SECTION I. SUSPENSION OF SENTENCES

2001. Suspension of sentence. A sentence of imprisonment or detention may, by virtue of Section 74a of the Naval Discipline Act, be suspended when a man, previously of excellent character, has committed himself because of some long-continued strain, or in circumstances which may be considered to render him deserving of a chance of retrieving his character by later exemplary conduct, or when the man's services are required for a dangerous or arduous duty which would otherwise be avoided, or to enable a deserter or persistent leave-breaker who is considered to be capable of reformation to be drafted to sea or abroad so that he may be removed from the temptation to repeat his offence. See B.R. 14 Drafting Regulations.

2. Officers concerned are recommended to use this power freely whenever this can be done without detriment to discipline and the offender is likely by his conduct to justify the concession; but a sentence should never be suspended when it is intended that the offender shall not return to the Service.

2002. Court-martial sentence. If the officer who ordered the court-martial considers, either upon a perusal of the minutes or upon receiving a recommendation from the court, that the sentence should be suspended, he shall, in lieu of issuing the usual committal order, give an order in writing that the sentence is to be suspended until an order of committal is issued.

2. When an order suspending a court-martial sentence has been given under Clause 1, the man is to be informed by the Captain that it has been decided to suspend his sentence, that his case will be reviewed periodically, and that if his subsequent conduct is such as to justify a remission of the sentence, it will accordingly be remitted. He should further be warned that if he is unfavourably reported upon, or if the continuity of his " V.G." conduct is broken, while he is under probation the sentence will be enforced. He should then be released from custody.

3. If the officer who ordered the court-martial, or the officer commanding the fleet or station to which the offender belonged at the time of the offence or belongs while undergoing imprisonment or detention considers, at any time before or after a committal order has been issued, that the offender should be released pending a further inquiry although the circumstances set out in Clause 1 of Article 2001 or in Clause 1 of this article do not apply, he may issue an order in writing suspending the sentence for not more than three months. In such circumstances Clause 2 of this article and Clauses 1 and 2 of Article 2005 shall not apply, but the officer ordering such suspension, or any of the officers named in this clause senior to him, may at any time issue, or re-issue, the committal order.

2003. DISCIPLINE (PART III)

4. In submitting the court-martial papers to the Commander-in-Chief or the Admiralty, the officer who ordered the suspension should state clearly that he has done so, giving his reasons.

2003. Summary sentence. With the concurrence of the Flag or Senior Officer, if any, who approves a punishment warrant for imprisonment or detention, the Captain may, instead of issuing a committal order, give an order in writing that the sentence is to be suspended until an order of committal is issued. If there is no Flag or Senior Officer present, the Captain is to use his own discretion.

2. At any time after a committal order has been issued, the officer who signed the committal order or, in special circumstances, the officer commanding the fleet or station to which the man belonged at the time of the offence, or belongs while undergoing imprisonment or detention, may order the residue of the sentence to be suspended.

3. When a sentence has been suspended, either before or after an order of committal has been issued, the man is to be released from custody and informed by his Captain that his case will be reviewed periodically, and that the enforcement or remission of the remaining portion of the sentence will depend on whether or not his conduct remains " Very Good."

4. When the Captain suspends a sentence, the fact is specially to be reported at the time to the Commander-in-Chief or Senior Officer, and is also to be reported when forwarding the quarterly punishment return.

5. When a man whose sentence has been suspended is drafted to another ship or establishment, the fact that a sentence is in suspense is to be notified immediately by letter to his Captain.

6. Although the circumstances set out in Article 2001 (1) do not apply, sentences awarded summarily may also be suspended for not more than three months at any time before or after a committal order has been issued, if the competent authority considers that the offender should be released pending a further inquiry. Such suspension is to be by an order in writing and the provisions of Articles 2003 (1) and (2) and 2008 (2) are to be applied. The competent authority for purposes of this clause is:

(a) the Commanding Officer, or

(b) the Flag Officer who approved the punishment warrant, or

(c) the officer who signed the committal order, or

(d) the officer commanding the fleet or station to which the offender belonged at the time of the offence or belongs while undergoing imprisonment or detention.

7. When a sentence has been suspended under Clause 6, the officer who suspended the sentence, or any of the officers named in Clause 6 senior to him, may at any time issue, or re-issue, a committal order.

2004. Period of suspension. A sentence which has been suspended, either before or after a committal order has been issued, remains suspended until such order has been issued or re-issued, or the sentence has been finally remitted.

2. A sentence may remain suspended for twelve months, unless the man commits himself in the meantime, but in no circumstances is it to remain suspended for a longer period except when, owing to the man having been absent without leave or having deserted, the issue of a committal order has not been possible.

2005. Review of court-martial sentence. A court-martial sentence which has been suspended is to be reconsidered every three months, unless it has been put into execution in the meantime, and upon these occasions the man is to be brought before the Captain, who should take the opportunity of reviewing the circumstances and warning him that he is still under probation. A report on the man's conduct should then be forwarded to the Commander-in-Chief (or if there is no Commander-in-Chief, to the officer who ordered the court-martial); who, if the man is still serving in a ship under his command, will decide whether the sentence is still to continue suspended or is to be remitted. All other suspended court-martial sentences will be dealt with by the Admiralty, to whom a copy of the report on conduct should invariably be sent, whether or not the man is still on the same station.

2. If at any time during the probationary period the man's conduct should fall below " V.G.", or be in any way unsatisfactory, the sentence should not continue suspended, but a committal order should be issued by the Commander-in-Chief, or, if there is no Commander-in-Chief, by the officer

I. SUSPENSION OF SENTENCES 2008

who ordered the court-martial by which the man was sentenced. If this is impracticable, an immediate report should be made to the Admiralty.

3. The final decision, either to remit or to enforce the suspended sentence, is always to be reported to the Admiralty.

4. If, in special circumstances, it is considered that a portion only of the suspended sentence should be enforced and the remainder remitted, the matter is to be submitted to the Admiralty at home, or to the Commander-in-Chief abroad.

5. Commanders-in-Chief and Senior Officers are to take steps to ensure that the review of suspended sentences is duly carried out at intervals of not more than three months.

2006. Review of summary sentence. The Captain of the ship or establishment to which the man for the time being belongs is, at intervals of not more than three months from the date on which a summary sentence was suspended until the sentence is put into execution or finally remitted, to reconsider the case and decide whether the residue of the sentence shall be finally remitted or shall continue suspended. On each occasion he is to inform the man of his decision.

2. If at any time during the probationary period the man's conduct should fall below " V.G." or be in any way unsatisfactory the sentence should not continue suspended, but a committal order is to be issued by the Captain of the ship or establishment in which the offender is serving. Should, however, the offender be sentenced to a period of cells, the Captain should not issue the committal order in respect of the suspended sentence (which would come into immediate operation in accordance with Section 74A (c) of the N.D.A.) until immediately after the offender has completed the said sentence of cells.

3. When the Captain remits or enforces a suspended sentence, the facts are specially to be reported at the time to the Commander-in-Chief or Senior Officer, and are also to be reported when forwarding the quarterly punishment return.

4. Commanders-in-Chief and Senior Officers are to take steps to ensure that the review of suspended sentences is duly carried out at intervals of not more than three months.

2007. Royal Marines borne on ship's books are subject to the provisions of Section 74A of the Naval Discipline Act and sentences of imprisonment or detention may be suspended accordingly. Similar provisions are made by the Army Act in respect of Royal Marines serving under that Act and in this connection the Commandant-General, who is a " Superior Military Authority " under the Army Act, will exercise the powers in respect of men of the Royal Marines under his orders.

2. If a Royal Marine whose sentence under the Army Act is suspended should become subject to the Naval Discipline Act while his sentence is suspended, the Captain of his ship is, at intervals of not more than three months, reckoning from the date of the sentence, to forward a report on the man's conduct to the Commandant-General, who will decide whether the sentence shall continue suspended or be remitted, or whether a committal order shall be issued.

3. Where a Royal Marine whose sentence under the Naval Discipline Act is suspended becomes subject to the Army Act, the necessary action will be taken by the Admiralty on periodical reports from the man's Commanding Officer.

2008. Offences during suspension. If a person whose sentence has been suspended commits a further offence for which he is sentenced by court-martial to imprisonment or detention, the officer who ordered the latter court-martial may direct that the sentences shall run consecutively, but no sentence of detention is to be coupled with a previous or subsequent sentence of detention so as to make the total of the two sentences exceed two years, and such part of the sentence of detention as would, if added to the other sentence of detention, make the total exceed two years must be deemed to be remitted; and where the second sentence is one of imprisonment, whether or not that sentence is suspended, any previous sentence of detention which has been suspended shall be remitted.

2. If a person whose sentence has been suspended commits a further offence for which he is sentenced summarily to imprisonment or detention, the officer who is empowered to issue an order of committal for the further offence may issue an order of committal in respect of the sentence which was suspended, and may direct that the sentences shall run concurrently or consecutively; but if the sentences are to detention, the total of the two sentences is not to exceed two years, any period in excess of this limit being deemed to be remitted. A previous suspended sentence of detention should normally be deemed to be remitted if the second sentence is of imprisonment and the offender is not being retained in the Navy. See 2006 (2) on sentence of cells.

2009. DISCIPLINE (PART III)

2009. Enforcement of sentence suspended after committal. Where a sentence of detention is suspended after a committal order has been issued and the man is subsequently re-committed to Naval Detention Quarters to serve the residue of his sentence by reason of having committed a further offence, the residue is to be reckoned as the period of the original sentence less the number of days actually served, no account being taken of any remission which might have been earned on the portion already served. For example, a man whose sentence of 90 days detention is suspended after having served 40 days and who is sentenced to a further 90 days detention for an offence committed during the period of suspension, should be committed for 140 days, assuming it is decided that the sentences are to run consecutively, and he would then be eligible to earn remission on this period.

2. Naval offenders re-committed to Military Detention Barracks are, irrespective of whether they were first committed to Naval Detention Quarters or Military Detention Barracks, eligible to reckon any marks towards remission earned before suspension, when the remission earned in respect of the whole sentence is being assessed, in accordance with the " Rules for Military Detention Barracks." When a naval offender is re-committed to a Military Detention Unit it is to be assumed that he earned full remission, calculated in accordance with Clause 4 of this article, up to the time of suspension of his first sentence, and a note is to be attached to the committal warrant, stating what remission on the first sentence he is entitled to count. Thus, an offender whose sentence of 90 days detention was suspended after 40 days had been served, may be assumed to have earned 20 days remission. If during the period of suspension that offender is sentenced to a further 90 days detention and is re-committed to a Military Detention Unit, he would, assuming that the sentences run consecutively, be committed for a total of 140 days. A note would, however, be attached to the committal warrant stating that the offender was entitled to count 20 days remission earned up to the time of suspension of his first sentence.

3. In order that naval offenders should, as far as possible, receive uniformity of treatment, it is desirable, therefore, that they should be sent to Naval Detention Quarters wherever practicable when re-committed on suspended sentences.

