Chapter 220 | Europaius

In short

This law, called the Malta Armed Forces Act, establishes and regulates the armed forces in Malta. It covers how these forces are raised, maintained, and governed, including their discipline and operations.

What it regulates

The creation and upkeep of Malta's armed forces, including regular, territorial, and reserve components.
The establishment, governance, and discipline of these forces.
The pay, allowances, pensions, and gratuities for service members.
The enlistment, service terms, and training of individuals within the forces.

Who it concerns

The President of Malta, who is authorized to raise and maintain the armed forces.
Members of the armed forces, including regular, territorial, and reserve personnel.

Key points

The President of Malta can raise an armed force through voluntary enlistment.
Expenditure for the armed forces is covered by funds approved in the annual national budget.
The President can issue regulations and orders for the armed forces, covering aspects like command structure, pay, and training.
The law's provisions also apply to Malta's exclusive economic zone and environment protection area.

Legal text

MALTA ARMED FORCES CHAPTER 220 MALTA ARMED FORCES ACT To make provisions for the raising and maintenance of armed forces in Malta and to provide for matters connected therewith or ancillary thereto. 22nd September, 1970 1st February, 1982 ACT XXVII of 1970, as amended by: Acts XXXV and LVIII of 1974, XIII of 1975; Legal Notice 148 of 1975; Acts XVIII and XXII of 1976, XI of 1977, XX of 1980, XIII of 1983, VIII of 1990, XV of 1990, XXIV of 1995, and X and XII of 2000; Legal Notice 411 of 2007; and Acts XIII, XXVI of 2014, IV and XLIII of 2015 *, and XLI and XLVI of 2016, XXI of 2020 and XXXV of 2023 ARRANGEMENT OF ACT Part I. Part II. Title I. Title II. Title III. Title IV. Part III. Preliminary Maintenance and Government of Armed Forces General Provisions Power to raise, maintain and regulate armed force The Regular Force Enlistment Appointment to corps and transfer from one corps to another Terms, conditions and extension of service Discharge and transfer to reserve Miscellaneous and supplementary provisions The Territorial Force Enlistment and discharge Training Mobilisation The Reserve Force The reserve force Call out of reserves Training Military Offences Treachery, cowardice and offences arising out of military service Mutiny and insubordination Desertion, absence without leave, etc. Malingering and drunkenness Offences relating to property Offences relating to, and by, persons in custody Offences in relation to courts-martial Miscellaneous offences *see also transitory provision in article 20 of Act IV of

Articles 1-2 3-36 3-4 3-4 5-18 5-6 8-10 11-15 16-18 19-30 19-24 26-30 31-36 32-35 37-75 37-43 44-49 50-54 55-56 57-59 60-63 64-65 66-74 Part IV. Part V. Part VI. Part VII. Part VIII. MALTA ARMED FORCES Civil offences Trial and Punishment of Military Offences Punishments Arrest Investigation of, and summary dealing with, charges Courts-martial: General provisions Courts-martial: Provisions relating to trial Offences: Procedure Confirmation, revision and review of proceedings of courtsmartial Appeals from courts-martial Review of summary findings and awards Findings of insanity Functions of Attorney General in relation to courts-martial Commencement, suspension and duration of sentences Execution of sentences of death, imprisonment and detention Trial of persons ceasing to be subject to military law and time limits for trials Relation between military law and civil courts and finality of trials Inquiries Miscellaneous provisions Forfeitures and Deductions and Enforcement of Maintenance Liabilities Ranges, Training and Trespass Use of land and sea areas for ranges Use of land for training of the force Trespass upon land held by the force General Provisions Redress of complaints Provisions relating to deserters and absentees without leave Offences relating to military matters punishable by civil courts Provisions as to evidence Miscellaneous provisions Application of Act and Supplemental Provisions Persons subject to military law Supplemental provisions Savings Articles 76-142 76-79 80-81 82-89 90-97 98-106 108-115 116-120 124-126 127-129 130-131 132-133 134-136 137-142 143-151 152-159 152-153 154-158 160-177 160-161 162-165 166- 171 172-174 175-177 178-185 178-180 181-183 MALTA ARMED FORCES PART I PRELIMINARY
The short title of this Act is the Malta Armed Forces Act. 2.

(1)In this Act, unless the context otherwise requires or it is otherwise expressly provided "acting rank" means rank of any description (however called) such that under such provisions as may be prescribed a commanding officer has the power to order the holder to revert from that rank, and "acting warrant officer" and "acting noncommissioned officer" shall be construed accordingly; "active service" shall be construed in accordance with article 183; "aircraft" means any machine for flying, whether propelled by mechanical means or not, and includes any description of balloon; "aircraft material" includes (

a)parts of, and components of or accessories for, aircraft, whether for the time being in aircraft or not; (
b)engines, armaments, ammunition and bombs and other missiles of any description in, or for use in, aircraft; (
c)any other gear, apparatus or instruments in, or for use in, aircraft; (
d)any apparatus used in connection with the taking-off or landing of aircraft or for detecting the movement of aircraft; and (
e)any fuel used for the propulsion of aircraft and any material used as a lubricant for aircraft or aircraft material; "air signal" means any message, signal or indication given, by any means whatsoever, for the guidance of aircraft or a particular aircraft; "appropriate superior authority" has the same meaning assigned to it by article 83

(1)and article 88

(2); "arrest" includes open arrest; "before the enemy", in relation to a person, means that he is in action against the enemy or about to go into action against the enemy, or is under attack or threat of imminent attack by the enemy; "civil court" means a court of ordinary criminal jurisdiction in Malta; "civil offence" means an act or omission punishable by the law of Malta or which, if committed in Malta, would be punishable by that law; "commanding officer" means the officer commanding the unit to which the man belongs or is attached, but in relation to a person charged with an offence it has the meaning assigned to it by article Short title. Interpretation. Amended by: LVIII. 1974.68. MALTA ARMED FORCES 88; "Commonwealth country" means a country to which article 28 of the Constitution of Malta applies; "corps" means any such body of the force as may from time to time be declared by order of the President of Malta to be a corps for the purposes of this Act; "court-martial" means court-martial under this Act; "damage" includes destruction, and references to damaging shall be construed accordingly; "desertion" shall be construed in accordance with article 50

(2); "enemy" includes all persons engaged in armed operations against any Maltese armed force and any force cooperating therewith and also includes all armed mutineers, armed rebels, armed rioters and pirates; "field officer" means an officer not being a general officer, of every rank above the rank of captain; "the force" means the regular and the territorial force and includes the reserve force; "the Gazette" means the Malta Government Gazette; "Government" means the Government of Malta; "House" means the House of Representatives of Malta; "Malta" has the same meaning as is assigned to it by article 124 of the Constitution of Malta; "man" in relation to the force includes a warrant officer, a noncommissioned officer and a soldier; "Minister" means the Minister responsible for defence and includes any person or authority authorised by the said Minister in that behalf or as may be prescribed; "oath" includes an affirmation, and references to swearing shall be construed accordingly; "persons subject to military law" shall be construed in accordance with article 178; "prescribed" except in Parts III and IV of this Act, means prescribed or provision in respect thereof made by or under regulations or orders under article 4; "provost officer" means a provost marshal or officer appointed to exercise the functions conferred by or under this Act on provost officers; "public property" means any property belonging to any department of the Government or held for the purposes of any such department; "recruiting officer" has the meaning assigned to it by article 5; "the regular force" means any armed force raised under this Act other than the reserve force and the territorial force; MALTA ARMED FORCES "the reserve force" means the bodies mentioned in article 31

(2), and "reserve" shall be construed accordingly; "Rules of Procedure" means the Rules of Procedure made under article 107; "service" means service in the force and, when used adjectivally in the English text and the words "tas-servizz" in the Maltese text, mean belonging to or connected with the force or any part thereof; "ship" includes any description of vessel; "steals" has the same meaning as guilty of theft has for the purposes of the Criminal Code; "stoppages" means the recovery, by deductions from the pay of the offender, of a specified sum by way of compensation for any expense, loss or damage occasioned by the offence; "summary conviction" means conviction by the competent civil court; "the territorial force" means the territorial armed force raised, or deemed to be raised, under this Act other than the reserve of that force.

(2)In Part II of this Act - "competent military authority" means the Commander or any prescribed officer; "date of attestation" in relation to any person means the date on which he signs the declaration mentioned in article 17

(1)and takes such an oath as may be prescribed; "appropriate minimum age" has the meaning assigned to it by article 6.

(3)In Parts III and IV of this Act - "civil prison" means a prison in Malta in which a person sentenced by a civil court to imprisonment can for the time being be confined; "convening officer" in relation to a court-martial means the officer convening that court-martial and includes his successor or any person for the time being exercising his or his successor ’s functions; "military establishment" means a military prison or any other establishment under the control of the Minister where persons may be required to serve military sentences of imprisonment or detention; references to a military sentence of imprisonment are references to a sentence of imprisonment passed by a court-martial; references to a military sentence of detention are references to a sentence of detention passed by a court-martial or awarded by the offender’s commanding officer; "prescribed" means prescribed or provision in respect thereof made by or under the Rules of Procedure or under regulations made under article 141. MALTA ARMED FORCES

(4)References in Parts III and IV of this Act to warrant officers do not include references to acting warrant officers, but references in the said Parts of this Act to non-commissioned officers include references to acting non-commissioned officers and also to acting warrant officers.

(5)Any power conferred by this Act to make provision by regulations, rules, orders or other instrument shall include power to make that provision for specified cases or classes of cases, and to make different provision for different classes of cases, and for the purpose of any such instrument classes of cases may be defined by reference to any circumstances specified in the instrument.

(6)Any power conferred by this Act to make regulations, rules or orders or to issue notices shall include power, exercisable in like manner and subject to the like provision, to vary or revoke any such regulation, rule, order or notice, without prejudice to the making of a new regulation, rule or order or the issuing of a new notice. Extension of applicability to exclusive economic zone area or environment protection area. Added by: XXXV.2023.

S.L. 220.
2A. The provisions of this Act and of any subsidiary legislation made thereunder shall also apply, in accordance with the provisions of the 1982 United Nations Convention on the Law of the Sea as ratified by the Law of the Sea (Ratification) Act, to an exclusive economic zone area or an environment protection area as defined in the Exclusive Economic Zone Act, and subject to the provisions of the Assignment of Powers to Armed Forces of Malta Order, a member of the Armed Forces of Malta shall, in relation to any artificial island, installation, structure, equipment or device therein, have all the powers, protection and privileges which he has in Malta. PART II MAINTENANCE AND GOVERNMENT OF ARMED FORCE TITLE I - GENERAL PROVISIONS Power to raise, maintain and regulate armed force Power to raise and maintain armed force. Amended by:. LVIII. 1974.
3.

(1)It shall be lawful for the President of Malta to raise by voluntary enlistment and maintain an armed force, consisting of a regular and of a territorial force or of either of such forces (including the reserve of such forces), and consisting of such units of any arm and subject to such designation of title as may be prescribed or as the President of Malta may direct.

(2)The expenditure required for the raising and maintenance of the force shall be defrayed out of sums provided for the purpose in the annual estimates of revenue and expenditure for Malta as approved by the House. MALTA ARMED FORCES 4.

