cuts or blows is not to exceed twelve, and the punishment is not to be carried out in public. Unless he attempts to break away, the boy to be caned should not be secured but should stand and bend down to grasp a chair or other firm object. DEDUCTIONS FROM PAY OF LOCALLY ENTERED NON-EUROPEAN RATINGS (No. 18) 1984. Deductions from pay are authorised as a punishment for general offences (i.e. offences other than drunkenness and improper absence) by locally entered non-European ratings. 2. Deductions are not to exceed five days pay for any offence or offences dealt with at the same time, and when the normal maximum punishment indicated in Article 1931, Table II, does not exceed No. 10 the deduction should not as a rule exceed two days pay. Deductions are not to exceed 10 days pay in all within the space of any one calendar month. 3. A day's pay is to include full pay and allowances. Where a man is reduced to a lower rating, deductions are to be charged on the scale of pay of the lower rating. 4. This punishment is to be awarded only by the Captain. ^ back to top ^ |
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