4. Remission for industry and good conduct, not exceeding one third of the whole sentence, may be earned by men in detention, on sentences of 28 days or more, subject to the proviso that such remission shall not reduce the period of detention to be served to less than 24 days. No remission is allowed on sentences of 27 days or less. See also 2026 (5).

2010. Accompanying punishments. If a sentence is suspended before a committal order is issued, the officer who authorizes the suspension may at his discretion, in suitable cases, direct that the consequential penalties of disrating, deprivation of badges and medal, and the effect upon character, are to be enforced, from the date of conviction. Otherwise any penalties which must accompany or would be entailed by the infliction of the suspended punishment are also to be regarded as suspended, unless and until a committal order is issued. Any other punishments which may have been awarded at the same time, namely, reduction to second class for conduct, mulcts of pay, stoppage of leave and reduction to the second class for leave, cannot be suspended. The fact of conviction will, however, constitute a break in the continuity of " V.G." conduct for badge purposes, and will mean that in no circumstances is the offender to be given a character assessment of " V.G." see 1860 (3).

2. If a committal order is issued and the sentence subsequently suspended or if a sentence is suspended and a committal order is subsequently issued, all the consequential penalties and punishments which must accompany imprisonment or detention and other consequences, namely:

(a) disrating,

(b) deprivation of badges and medal,

(c) effect upon character, and

(d) loss of pay and time

shall be enforced. Loss of pay and time and the effect upon character are governed by the period of the sentence actually served. If a sentence which has been suspended is subsequently carried out (a), (b) and (d), shall take effect from the date of committal. When a sentence of imprisonment or detention is suspended after committal (a) and (b) shall take effect from the date of sentence, and (d) from the date of committal. For all sentences, (c) shall take effect from the date of sentence.

3. If an offender subsequently deserts and is not recovered, or is not claimed for further service, character is to be assessed as if the sentence had been carried out.

II. PRISONS AND DETENTION QUARTERS 2016

2011. Effect on character. If, at the time of an assessment of character, an offender's sentence, or a portion thereof, is under suspension, the only penalties which are to be taken into consideration are the portion of such sentence and the consequential penalties (if any) which have actually been enforced. In no circumstances, however, is an offender whose sentence has been suspended to be given a character assessment of" V.G." see 1860 (3). If the suspended sentence or the suspended portion thereof is subsequently enforced, the character previously awarded is to be altered to that appropriate to the full sentence. Thus, the award of character m respect of suspended sentences will follow the general rule that effect on character follows in the year of sentence. All alterations in character under this clause are to be noted in the remarks column of the ledger, and are to be reported to the Director of Navy Accounts as they occur.

2. Where a suspended sentence, or the suspended portion of a sentence, is carried out in the year following that in which the sentence was awarded, together with a sentence of imprisonment or

detention subsequently awarded, only the latter sentence is to be taken into account in assessing character at the end of that year, whether such sentences run consecutively or concurrently.

2012. Record of suspension, etc., of sentence. The suspension of a sentence in whole or in part is to be recorded with full particulars of the offence and sentence on the Record of Offences Sheet (Form S.239a) and in the remarks column of the ledger.

2. Notations are to be made as follows in the " time forfeited " column on page 4 of the service

certificate, each notation being authenticated by the Captain's signature, with the date on which the sentence was either suspended, remitted or enforced:

SECTION II. PRISONS AND DETENTION QUARTERS

(See also Articles 1937-1942)

2016. Prisons and detention quarters. Under the provisions of Section 81 of the Naval Discipline Act, the Admiralty is authorised to set up naval prisons and naval detention quarters. The " Rules and Regulations for Detention Quarters " are contained in B.R. 668. Note: There are at present no naval prisons.

2. Under the provisions of Section 74 of the Naval Discipline Act, persons sentenced to imprisonment or detention may be confined as follows:

(a) Imprisonment - in a naval prison or naval detention quarters, or any common gaol, house of correction or military prison or detention barrack.

(b) Detention - in a naval detention quarters or a military detention barrack. The expression " military detention barrack " includes an air force detention barrack (Army Act, Section 68 (2) (e) ).

3. On foreign stations, Commanders-in-Chief or Senior Officers are to obtain information on the state of the prisons by directing a Captain to visit them from time to time, with the permission of the civil authorities, and report on them.

2017 DISCIPLINE (PART III)

2017. Sentences in Home Waters. Men in ships in home waters sentenced to detention are to be committed to the Naval Detention Quarters at Portsmouth. They are to be sent under escort to the Royal Naval Barracks, Portsmouth, and are to wear their uniform and take their bags and hammocks with them. Their kits are to be mustered before they leave their ships.

2. In general, men sentenced to imprisonment from shore establishments in the United Kingdom or from ships in home waters should be sent to the nearest prison.

3. The following is a list of the civil prisons in England and Wales to which naval offenders may be committed:

Note: Naval offenders committed to civil prison from Chatham should be sent to Canterbury Prison and not to one of the London prisons.

4. In Scotland the following prisons may be used:

Note: Men should not be committed to Kirkwall Prison if their sentence is of 30 days or over, since removal to the mainland is involved for such sentences.

5. In Northern Ireland the prisons at Belfast, for long sentences, and at Londonderry, for short sentences only, may be used. The Ministry of Home Affairs, Stormont, Belfast, should be advised beforehand if it is desired to commit a naval offender to either of these prisons.

6. No offender below the age of twenty-one is to be sentenced to imprisonment, whether by court-martial or summarily, if he is to be retained in the Service. The award of imprisonment in lieu of detention permitted by Article 1937 is not applicable to ratings under the age of twenty-one. Ratings and Royal Marine other ranks below the age of twenty-one may be sentenced to imprisonment if by reason of dismissal or other reasons they are not being retained in the Service. Such offenders, whether sentenced at home or abroad, are to be committed to the Type " C " Military Prison and Detention Barracks at Shepton Mallet, Somerset, which is designed to rehabilitate Service offenders for civil life. Officers cannot be accepted at Shepton Mallet.

2018. Sentences abroad. Men in ships abroad sentenced to detention may be committed to naval detention quarters or military or air force detention barracks or corrective establishments.

2. Men sentenced to imprisonment for not more than nine months should be sent to a detention establishment if possible. Should accommodation be insufficient, recourse must be had to civil prisons but, so far as practicable, these should only be used for men convicted of offences against the ordinary law.

3. Europeans are not to be imprisoned on shore on the West Coast of Africa, or in other notoriously unhealthy places, when it can possibly be avoided. See also 1937 (3).

II. PRISONS AND DETENTION QUARTERS 2024

4. Men sentenced to imprisonment or detention for more than nine months should, if practicable, be sent to England to complete their sentences, those for imprisonment being committed if possible to the prison nearest to the port of arrival.

2019. Selection of place of confinement. When men are sentenced summarily to detention or imprisonment, the space provided on the warrant (Form S.271) for the insertion of the prison or detention establishment to which the prisoner is to be sent is to be left blank when in the presence of a Senior Officer, so that the latter may fill in the blank space at his discretion, according to the accommodation available.

2020. Medical examination. A medical officer is to examine the offender before his committal to a prison or detention establishment to ascertain whether he is physically capable of undergoing his sentence, and again on his return to the ship. When a man sentenced to imprisonment or detention is found or suspected to be suffering from a mental or physical infirmity which is not considered to render him unfit to undergo his sentence, a report by a medical officer to that effect is to accompany him to the prison or detention quarters. Sae 4259 (2) on refusal to be examined.

2021. Committal warrant. Committal warrants for men sentenced by court-martial to imprisonment or detention are to be prepared by the appropriate authority in accordance with Section 74 (3) of the Naval Discipline Act.

2. Where a man is sentenced summarily to imprisonment or detention the Captain is, on the punishment warrant being approved, to sign a committal warrant on Form S.245, which shall be the authority for the Governor of the prison or officer in charge of the detention quarters to receive and detain the offender, and to release him at the expiration of his sentence. The form must therefore be made out with every technical accuracy. A statement is to be attached to the committal warrant giving details of any other punishments awarded at the same time. If these include reduction to the second class for conduct, the date on which restoration to the first class is proposed is to be given and the statement forwarded with the rating until such time as he is restored to the first class. The committal warrant is to accompany the offender to prison or detention.

2022. Commencement of sentence. A term of imprisonment or detention commences on the day on which the sentence is awarded.

2. If, by reason of a ship being at sea or at a place where there is no proper place of confinement, a sentence of imprisonment or detention cannot be duly executed, the officer awarding the sentence may direct in writing on the punishment warrant (Form S.271) that the sentence shall not begin to take effect until the arrival of the offender at some place where there is such a proper place of confinement, when he shall undergo his sentence as if the date of such arrival were the day on which the sentence was awarded, notwithstanding that in the meantime he may have become entitled to his discharge from Her Majesty's service. An offender in such a case is to be conveyed with all reasonable speed to a proper place of confinement and during passage may be kept in open custody, but he is to be subject to restraint or confinement whenever his safe-keeping or any misbehaviour on his part may render it necessary. Close custody of an offender under sentence is equivalent to confinement for the purpose of Section 74, Clause 2, of the Naval Discipline Act, and any time during which an offender is kept in close custody is deducted from the term of his sentence of imprisonment or detention and is to be certified by the Captain on the committal warrant (Form S.245). A sentence of imprisonment or detention awarded in the United Kingdom or in ships lying at ports in the United Kingdom is not to be postponed under this clause.

3. Notwithstanding the instructions in Clause 2, a sentence that is to be carried out in a military or air force corrective establishment cannot be postponed and must take effect, as laid down in Clause 1, from the date of award.

2023. Dismissal after confinement. When a man has been dismissed or discharged from the Service, notice thereof is to be given by the Captain to the authorities at the place of confinement to which he is sent, in order that he may be set at liberty at the expiration of his sentence.

2024. Persons sentenced, bearing on ships' books. Persons sentenced summarily or by court-martial to detention are to continue to be borne on ships' books, being transferred for this purpose to the books of:

(a) the depot ship, if there is one in the vicinity of the place of confinement; or if there is no depot ship,

2025 DISCIPLINE (PART III)

(b) some other convenient ship in the vicinity; or if there is no such ship,

(c) the flagship.

2. Persons sentenced summarily or by court-martial to imprisonment are similarly to be borne upon ships' books unless they will be discharged direct from the prison to civil life, when they are to be discharged from ships' books from the time of arrival at the prison or from the time the order for discharge from the Service is received.

3. Service documents, and a report containing the following particulars, are to be sent as soon as possible to the ship on whose books the offender is to be borne:-

(a) Full name

(b) Rating or rank

(c) Official or register number

(d) Full particulars of punishment awarded

(e) Date of commencement of sentence of imprisonment or detention (if known) _

(f) Whether application has been made for a relief, with a copy of the application, if any

(g) Transfer list

(h) Service certificate, Recommendation for Advancement and Conduct Record Sheet, and other service documents (including medical documents) shewn in Appendix 11, Part III.