(1)It shall be lawful for the President of Malta to make regulations or orders with respect to the establishment, government, and discipline of the force, or any part or unit thereof, the pay, allowances, pensions and gratuities payable to and the enlistment, the terms, conditions and extensions of service and the discharge and training of, members of the force or of any part or unit thereof, and with respect to all other matters and things relating to the force, including any matter by this Act authorised to be prescribed or expressed to be subject to regulations or orders; and may make different regulations or orders or make different provision with respect to the regular force and to the territorial force. Power to make regulations or orders. Amended by: LVIII. 1974.68; XX. 1980.2; XII. 2000.2; XXVI. 2014.4; XLI. 2016.31; XLVI. 2016.2; XXXV.2023.28.

(2)Without prejudice to the generality of the powers conferred by this article, regulations or orders made under this article may(

a)make provision as to the persons in whom command over the force, or any part or member thereof, is to be vested and as to the circumstances in which such command as aforesaid is to be exercised; (
b)provide for the formation of officers and men of the force into units and for appointing, transferring, posting, attaching or otherwise dealing with such officers and men; (
c)regulate the granting of commissions in the force; (
d)regulate the appointment, rank, duties and numbers of the officers and men of the force; (
e)provide for the establishment and government of a reserve of the regular and of the territorial force; and, in regard to the territorial force (
f)provide for the constitution of a permanent staff; (
g)modify or dispense with any of the provisions of this Act relating to the training of the territorial force so far as regards their application to the reserve of that force.

(3)It shall be lawful for the President of Malta by order to empower any member of the force to exercise, in addition to any functions, powers and duties he may have as a member of the force, all or any one or more of the functions, powers and duties as are by law vested in a member of the Malta Police Force and in an officer of the Customs. (3A) Without prejudice to any provision of this Act granting the President of Malta the power to make regulations, the President of Malta may, subject to the provisions of the Exclusive Economic Zone Act, from time to time, make, amend, substitute or repeal regulations for the purpose of regulating, prescribing or otherwise providing for any matters regulated by or under this Act or by or under any subsidiary legislation made thereunder, in respect of an exclusive economic zone area, safety zone or an environment protection area as defined in the Exclusive Economic Zone Act or any activities therein including, but not limited, to the applicability or otherwise of this Act and, or of any subsidiary legislation made thereunder.

(4)MALTA ARMED FORCES Notwithstanding the foregoing provisions of this article (

a)regulations or orders made under this article shall not affect or extend the term for which, and the area within which, a man of the territorial force is liable to serve or, except as otherwise provided by or under this Act, authorise a man of the territorial force when belonging to one corps to be transferred, without his consent, to another corps; (
b)where a man of the territorial force was enlisted before the date of any regulation or order made under this article, nothing in that regulation or order shall render him liable without his consent to be appointed, transferred or attached to any corps to which he could not without his consent have been appointed, transferred or attached if the said regulation or order had not been made; and (
c)for the purposes of any regulation made under this article in connection with pensions and gratuities payable to members of the force, where the service of any member of the Air Traffic Control Corps or of the Airport Company is terminated with the approval of the Commander to take up full time employment with Malta International Airport p.l.c., the employment of such member of the Force with the said Malta International Airport p.l.c., shall be deemed to be service in the force, and such member shall be entitled to a pension or gratuity, as the case may be, under such regulations upon the termination of his service with the said Malta International Airport p.l.c., as if such service were service with the force: Provided that, where such termination of such service with Malta International Airport p.l.c., is due to the winding up of the said company, whether voluntary or otherwise, such termination shall be considered as if it were due to abolition of office: Provided further that the provisions of this paragraph shall not apply unless an Order is made by the Prime Minister indicating that Malta International Airport p.l.c. shall have bound itself with the Government to contribute towards the Government the difference between the cost of the pension or gratuity payable at the time of retirement from Malta International Airport p.l.c., and the cost of the pension or gratuity, as the case may be, computed at the time of the termination of service with the Government for the aforesaid reason of full time employment with Malta MALTA ARMED FORCES International Airport p.l.c.; (
d)For the purposes of paragraph (
c)hereof the pensionable emoluments of such persons of the force on retirement shall be deemed to be the pensionable emoluments payable to a member of the force in a grade and at an incremental level corresponding to the post and incremental level at which such person retires from Malta International Airport p.l.c.; (
e)For the purposes of paragraph (
d)hereof posts and salary grades with Malta International Airport p.l.c. shall be classified in the most nearly corresponding grades and incremental levels in the Armed Forces of Malta by reference to job description, skills, responsibilities and other analogous factors; (
f)The classification referred to in paragraph (
e)hereof shall be carried out by a board composed of a chairman appointed by the Minister from time to time responsible for the Department of Social Security and two other members, one appointed by the Ministry responsible centrally for personnel policies in the public services and one appointed by Malta International Airport p.l.c. The classification shall be subject to the final approval of the Minister from time to time responsible for the Department of Social Security; (
g)Such classification shall take place within three months of any adjustment of salaries of members of the force and, or, of employees of Malta International Airport p.l.c; (
h)No post shall be classified in a grade higher than that of Grade 3 in the service of the Government or such other grade that the Minister from time to time responsible for the Department of Social Security may from time to time by notice in the Gazette determine; (
i)Without prejudice to article 113 of the Constitution, no person may, following a classification as aforesaid, be entitled to rights under the said regulations less favourable than those to which he would have been entitled prior to such classification.

(5)Notwithstanding the foregoing provisions of this article, in so far as the granting of pensions is concerned: (

a)any regulations made under this article may have retrospective effect in order to confer a benefit upon, or remove a disability attaching to any person or class of persons; (
b)no regulation made under this article shall have effect unless it has received the prior approval of the House of Representatives signified by resolution; and (
c)any pension granted under this Act shall be computed in accordance with the provisions in force at the actual MALTA ARMED FORCES date of the officer’s retirement. TITLE II - THE REGULAR FORCE Enlistment Recruiting officers. 5. Recruits in the regular force shall be enlisted by such persons (to be known, and in this Act referred to, as recruiting officers) and in such manner and subject to such regulations as may be prescribed. Enlistment. Amended by: XIII. 2014.2. 6.

(1)A person offering to enlist in the regular force shall be given a notice in the prescribed form setting out the questions to be answered on attestation and stating the general conditions of engagement to be entered into by him; and a recruiting officer shall not enlist any person in the regular force unless satisfied by that person that he has been given such a notice, understands it and wishes to be enlisted.

(2)The procedure for enlisting a person in the regular force shall be such as may be prescribed.

(3)A recruiting officer shall not recruit a person under the appropriate minimum age.

(4)In this Part of this Act the expression "appropriate minimum age" means the age of eighteen years. Appointment to corps and transfer from one corps to another Enlistment for general or corps service and transfer between corps. Amended by: XLIII. 2015.2; XXI of 2020. 7.

(1)Recruits may, in pursuance of regulations made under article 4, be enlisted for service in particular corps, but save as may be provided by such regulations recruits shall be enlisted for general service.

(2)The competent military authority shall as soon as practicable appoint a recruit, if enlisted for service in a corps, to that corps, and if enlisted for general service, to such corps as the competent military authority may think fit.

(3)A man of the regular force may at any time be transferred by order of the competent military authority from one corps to another: Provided that except while a state of war exists between Malta and any foreign power, or men of the reserve are called out on permanent service, an order under this article shall not be made otherwise than with the approval of the Commander unless the person to whom the order relates consents to the transfer.

(4)Where in pursuance of the last foregoing sub-article a man of the regular force is transferred to a corps of the service different from that in which he was previously serving, the competent MALTA ARMED FORCES military authority may by order vary the conditions of his service so as to correspond with the general conditions of service in the corps to which he is transferred. Terms, conditions and extension of service 8.

(1)The term and conditions of service for which a person enlisting in the regular force may be enlisted shall be such a term and such conditions of service as may be prescribed, and shall be subject to such conversions, changes and extensions as may be prescribed. Terms and conditions of service.

(2)A man of the regular force shall be liable to universal service. 9.

(1)Where at a time at which apart from this article a man of the regular force would be entitled to be discharged or would fall to be transferred to the reserve, a state of war exists between Malta and any foreign power, or men of the reserve are called out on permanent service, or he is serving outside Malta, he may be retained in service for such period as is hereinafter mentioned, and his service may be prolonged accordingly.

(2)No person shall be retained in service by virtue of this article later than the expiration of twelve months after the date on which apart from this article he would be entitled to be discharged.

(3)Subject to the provisions of the last foregoing sub-article, a pe r s on w h o a p a r t f r o m t h is ar t i c l e w o u l d b e en t i t l e d t o b e discharged may be retained in service for such period as the Minister may order.

(4)Subject as aforesaid, a person who apart from this article would fall to be transferred to the reserve may be retained in service for such period, ending not later than twelve months from the date on which apart from this article he would fall to be transferred to the reserve, as the Minister may order or for any period or further period during which men of the reserve continue called out on permanent service.

(5)If while a man is being retained in service by virtue of this article it appears to the competent military authority that his services can be dispensed with, he shall be entitled to be discharged or transferred to the reserve as the case may require.

(6)Where, at any time at which under the foregoing provisions of this article a man is entitled to be discharged or transferred to the reserve, a state of war exists between Malta and any foreign power, he may, by declaration made in the prescribed form before his commanding officer agree to continue in service while such state of war exists; and if the competent military authority approves he may continue accordingly as if the period for which his term of service could be prolonged under the foregoing provisions of this article were a period continuing so long as a state of war exists: Provided that if it is so specified in the declaration he shall be entitled to be discharged or transferred to the reserve, as the case may require, at the expiration of three months’ notice given by him Postponement in certain cases of discharge or transfer to reserve. MALTA ARMED FORCES to his commanding officer.

(7)In relation to men of the regular force serving outside Malta references in this article to being entitled to be transferred to the reserve shall be construed as references to being entitled to be sent to Malta with all convenient speed for the purpose of being transferred to the reserve. Continuation of service in imminent national danger. Amended by: LVIII. 1974.68. 10.

(1)If it appears to the President of Malta that national danger is imminent or that a great emergency has arisen, he may by order signified under the hand of the Minister, provide that men who would otherwise fall to be transferred to the reserve shall continue in service; and thereupon the last foregoing article shall apply to such men as it applies while men of the reserve are called out on permanent service.

(2)Where an order has been made under sub-article

(1), the occasion thereof shall forthwith be communicated to the House.

(3)An order in force under sub-article

(1)may be revoked by order of the President of Malta signified as therein mentioned. Discharge and transfer to reserve Discharge. Amended by: LVIII. 1974. 68. 11.

(1)Save as hereinafter provided every man of the regular force, upon becoming entitled to be discharged, shall be discharged with all convenient speed but until discharged shall remain subject to military law.

(2)Where a man of the regular force is, when entitled to be discharged, serving out of Malta, then (

a)if he requires to be discharged in Malta, he shall be sent there free of cost with all convenient speed and shall be discharged on his arrival there or, if he consents to the discharge being delayed, within six months from his arrival; but (
b)if at his request he is discharged at the place where he is serving he shall have no claim to be sent to Malta or elsewhere.