2025. Subsistence of prisoners. The cost of the subsistence of men in prison, and the expenses attending their removal to and from the prison, will, where necessary, be borne by the Admiralty. Where no local arrangements for meeting such costs and expenses exist, similar to those that prevail at the principal home ports, the Supply Officer of the ship to which a prisoner belongs, under the authority of the Captain, and on proper vouchers, is to defray the expenses incurred in the removal of the prisoner, and to pay to the Governor or Keeper of the prison, if at home, the amount claimed, provided it does not exceed 1s. a day for each prisoner's subsistence. If abroad, and in the absence of local arrangements, the Captain will order the amount claimed to be paid should he consider it fair and reasonable. In every case the full particulars are to be given in the vouchers.

2026. Change of place of imprisonment or detention. When the Commander-in-Chief or Senior Naval Officer present considers it desirable that a person undergoing a sentence of imprisonment or detention should be sent to England to complete his sentence, he may, under the provisions of Section 75 of the Naval Discipline Act, issue a warrant for the transfer of the offender to the appropriate place of confinement under Article 2017.

2. The warrant (Form S.1351) is to be prepared in triplicate, each copy being signed. One is to be sent to the Admiralty in time for an attested copy of it to be made as the authority for the Governor or Officer in Charge of the place of confinement to which the offender is transferred to receive and detain him. One is to be sent to the place of confinement from which the offender is removed, and one is to accompany the offender.

3. The provisions of Section 75 of the Naval Discipline Act are such that it is not competent for a Commander-in-Chief or Senior Naval Officer to transfer an offender from one place of confinement to another on the station unless before doing so he can obtain a copy of the warrant attested by the Secretary of the Admiralty as the authority to the Officer-in-Charge of the second place of confinement to detain the offender.

4. When a sentence is likely to expire before the offender can be received in a place of confinement in England, a warrant for transfer should not be issued. A warrant for discharge of the offender from custody may however be issued under the provisions of Section 78 of the. Naval Discipline Act, see 2028.

5. In calculating the expiry of the sentence, allowance must be made for good conduct remission. Such remission may be earned as follows:

(a) On sentences of detention of 28 days or more, not exceeding one third of the whole sentence, subject to the proviso that such remission shall not reduce the period of detention to be served to less than 24 days.

(b) On sentences of imprisonment, not exceeding one third of the whole sentence on sentences exceeding one calendar month (England) and 30 days (Scotland), subject in both cases to the proviso that such remission shall not reduce the period of imprisonment to be served to less than 30 days.

II. PRISONS AND DETENTION QUARTERS 2030

2027. Production of offender before court-martial. When it is necessary for an offender undergoing a sentence of imprisonment or detention to be delivered over to naval custody for the purpose of being brought before a court-martial, either as a witness or for trial, a warrant (Form S.1352) may be issued, under the provisions of Section 78 of the Naval Discipline Act, by the Admiralty or by a Commander-in-Chief on a foreign station, or by the Captain of any of Her Majesty's ships.

2. Section 79 of the Naval Discipline Act provides that the time during which an offender under sentence of imprisonment or detention is detained in naval custody for the purpose of giving evidence, etc., shall count as part of his sentence.

2028. Discharge before completion of sentence. Under the provisions of Section 78 of the Naval Discipline Act, a warrant (Form S.1352) for the discharge of a person undergoing a sentence of imprisonment or detention may be issued by the Admiralty or by a Commander-in-Chief on a foreign station, or, if the sentence was awarded summarily, by the Captain who awarded the punishment.

2. Such discharge shall be held to remit all that portion of the sentence that may be unexpired at the date of such discharge. This does not apply to men delivered over to naval custody under Article 2027.

3. Men undergoing sentences awarded summarily may, at the discretion of the Senior Officer present, be discharged from confinement for the purpose of rejoining their ships before sailing if a very few days of the sentence remain unexpired, or at any time if the completion of the sentence will involve any serious inconvenience to the Service. If the Captain should consider it advisable that men should be so released, he is to report the matter at least three days beforehand to the Senior Officer present and, with his approval, may issue a warrant for the release of the offenders accordingly.

4. The power of ordering discharge should be used with great discretion and should not be exercised except where the services of offenders are required in emergency, or when the ship to which they belong is on the point of sailing from the port. Even so, an offender should not be discharged if at the end of his sentence he could be received in another ship from which he could rejoin his proper ship within a reasonable time.

5. When the length of an offender's sentence renders it possible to transfer him, either in his own or some other ship, to a place of confinement in England to complete sentence, or to some other place of confinement abroad from which there would be greater facilities for sending him back to his own ship at the expiration of his sentence, a warrant for discharge should not be issued. A warrant for transfer to another place of confinement may be issued under Section 75 of the Naval Discipline Act, see 2026.

2029. Offences by naval ratings is military detention barracks. In the event of any naval rating who is undergoing sentence in a military or air force detention barrack or corrective establishment committing an offence too serious to be dealt with under the rules for military or air force detention barracks, the matter will be reported to the Captain of the ship on whose books the man is borne, in order that he may be dealt with under the Naval Discipline Act.

2. In deciding how to deal with the case, the Captain should bear in mind that before the accused can be tried he must be removed from the detention barrack. See 2027 for removal and Naval Discipline Act, Section 73, for the effect of a sentence passed by court-martial on a man already serving a sentence under that Act.

3. An escort should be sent to remove the accused from the detention barrack and, if his original sentence has not expired, should be furnished with a warrant (see 2027 and 2028 (1) ), directing:-

(a) if the offender is to be dealt with summarily, that he be discharged;

(b) if the offender is to be tried by court-martial, that he be delivered over to naval custody for trial.

2030. Admission to and release from prison or detention quarters. A sufficient escort is to accompany each offender sent to confinement and the Commanding Officer of the ship on whose books the man is borne at the date of release is to take care that arrangements are made for some proper person or persons to be at the place of confinement at the exact time when he may be entitled to his release, to receive and conduct the man on board; when the sentence expires on a Sunday, the man is entitled to be released on the Saturday preceding. See also 2082 (4) on conveyance of offenders.

2033 DISCIPLINE (PART III)

SECTION III. CIVIL POWER

2033. Arrest on criminal charge. The Captain is to afford every facility to the civil power in detecting and apprehending persons serving on board whose arrest is required on any criminal charge, but he is to require any constable, or other civil officer coming on board to search for or apprehend such persons, to produce his warrant or to show satisfactory evidence of the character in which he acts.

2. No officer or man in lawful custody on board can be claimed by the civil authorities for trial in a civil court, except on a writ of habeas corpus or on an order by the Secretary of State. He may, however, be surrendered voluntarily to answer a criminal charge if such charge is in respect of a civil offence of a graver or more serious nature than the naval offence for which he is held in custody on board. Prior Admiralty authority should where possible be sought before such a course is taken.

2034. Arrest for debt. The Captain will be justified in not allowing any officer or man who may be under arrest on board to be taken out of the ship under a civil process for debt. If any person should, while under arrest, necessarily be sent to hospital, the Captain is to inform the Medical Officer-in-Charge of the establishment of the fact in order that he may not be surrendered under any civil process. See also 2085.

2. The Captain will also be justified, under Sections 97 and 98 of the Naval Discipline Act, in not allowing any naval rating or Royal Marine belonging to the ship to be taken under any warrant, process, or writ of execution whatever, which may be issued in any part of Her Majesty's dominions, for any debt or alleged debt, unless such debt shall have been contracted by the debtor at a time when he did not belong to Her Majesty's service. The protection afforded by Sections 97 and 98 of the Naval Discipline Act does not extend to officers.

3. The Captain is not to permit the seizure by civil process on board the ship within Her Majesty's dominions of any articles of uniform or clothing which may reasonably be necessary to enable the officer or man to whom they belong to perform the duties then or likely at any time to be required of him.

2035. Serving of writs and other legal processes. The Captain is to permit writs and other legal processes to be served on board, provided that no serious inconvenience is thereby caused to Her Majesty's service.

2. When a subpoena or witness summons requiring attendance at any court of justice is served upon a member of the ship's company, the Captain is to grant such leave as may be necessary, provided that the efficiency of Her Majesty's service is not impaired thereby. If in the opinion of the Captain such leave cannot be granted without so impairing the efficiency of Her Majesty's service, he is, if the ship is in home waters, immediately to report the circumstances, attaching all relevant documents, through the Senior Naval Officer to the Admiralty for directions, and at the same time inform the officer of the court that he is so doing.

2036. Summons for maintenance of family. Nothing in Article 2035 shall affect the procedure in cases under the Naval Discipline Act, Section 98a, laid down in Section VII.

2037. Civil offences committed by naval personnel in the United Kingdom. Naval personnel who commit civil offences must be tried by a civil court unless the offence is committed on certain premises under the control of the Admiralty (see 1803) or is a specific offence against naval discipline, when it can, under Section 46 of the Naval Discipline Act, be dealt with by a naval authority. Apart from offences committed on naval premises, such cases are not likely to be frequent, and in practice it is generally only desirable for offenders to be handed over to naval custody in cases of a minor nature such as drunkenness or brawling with other service personnel, or where the offence is trivial from the civil point of view, but serious from a service point of view, e.g. striking a superior officer.

2. Where, therefore, a dual jurisdiction exists, the decision whether an alleged offender should be tried by a civil court or dealt with by the service authorities, rests with the Chief Officer of Police or (in Scotland) the Procurator Fiscal concerned, who will, wherever practicable, consult the Commanding Officer of the ship or unit to which the alleged offender belongs, before reaching a decision. This decision will depend primarily on whether the alleged offence has affected the person or pro-

III. CIVIL POWER 2043

perty of civilians; if so, there is a strong presumption that it would be desirable for the offender to be dealt with by a civil court. Even in such cases however, circumstances may nevertheless make it desirable for the alleged offender to be handed over to service authorities, as, for instance, when the alleged offender is due for service abroad, and would otherwise be unable to travel with his draft.

2038. Report of arrest. It is the duty of any officer who may be arrested by the civil power to report the fact forthwith to his Captain, or, if he is on full pay sick leave or foreign service leave, to the Commanding Officer of the establishment where he is borne for pay (B.R. 1950 Naval Pay Regulations Article 1085).

2. Every civil or criminal. arrest of an officer or man is to be reported by the Captain to the Commander-in-Chief, who will inform the Admiralty in all cases in which the arrest is in respect of a prosecution under the Public Stores Act 1875, and in other cases only when an officer is concerned. This procedure is to be followed where the civil authorities hand over the offender to be dealt with under the Naval Discipline Act, as well as where they institute proceedings in the civil courts.

2039. Report of refusal to surrender. Every case of refusal to surrender an officer or man to a warrant, summons, or other process, is at once to be reported fully to the Commander-in-Chief or Senior Officer present, with the grounds of such refusal, and the offence, if any, with which the officer or man is charged on shore and those for which he is under arrest or in custody on board.

2040. Trial by civil power-attendance of officer. When an officer or man is on trial by the civil power for an offence at a place within the Commonwealth in the neighbourhood of his ship, an officer from his ship, is if practicable, to attend to watch the trial.

2. If called upon by the court to testify to the character and antecedents of the accused, the officer who attends is not to give information of minor offences against the discipline of the Service unless specially required by the court to do so, since the nature of these offences is liable to be misunderstood to the prejudice of the accused. For the same reason he is not to take -a man's conduct sheet with him to court.

3. If the accused be committed for trial, the officer watching the case is to mention to the accused the desirability of asking the court whether he is not entitled to bail or, if not entitled, whether he may not have bail.

4. Before leaving the court an offices attending in court is to obtain sufficient information from an official, who will normally be the clerk of the court or one of his staff, to enable Form S.273 to be completed by the Captain without delay, see 2043 (5).

5. Where an officer does not attend the court, the police should be informed of the general character of the accused and be requested to communicate the decision of the court in due course (so that action may be taken under Article 2043). Where the Clerk to the Justices claims a fee not in excess of three shillings for a certificate of conviction, the claim may be met from public money.

2041. Men admitted to bail. When a man has been arrested by the civil power and afterwards admitted to bail, and the ship to which he belongs leaves the port before he is dealt with, he is, if possible, to be lent to a ship remaining at the port. If no naval accommodation is available, he is to be handed over to the civil authorities before the ship leaves.

2042. Expenses of rejoining ship after trial. In home waters, a man who is left behind by his ship because of proceedings against him in a civil court, whether he is subsequently acquitted or convicted, is, in the absence of an early government opportunity, liable for the whole cost of rejoining his ship. Special cases in which, owing to the movements of the ship, it is considered this liability should not be enforced, may be represented to the Admiralty.

2043. Naval penalties on conviction by the civil power of offences committed while serving in the R.N. In considering naval penalties it must be borne in mind that the punishment for the offence has already been awarded by the civil court and the principle of consequential naval penalties is based on the administrative discretion of the Admiralty to withdraw privileges, benefits or distinctions. Naval penalties are appropriate only as the withdrawal of such privileges, benefits or distinctions for which the civil offence or the sentence imposed by a civil court show a man to be unfitted; they are not punishments and no attempt is to be made to adjust the penalties according to the opinion of the Commanding Officer regarding the civil sentence inflicted or the manner in which the offender has been dealt with. The sole criterion is the disgrace or discredit brought on

2043 DISCIPLINE (PART III)

the Service, the uniform or the position the man holds. A higher standard of conduct can reasonably be expected of senior ratings, both afloat and on shore, but certain offences committed by senior ratings are not necessarily more heinous than if committed by junior ratings. For a civil offence or sentence to warrant disrating as a naval penalty it must, in addition to the discredit brought on the Navy or on the uniform, show that the man concerned is unfitted for the rating he holds.

2. STOPPAGE OF PAY AND FORFEITURE OF TIME. When a man appears before a civil court and is either sentenced, placed on probation or discharged conditionally or absolutely, an offence has been found proved against him and in these circumstances any period during which he is absent, other than on leave, in civil custody, attending his trial or serving his civil sentence, normally entails the forfeiture of one day's pay and time for every 24 hours or portion of 24 hours of such absence. (Because an absence of 24 hours, which only entails the forfeiture of one day's pay and time, may be composed of the latter part of one day and the earlier part of the next day, care must be taken to ensure that forfeitures of pay and time are calculated with reference to the number of hours, and not the number of calendar days, which a man's absence embraces.) This penalty should however be remitted by the Commander-in-Chief or Flag Officer (see Clause 5) when the period of absence is trivial and/or the offence is venial and brings no discredit on the Service, and may be remitted in other cases where there are special grounds for remission. This penalty takes effect from the commencement of each separate period of absence, i.e. from the date of arrest, unless on leave at the time, from the date of expiration of leave if arrested during leave and still in custody when leave expires, and from the date of surrender to bail if allowed to return to the ship before trial. These periods should be recorded separately in the " Time Forfeited " column of the man's service certificate. In order to make apparent the date on which the offence was found proved, time forfeited from that date is to be shewn separately even when the man has been in continuous civil custody for a day or more before trial. See also 1056 (11).

The Captain may approve stoppage of pay and forfeiture of time as naval penalties if no other penalty is proposed.

Forfeiture of pay for absence of Royal Marines on shore strength under the Army Act is governed by Sections 138 and 140 of that Act and, with the approval of the Commandant-General, may be remitted in specially deserving cases.

3. OTHER NAVAL PENALTIES. (a) In addition to stoppage of pay and time one or more of the following penalties may be imposed according to the degree of disgrace or discredit that the offence which has been found proved against the man has brought on the Service, the uniform or the position which the man holds (see Clause 1). No other penalties or punishments are to be imposed. The approval of the Commander-in-Chief or of a Flag Officer is always to be obtained, except for penalties (i) and (ii) which may be approved by Commodores of Depots. The approval of the Admiralty is required for (vi) (Discharge S.N.L.R.).

(i) Stoppage of leave not exceeding 30 days.

(ii) Reduction to the second class for leave.

(iii) Deprivation of one or more good conduct badges.

(iv) Deprivation of Long Service and Good Conduct medal.

(v) Disrating.

(vi) Discharge S.N.L.R. (Services no longer required.)

(vii) Break in continuity of " Very Good " conduct if not already involved by other penalties.

(viii) Character at end of year inferior to that automatically involved by other penalties.

(b) Naval penalties awarded as the result of an offence having been found by the civil power to have been proved against a man are to be taken into account when assessing characters in accordance with the rules in Chapter 18, Section VI, e.g. a man deprived of a good conduct badge as a naval penalty is not to be given a character assessment higher than " Good " (or " V.G.* " when appropriate) at the end of the year. If the penalties proposed do not involve a break in continuity of " Very Good " conduct (see 1868 (2) ) the item " Break in continuity of " Very Good " conduct if not already involved by other penalties " on Form S.273 is to be answered " Yes " or " No."

(c) If it is desired to award a man a lower character than that which he would automatically earn (see (b) ), the item " Character at end of year inferior to that automatically involved by other

III. CIVIL POWER 2043

penalties " on Form S.273 should be completed to show the character proposed; otherwise this heading is invariably to be answered " No."

(d) Once it has been approved, the award of a lower character as in sub-clause (c) above is mandatory and should be noted at once in the " Time Forfeited " column of the man's service certificate. For effect on " Very Good " conduct see 1868 (2).

4. OFFENCES DEALT WITH BY THE POLICE. In some countries where an accused person admits an offence, that offence may be dealt with by a fine imposed by the police authorities, without the case coming before a court, except for endorsement of the police action. In such cases an offence has been found proved, and naval penalties may accordingly be imposed. The degree of disgrace or discredit brought on the Service in such cases may be less than it would be where the accused is brought before a court, and naval penalties may therefore be correspondingly lighter.

$. REPORT OF TRIAL AND NAVAL PENALTIES PROPOSED. After a trial at which an offence has been found proved by the civil power, a report on Form S.273 is to be prepared and if necessary submitted, without any avoidable delay, use being made of the information obtained by the officer attending the court (see 2040 (4) ). In cases where no officer is attending the court the Form S.273 is to be prepared and if necessary submitted, as soon as possible. If any penalty in addition to forfeiture of pay and time is considered appropriate, the report is to be submitted to the Commander-in-Chief or other Flag Officer to whom reference can most conveniently be made giving the Captain's proposals for the imposition of naval penalties in accordance with Clauses 2 and 3, unless the case is dealt with by the Commodore of a Depot and the penalties are within his powers of approval, when the Commodore may approve the Form S.273. In making these proposals it must be borne in mind that since any penalty shown in Clause 3, other than stoppage of leave, involves a break in continuity of " Very Good " conduct and may involve a character below " V.G.", the ultimate effect of the penalty will vary' considerably in each particular case, depending on the man's length of service, previous record, and his position as regards eligibility for good conduct badges and/or medal and advancement (e.g., a break in continuity of " Very Good " conduct may delay a man's advancement, and it involves a considerable loss of badge pay if a man is almost due for the award or restoration of a badge; a character below " V.G." may render a man ineligible for the Long Service and Good Conduct medal? When the Captain considers that stoppage of pay and forfeiture of time would be a sufficient penalty he may approve the Form S.273 himself but any remission of this penalty requires. approval, see Clause 2.

6. If discharge S.N.L.R. is proposed an additional copy of Form S.273 should be prepared for transmission to the Admiralty with a copy of the man's service certificate and Form S.239.

7. When a Form S.273 is forwarded for approval of any naval penalties, the rating concerned is always to be informed that such approval is being sought, but he is not to be informed what penalties have been proposed.

8. All the penalties specified in Clause 3 take effect from the date on which the offence was found to have been proved, with the following exceptions:

(a) Stoppage of leave not exceeding 30 days is to take effect from the date on which the approved Form S.273 is received from the Commander-in-Chief or Flag Officer.

(b) Penalties (v) and (vi) cannot be imposed with retrospective effect if the man is returned to duty before the penalty has been approved.

9. WHEN NOTICE OF APPEAL to a higher civil court is given, the imposition of naval penalties is to be suspended pending the result of the appeal. If the man returns to duty pending the hearing of the appeal he should be unaffected by the decision in the first court. If the proof of the offence is upheld on appeal, naval penalties are to take effect from the original date on which the offence was found to have been proved, with the exceptions specified in Clause 8 (a) and (b).

10. The decision regarding naval penalties is to be noted, with all necessary particulars, in the ledger and in the remarks column of the man's Record of Offences Sheet. The necessary authority is the approval given on Form S.273 ; a warrant is not required.

11. If a break in continuity of " Very Good " conduct is involved it is to be noted in red ink in the appropriate column of the man's Recommendation for Advancement and Conduct Record Sheet unless a penalty equivalent to a warrant punishment has been imposed, when the entry should be in black ink.

2044 DISCIPLINE (PART III)

12: Forms S.273 are to be numbered consecutively throughout a commission and enclosed in the quarterly return of punishments (Form S.181), see 2094. Ships in permanent commission should start a nevi series on 1st January of each year.

13. Each man is to be informed formally of the penalties imposed upon him. 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). If the man is in a civil prison the decision regarding naval penalties should be communicated to him.

2044. Detention in a Borstal Institution. When a man who has a charge outstanding against him in respect of a Service offence is convicted by the civil power and awarded a Borstal sentence, full particulars are to be reported to the Admiralty through the usual channels, a copy being sent to the Commodore of the man's Depot. The report is to be accompanied by a copy of the man's service certificate and Forms S.239 and S.273 after approval.

2045. Royal Air Force ranks on loan to the Royal Navy are subject to naval penalties so far as they are appropriate and fair. Reports on Form S.273 are to be rendered in the same way as for naval ratings. In addition when the civil sentence is imprisonment, a certificate of the conviction and the man's service documents, accompanied by a statement whether discharge is recommended, are to be forwarded to the Admiralty for transmission to the Air Ministry (Queen's Regulations and Air Council Instructions, Paragraph 1133, Clauses 4 and 6).

2046. Bearing of men in civil custody. Men against whom an offence has been found proved by the civil power, whether sentenced to imprisonment or not, are to continue to be borne on the books of the ship to which they belong unless they will not return to that ship, when they are to be transferred to the books of:

(a) the depot ship, if there is one in the vicinity; or if there is no depot ship,

(b) some other convenient ship in the vicinity; or if there is no such ship,

(c) the flagship.