(3)Except in pursuance of the sentence of a court-martial, a man of the regular force shall not be discharged unless his discharge has been authorised by the competent military authority or by authority direct from the President of Malta and in any case the discharge of a man of the regular force shall be carried out in such manner as may be prescribed.

(4)Every man of the regular force shall on his discharge be given a certificate of discharge containing such particulars as may be prescribed. Transfer to the reserve. 12.

(1)Every man of the regular force upon falling to be transferred to the reserve shall be transferred to the reserve but until so transferred shall remain subject to military law.

(2)Where a man of the regular force, when falling to be transferred to the reserve, is serving out of Malta he shall be sent to Malta free of cost with all convenient speed and shall be transferred MALTA ARMED FORCES to the reserve on his arrival there or, if he consents to his transfer being delayed, within six months from his arrival: Provided that if he so requires he may be transferred to the reserve without being required to return to Malta. 13.

(1)Notwithstanding anything in this Part of this Act, a man of the regular force shall not be entitled to be discharged or transferred to the reserve at a time when he has become liable, as a person subject to military law, to be proceeded against for an offence against any of the provisions of this Act: Postponement of discharge or transfer pending proceedings for offences. Provided that if it is determined that the offence shall not be tried by court-martial this sub-article shall cease to apply.

(2)Notwithstanding anything in this Part of this Act, a man of the regular force who is outside Malta and serving a sentence of imprisonment or detention awarded by a court-martial under this Act, shall not be entitled to be discharged or transferred to the reserve during the currency of the sentence. 14.

(1)A recruit shall be entitled to claim his discharge before the expiration of the period of three months beginning with the date of his attestation, and if he makes such a claim he shall on payment of the sum of forty-six euro and fifty-nine cents (46.59) or such less sum as may be prescribed be discharged with all convenient speed: Right of recruit to purchase discharge. Amended by: XIII. 1983.5; L.N. 411 of 2007. Provided that (

a)if regulations made under article 4 so provide, the right conferred by this sub-article shall not be exercisable by a recruit before the expiration of such period (not exceeding two months) beginning with the said date as may be prescribed; and (
b)if a claim is made under this sub-article by a recruit at a time when men of the regular force are required by an order under article 10 to continue in service, he shall not be entitled to be discharged so long as they are so required to continue in service.

(2)In this article the expression "recruit" means a person enlisted in the regular force in accordance with provisions of this Part of this Act who has not been previously so enlisted. 15. A warrant officer of the regular force who is reduced to the ranks may thereupon claim to be discharged unless a state of war exists between Malta and any foreign power or men of the reserve are called out on permanent service. Rights of warrant officer to discharge on reduction to ranks. Miscellaneous and supplementary provisions 16.

(1)Where a man of the regular force is convicted of desertion by court-martial, the period of his service as respects which he is convicted of having been a deserter shall be forfeited.

(2)Where any of a man’s service is forfeited the provisions of this Part of this Act (excepting those relating to discharge by purchase) shall apply to him, and he shall be liable to serve, in like manner as if the appropriate date were the date of his attestation Forfeiture of service for desertion and restoration of forfeited service. Amended by: XLIII. 2015.3. MALTA ARMED FORCES and he had, on the appropriate date, been duly enlisted to serve for the like term (both as respects duration and as respects liability to service and liability to serve in the reserve) as that for which he was in fact serving at the time of his conviction.

(3)In the last foregoing sub-article the expression "the appropriate date" (a) if in consequence of sub-article

(1)and an award of the court-martial under Part III of this Act the whole of his previous service is forfeited, means the date of his conviction; (b) if in consequence of the said sub-article

(1)or that sub-article and an award of the court-martial part only of his previous service is forfeited, means a date earlier than the date of his conviction by the length of service not forfeited.

(4)Where a right is conferred on a man of the regular force to determ ine his full-time service at any such time as may be prescribed or to be transferred at any such time to the reserve, that right shall not be exercisable, in consequence of a forfeiture of service, at a time earlier than that at which it would have been exercisable apart from the forfeiture.

(5)Any service forfeited under this article may be restored in consideration of good service or on other grounds justifying the restoration of service forfeited as may be prescribed and in such manner and subject to such conditions and exceptions as may be prescribed. Validity of attestation and enlistment. Amended by: XLIII. 2015.4. 17.

(1)Where a person has signed the declaration set out in the attestation paper as to the truth of the answers given to the questions set out in the attestation paper, and has thereafter received pay as a man of the regular force(

a)the validity of his enlistment shall not be called in question on the ground of any error or omission in his attestation paper; (
b)if within three months from the date on which he signed the said declaration he claims that his enlistment is invalid by reason of any non-compliance with the requirements of this Act or of any regulations made thereunder as to enlistment or attestation, or any other ground whatsoever (not being an error or omission in his attestation paper) on which apart from this sub-article the validity of his enlistment could have been called in question, the claim shall be submitted as soon as may be to the Commander, and if the claim is well founded the Commander shall cause him to be discharged with all convenient speed; (
c)subject to the provisions of the last foregoing paragraph, he shall be deemed as from the expiration of the said three months to have been validly enlisted notwithstanding any such non-compliance or other MALTA ARMED FORCES grounds as aforesaid; (
d)notwithstanding any such non-compliance or other grounds as aforesaid, or the making of a claim in pursuance of paragraph (b), he shall be deemed to be a man of the regular force until his discharge.

(2)Where a person has received pay as a man of the regular force without having previously signed the declaration referred to in sub-article

(1), then (

a)he shall be deemed to be a man of the regular force until discharged; (
b)he may claim his discharge at any time, and if he does so the claim shall be submitted as soon as may be to the Commander, who shall cause him to be discharged with all convenient speed.

(3)Nothing in the foregoing provisions of this article shall be construed as prejudicing the determination of any question as to the term for which a person was enlisted or as preventing the discharge of a person who has not claimed his discharge 18.

(1)If a person appearing before a recruiting officer for the purpose of being attested knowingly makes a false answer to any question contained in the attestation paper and put to him by or by the direction of the recruiting officer, he shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine (multa) not exceeding forty-six euro and fifty-nine cents (46.59). False answers in attestation paper. Amended by: XIII. 1983.5; L.N. 411 of 2007.

(2)A person may be proceeded against under this article notwithstanding that he has since become subject to military law. TITLE III - THE TERRITORIAL FORCE Enlistment and discharge 19. The provisions of articles 5, 6, 17 and 18 shall apply to the territorial force subject to the following modifications, that is to say: Enlistment and attestation. (

a)for references to the regular force there shall be substituted references to the territorial force; (
b)for references to a man of the regular force there shall be substituted references to a man of the territorial force; and (
c)the references in article 17 to the receipt of pay shall be omitted. 20.

(1)Every person enlisted in the territorial force shall be enlisted to serve for a term, beginning with the date of his attestation, not exceeding four years as is agreed on attestation, and may, within the period of twelve months expiring with the end of his current term of service, be re-engaged for a term, beginning with the end of the previous term, not exceeding four years, as is agreed on re-engagement, and so from time to time. Term and conditions of service. MALTA ARMED FORCES

(2)Every man of the territorial force shall be enlisted for service and posted in such corps as he may select.

(3)Save as provided in the foregoing provisions of this article, the conditions of service of a man of the territorial force shall be such as may be prescribed. Area of service

Officers and men of the territorial force shall be liable to serve in any part of Malta, but shall not be liable to serve outside Malta. Subjection to Act until discharge.
A man of the territorial force shall, until duly discharged in the prescribed manner, remain subject to the provisions of this Act applicable to him as a man of the territorial force. Discharge. Amended by: XIII. 1983.5; L.N. 411 of
23.

(1)A man of the territorial force shall, save as hereinafter provided, be entitled to be discharged before the end of his current term of service on complying with the following conditions: (

a)giving to his commanding officer three months’ notice in writing, or such less notice as may be prescribed, of his desire to be discharged; and (
b)paying to his commanding officer the sum of eleven euro and sixty-five cents (11.65) or such less sum as may be prescribed; and (
c)delivering up in good order, fair wear and tear excepted, all arms, clothing and equipment issued to him, or, in cases where for any good and sufficient cause the delivery of the property aforesaid is impossible, paying the value thereof: Provided that it shall be lawful for the competent military authority, in any case in which it appears that the reasons for which the discharge is claimed are of sufficient weight, to dispense either wholly or in part with all or any of the above conditions.

(2)A man of the territorial force may be discharged by his commanding officer for disobedience to orders by him while doing any military duty, or for neglect of such duty, or for misconduct by him as a man of the territorial force, or for other sufficient cause, the existence and sufficiency of such cause to be judged by the commanding officer: Provided that a man so discharged shall be entitled to appeal to the Commander who may give such directions in any such case as he may think just and proper. Postponement of discharge during embodiment or special service. 24. Where the time at which a man of the territorial force would otherwise be entitled to be discharged occurs during any period while an order is in force ordering the territorial force or any part thereof to be called out on permanent service or during the period that he is called out for special service, he may be required to prolong his service for such further term, not exceeding twelve months, as the Minister may order; and a man of the territorial force shall not during any such period be entitled to be discharged under article 23

(1). Training MALTA ARMED FORCES 25.

(1)Subject to the provisions of this article, every man of the territorial force shall, by way of annual training, be trained for not less than eight nor more than fifteen days in every year at such times and at such places in Malta as may be ordered by the competent military authority, and may for that purpose be called out once or oftener in every year. Training. Amended by: XIII. 1983.5; L.N. 411 of 2007.

(2)Subject to the provisions of this article, every man of the territorial force shall attend such number of drills and fulfil such other conditions relating to training as may be prescribed.

(3)The requirements of sub-articles

(1)and

(2)may be dispensed with, in whole or in part (

a)as respects the territorial force or part of that force, by the Commander; (
b)as respects an individual man of the territorial force by his commanding officer subject to any general directions of the Commander.

(4)The Minister may by order direct that the period of annual training in any year of all or any part of the territorial force or of any man thereof be extended to such period not exceeding thirty days as may be specified in the order.

(5)Nothing in this Act shall be construed as preventing a man, with his own consent, being called up for the purpose of duty, instruction or training, whether in Malta or overseas, as part of or in addition to any other training, in accordance with regulations or orders under this Act.

(6)Where a man of the force, without leave lawfully granted, or such sickness or other reasonable excuse as may be allowed in the prescribed manner, fails to appear at the time and place appointed for training, or fails to attend the number of drills or to fulfil the other conditions relating to training which may be prescribed, he shall be liable on summary conviction to a fine (ammenda) not exceeding eleven euro and sixty-five cents (11.65). Mobilisation 26.

(1)If it appears to the President of Malta that national danger is imminent or that a great emergency has arisen or that an invasion or attack is apprehended, he may, by order signified under the hand of the Minister, order that the territorial force be called out on permanent service, and immediately upon and by virtue of the issue of such order the Commander shall give, and when given revoke or vary, such directions as he may deem necessary or proper for embodying the territorial force or any part thereof.

(2)Where directions under this article for the time being direct the embodiment of any part of the territorial force, every officer and man belonging to that part shall attend at the time and place fixed by those directions and after that time they shall be deemed to be embodied; and such officers and men are in this Act referred to as embodied or as the embodied part or parts of the territorial force.