SECTION IV. DESERTERS AND ABSENTEES

2051. Definition of desertion. By Section 19 of the Naval Discipline Act the offence of desertion is defined as the doing of any act by a person subject to the Act, which shows an intention -on the part of such person not to return to his ship or place of duty. See Article 2237 (B.R. 11, Article 462a, Clause (iia) ).

2. Naval ratings and Royal Marines who may have quitted their ships without leave or have overstayed their leave, or have improperly absented themselves when detached on duty and who may be apprehended beyond the precincts of a dockyard or other government establishment in which they may have been employed, are to be charged as absentees or as deserters, according to circumstances, which are to be judged by their respective Captains.

2052. Apprehension of deserters and absentees. Every possible effort is to be made to check desertion and absence without leave, and by lawful means to detect and apprehend deserters or absentees.

2. Descriptions on Form S.243 are to be-distributed as may be directed by Commanders-in-Chief.

3. At home warrants for arrest, with description attached, are to be sent to the police authority at the place where the man deserted, his usual place of residence and any other places where he may be likely to have gone. A description on Form S.243 is to be sent to the Editor of the " Police Gazette," New Scotland Yard, London, S.W.1 for circulation. Action in accordance with this clause should be taken not later than the day on which the man is marked " R ", or earlier at the Captain's discretion, see 2054.

4. Warrants are not to be sent to police authorities in the Irish Republic without prior Admiralty approval.

IV. DESERTERS AND ABSENTEES 2054

5. On the recovery of a deserter or absentee any warrants and descriptions known to have been issued are to be cancelled. The Captain of the ship in which the man is received for trial is to inform the Editor of the " Police Gazette " at once that the man has bees recovered, irrespective of whether or not a description has appeared in the Gazette, unless it is knows that a description has not been sent to the Editor.

6. Commanders-in-Chief on foreign stations are to make such special local regulations in regard to the apprehension of deserters, and payment of rewards, as the circumstances may require, subject to the instructions contained in this section.

7. If any officer or rating serving abroad is absent without leave for more than seven days, the Captain is to notify the next-of-kin by airmail letter. This notification should only describe the officer or rating as an absentee when the facts are beyond all doubt. Otherwise, the notification should not describe him as missing or an absentee, but should state the circumstances of his absence, e.g. that he failed to report on board from leave when expected, that enquiries are being made and that the next-of-kin will be kept informed. If the missing person-returns to duty, or if it becomes certain that he is an absentee, the next-of-kin should be informed accordingly. See 1604 on reports of death or serious illness.

In home waters a similar letter may be sent if considered desirable, or the Captain may at his discretion adopt the procedure given in B.R. 49 Naval Secretariat Handbook.

8. No measure is to be taken for apprehending deserters or absentees on foreign soil without the permission of the local authorities.

9. No officer of Her Majesty is to search any foreign ship for any naval deserter or absentee, whether such ship be in foreign waters or elsewhere, and whether the officer be or be not armed with a warrant for arrest under Section 50 of the Naval Discipline Act.

2053. Deserters and absentees on sailing. If any person below the rank of officer is absent without leave when a ship sails, the notation " R.Q." is to be placed against his name in the ledger, Form S.219 being rendered, in accordance with the instructions thereon, as required by local orders. A copy of any warrant for arrest that has been issued should accompany the Form S.219.

2. If the ship is likely to be absent for any considerable period the absentee's service documents should accompany Form S.219, otherwise details of the current absence and any previous offences are to be inserted on Form S.219, so that the case can be investigated and dealt with in the event of the long absence of the ship.

3. If any such absentee should return or be apprehended and brought back while his ship is absent he may be

(a) sent to his proper ship, or

(b) dealt with in the ship to which he is brought.

Course (a) is preferable from the disciplinary point of view provided it does not involve undue delay in the investigation of the case. See also 0986.

4. If the man has been absent for 60 days or more, or his ship has left the station, action as in Clause 3 (b) will normally be appropriate. In this event he should, under the authority of the Senior Officer, be entered on the books of the ship to which he may return or be brought back, unless his pay account has already been transferred in accordance with the instructions in B.R. 1950 Naval Pay Regulations, and dealt with by the Captain of that ship.

5. If the man is convicted of desertion the notation " R " is to be substituted for the " R.Q." against his name in the ledger of the ship from which he absented himself. If intent to desert is not proved the " R.Q." is to be removed. The Captain who deals with the case summarily is responsible for seeing that the necessary action is taken in accordance with this clause, and as required by the Naval Pay Regulations.

2054. When absentees to be marked " Run." If any person absents himself from his duty without leave and fails to give a good and sufficient reason for his absence, he is to be checked to absence on the ship's books; on the day of his absence if his absence began before noon, and on the day following his absence if his absence began after noon.

2. If an absentee has not returned at the expiration of seven days, he is, irrespective of the 12 o'clock rule for checking, to be marked " Run." The letter " R " is to be placed against his name on

2055 DISCIPLINE (PART III)

the ship's books on the day an which his absence began, his pay terminating on and including that date. He is not, however, to be discharged from ship's books until authority for his discharge shall be given by the Captain of the ship, see 2055. While so marked " Run," he shall not be entitled to receive the pay which has accrued to the date of his discharge, unless the tribunal by which he is tried, or the Admiralty shall otherwise direct, see 2073.

3. If the Captain should subsequently be satisfied that there was no intention to desert, he is to remove the " R " provided the person has not been convicted summarily as a deserter, and to cause payment to be made of the pay accrued, a report being made on Form S.161, but see 2085 (4).

4. Whenever a person is convicted of desertion, the " R " is to be placed against his name-on the ship's books if this has not already been done under Clause 2.

2055. Discharge of absentees from ship's books. When a person has been absent without leave for more than three months, the Captain may authorise his discharge from ship's books. No such authority is, however, to be given if there is reason to suspect that he may be required to answer charges other than desertion, in which case the circumstances are to be reported to the Admiralty and the absentee is to remain on ship's books until Admiralty approval is given for his discharge therefrom. See B.R. 1950, Chapter XIX, for accounting procedure.

2. When a deserter is transferred to the books of a Depot (or any other ship) while he is still absent, his Record of Offences Sheet is to be endorsed " No objection to removal from ship's books " or that there is some objection, details of which are to be stated. This is necessary in order that the Depot can decide whether removal from ship's books should be authorised under Clause 1 in due course.

2056. Voluntary surrender. A deserter or absentee who voluntarily surrenders himself to naval authority may be dealt with under the Naval Discipline Act, though no warrant for his arrest may have been issued, and without charging him before a magistrate.

2057. Arrest by naval warrant. If arrested on a naval warrant, a deserter or absentee may be received direct into naval custody and dealt with under the Naval Discipline Act; but no deserter or absentee who has not been arrested under such warrant shall be received from the police or from any other person in the United Kingdom or in any Commonwealth country, unless such deserter or absentee has first been charged before a magistrate.

2058. Arrest without naval warrant. Under Section 9 of the Naval Deserters Act 1847, any person arrested on suspicion of being a deserter or absentee from H.M. Navy shall he taken and charged before a magistrate, and by him either:

(a) conveyed to prison pending inquiry of the naval authorities as to his identity, and afterwards, should such identity be proved, handed over to naval custody; or

(b) committed direct to naval custody on board any one of H.M. ships.

2. After the deserter or absentee has been delivered into naval custody he may, in either case, be dealt with under the Naval Discipline Act.

2059. Recovery after two years. When deserters are apprehended or surrender in the United Kingdom after more than two years absence from the Service, they are not to be removed from their place of confinement until the Admiralty has been communicated with.

Note: This article is suspended so far as men who have deserted since 15th August 1945 are concerned. Such deserters should normally be brought to trial without reference to the Admiralty.

2060. Recovery abroad. Commanders-in-Chief are to make such special regulations as may be suitable.

2. RECOVERY IN NEW ZEALAND. A deserter or absentee from one of Her Majesty's ships who surrenders or is apprehended in New Zealand at a time when no ship of the Royal Navy is available, is until further orders to serve in a ship or establishment of the Royal New Zealand Navy, if so directed by an order given by the Commander-in-Chief or Senior Naval Officer present, specifically naming him and the ship or establishment of the Royal New Zealand Navy in which he is to serve. A warrant under Section 50 of the Naval Discipline Act is to be issued by one of the persons specified in that section before the issue of the order directing the deserter or absentee to serve in a ship or

IV. DESERTERS AND ABSENTEES 2064

establishment of the Royal New Zealand Navy and is to be handed to the New Zealand authorities together with extracts from the ship's books, certified in accordance with Article 2240 (B.R. 11, Article 461), recording that the offender had been serving in the ship at the material date, his absence and his discharge. For deserters from H.M. New Zealand ships see Appendix 8, Part I, Section III (C).

3. RECOVERY IN CANADA. A deserter or absentee from one of Her Majesty's ships in Canadian waters is to be discharged forthwith to the books of H.M.S. Howard, a vessel permanently maintained at Halifax, and the Senior Naval Liaison Officer, Ottawa, as Commanding Officer, H.M.S. Howard, is to- be informed accordingly. Similarly, a deserter or absentee from one of Her Majesty's ships who surrenders or is apprehended in Canada at a time when no ship of the Royal Navy is available, will be drafted to H.M.S. Howard in order that the Commanding Officer may exercise, as necessary, his powers under Section 56 of the Naval Discipline Act.

2061. Identification of deserters and absentees. When any deserter or absentee, whether delivered into naval custody by order of a magistrate or by naval warrant or by voluntary surrender, is brought before the Captain of one of H.M. ships to which he does not belong, to be dealt with summarily, a thorough investigation is to be made with a view to establishing his identity, and a note is to be taken in writing of the proceedings. The offender is at the same time to be asked formally if he has any statement to make, and such statement, if made, is to be signed by the offender and duly witnessed. The accuracy of any such statement is to be tested carefully before the investigation is closed.

2. The written note of the investigation and the offender's statement are to be retained as enclosures to the punishment warrant.

3. Caution is to be exercised in receiving men from foreign vessels who may represent themselves, or are reported, to be deserters from H.M. Navy.

4. Railway warrants should not be issued or any other expenses incurred (e.g. for escorts) in respect of an alleged deserter until action has been taken to confirm as far as possible the naval identity of the individual and that he is in fact definitely recorded as an absentee or deserter.

2062. False confession. Under the provisions of Section 10 of the Naval Deserters Act 1847 any person who voluntarily confesses to being a deserter or an absentee without leave from Her Majesty's Navy, unless he surrender himself into naval custody, may either:-

(a) be taken before a magistrate, and by him delivered into naval custody; or

(b) be arrested on a warrant under Section 50 of the Naval Discipline Act, and delivered direct into naval custody.

2. In either case, however, the question whether he be or be not a deserter or absentee, must duly be investigated by naval authority, and for that purpose he may be detained for a reasonable time, when, if his confession of desertion or absence without leave shall be found not to be true, then he cannot be punished at all under the Naval Discipline Act, but he may either-

(a) be detained and received into Her Majesty's Navy; or

(b) if not received into Her Majesty's Navy, and on conviction of false confession of desertion before two Justices of the Peace, he may be adjudged to be punished, if in England, as a rogue and a vagabond, and if in Scotland or Northern Ireland by commitment to prison, for any time not exceeding three months.