(3)On embodiment, the territorial force or the embodied part Embodiment. Amended by: LVIII. 1974.68. MALTA ARMED FORCES or parts thereof shall, until disembodiment, be governed by the provisions of this Act and of any regulation or order made thereunder governing the regular force insofar as they may be applicable thereto.

(4)Where an order has been made under sub-article

(1), the occasion thereof shall forthwith be communicated to the House. Disembodying. Amended by: LVIII. 1974.68. 27.

(1)The President of Malta may by order signified under t h e h a n d o f t h e M i n i s t e r, o r d e r t h e t e r r i t o r i a l f o r c e t o b e disembodied; and thereupon the Commander shall give such directions as he may deem necessary or proper for carrying the order into effect.

(2)Until an order under sub-article

(1)has been issued, the Commander may from time to time as he may think expedient give such directions as he may deem necessary or proper for disembodying any embodied part of the territorial force and for embodying any part of the territorial force not embodied, whether that part was previously embodied or not.

(3)After the date fixed by the directions for the disembodiment of any part of the territorial force, the officers and men belonging to that part shall be in the position of officers and men of the territorial force when not embodied unless and until they are again embodied. Calling out for special service. 28.

(1)Every officer and man of the territorial force who has in writing on the prescribed form agreed that this article shall apply to him or that he shall be liable to be called out for special service shall be liable to be called out for special service notwithstanding that the territorial force, or the part thereof to which he belongs, has not been embodied.

(2)It shall be lawful for the Minister, at any time when it appears to him that the occasion so requires, to give, and when given to revoke or vary, such directions as he may think fit for calling out for special service in accordance with the provisions of sub-article

(1)any officer or man of the territorial force who by virtue of those provisions is liable to be called out; and every officer or man called out by the directions shall attend at the place and time appointed by the directions, and shall be deemed to be called out for special service at and after that time.

(3)Where the Minister has given any directions under the last foregoing sub-article he may at any time thereafter give such directions as he may think fit for terminating the service under subarticle

(1)of any officer or man called out by the directions given under sub-article

(2), but without prejudice to the power of the Minister, by further directions given under sub-article

(2), to call out for further service any officer or man whose service has been terminated by directions given under this sub-article.

(4)If, while an officer or man of the territorial force called out by directions given under sub-article

(2)is serving under subarticle

(1), directions are given under this Act for the embodiment of the territorial force or the part thereof in which he is serving, MALTA ARMED FORCES such officer or man shall thereupon be deemed to be embodied and his service under sub-article

(1)shall cease. 29. In the exercise of the powers conferred on them by articles 26, 27 and 28, the Minister or the Commander, as the case may be, may act through their officials or subordinates; and any direction, notice or order given under the authority of the Minister or of the Commander, as the case may be, shall have the same force and effect as a direction, notice or order given by the Minister or by the Commander, as the case may require. Minister or Commander may act through officials or subordinates. 30.

(1)A man of the territorial force may, by order of the competent military authority, at any time while the part of the territorial force to which he belongs is embodied or while he is serving under article 28

(1), be transferred or posted without his consent to any corps. Additional powers of transfer and posting during embodiment or special service.

(2)Where a man of the territorial force who has been transferred or posted by virtue of this article continues in service, then, if he so desires, there shall, as soon as may be convenient after the end of the period of embodiment or, as the case may be, of the period of his service under article 28

(1), be taken all such steps as are necessary to enable him to serve again in the corps in which he was serving at the time when he was first so transferred or posted.

(3)The last foregoing sub-article shall apply to a man who by virtue of article 28

(4)is deemed to be embodied as if the words "or, as the case may be, of the period of his service under article 28

(1)" were omitted. TITLE IV - THE RESERVE FORCE The reserve force 31.

(1)The reserve force shall consist of the reserve of the regular force body. The reserve force. Amended by: XLIII. 2015.5.

(2)The reserve force shall be governed by such provisions as may be prescribed and by the following provisions of this Part of this Act; and different provisions may be prescribed for different bodies of the reserve force. Call out of reserves 32.

(1)If it appears to the President of Malta that national danger is imminent or that a great emergency has arisen, he may subject to the following provisions of this article, by order signified under the hand of the Minister, authorise the calling out of any reserve force on permanent service.

(2)Where an order is made under sub-article

(1)the occasion thereof shall forthwith be communicated to the House.

(3)An order in force under sub-article

(1)may be revoked by an order of the President of Malta signified as therein mentioned; but the revocation shall not affect the liability for service of any person called into service by virtue of the order at the time of its Call out of reserves in case of national danger, etc. Amended by: LVIII. 1974.68. MALTA ARMED FORCES revocation. Call-out notices. 33.

(1)In any case where an order is in force under article 32

(1)authorising the calling out of a reserve force, any member of that force (hereafter in this article referred to as a "reservist") may be called into service by the Minister by notice in writing.

(2)A notice under sub-article

(1)(hereafter in this Act referred to as a "call-out notice") shall specify the time and place at which the reservist is to present himself; and a call-out notice shall be deemed to be served on the reservist if it is delivered to him personally or sent by registered post to him at his latest address known to the appropriate military authorities.

(3)A call-out notice may be revoked or varied by the Minister by a subsequent notice in writing, and the last foregoing sub-article shall apply to the service of such a notice as it applies to the service of a call-out notice.

(4)Where a reservist who is liable to be called into service by a call-out notice (

a)attends in person at such place as may be prescribed; and (
b)presents himself for service to such authority as may be prescribed; and (
c)is informed by that authority that by virtue of this subarticle he is accepted for service, he shall be deemed to have been served with a call-out notice specifying as the time and place mentioned in sub-article

(2)the time at which he is informed and the place at which he attends as aforesaid; and any call-out notice previously issued for him shall cease to have effect, without prejudice to any liability arising from his failure to comply with the notice before he attends as aforesaid. Duration of service of reservists called out on permanent service. End of service under call-out notices.

Save as may be otherwise prescribed, a member of the reserve force who is called out on permanent service shall be liable to serve until his services are no longer required or until the expiration of his term of service in that reserve whichever first occurs.
In any case where (a) the services of a person called into service by a callout notice are no longer required; or (b) the person is in service in pursuance of a call-out notice at the expiration of the period of his liability for service, he shall be entitled to be released from whole-time service in the prescribed manner with all convenient speed. Call Out Notice to the Volunteer Reserve Force. Added by: XLIII. 2015.
35A.

(1)The Commander may, for the purpose of national missions or any other task, authorise Commanding Officers or any other officer under their instruction to call out any reservist from the Volunteer Reserve Force in order to participate and assist the regular force in any said national mission or other task. MALTA ARMED FORCES

(2)Commanding Officers or any other officer under their instruction shall set with the reservist’s consent, the date, time, duration and place at which the reservist is to be present and a call out notice shall be deemed to be served on the reservist if it is communicated to him personally by any means.

(3)A call out notice may be revoked or varied by the Commander by a subsequent communication. Training 36.

(1)A member of a reserve force may, in accordance with such provisions as may be prescribed, be called out in any year for minimum training consisting of two hundred and forty hours of training per year, with each training session being of not less than four consecutive hours but not in excess of eight continuous days: Training of reserve force. Amended by: XIII. 1983.5; L.N. 411 of 2007; XLIII. 2015.7. Provided that during the first year of engagement, training periods shall consist mainly of basic soldiering skills. During the second and subsequent years, train in g shal l be mad e u p of specialised skills training which may also include on the job training with any body of the force.

(2)Where a member of a reserve force, without leave lawfully granted, or such sickness or other reasonable excuse as may be allowed in the prescribed manner, fails to appear at the time and place appointed for training, he shall be liable on summary conviction to a fine (ammenda) not exceeding eleven euro and sixty-five cents (11.65). PART III MILITARY OFFENCES Treachery, cowardice and offences arising out of military service 37.

(1)Any person subject to military law who with intent to assist the enemy (

a)abandons or delivers up any place or post which it is his duty to defend, or induces any person to abandon or deliver up any place or post which it is that person’s duty to defend; or (
b)does any act calculated to imperil the success of operations of the force, or of any forces cooperating therewith or of any part of any of those forces; or (
c)having been made a prisoner of war serves with or aids the enemy in the prosecution of hostilities or of measures calculated to influence morale, or in any other manner whatsoever not authorised by international usage; or (
d)furnishes the enemy with arms or ammunition or with supplies of any description or with any other thing likely to assist him (whether similar to any of the Aiding the enemy. Amended by: X.2000.2. MALTA ARMED FORCES things aforesaid or not); or (
e)harbours or protects an enemy not being a prisoner of war; or (
f)gives any false air signal or alters or interferes with any air signal or any apparatus for giving an air signal; or (
g)when ordered by his superior officer, or otherwise under orders, to carry out any warlike operations in the air fails to use his utmost exertions to carry such orders into effect; or (
h)causes the capture or destruction by the enemy of any of the force’s aircraft or the aircraft of any force cooperating with the force, shall, on conviction by court-martial, be liable to imprisonment for life or any other punishment provided by this Act.

(2)Any person subject to military law who knowingly and without lawful excuse does any of the acts specified in paragraphs (

a)to (
e)of the last foregoing sub-article shall, where it is not proved that he acted with intent to assist the enemy, be liable on conviction by court-martial to imprisonment or other less punishment provided by this Act.

(3)Any person subject to military law who negligently causes the capture or destruction by the enemy of any of the force’s aircraft or the aircraft of any force cooperating with the force shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act. Communication with the enemy and injurious disclosures. Amended by: X.2000.2. 38.

(1)Any person subject to military law who with intent to assist the enemy communicates with or gives intelligence to the enemy shall, on conviction by court-martial, be liable to imprisonment for life or any other punishment provided by this Act.

(2)Any person subject to military law who without authority communicates with or gives intelligence to the enemy shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.

(3)Any person subject to military law who without authority discloses, whether orally, in writing, by signal or by any other means whatsoever, any information which is or purports to be information useful to an enemy shall, on conviction by courtmartial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(4)In this article the expressions "intelligence" and "information useful to an enemy" mean information which is or purports to be information as to any matter such that information about it would or might be directly or indirectly useful to the enemy, and in particular (but without prejudice to the generality of the foregoing provisions of this sub-article) as to any matter falling within the following paragraphs, being a matter such that information as to it would or might be useful as aforesaid, that is to MALTA ARMED FORCES say (

a)the number, description, armament, equipment, disposition, movement or condition of any part of the force or of any forces cooperating therewith, or of any of the ships or aircraft of the force or of the ships or aircraft of any such cooperating force; (
b)any operations or projected operations of any of such forces, ships or aircraft as aforesaid; (
c)any code, cipher, call sign, password or countersign; (
d)any measures for the defence or fortification of any place; (
e)the number, description or location of any prisoners of war; (
f)munitions of war. 39.

(1)Any person subject to military law who when before the enemy - Cowardly behaviour. (

a)leaves the post, position or other place where it is his duty to be; or (
b)throws away his arms, ammunition or tools; or (
c)does any of the acts specified in article 37

(1)(f) to (h), in such a manner as to show cowardice, or otherwise behaves in such a manner as to show cowardice, shall be guilty of an offence against this article.

(2)Any person subject to military law who when before the enemy induces other persons subject to military law and before the enemy to commit an offence under the last foregoing sub-article shall be guilty of an offence against this article.

(3)Any person guilty of an offence against this article shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act. 40. Any person subject to military law who (

a)spreads (whether orally, in writing, by signal, or otherwise) reports relating to operations of the force, or of any forces cooperating therewith, or of any part of any of those forces, being reports calculated to create despondency or unnecessary alarm; or Offences against morale. (
b)when before the enemy uses words calculated to create despondency or unnecessary alarm, shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act. 41.

(1)Any person subject to military law who, through disobedience to orders or wilful neglect of his duty, is captured by the enemy shall be guilty of an offence against this article.

(2)Any person subject to military law who, having been captured by the enemy, fails to take, or prevents or discourages any Becoming prisoner of war through disobedience or wilful neglect; and failure to rejoin force. MALTA ARMED FORCES o th e r s uc h pe r s o n c a p t ur e d b y t he en e m y f r om tak i ng , a ny reasonable steps to rejoin the force which are available to him or, as the case may be, to that other person shall be guilty of an offence against this article.

(3)Any person guilty of an offence against this article shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act. Offences by or in relation to sentries, etc. 42.

(1)Any person subject to military law who while on guard duty (

a)sleeps at his post; or (
b)when not on duty at a post, is asleep at a time when he is not allowed to be asleep; or (
c)is drunk; or (
d)leaves his post without having been regularly relieved or otherwise absents himself from any place where it is his duty to be, shall be guilty of an offence against this article.

(2)For the purposes of this article a person shall be treated as being drunk if owing to the influence of alcohol or any drug, whether alone or in combination with any other circumstances, he is unfit to be entrusted with his duty.

(3)Any person subject to military law who strikes or otherwise uses force against any person on guard duty, being a member of the force or of any forces cooperating therewith, or by the threat of force compels any such person to let him or any other person pass, shall be guilty of an offence against this article.

(4)Any person guilty of an offence against this article shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act: Provided that if the offence was not committed on active service he shall not be liable to be imprisoned for more than two years.

(5)References in this article to a person on guard duty are references to a person who (

a)is posted or ordered to patrol, or (
b)is a member of a guard or other party mounted or ordered, to patrol, for the purpose of protecting any persons, premises or place.

(6)The foregoing provisions of this article shall apply in relation to persons posted or ordered to patrol, or members of a party mounted or ordered to patrol, for the purposes of preventing or controlling access to or egress from any premises or place, or of regulating traffic by road, by rail or any inland navigation, as they apply to persons on guard duty. Looting. 43. Any person subject to military law who (

a)steals from, or with intent to steal searches, the person MALTA ARMED FORCES of anyone killed or wounded in the course of warlike operations; or (
b)steals any property which has been left exposed or unprotected in consequence of warlike operations; or (
c)takes otherwise than for the public service any vehicle, equipment or stores abandoned by the enemy, shall be guilty of looting and shall be liable, on conviction by court-martial, to imprisonment or any less punishment provided by this Act. Mutiny and insubordination 44.

(1)Any person subject to military law who (

a)takes part in a mutiny involving the use of violence or the threat of the use of violence, or having as its object or one of its objects the refusal or avoidance of any duty or service against, or in connection with operations against, the enemy, or the impeding of the performance of any such duty or service; or Mutiny. Amended by: X.2000.2. (
b)incites any person subject to military law to take part in such a mutiny, whether actual or intended, shall, on conviction by court-martial, be liable to imprisonment for life or any other punishment provided by this Act.

(2)Any person subject to military law who, in a case not falling within the last foregoing sub-article, takes part in a mutiny, or incites any person subject to military law to take part in a mutiny, whether actual or intended, shall, on conviction by courtmartial, be liable to imprisonment or any less punishment provided by this Act.

(3)In this Act the expression "mutiny" means a combination between two or more persons subject to military law, or between persons two at least of whom are subject to military law (

a)to overthrow or resist lawful authority in the force or any forces cooperating therewith or in any part of any of the said forces; or (
b)to disobey such authority in such circumstances as to make the disobedience subversive of discipline, or with the object of avoiding any duty or service against, or in connection with operations against, the enemy; or (
c)to impede the performance of any duty or service in the force or in any forces cooperating therewith or in any part of any of the said forces. 45. Any person subject to military law who, knowing that a mutiny is taking place or is intended (
a)fails to use his utmost endeavours to suppress or prevent it; or (
b)fails to report without delay that the mutiny is taking place or is intended, Failure to suppress mutiny. Amended by: X.2000.2. MALTA ARMED FORCES shall on conviction by court-martial (
i)if his offence was committed with intent to assist the enemy, be liable to imprisonment for life or any other punishment provided by this Act; (
ii)in any other case, be liable to imprisonment or any less punishment provided by this Act. Insubordinate behaviour. 46.

(1)Any person subject to military law who (

a)strikes or otherwise uses violence to, or offers violence to, his superior officer; or (
b)uses threatening or insubordinate language to his superior officer, shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act: Provided that he shall not be liable to be imprisoned for more than two years if the offence was not committed on active service and did not involve the striking or other use of violence, or offering of violence, to a superior officer exercising authority as such.

(2)In the foregoing provisions of this article the expression "superior officer", in relation to any person, means an officer, warrant officer or non-commissioned officer of the regular force, or any such officer of the territorial force while he is subject to military law, who is of superior rank and includes an officer, warrant officer or non-commissioned officer as aforesaid of equal rank but greater seniority while exercising authority as the said person’s superior. Disobedience to particular orders. 47.

(1)Any person subject to military law who, in such manner as to show a wilful defiance of authority, disobeys any l aw f u l c o m m a n d g i v e n o r se n t t o h i m p e r s o n a l l y sh a l l , o n conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.

(2)Any person subject to military law who, whether wilfully or through neglect, disobeys any lawful command shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act: Provided that if the offence was not committed on active service he shall not be liable to be imprisoned for more than two years. Obstruction of provost officers. 48. Any person subject to military law who (

a)obstructs; or (
b)when called on, refuses to assist, any person known to him to be a provost officer, or to be a person (whether subject to military law or not) legally exercising authority under or on behalf of a provost officer, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. MALTA ARMED FORCES 49.

(1)Any person subject to military law who contravenes or fails to comply with any provision of orders to which this article applies, being a provision known to him, or which he might reasonably be expected to know, shall, on conviction by courtmartial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. Disobedience to standing orders.

(2)This article applies to standing orders or other routine orders of a continuing nature made for any formation or unit or body of troops, or for any command or other area, garrison or place, or for any ship, train or aircraft. Desertion, absence without leave, etc. 50.

(1)Any person subject to military law who (

a)deserts; or (
b)persuades or procures any person subject to military law to desert, shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act: Provided that a person shall not be liable to be imprisoned for more than two years unless (
i)if the offence was against paragraph (a), he was on active service or under orders for active service at the time when it was committed; or (
ii)if the offence was an offence against paragraph (b), the person in relation to whom it was committed was on active service or under orders for active service at that time.

(2)For the purposes of this Act a person deserts who (

a)leaves the service of the force or, when it is his duty to do so, fails to join or rejoin that service, with (in either case) the intention, subsisting at the time of the leaving or failure or formed thereafter, of remaining permanently absent from his duty; or (
b)being an officer enlists in or enters any part of the force without having resigned his commission, or being a man of the force enlists in or enters any part of the force without having been discharged from his previous enlistment; or (
c)absents himself without leave with intent to avoid serving at any place overseas, when he is liable so to serve, or to avoid service or any particular service when before the enemy; or (
d)being an officer or man of the territorial force, fails to appear at the time and place appointed for assembling on embodiment or at the time and place appointed on his being called out for special service, as the case may be, in accordance with directions given under article 26 or article 28, with the intention, subsisting at the Desertion. MALTA ARMED FORCES time of failure or formed thereafter, of remaining permanently absent from duty, and references in this Act to desertion shall be construed accordingly.

(3)In addition to or in lieu of any punishment authorised by sub-article

(1), the court-martial by whom a man of the regular force is convicted of desertion may direct that the whole or any part of his service previous to the period as respects which he is convicted of having been a deserter shall be forfeited. Absence without leave. 51.

(1)Any person subject to military law who (

a)absents himself without leave; or (
b)persuades or procures any person subject to military law to absent himself without leave, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2)For the purposes of this Act, failure by an officer or man of the territorial force to appear at the time and place appointed for assembling on embodiment or at the time and place appointed on his being called out for special service, as the case may be, in accordance with directions given under article 26 or article 28, shall, if such failure is without leave lawfully granted or such sickness or other reasonable excuse as may be allowed in the prescribed manner, be deemed to be absence without leave within the meaning of sub-article

(1), and this Act shall apply to, or in relation to, such person accordingly. Assisting and concealing desertion and absence without leave. 52. Any person subject to military law who (

a)knowingly assists any person subject to military law to desert or absent himself without leave; or (
b)knowing that a person subject to military law has deserted or absented himself without leave, or is attempting to desert or to absent himself without leave, fails to report that fact without delay, or fails to take any steps in his power to cause that person to be apprehened, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. Falsely obtaining or prolonging leave. 53. Any person subject to military law who for the purpose of obtaining leave or prolonging his leave knowingly makes any false statement to any military authority, to a member of the Police force or to any person authorised by or under instructions of the Commander to act for the purpose of obtaining prolongation of leave shall, on conviction by court-martial be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. MALTA ARMED FORCES 54. Any person subject to military law who without reasonable excuse fails to attend for any parade or other military duty of any description or leaves any such parade or duty as aforesaid before he is permitted to do so shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. Failure to perform military duty. Malingering and drunkenness 55.

(1)Any person subject to military law who - Malingering. (

a)falsely pretends to be suffering from sickness or disability; or (
b)injures himself with intent thereby to render himself unfit for service, or causes himself to be injured by any person with that intent; or (
c)injures another person subject to military law, at the instance of that person, with intent thereby to render that person unfit for service; or (
d)with intent to render or keep himself unfit for service, does or fails to do anything (whether at the time of the act or omission he is in hospital or not) whereby he produces or prolongs or aggravates, any sickness or disability, shall be guilty of malingering and shall, on conviction by courtmartial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2)unfit. In this article the expression "unfit" includes temporarily 56.

(1)Any person subject to military law who is guilty of drunkenness, whether on duty or not, shall, on conviction by courtmartial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act: Drunkenness. Provided that where the offence is committed by a man of the force neither on active service nor on duty the sentence imposed shall not exceed detention for a period of six months.

(2)For the purposes of this article a person is guilty of drunkenness if owing to the influence of alcohol or any drug, whether alone or in combination with any other circumstances, he is unfit to be entrusted with his duty or with any duty which he may be called upon to perform, or behaves in a disorderly manner likely to bring discredit to the service. Offences relating to property 57.