2063. Desertion after re-engagement. Whenever any person who has previously deserted is again convicted of desertion after he has re-engaged to complete time for pension, the question of his retention in the Service is to be referred for Admiralty decision as soon as he has been dealt with.

2064. Rewards for apprehension. Exceptional zeal or intelligence in effecting the arrest of a deserter or absentee, or in causing him to surrender, may be recognised by the payment of a reward, of which the amount is to be determined by the energy and intelligence which has been shown, and is not to exceed L1 for the arrest of a man who has overstayed his leave, or L2 for the arrest within two years of a deserter or of a man who has-

(a) broken out of his ship; or

(b) when on service away from his ship, quitted his place of duty and continued to be absent after the time at which he should have returned to the ship; or

2065 DISCIPLINE (PART III)

(c) when his ship was under sailing orders, continued to be absent without leave after the ship had sailed, provided that the fact of the ship being under sailing orders was generally known.

2. A reward should not be offered beforehand, except in rare cases where the recovery of the deserter or absentee is of especial importance for other reasons.

3. No reward is to be paid for the apprehension of any officer, or to any naval rating, or to any member of a police force employed at a naval establishment.

4. If the constable or other person bringing a deserter or absentee nn board should object to the Captain's award, the question is to be submitted to the Commander-in-Chief, who, if unable to settle it, will forward it for the decision of the Admiralty. If abroad, the decision of the Commander-in-Chief or officer in command of the station is to be final.

2065. Expenses of apprehension in Great Britain. For a deserter or absentee escorted by the police in Great Britain, the only payments which may be sanctioned are as follows:

(a) To the magistrate's clerk (either directly or through the police)-In England and Wales a fee of two shillings; in Scotland, two shillings and four pence.

(b) To the police-The reward, if any, payable in accordance with Article 2064.

Claims for fees in excess of the amounts at (a) above are to be referred to the Admiralty.

2. Except as provided in Article 2066 for the Metropolitan Police, the Supply Officer of the ship to which the deserter or absentee is brought is to pay, on Form S.25, such amounts as may be due, charging to Navy Votes those amounts which are not recoverable from the deserter or absentee, see 2069.

3. If the police claim the railway fares of the escort of the deserter or absentee, reference is to be made to the Director of Navy Accounts for decision as to the amount payable. Normally the police will issue travelling warrants, payment for which will be arranged by the Admiralty.

2066. Expenses of apprehension by Metropolitan Police. For a deserter or absentee escorted by the London Metropolitan Police no payment is to be made by the Supply Officer in respect of the expenses incurred by the constable, or of any reward which may be due to him.

2. The constable will produce a form prepared for the purpose, and will hand it to the Supply Officer of the ship, who will, with the approval of the Captain, forthwith charge the deserter or absentee with the amount of any reward, if due, and note in the space provided on the form the fact of the charge having been made. The form is then to be returned to the constable.

3. The payment of the reward, when due, will be arranged between the Admiralty and the Commissioner of Police for the Metropolis, and any amount chargeable against the deserter or absentee in respect of railway warrants issued by the police for the deserter's or absentee's own conveyance will be communicated by the Director of Navy Accounts, see 2069.

2067. Expenses of apprehension by police of Northern Ireland. For a deserter or absentee escorted by the Royal Ulster Constabulary, the constable or other person bringing him on board may be paid, in addition to any reward payable under Article 2064, incidental travelling and subsistence expenses in accordance with the following regulations, namely:-

(a) Sums, other than railway fares, expended on the actual conveyance of the deserter or absentee, such as hire of cabs, boats, etc.

(b) Subsistence of deserter or absentee-not exceeding one and six pence a day while under detention; or three shillings and nine pence a day when travelling.

(c) Subsistence of escort. At the rate payable under the regulations of the Royal Ulster Constabulary according to the time necessarily occupied in conveying the deserter or absentee to his destination, and returning.

(d) Except in special cases, the only other payments which may be sanctioned are the statutory fees of two shillings to the magistrate's clerk, and two shillings and sixpence to any medical practitioner by whom the deserter or absentee may have been examined.

2068. Expenses of Army and Royal Air Force escorts for Naval, etc. deserters. Army or Royal Air Force funds will bear any expense incurred by Army or Royal Air Force escorts in escorting deserters from the Royal Navy or Royal Marines, and no claim that may be made locally by Army or Royal Air Force Paymasters for such service is to be admitted. Similarly naval funds

IV. .DESERTERS AND ABSENTEES 207

will bear all expenses incurred by naval or Royal Marine escorts in escorting deserters from the Army or the Royal Air Force.

2069. Monetary charges against deserters and absentees. Whether the escort be naval, military, air force or police, the only charges for expenses to be made against the pay of a deserter or absentee by the ship to which he is brought are:

(a) the amount of any reward paid for his apprehension; (b) the cost of his own fare.

These items are to be shown separately in the ledger unless remitted.

2. The amounts chargeable for railway warrants issued by the police in Great Britain or Northern Ireland for the deserter's or absentee's own conveyance will be communicated to the man's ship by the Director of Navy Accounts.

3. Commanders-in-Chief abroad may, at their discretion, limit the charges to such a sum as could be liquidated in three months if dealt with as a debt under B.R. 1950 Naval Pay Regulations, Chapter XXI, care being taken that advances of pay and allotments are restricted as laid down therein. At home, the question of remitting any portion of the charges will be decided by the Admiralty.

4. The amount charged against the offender's pay (or if this cannot definitely be ascertained, the approximate sum) is to be noted for information (but not as a punishment) on the punishment warrant and in the daily record of offences.

2070. Forfeitures consequent upon desertion. All pay, head money, bounty, salvage, prize money, and allowances which have been earned by a deserter, and all annuities, pensions, gratuities, medals and decorations (including good conduct badges) which may have been granted to a deserter, are forfeit to the Crown, unless the tribunal by which he is tried, or the Admiralty, shall otherwise direct. These forfeitures, except medals and decorations (for which see 2071), should be remitted only in exceptional circumstances and the reason for the remission is to be reported to the Admiralty.

2. The forfeiture of pay, allowances, annuities, pensions or gratuities does not apply to monies which should have been paid on the last regular pay day before desertion but for some accidental reason were not paid; or monies which have accrued to the credit of boy ratings up to and including the last regular pay day before desertion. See B.R. 1950, Chapter XIX, for necessary ledger notations.

3. Application for authority, under Section 24 of the Naval Discipline Act, to sell the uniform and effects left by a deserter or absentee on board or at his place of duty, is to be made to the Admiralty, or on a foreign station to the Commander-in-Chief, after the man has been absent for a period of one month. On receipt of this authority, the uniform and all effects are to be collected, listed and sold in the manner laid down in Articles 1665 and 1666, but no effects are to be treated as " reserved."

4. When the uniform and effects have been forfeited or sold under the Naval Discipline Act, the Admiralty alone has power to remit the forfeiture. If, however, the man is recovered after application has been made for authority to sell, or authority has been given for the sale but the articles have not actually been sold, the uniform and effects may be returned to him, but he is to be charged with their estimated value, as assessed by the Supply Officer. Where the uniform and effects of a recovered deserter have not been forfeited or sold, and they are restored to him by order of the court-martial by which he is tried or by the Captain by whom he is dealt with summarily, no charge is to be made.

5. The provisions of Clauses 3 and 4 apply also to Royal Marines except that the uniform clothing, arms, musical instruments and equipment of those who desert while subject to the Army Act are to be dealt with as provided by that Act.

2071. Forfeiture of medals on desertion. When a man is dealt with summarily on a charge of desertion and is found guilty, a definite decision is to be recorded about the retention or forfeiture of gallantry medals or decorations, including those which have been gazetted but are not yet in the man's possession, see 1956. The forfeiture of campaign medals and commemorative medals should not be remitted. When a man. is convicted of desertion by court-martial, no mention need be made of medals in the sentence mess the court remits the forfeiture of any of them in accordance with Clause 3.

2072 DISCIPLINE (PART III)

2. When the offence is desertion during hostilities, the tribunal should not remit the forfeiture of decorations and medals, but should report to the Admiralty the forfeiture of any medal awarded for gallantry, or of any decoration. The Long Service and Good Conduct Medal is automatically forfeited, see 1958 (5) (a).

3. When the offence of desertion has not been committed during hostilities, the tribunal should remit the forfeiture of any decoration or medal awarded for gallantry, but should not remit the forfeiture of campaign or commemorative medals. Forfeiture of medals and decorations awarded for conspicuous service, long and efficient service or meritorious service may be remitted at the discretion of the tribunal, but if the forfeiture is not so remitted a special report is to be made to the Admiralty. The Long Service and Good Conduct Medal is automatically forfeited, see 1958 (5) (a). In respect of other medals, the decision about forfeiture or retention is at the discretion of the tribunal: when the offence is tried summarily, forfeiture is subject to the approval of a Flag Officer.

4. Any remission or forfeiture which is not in accordance with these recommendations is to be specially reported to the Admiralty.

5. A deserter who is not reclaimed is disqualified for the grant of a medal or decoration not already awarded for service before desertion, but not for a medal or decoration awarded for gallantry unless the desertion is during hostilities.

6. Forfeited medals and decorations are to be forwarded to the Director of Navy Accounts for custody.

7. Forfeiture of badges, medals and decorations is to be indicated on the service certificate in the following manner:-

Badges.-The notation " Badge (or badges) forfeited " is to be made-after the last badge entry. If the man is not in possession of a badge the notation should be " Badge time forfeited," see 1872 (2) (c).

Medals and Decorations.-The relative entries are to be ruled through and the notation

" Forfeited," with the date of conviction, is to be inserted below. Remission of forfeitures is to be indicated in the appropriate columns by the notation " Forfeiture remitted."

The notations are to be attested by the Captain.

2072. Restoration of medals forfeited. Medals (other than Long Service and Good Conduct Medals) which have become forfeited in consequence of desertion may be restored with Admiralty approval in the following circumstances:

(a) On completion of a period of three years service with " Very Good " conduct after punishment for desertion.

(b) On promotion to petty officer or sergeant, if re-entered below that grade.

(c) On mobilisation from the reserve.

(d) On re-engagement for pension after completion of first period of service.

(e) At the discretion of the Admiralty in recognition of meritorious service not necessarily recognised by a decoration or when otherwise specially recommended.

(f) Men who are discharged owing to (i) time expiry, or

(ii) death, or

(iii) wounds or sickness not due to misconduct, before completing the qualifying period of service as provided above, may be granted restoration if they can be shown to have had continuous " Very Good " conduct from date of re-entry to the time of their discharge.

2. If the desertion was during a state of war no award(s) instituted for service during the period of hostilities in which desertion took place will be restored unless the individual subsequently rendered approved service in the armed force from which he deserted, in the area and prior to the termination of the particular period of hostilities for which the award was instituted. Approved service for this purpose may be paid service of one day or more subsequent to sentence.

V. ARREST AND NAVAL CUSTODY 2081

3. Application should be made to the Director of Navy Accounts for re-issue, which will be made

(a) free of charge when the original medals have been returned to the Admiralty on being forfeited, or when the medals have been forfeited before issue;

(b) on repayment as duplicate issues when the original medals were not recovered, provided that a satisfactory explanation of the circumstances of the loss is forthcoming. A report on this point should be forwarded as directed in Article 4715.

4. Restoration of medals is to be noted on the men's service certificates.

2073. Removal of " R." by Admiralty. A man who has completed the following service with continuous " Very Good" conduct may apply to his Captain for the "R" to be removed:

(a) Three years within five years of service from re-entry after punishment for desertion;

(b) Four years within nine years of service from re-entry after punishment for desertion;

(c) Six years within any time after punishment for desertion.

The periods of five and nine years are to be reckoned from the day after the completion (or suspension if applicable) of the sentence awarded for desertion.

2. If the Captain considers the man's general behaviour to have been satisfactory and is able to recommend him as deserving the concession, he is to forward the application with a definite recommendation for the consideration of the Admiralty as early as practicable after completion of the qualifying period. If the Captain is not prepared to recommend a man as deserving the concession, the man is to be informed and a note " Not recommended for removal of " R " is to be inserted on his Form S.239 (columns 14 and 15 of the form can be utilised for this purpose). Belated applications are to state any known reason for the delay and whether or not the man has previously applied. Original service certificates and conduct sheets should accompany all applications.

3. Where a man has deserted more than once, an application under Clause 1 (a), (b) or (c), may be made for the removal of the last " R." If this is approved, a man may begin to qualify for the removal of a previous - R" under the same rules, the period of five or nine years being reckoned from the date of the removal of the last " R." and similarly with any further notation of " R."

2074. Punishment and drafting of deserters and persistent leave-breakers. Consideration should be given to the desirability of applying for the addition of the summary punishment of Dismissal from H.M. Service (see 1943) to such other summary punishment as is awarded to deserters and persistent leave-breakers who are considered unlikely to render any further useful service to the Royal Navy.

2. The procedure for drafting deserters and persistent leave-breakers under suspended sentences is given in B.R. 14 Drafting Regulations.

SECTION V. ARREST AND NAVAL CUSTODY

2081. Arrest and eight-day reports. When an officer or man is placed in arrest, the Captain is to take care that no more restraint is put upon his personal liberty than the discipline of the Service requires and the nature of his offence may render expedient. Arrest is not a punishment but is a means adopted to ensure the safe custody of an offender until he can be dealt with adequately. See 0146 and 0147 on authority of Commanding Officer.

2. (a) Whenever a person waiting trial remains under close arrest (see 2082 (2) ) for more than eight days without a court-martial or disciplinary court for his trial being ordered to assemble, a special report on the necessity for further delay is to be made by the Captain to the convening authority, a copy being sent to the Secretary of the Admiralty (Naval Law Branch). Both report and copy are to be forwarded by the quickest method which is reasonably available. On receipt of the report the convening authority is to satisfy himself of the necessity for the continued retention of the accused under close arrest.

2083 DISCIPLINE (PART III)

(b) A similar report (with copy to the Admiralty) is to be rendered in a similar manner on every eighth day until a court-martial is assembled or the man is released.

(c) On receipt of copies of three such reports in a particular case, the Admiralty will take such action as may be appropriate to expedite the trial or to effect the release of the accused from arrest.

(d) Where, by season of a ship being at sea or for other good cause, it is impracticable to submit an eight-day report to a convening authority without undue delay, it is to be submitted to the Senior Officer present, who is to take the action mentioned under (a). In such cases copies of all eight-day reports submitted to superior authority are to be furnished to the appropriate convening authority as soon as contact can reasonably be re-established.

3. No accused person is to be kept under close arrest for more than 90 days without a court-martial or disciplinary court having been assembled for his trial. At the expiration of this period an accused person is to be released from arrest and will not be subject to re-arrest for the same offence except:-

(a) on the written order of an officer having power to convene a court-martial or disciplinary court for the trial of the offence; or

(b) on a written order signed by or on behalf of the Secretary of the Admiralty; or

(c) on receipt through official channels of information that an order as at (a) or (b) has been signed. Such an order may authorise immediate re-arrest of the accused for a further term not exceeding 90 days if the nature of the charge requires retention in close arrest without a break.

2082. Naval custody. The Captain is responsible for the safe-keeping of every person, offender,

or prisoner, on board, who is placed in naval custody.

2. Such custody may be open or close, according to the circumstances of each case and at the discretion of the Captain, it being clearly understood that open custody involves only such restraint as may be necessary for safe-keeping, whereas close custody involves deprivation of all liberty and

continuous supervision.

3. Gags are not to be used. Men who are noisy or violent are to be confined in a cell for such time as may be necessary.

4. The use of handcuffs is to be avoided as much as possible and the only recourse to their use should be for the purpose of ensuring safe custody. Every effort must be made to reduce to a minimum the period during which handcuffed offenders are in view of members of the public. The following instructions for the conveyance of handcuffed offenders are to be strictly observed by all officers, chief petty officers, petty officers and ratings placed in charge of escorts:

(a) When travelling by rail a reserved compartment is to be used and no other passengers, whether Service or civilian, are to travel in the same compartment. Care is to be taken to ensure that offenders are reasonably dressed and are not unkempt or unshaven.

(b) Prisoners are not to be conveyed by Underground, tube train or omnibus. For a small party a taxicab or, if necessary, two taxicabs are to be used. If it is necessary to transfer a large party of offenders, a special " private hire " omnibus is to be used.

(c) When it is necessary to obtain food and it is essential for the prisoner to remain handcuffed, the escort should select as quiet and as unfrequented a place as possible. Service and other canteens should be avoided.

(d) Except where it is unavoidable - e.g. in the case of the arrest in a public place of a violent person, naval ratings must not be marched through the streets handcuffed.

5. No British merchant seaman is to be received in one of Her Majesty's ships abroad as a prisoner unless the witnesses necessary to substantiate the charges, or the depositions taken upon the charge under which the prisoner is in custody, accompany him, or unless the Senior Officer is satisfied that the witnesses will be in attendance on the arrival of the prisoner at the place where he will be handed over to the civil power.

2083. Offenders awaiting imprisonment or detention. Persons under sentence of imprisonment or detention while on passage in Her Majesty's ships are not to be called upon to do duty except in emergency. They may be dealt with as prisoners at large, that is, kept in open custody, when the circumstances will permit, but they are to be subject to restraint or confinement whenever their safe custody or misconduct on their part may render it necessary. On offenders whose sentences are postponed under Section 74 (2) of the Naval Discipline Act, see 2022.

V. ARREST AND NAVAL CUSTODY 2085

2084. Offenders under sentence. Offenders who may be in naval custody while undergoing a sentence of imprisonment or detention, are, so far as possible, to be subjected to the following rules based on those laid down for naval detention quarters:

(a) They may be permitted to write a letter immediately after sentence or change of custody, and thereafter once weekly, and to receive all letters addressed to them.

(b) Any letters written by or to them are to be read by the Captain, who shall use his discretion in communicating or withholding their contents.

(c) Any visits allowed to them must take place in the presence of an officer or the Master-at-Arms.

(d) Prisoners and persons under detention, who are transferred in naval custody from one place of confinement to another, may be allowed any privileges as regards visits or letters earned by them under the regulations of the establishment from which they have been removed.

2. On letters to and from men undergoing cell punishment see 1955 (7).

3. Such measures are to be taken in Her Majesty's ships to enforce these rules as circumstances will permit, and no departure from them should be allowed unless in exceptional cases, when the Captain is to act according to his discretion, reporting the fact and the special reasons which influenced him to the Commander-in-Chief.

2085. Sickness of accused persons and offenders. Persons waiting trial for a serious offence, by court-martial or otherwise, and offenders waiting transfer to prison, etc., are not to be sent to hospital without the sanction of the Senior Officer present. When so sent, the Medical Officer-in-Charge of the hospital is to be informed that they are to be considered as under arrest.

2. Such officers or men are not to be brought forward for survey without the special directions of the Commander-in-Chief at home or of the Senior Officer present abroad (4270 (3) ). When a survey is held under such directions, the result is to be reported specially to the authority ordering the survey, who will, subject to the provisions of Clauses 3 and 6, decide as to the disposal of the person concerned.

3. In the case of accused persons awaiting trial, the Commander-in-Chief at home or the Senior Officer present abroad shall not, in consequence of the report of the surveying officers, authorise any step which will result in an accused person escaping trial unless the surveying officers shall certify that the accused's mental condition at the date of the alleged offence was such that he was not responsible for his actions, or that the accused's physical or mental condition is such that even the fact of being tried, apart from any sentence that might be awarded, would be likely permanently to impair his health. When survey of an accused person is likely to be delayed by hospital treatment, the certificate may be signed by any three medical officers.

4. If the surveying officers certify that a person awaiting trial for desertion was not responsible for his actions at the time of the alleged desertion, the Captain is to substitute the notation " Shore " for that of desertion (" R.") in accordance with Article 2054 (3), but pay is not to be credited for the period of absence.

5. Where the physical condition of a person waiting trial for desertion is certified to be such that trial would be likely permanently to impair his health, Admiralty directions are to be sought as to the removal of the notation of desertion and credit of pay. Details of the offence and illness are to be given.

6. In dealing with offenders after sentence, the Commander-in-Chief at home or the Senior Officer present abroad shall not, in consequence of the report of the surveying officers, authorise any step which will result in a person under sentence of imprisonment or detention escaping the residue of his sentence, unless the surveying officers shall certify that the offender is medically unfit to undergo even a modified prison or detention routine, as the case may be. If such medical certificate is furnished, the offender may, provided that he is not to be dismissed or discharged for misconduct, be invalided from the Service, but care is to be taken that the sentence is duly entered on his service certificate and elsewhere as may be necessary. The medical certificate is then to be forwarded to the Admiralty in order that the residue of the sentence may be formally remitted.

7. If the surveying officers certify that the offender's mental condition at the date of his offence must have been such that he was not then responsible for his actions, the directions of the Admiralty are to be obtained whether the sentence is to stand or be annulled.

2Q$6 DISCIPLINE (PART III)

2086. Air Force offenders awaiting trial. Persons subject to the Air Force Act and charged with offences under that Act may be taken into air force custody pending trial. Under Section 45 (2) of the Air Force Act, " Air Force custody " for this purpose includes naval custody, and requests from Air Force authorities for such persons to be kept m naval custody should be complied with if possible:

2087. Army and Air Force offenders on passage. Army or Air Force convicts and prisoners, with the sanction of the senior naval officer present, may be received with or without Army or Air Force escort on board H.M. ships for passage, on an application to that effect being made by an Army or Air Force authority. When so received, they are to be deemed to be in " military custody " or " Air Force custody," notwithstanding that it may be found necessary to keep them in naval custody.