(1)Any person subject to military law who (

a)steals or fraudulently misapplies any public or service property, or is concerned in or connives at the stealing or fraudulent misapplication of any public or service property; or (
b)receives, or undertakes or assists in the retention, Offences in relation to public and service property. MALTA ARMED FORCES removal, disposal or realisation by or for the benefit of another person of, any stolen goods or of goods fraudulently misapplied knowing the same to have been stolen or to have been fraudulently misapplied, where such goods were public or service property; or (
c)wilfully damages, or is concerned in the wilful damage of, any public or service property, including aircraft or aircraft material; or (
d)by wilful neglect causes damage by fire to any public or service property; or (
e)by wilful neglect causes damage to, or the loss of any public or service property consisting of aircraft or aircraft material; or (
f)without lawful authority disposes of any public or service property consisting of aircraft or aircraft material, shall on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.

(2)Any person subject to military law who, during a state of war, wilfully and without proper occasion or negligently causes the sequestration by or under the authority of a neutral state or the destruction in a neutral state of any of the force’s aircraft shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act: Provided that if he has not acted wilfully or with wilful neglect he shall not be liable to imprisonment for a term exceeding two years. Offences in relation to property of members of force. 58. Any person subject to military law who (

a)steals or fraudulently misapplies any property belonging to a person subject to military law, or is concerned in or connives at the stealing or fraudulent misapplication of any such property; or (
b)receives, or undertakes or assists in the retention, removal, disposal or realisation by or for the benefit of another person of, any stolen goods or of goods fraudulently misapplied knowing the same to have been stolen or to have been fraudulently misapplied, where such goods belonged to a person subject to military law; or (
c)wilfully damages, or is concerned in the wilful damage of, any property belonging to a person subject to military law, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. Miscellaneous offences relating to property. 59. Any person subject to military law who (
a)loses or by negligence damages any public or service MALTA ARMED FORCES property of which he has the charge or which has been entrusted to his care or which forms part of property of which he has the charge or which has been entrusted to his care; or (
b)by negligence loses or damages any public or service property consisting of aircraft or aircraft materials; or (
c)is guilty of any act or neglect likely to cause damage to, or the loss of, any public or service property consisting of aircraft or aircraft material; or (
d)by negligence causes damage by fire to any public or service property; or (
e)loses or by negligence damages, any clothing, arms, ammunition or other equipment issued to him for his use for military purposes; or (
f)fails to take proper care of any animal or bird used in the public service which is in his charge; or (
g)makes away (whether by pawning, selling, destruction or in any other way) with any military decoration granted to him or any clothing, arms, ammunition or other equipment issued to him for his use for military purposes, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act: Provided that it shall be a defence for any person charged under this article with losing any property, clothing, arms, ammunition or other equipment that he took reasonable steps for the care and preservation thereof. Offences relating to, and by, persons in custody 60.

(1)Any person subject to military law who, when another person subject thereto is under arrest (

a)unnecessarily delays the taking of such steps as it is his duty to take for investigating the allegations against that other person or for having the allegations against that other person investigated by his commanding officer or the appropriate superior authority or, as the case may be, tried by court-martial; or (
b)fails to release, or effect the release of, that other person when it is his duty to do so, shall be guilty of an offence against this article.

(2)Any person subject to military law who, having committed a person (hereinafter referred to as "the prisoner") to the custody of any provost officer or other officer, or any warrant officer or noncommissioned officer, fails without reasonable cause to deliver (

a)at the time of the committal, or Irregular arrest and confinement. MALTA ARMED FORCES (
b)if it is not practicable so to do at the time of the committal, then within twenty-four hours thereafter, to the person to whose custody the prisoner was committed a report in writing signed by himself of the offence which the prisoner is alleged to have committed, shall be guilty of an offence against this article.

(3)Where any person (hereinafter referred to as "the prisoner") is committed to the charge of a person subject to military law who is in command of a guard, then if without reasonable cause that person does not as soon as he is relieved from his guard and any further duty, or, if he is not sooner relieved, within twenty-four hours after the committal, give to the officer to whom it is his duty to report (

a)a written statement containing, so far as known to him, the prisoner’s name and alleged offence and the name and rank or other description of the officer or other person by whom the prisoner is alleged to have committed the offence, and (
b)if he has received it, the report required by the last foregoing sub-article, he shall be guilty of an offence against this article.

(4)Any person guilty of an offence against this article shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. Permitting escape, and unlawful release of prisoners. 61.

(1)Any person subject to military law who wilfully allows to escape any person who is committed to his charge, or whom it is his duty to guard, shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.

(2)Any person subject to military law who (

a)without proper authority releases any person who is committed to his charge; or (
b)without reasonable excuse allows to escape any person who is committed to his charge, or whom it is his duty to guard, shall on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. Resistance to arrest. 62.

(1)Any person subject to military law who, being concerned in any quarrel or disorder, refuses to obey any officer who orders him into arrest, or strikes or otherwise uses violence to, or offers violence to, any such officer, shall be guilty of an offence against this article whether or not the officer is his superior officer.

(2)Any person subject to military law who strikes or otherwise uses violence to, or offers violence to, any person, whether subject to military law or not, whose duty it is to apprehend him or in whose custody he is, shall be guilty of an offence against this MALTA ARMED FORCES article.

(3)Any person guilty of an offence against this article shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. 63. Any person subject to military law who escapes from arrest, prison or other lawful custody (whether military or not) shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. Escape from confinement. Offences in relation to courts-martial 64.

(1)Any person subject to military law who (

a)having been duly summoned or ordered to attend as a witness before a court-martial, fails to comply with the summons or order; or Offences in relation to courtsmartial. (
b)refuses to swear on oath when duly required by a court-martial to do so; or (
c)refuses to produce any document in his custody or under his control which a court-martial has lawfully required him to produce; or (
d)when a witness, refuses to answer any question which a court-martial has lawfully required him to answer; or (
e)wilfully insults any person, being a member of a courtmartial or a witness or any other person whose duty it is to attend on or before the court, while that person is acting as a member thereof or is so attending, or wilfully insults any such person as aforesaid while that person is going to or returning from the proceedings of the court; or (
f)wilfully interrupts the proceedings of a court-martial or otherwise misbehaves before the court, shall, on conviction by a court-martial, other than the court in relation to which the offence was committed, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2)Notwithstanding anything in the last foregoing sub-article, where an offence against paragraph (

e)or (
f)of that sub-article is committed in relation to any court-martial held in pursuance of this Act that court, if of opinion that it is expedient that the offender should be dealt with summarily by the court instead of being brought to trial before another court-martial, may by order under the hand of the president order the offender to be imprisoned for a period not exceeding twenty-one days, or, in the case of a man of the force, either to be imprisoned for such a period or to undergo detention for such period. 65.

(1)Any person subject to military law who, having been lawfully sworn as a witness or as an interpreter in proceedings False evidence. MALTA ARMED FORCES before a court-martial or before any board or person having power by virtue of this Act to administer oaths, makes a statement material in those proceedings which he knows to be false or does not believe to be true shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2)A person shall not be liable to be convicted of an offence against this article solely upon the evidence of one witness as to the falsity of any statement alleged to be false. Miscellaneous offences Making of false statements on enlistment. Making of false documents. 66. Any person who, when before a recruiting officer for the purpose of being attested in pursuance of Part II of this Act, has knowingly made a false answer to any question contained in the attestation paper and put to him by or by the direction of the recruiting officer shall if he has since become and remains subject to military law be liable, on conviction by court-martial, to the like imprisonment as on summary conviction of an offence against article 18 or to any less punishment provided by this Act. 67. Any person subject to military law who (

a)makes, signs or makes an entry in any service report, return, paylist or certificate or other service document, being a document or entry which is to his knowledge false in a material particular; or (
b)alters any service report, return, paylist or certificate or other service document, or alters any entry in such a document, so that the document or entry is to his knowledge false in a material particular, or suppresses, defaces or makes away with any such document or entry which it is his duty to preserve or produce; or (
c)with intent to defraud, fails to make an entry in any such document; or (
d)aids, abets, commands, counsels, procures or connives at the commission by another person subject to military law of an offence against this article (whether or not he knows the nature of the document in relation to which that offence will be committed), shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. Offences against civilian population. 68. Any person subject to military law who, in any country or territory outside Malta, commits any offence against the person or property of any member of the civil population shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. Scandalous conduct of officer. 69. Every officer subject to military law who behaves in a scandalous manner, unbecoming the character of an officer and a gentleman, shall, on conviction by court-martial, be cashiered. MALTA ARMED FORCES 70. If (
a)any officer subject to military law strikes or otherwise ill-treats any officer subject thereto of inferior rank or less seniority or any man of the force subject to military law; or Ill-treatment of officers or men of inferior rank. (
b)any warrant officer or non-commissioned officer subject to military law strikes or otherwise ill-treats any person subject to military law, being a warrant officer or non-commissioned officer of inferior rank or less seniority or any other man of the force, he shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. 71. A person subject to military law who is guilty of disgraceful conduct of a cruel, indecent or unnatural kind shall, on conviction by court-martial, be liable to imprisonment for a period not exceeding two years or any less punishment provided by this Act. 72. Any person subject to military law who (
a)makes an accusation against an officer or man of the force subject to military law, which he knows to be false or does not believe to be true; or Disgraceful conduct. False accusation, etc. (
b)in making a complaint where he thinks himself wronged, makes a statement affecting the character of an officer or man of the force subject to military law, which he knows to be false or does not believe to be true, or wilfully suppresses any material facts, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. 73. Any person subject to military law who attempts to commit an offence against any of the foregoing provisions of this Part of this Act shall, on conviction by court-martial, be liable to the like punishment as for that offence. Attempts to commit military offences. Amended by: X.2000.3. 74. Any person subject to military law who is guilty of any act, conduct or neglect to the prejudice of good order and military discipline shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. Conduct to prejudice of military discipline. Civil offences 75.

(1)Any person subject to military law who commits a civil offence outside Malta shall be guilty of an offence against this article.

(2)In this Act the expression "the corresponding civil offence" means the civil offence the commission of which constitutes the offence against this article.

(3)A person convicted by court-martial of an offence against this article shall be liable to suffer any punishment or punishments Civil offences. MALTA ARMED FORCES which a civil court could award for the corresponding civil offence, if com mitted in Malta, being a punishment or punishm ent s provided by this Act, or such punishment, less than the maximum which a civil court could so award, as is so provided: Provided that where a civil court could not so award imprisonment, a person so convicted shall be liable to suffer such punishment, less than cashiering in the case of an officer, or detention in the case of a man of the force, as is so provided. PART IV TRIAL AND PUNISHMENT OF MILITARY OFFENCES Punishments Punishment of officers. Amended by: X.2000.4. 76.

(1)The punishments which may be awarded to an officer by sentence of a court-martial under this Act are, subject to the limitations hereinafter provided on the powers of certain courtsmartial, those set out in the following scale; and in relation to an officer references in this Act to punishments provided by this Act are references to those punishments.

(2)The said scale is: (

a)imprisonment for life; (
b)imprisonment for a term not exceeding twenty-five years; (
c)cashiering; (
d)dismissal from the service; (
e)forfeiture in the prescribed manner of seniority of rank; (
f)fine; (
g)severe reprimand or reprimand; (
h)where the offence has occasioned any expense, loss or damage, stoppages.

(3)For the purposes of Part III and of this Part of this Act a punishment specified in any paragraph of the said scale shall be treated as less than the punishments specified in the preceding paragraphs, and greater than those specified in the following paragraphs, of the scale.