SECTION VI. RECORD OF PUNISHMENTS

2091. Record of Offences Sheet. A Form S.239a is to be prepared for each rating on first entry and all offences committed and naval punishments awarded are to be recorded thereon. Naval penalties imposed following conviction by the civil power are to be noted in the remarks column.

2. Form S.239a is to be kept in the man's Form S.239 (see 1057) to which it forms Appendix 1, until he is finally discharged from the Service, when Form S.239a is to be destroyed after his character on discharge has been assessed on his service certificate (1865).

3. It is not desired that all petty offences committed by any man should remain on permanent record against him and for this reason when he joins a ship (other than for passage or to serve a sentence of imprisonment or detention) with a Record of Offences Sheet on which there is a record of any offences in a previous ship (other than on passage) a new Record of Offences Sheet is to be made out but the old one is also to be retained until the next assessment of character on the service certificate, after which it is to be destroyed unless the assessment is being made on desertion.

4. When a man sentenced to imprisonment or detention is transferred to the books of another ship or establishment (see 2024) and after release from imprisonment or detention returns direct to the ship or establishment in which he was sentenced, his Record of Offences Sheet should continue to be used as if there had been no break in the continuity of his service in that ship or establishment.

5. Compliance with Clause 3 will ensure that no single sheet of Form S.239a contains details of offences in more than one ship, so that when the sheets relating to service in a previous ship are destroyed on the next occasion when characters are assessed, the remaining sheets can be retained and will form a complete record of a man's offences in his present ship. So long as the man remains in the same ship, at the end of each year after his character has been assessed and entered on his service certificate, a line in red ink is to be drawn across his Record of Offences Sheet below the last offence committed in that year, in order to ensure that offences in a previous year are not taken into account when his character for a subsequent year is assessed.

6. When a man is transferred to another ship the sheet(s) containing details of his offences since the last assessment of character on his service certificate (usually 31st December) are to remain in his Form S.239 and accompany him to his new ship so that the Captain of that ship may have full details of the man's offences throughout the year when assessing his character on 31st December. Previous sheets are to be destroyed.

7. ROYAL MARINES. Form R.154 (Company Conduct Sheet) is to be used for Royal Marines in lieu of Forms S.239 and S.239a, and is to be kept by the Royal Marine Officer or non-commissioned officer in charge of the detachment. On being drafted a Royal Marine will be accompanied by Forms R.154 covering his service during the current year but if they record any, previous offences a fresh form should be prepared for use in his new ship, the old forms being retained for reference until the next character assessment has been inserted on his service certificate, when all Forms 8.154 containing details of offences in a previous ship or establishment are to be returned to the Director of Pay and Records, Royal Marines, for retention. A Form R.154 bearing no record of offences may continue in use from ship to ship, page 2 being completed and signed in accordance with Article

VI. RECORD OF PUNISHMENTS 2094

1057 (5), on transfer to another ship or establishment, and page 1 signed by the Royal Marine Officer or non-commissioned officer in charge of the detachment. Forms R.154 are required to be kept permanently to comply with the Army Act and they must never be destroyed on board, except those relating to the service of Boy Musicians and Boy Buglers under the age of 18, which may be destroyed when their character has been assessed on the day before attaining that age.

2092. Minor Punishments Books. Officers who have been authorised under Article 1924 to award the punishment of two hours extra work or drill for one day, and Admonition; are to keep a record of the punishments awarded in a Minor Punishments Book. These books are to be signed by the officers awarding the punishments; they are to be examined and initialled by the Executive Officer daily and signed by the Captain weekly.

2. These punishments are not to be recorded on the men's Record of Offences Sheets nor in the Daily Record nor in the Punishment Return. The Minor Punishment Books are to be produced at inspections.

2093. Daily Record. Details of all punishments awarded are to be entered in the Daily Record of Offences and Punishments (Form S.240), with the exception of those recorded in the Minor Punishment Books and the minor summary punishments awarded by the officers commanding troops or air force personnel when embarked for passage. Separate sections of the Daily Record are to be prepared for:

(a) Naval ratings.

(b) Royal Marines.

(c) Airmen attached to the Royal Navy.

(d) Troops embarked for passage

(e) Airmen embarked for passage (See Appendix 7.)

(f) W.R.N.S. ratings (see B.R. 1077).

2. The entries in the Daily Record are to be signed each week by the Captain, punishments awarded by officers other than the Captain having previously been initialled by them. If a separate Daily Record is kept for punishments awarded by the Commanding Officer and Executive Officer of a tender, this is similarly to be signed and inspected weekly by the Captain of the parent ship. In all cases initials are to be followed by the rank of the officer concerned and, except in the case of the Captain, the capacity in which he awarded the punishment. The Daily Record is to be produced at inspections.

3. The Daily Record is to be closed on the last day of each quarter and forwarded in accordance with Article 2094. A new Daily Record is to be opened for the ensuing quarter.

2094. Punishment Return. After the closing of the Daily Record, particulars of the punishments are to be abstracted for the Punishment Return (Form S.181), which, when completed and signed by the Captain, is to be forwarded to the Commander-in-Chief accompanied by:

(a) Daily Record of Punishments and Offences (Form S.240),

(b) Punishment Warrants (Form S.271),

(c) Reports of Conviction by Civil Power (Form S.273), and

(d) W.R.N.S. records of disrating and deprivation of good conduct badges, see B.R. 1077.

2. After due examination, the Punishment Return and enclosures, except the Daily Record, are to be forwarded by the Commander-in-Chief with his remarks to the Secretary of the Admiralty. The Daily Record is to be forwarded to the Director of Navy Accounts.

3. Commanders-in-Chief are also to forward to the Secretary of the Admiralty annually by 1st May, the statistics of summary punishments as required by Form S.590.

2097 DISCIPLINE (PART III)

SECTION VII. PROCEDURE UNDER THE NAVAL FORCES (ENFORCEMENT OF MAINTENANCE LIABILITIES) ACT 1947

2097. Enforcement of maintenance liabilities and service of process-procedure to be observed by Commanding Officers. The liability of officers and men who fail otherwise to provide for the maintenance of their wives and children (whether legitimate or illegitimate) is governed by the Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 and Statutory Rules and Orders 1947 No. 2728.

2. Process must in the case of an officer be served personally upon him but for ratings and Royal Marines, while a summons may be served personally, Section 98A (3) of the Naval Discipline Act provides that a summons may be:-

(a) served directly upon the Commanding Officer, or

(b) left at the Admiralty.

When the summons is served personally upon the defendant, the provision relating to the supply of conduct money does not apply unless (which is unusual) a witness summons is served concurrently with the summons to appear as defendant. Subject to the exigencies of the Service, facilities should be given for the man to answer the summons.

3. When the summons is forwarded from the Admiralty to the ship, it may be assumed that all necessary formalities have been observed, and whenever possible facilities should be afforded. When conduct money is received at the Admiralty, the ship will be advised of the fact in order that the amount received may be advanced to the man. The entries made in the man's account should be reported at the time to the Admiralty.

4. When the summons is served upon the Commanding Officer, the responsibility rests with him that the necessary conduct money is provided. The amount should be ascertained by reference to the Admiralty, and when received should be advanced to the man.

5. With summonses which are served personally, the Commanding Officer is not concerned beyond the giving of the necessary leave.

6. With summonses served on the Commanding Officer or forwarded for service from the Admiralty, the following procedure should be observed:-

(a) If the man is at the time under orders for service on a foreign station (i.e. service based on a port outside the British Isles), this fact should be endorsed upon the summons, which should then be returned direct (by registered post) to the Clerk of the Court from which the summons is issued. All subsequent proceedings are absolutely invalid. The Admiralty should at once be advised whenever this is done.

Note: If, as is usual, the summons is served in duplicate, this certificate can be endorsed on the copy which is to be returned.

(b) There is no objection to the man being informed that a summons has been issued and his being asked, in the case of an illegitimate child, if he voluntarily wishes to acknowledge the paternity of the child and to make a voluntary allotment in favour of its mother, but it should be explained to him that such payment will be evidence against him as an admission of paternity, from which admission he cannot subsequently withdraw. Care should be taken that action on these lines is entirely the wish of the man. The maximum order which can be made by the court for an illegitimate child is 20s. per week.

(c) If the man is not under orders for foreign service, the exigencies of Her Majesty's service may nevertheless prevent the attendance of the man at the date specified on the summons. If that is so the summons should be endorsed with a notation to that effect and returned to the Clerk of the Court. It is then usual for a new summons to be issued for a subsequent date, and much correspondence is avoided if the court is informed of some future date on or near which the man can probably attend. The plea of exigencies of the Service is not to be used merely to evade a hearing of the case.

(d) If the exigencies of the Service will permit the attendance of the man, leave should be granted and facilities afforded for him to attend. But many men will wish to avoid the trouble and expense of a hearing, and will prefer to admit the paternity and to let the case go by default. If so, the man

VII. PROCEDURE UNDER THE NAVAL FORCES ACT 1947 2098

should definitely be informed that the opportunity will be given him to attend in court, and to defend the case if he wishes. If he elects to appear by means of a legal representative, this is regarded as personal appearance for the purposes of the Act. If he persists that he does not wish to attend, the summons should be endorsed to the effect:-

(i) that it has been duly served upon the man,

(ii) that he has been given the opportunity of attending the hearing of the case, but does not wish to do so, and, if appropriate,

(iii) that he will attend the hearing by means of a legal representative.

If the man wishes he can also:-

(iv) sign an admission of the paternity of the child,

(v) sign a consent to a decree for a particular sum.

If the statements are forwarded in accordance with (iv) and (v), they may provide evidence which might not otherwise be forthcoming, and the court is not limited to the amount stated in (v).

2098. Where an order or decree for payment has been made. The order will be forwarded to the Commanding Officer of the ship in which the naval rating or Royal Marine is serving.

2. The Commanding Officer must inquire from the man whether he did in fact defend the case, unless this is distinctly stated in the order, and, if the man did not, whether he received the summons. If the summons was received by the man, the Commanding Officer is to satisfy himself whether the man had a reasonable opportunity of appearing in court to defend the case.

3. If the Commanding Officer is satisfied that the man either did not receive the summons or was prevented by Service requirements from attending the hearing, or for other cause had no reasonable opportunity for appearing to defend the case before the court, he shall forthwith report to the Admiralty.

4. If the Commanding Officer is satisfied that the man did receive the summons, and was not prevented by Service requirements or other reasonable cause from attending the hearing in order to defend the case, he shall endeavour to induce the man to comply with the terms of the order by a voluntary allotment.

5. In the event of a refusal, and provided that the Commanding Officer is satisfied that no other order is in force against the man, deductions should be made forthwith from the man's pay in accordance with B.R. 1950 Naval Pay Regulations, Chapter XV.

CHAPTER 21

CHAPTER 22

Chapters 21 and 22 will be brought into force at a later date. Until then officers are to be guided by Articles 434 to 486 of Q.R, & A.I. 1943, which are reprinted in B.R. 11 Admiralty Memorandum on Naval Court-Martial Procedure. These articles should for the time being be quoted as " B.R. 11, Article 434," &c.

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