(4)Save as expressly provided in this Act, not more than one punishment shall be awarded by a court-martial for one offence.

(5)Stoppages may be awarded by a court-martial either in addition to or without any other punishment.

(6)A severe reprimand or reprimand may be awarded by a court-martial in addition to forfeiture of seniority of rank or fine.

(7)Where an officer is sentenced by a court-martial to imprisonment he shall also be sentenced to be cashiered: MALTA ARMED FORCES Provided that if the court-martial fails to sentence him to be cashiered, the sentence of imprisonment shall not be invalid but shall be deemed to include a sentence of cashiering. 77.

(1)The punishments which may be awarded to a man of the force by sentence of a court-martial under this Act are, subject to the limitations hereinafter provided on the powers of certain courts-martial, those set out in the following scale; and in relation to a man of the force references in this Act to punishments provided by this Act are references to those punishments.

(2)The said scale is: (

a)imprisonment for life; (
b)imprisonment for a term not exceeding twenty-five years; (
c)dismissal with disgrace from the service; (
d)dismissal from the service; (
e)detention for a term not exceeding two years; (
f)where the offender is on active service on the day of the sentence, field punishment for a period not exceeding ninety days; (
g)in the case of a warrant officer or non-commissioned officer, reduction to the ranks or any less reduction in rank; (
h)in the case of a warrant officer or non-commissioned officer, forfeiture in the prescribed manner of seniority or rank; (
i)where the offence is desertion, forfeiture of service; (
j)where the offender is on active service on the day of the sentence, forfeiture of pay for a period beginning with the day of the sentence and not exceeding ninety days; (
k)fine; (
l)in the case of a warrant officer or non-commissioned officer, severe reprimand or reprimand; (
m)where the offence has occasioned any expense, loss or damage, stoppages.

(3)For the purpose of Part III and of this Part of this Act a punishment specified in any paragraph of the said scale shall be treated as less than the punishments specified in the preceding paragraphs, and greater than those specified in the following paragraphs, of the scale: Provided that detention shall not be deemed to be a less punishment than imprisonment if the term of detention is longer than the term of imprisonment.

(4)Save as expressly provided in this Act, not more than one punishment shall be awarded by a court-martial for one offence.

(5)A man of the force sentenced by a court-martial to Punishment of other ranks. Amended by: X.2000.4. MALTA ARMED FORCES imprisonment may in addition thereto be sentenced to dismissal with disgrace from the service or to dismissal from the service.

(6)A man of the force sentenced by a court-martial to dismissal from the service may in addition be sentenced to detention.

(7)Where a warrant officer or non-commissioned officer is sentenced by a court-martial to imprisonment, detention or field punishment, he shall also be sentenced to be reduced to the ranks: Provided that if the court-martial fails to sentence him to be so reduced, the sentence shall not be invalid but shall be deemed to include a sentence of reduction to the ranks.

(8)In the case of a warrant officer or non-commissioned officer a severe reprimand or reprimand may be awarded by a court-martial in addition to forfeiture of seniority of rank or fine.

(9)Where an offender is on active service when sentence of a court-martial is announced, forfeiture of pay may be awarded in addition to field punishment and, in a case where he is a warrant o ff i c e r o r n o n - c o m m i s s i o n e d o ff i c e r, s e v e r e r e p r i m a n d o r reprimand may be awarded in addition to forfeiture of pay.

(10)Stoppages may be awarded by a court-martial either in addition to or without any other punishment.

(11)Where an offender has been sentenced by a court-martial under this Act to detention, then if he is subsequently sentenced by a court-martial under this Act to imprisonment any part of the sentence of detention which has not been served shall thereupon be remitted by virtue of this sub-article.

(12)Without prejudice to the validity of any award, an offender shall not be kept continuously in detention under this Act for more than two years. Field punishment. 78.

(1)Field punishment shall consist of such duties or drills, in addition to those which the offender might be required to perform if he were not undergoing punishment, and such loss of privileges, as may be provided by or under rules to be made by the Minister or, in the absence of such rules, as may be directed by the commanding officer or the officer appointed to supervise the carrying out of field punishment, and may include confinement in such place and manner as may be provided or directed as aforesaid and such personal restraint as may be necessary to prevent the escape of the offender and as may be so provided.

(2)Rules under this article may contain such incidental and supplementary provisions as appear to the Minister to be requisite for the purposes of the rules. Fines. 79.

(1)The amount of a fine that may be awarded by a courtmartial under this Act by way of punishment for an offence (

a)except in the case of an offence against article 75, shall not exceed the amount of the offender’s pay for twenty-eight days; and MALTA ARMED FORCES (
b)in the said excepted case, where the civil offence constituting the offence against that article is punishable by a civil court in Malta by a fine, shall not exceed the maximum of that fine.

(2)The amount of a fine that may be awarded by way of punishment for an offence where, under this Act, a charge is dealt with summarily (

a)except in the case of an offence against the said article 75, shall not exceed the amount of the offender’s pay for fourteen days; and (
b)in the said excepted case (
i)in any case, shall not exceed the amount mentioned in the foregoing paragraph; (
ii)where the civil offence constituting the offence against that article is punishable by a civil court in Malta by a fine of a maximum amount less than the amount so mentioned, shall not exceed that maximum.

(3)For the purposes of this article a day’s pay shall, as regards a person found guilty of an offence, be deemed to be the gross pay that is, or would (apart from any forfeiture) be, issuable to that person in respect of the day on which punishment is awarded in respect of the offence.

(4)Nothing in the foregoing provisions of this article shall be taken as affecting the amount of the fine that may be awarded by virtue of article 179

(3)(

a)or (
b)to a person to whom Part III and this Part of this Act apply by virtue of that article. Arrest 80.

(1)Any person subject to military law found committing an offence against any provisions of this Act, or alleged to have committed or reasonably suspected of having committed any such offe nce , m ay be arreste d in acc ordan ce wi th t he f ol lo wi ng provisions of this article.

(2)An officer may be arrested by an officer of the regular force of superior rank, or, if engaged in a quarrel or a disorder, by such an officer of any rank.

(3)A man of the force may be arrested by any officer, warrant officer or non-commissioned officer of the regular force: Provided that a person shall not be arrested by virtue of this sub-article except by a person of superior rank.

(4)A provost officer, or any officer, warrant officer, noncommissioned officer or other military personnel legally exercising authority under a provost officer or on his behalf, may arrest any officer or man of the force: Provided that an officer shall not be arrested by virtue of this sub-article except on the order of another officer.

(5)The power of arrest given to any person by this article may Power to arrest offenders. MALTA ARMED FORCES (subject to the provisions of regulations or orders made under article 4) be exercised either personally or by ordering into arrest the person to be arrested or by giving orders for that person’s arrest. Provision for avoiding delay after arrest. Amended by: LVIII. 1974.68. 81.

(1)The allegations against any person subject to military l a w w ho i s un de r ar r e s t sh a ll be d ul y in v e s ti g a te d wi th ou t unnecessary delay, and as soon as may be either proceedings shall be taken for punishing his offence or he shall be released from arrest.

(2)Wherever any person subject to military law, having been taken into military custody, remains under arrest for a longer period than eight days without a court-martial for his trial being assembled, a special report on the necessity for further delay shall be made in the prescribed manner by his commanding officer to the officer who would be responsible for convening the court-martial for the trial of the person under arrest and to the Attorney General, and a similar report shall be made to the like authorities and in the like manner every eight days until a court-martial is assembled or the offence is dealt with summarily or he is released from arrest: Provided that in the case of a person on active service compliance with this sub-article shall be excused in so far as it is not reasonably practicable having regard to the exigencies of military operations.

(3)For the purposes of article 60

(1), the question whether there has been unnecessary delay in the taking of any steps for the investigation of allegations against a person under arrest shall be determined without regard to the provisions of the last foregoing sub-article. Investigation of, and summary dealing with, charges Investigation of charges by commanding officer. 82. Before an allegation against a person subject to military law (hereinafter referred to as "the accused") that he had committed an offence against any provision of Part III of this Act is further proceeded with, the allegation shall be reported, in the form of a charge, to the accused’s commanding officer and the commanding officer shall investigate the charge in the prescribed manner. Charges to be dealt with summarily or by court-martial. 83.

(1)After investigation, a charge against an officer below the rank of lieutenant-colonel or against a warrant officer may, if an authority has power under the following provisions of this Part of this Act to deal with it summarily, be so dealt with by that authority (in this Act referred to as "the appropriate superior authority") in accordance with those provisions.

(2)After investigation, a charge against a man of the force other than a warrant officer may be dealt with summarily by his commanding officer, subject to and in accordance with the following provisions of this Part of this Act.

(3)Any charge not dealt with summarily as aforesaid shall after investigation be remanded for trial by court-martial. MALTA ARMED FORCES

(4)Notwithstanding anything in the foregoing provisions of this article, where (

a)the commanding officer has investigated a charge against an officer or warrant officer, or (
b)the commanding officer has investigated a charge against a man of the force other than a warrant officer which is not a charge which can be dealt with summarily, the commanding officer may dismiss the charge if he is of opinion that it ought not to be further proceeded with.

(5)References in this Act to dealing summarily with a charge are references to the taking by the appropriate superior authority or the commanding officer of the accused, as the case may require, of the following action, that is to say, determining whether the accused is guilty, dismissing the charge or recording a finding of guilty accordingly, and awarding punishment. 84.

(1)The following provisions of this article shall have effect where the commanding officer has investigated a charge against a non-commissioned officer or soldier.

(2)If (

a)the charge is not one which can be dealt with summarily and the commanding officer has not dismissed it; or (
b)the charge is one which can be dealt with summarily but the commanding officer is of opinion that it should not be so dealt with, he shall take the prescribed steps with a view to the charge being tried by court-martial.

(3)Otherwise the commanding officer shall proceed to deal with the charge summarily; and if he records a finding of guilty he may award one or more of the following punishments, that is to say: (

a)if the accused is a soldier, detention for a period not exceeding twenty-eight days or, if the accused is on active service, field punishment for a period not exceeding twenty-eight days; (
b)if the accused is a soldier who is on active service on the day of the sentence, forfeiture of pay for a period beginning with the day of the sentence and not exceeding twenty-eight days; (
c)fine; (
d)if the accused is a non-commissioned officer, severe reprimand or reprimand; (
e)where the offence has occasioned any expense, loss or damage, stoppages; (
f)any of the following minor punishments, that is to say: Further proceedings on charges against N.C.Os. and soldiers. Amended by: XIII.1975.2. MALTA ARMED FORCES (
i)admonition; (
ii)extra guards not exceeding three in number; (iii) confinement to barracks outside normal working hours up to a maximum of five hours in any one day for a period not exceeding fourteen days; or (
iv)such other minor punishment for the time being prescribed: Provided that no forfeiture of pay, fine or minor punishment shall be awarded for an offence for which detention is awarded, and that no fine shall be awarded for an offence for which field punishment or forfeiture of pay is awarded.

(4)Where the accused is a lance-corporal or lance-bombardier, and the commanding officer finds him guilty, the commanding o ff i c e r m a y, i f he aw a r d s n o o t h e r p u n i s h m e n t o r n o o t he r punishment except stoppages, order the accused to be reduced to the ranks.

(5)Where an accused is an acting warrant officer or noncommissioned officer, and the commanding officer finds him g ui lt y, th e c o m ma ndi ng o ff i c e r m ay, if he awards no other punishment or no other punishment except stoppages, order the accused to revert to his permanent rank or to assume an acting rank lower than that held by him but higher than his permanent rank or, where his permanent rank is that of lance-corporal or lancebombardier, to forfeit his acting rank and be reduced to the ranks.

(6)Notwithstanding anything in sub-article

(3), where the commanding officer has determined that the accused is guilty and if the charge is dealt with summarily will award a punishment other than fine or stoppages not exceeding seven days’ pay, severe reprimand, reprimand or a minor punishment, or where a finding of guilty (whatever the punishment awarded) will involve a forfeiture of pay exceeding seven days, the commanding officer shall not record a finding until after affording the accused an opportunity of electing to be tried by court-martial; and if the accused so elects and does not subsequently withdraw his election, the commanding officer shall not record a finding but shall take the prescribed steps with a view to the charge being tried by court-martial.

(7)Where the charge is one which can be dealt with summarily, but the commanding officer has taken steps with a view to its being tried by court-martial, any higher authority to whom the charge is referred may refer the charge back to the commanding officer to be dealt with summarily; and on any such reference the four last foregoing sub-articles shall apply as if the commanding officer had originally been of opinion that the charge should be dealt with summarily: Provided that a charge shall not be referred back where the accused has elected to be tried by court-martial and has not withdrawn his election. MALTA ARMED FORCES 85.

(1)After investigating a charge against an officer or warrant officer, the commanding officer shall, unless he has dismissed the charge, or the case is one where he has power, and proposes, to direct trial by field general court-martial submit it in the prescribed manner to higher authority; and thereupon it shall be determined by such authority how the charge is to be proceeded with in accordance with the two next following sub-articles. Further proceedings on charges against officer and warrant officers. Amended by: XIII. 1975.3.

(2)If the charge is one which can be dealt with summarily, it may be referred to the appropriate superior authority.

(3)If the charge is not so referred, the prescribed steps shall be taken with a view to its being tried by court-martial.

(4)Where the charge is referred to the appropriate superior auth ority, that auth ority shall investigate the charge in the prescribed manner and determine whether the accused is guilty of the charge and accordingly dismiss the charge or record a finding of guilty: Provided that if in the course of investigating the charge the authority determines that it is desirable that the charge should be tried by court-martial, the prescribed steps shall be taken with a view to its being so tried.

(5)If the appropriate superior authority records a finding of guilty, the authority may award one or more of the following punishments, that is to say: (

a)forfeiture in the prescribed manner of seniority of rank; (
b)fine; (
c)severe reprimand or reprimand; (
d)where the offence has occasioned any expense, loss or damages, stoppages, except that he may not award both forfeiture of seniority of rank and fine.

(6)Notwithstanding anything in sub-article

(4), where the appropriate superior authority has determined that the accused is guilty and if the charge is dealt with summarily will award forfeiture of seniority, fine or stoppages exceeding seven days’ pay, or where a finding of guilty will involve a forfeiture of pay exceeding seven days, the authority shall not record a finding until after affording the accused an opportunity of electing to be tried by court-martial; and if the accused so elects the authority shall not record a finding but shall take the prescribed steps with a view to the charge being tried by court-martial. 86.

(1)Notwithstanding anything in the two last foregoing articles, where a charge (

a)has been referred to higher authority with a view to its being tried by court-martial; or (
b)has been submitted to higher authority determination how it is to be proceeded with, for Dismissal of charges referred to higher authority. MALTA ARMED FORCES that authority may, subject to the provisions of this article, refer the charge back to the commanding officer of the accused with a direction that it shall be dismissed, and in any such case the commanding officer shall dismiss the charge.

(2)The reference back of a charge in pursuance of this article shall be without prejudice to the preferring of another charge if the higher authority has so directed or the commanding officer thinks fit. Confession of desertion by man of the force. 87.

(1)Where in such manner as may be prescribed or as the Commander may approve a man of the regular force signs a written confession that he has been guilty of desertion, his commanding officer may, notwithstanding anything in the foregoing provisions of this Part of this Act, submit the confession for the consideration of the Commander or such officer not below the rank of colonel as may be prescribed.

(2)After considering any such confession the Commander or such officer as aforesaid may direct that the offence shall not be tried by court-martial or dealt with summarily by the appropriate superior authority or commanding officer, and if such a direction is given the period of his service as respects which he confesses to have been a deserter shall be forfeited.

(3)A direction under the last foregoing sub-article may further provide that the whole or any part of the offender ’s service previous to that as respects which he confesses as aforesaid shall also be forfeited.

(4)Article 16

(2)to

(5)shall apply in relation to the forfeiture of service by virtue of this article subject to the following modifications: (

a)for references to an award of forfeiture of service by the court-martial there shall be substituted references to the direction; (
b)for references to the date on which the offender was convicted there shall be substituted references to the date on which the direction was given. Officers who are to act as commanding officers and appropriate superior authorities. 88.

(1)In this Act the expression "commanding officer", in relation to a person charged with an offence, means such officer having powers of command over that person as may be prescribed.

(2)The following persons may act as appropriate superior authority in relation to a person charged with an offence, that is to say: (

a)the Commander; (
b)in the absence of the Commander, the deputy Commander; (
c)such other officer as may be prescribed.

(3)Power conferred by this Act to prescribe in respect of matters referred to in this article shall include power to confer on officers, or any class of officers, authorised to exercise the MALTA ARMED FORCES functions of commanding officer power to delegate those functions, in such cases and to such extent as may be prescribed, to officers of a class as may be prescribed. 89.

(1)The charges which may be dealt with summarily by a commanding officer, and the charges which may be dealt with summarily by an appropriate superior authority, shall be such as may be prescribed. Limitation of powers of summary dealing with charges.

(2)In such cases as may be prescribed, the powers of a commanding officer or appropriate superior authority to award p u n i s h m en t s h a l l b e su b j e c t t o s u c h l i m i t a t i o n s a s m a y b e prescribed. Courts-martial: General provisions 90.

(1)Subject to the provisions of this article, a charge which is to be tried by court-martial shall be tried either by general courtmartial or by district court-martial.

(2)Where the officer commanding a body of the force on active service - Trial to be by general or district court-martial, or in certain cases by field general courtmartial. (a) being an officer to whom under article 85

(1)a charge has been submitted for determination how it is to be dealt with; or (

b)being the accused’s commanding officer who has investigated a charge which cannot be dealt with summarily or which in his opinion ought not to be so dealt with; or (
c)being the accused’s commanding officer or the appropriate superior authority who has investigated a charge on which the accused has elected to be tried by court-martial, is of opinion that it is not possible without serious detriment to the public service that the charge should be tried by a general or a district court-martial, the officer may (whether or not he is authorised to convene general courts-martial) direct that the charge shall be tried by a field general court-martial. 91.

(1)A general court-martial shall have power to try any person subject to military law for any offence which under this Act is triable by court-martial, and to award for any such offence any punishment authorised by this Act for that offence.

(2)A district court-martial shall have the powers of a general court-martial except that it shall not try an officer or sentence a warrant officer to imprisonment, dismissal with disgrace, dismissal or detention, and shall not award the punishment of imprisonment for a term exceeding two years.

(3)A field general court-martial shall have the powers of a general court-martial, except that where the court consists of less than three officers the sentence shall not exceed imprisonment for a term of two years. Powers of different descriptions of court-martial. Amended by: X.2000.6. Officers having power to convene courts-martial. Amended by: LVIII. 1974.68. MALTA ARMED FORCES 92.

(1)A general court-martial may be convened by any officer authorised by the President of Malta by warrant under his hand to convene general courts-martial or that court-martial, or by any officer under the command of an officer authorised as aforesaid to whom the last-mentioned officer has, in the exercise of a power conferred by the warrant issued to him, delegated his power to convene general courts-martial.

(2)A district court-martial may be convened by an officer authorised to convene general courts-martial or by any person under the command of such an officer whom that officer has authorised to convene district courts-martial.

(3)A field general court-martial may be convened by the officer who directed that the charge should be tried by field general court-martial.

(4)Any warrant under this article, or any authorisation under this article to convene courts-martial (

a)may be made subject to restrictions, reservations, exceptions or conditions; (
b)may be addressed to officers by name or by designation of their offices, and may be issued or given to a named or designated officer, to a named or designated officer and to the person for the time being performing the duties of his office, to a named or designated officer and his successors in that office or to a named or designated officer and such person and successors; (
c)may be varied or may be revoked, either wholly or in part, by a subsequent warrant of the President of Malta or, as the case may be, by the officer by whom it was given or his successor in office. Constitution of general courtsmartial. 93.

(1)A general court-martial shall consist of the president and not less than four other officers.

(2)An officer shall not be appointed a member of a general court-martial unless he belongs to the force, is subject to military law and has held a commission in the force or in any of the forces of a Commonwealth country for a period of not less than three years or for periods amounting in the aggregate to not less than three years.

(3)Not less than four of the members of a general court-martial shall be of a rank not below that of captain.

(4)The president of a general court-martial shall be appointed by order of the convening officer and shall not be under the rank of field officer wherever it is practicable to appoint such an officer or unless in the opinion of the convening officer a field officer having suitable qualifications is not, with due regard to the public service, available; and in any event the president of a general court-martial shall not be under the rank of captain.

(5)The members of a general court-martial, other than the president, shall be appointed by order of the convening officer or in MALTA ARMED FORCES such other manner as may be prescribed.

(6)An officer under the rank of captain shall not be a member of a general court-martial for the trial of an officer above that rank. 94.

(1)A district court-martial shall consist of the president and not less than two other officers. Constitution of district courtsmartial.

(2)An officer shall not be appointed to be a member of a district court-martial unless he belongs to the force, is subject to military law and has held a commission in the force or in any of the forces of a Commonwealth country for a period of not less than two years or for periods amounting in the aggregate to not less than two years.

(3)The president of a district court-martial shall be appointed by order of the convening officer and shall not be under the rank of field officer wherever it is practicable to appoint such an officer or unless in the opinion of the convening officer a field officer having suitable qualifications is not, with due regard to the public service, available; and in any event the president of a district court-martial shall not be under the rank of captain.

(4)The members of a district court-martial, other than the president, shall be appointed by order of the convening officer or in such other manner as may be prescribed. 95.

(1)A field general court-martial shall consist of the president and not less than two other officers, or, if the convening officer is of opinion that three officers having suitable qualifications are not available without serious detriment to the public service, shall consist of the president and one other officer. Constitution of field general courts-martial.

(2)The members of a field general court-martial shall be persons belonging to the force and subject to military law.

(3)The president of a field general court-martial shall be an officer appointed by the convening officer and shall not be under the rank of captain.

(4)The members of a field general court-martial, other than the president, shall be appointed by order of the convening officer or in such other manner as may be prescribed. 96.

(1)The officer who convened a court-martial shall not be a member of that court-martial: Provided that if in the case of a field general court-martial it is not practicable in the opinion of the convening officer to appoint another officer as president, he may himself be president of the court-martial.

(2)An officer who at any time bet

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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.