App. III. A.F., C. 392. A.F., C. 392A If the Detention Barrack to which he is returned is altered. do hereby, in pur- there to To the governor or chief officer of (or detention barrack) at Whereas [Name-No.-Rank], of the prison regiment, is now in your custody undergoing a sentence of imprisonment passed by court-martial. I, the undersigned, being the do hereby, in pursuance of the Army Act, and of all other Acts and powers enabling me in this behalf, order you to deliver the said soldier to the officer or noncommissioned officer presenting this order. And I do hereby order the said officer or non-commissioned officer, and all officers and non-commissioned officers into whose custody the said soldier may be delivered, to keep the said soldier in military custody and to convey him in military custody in such manner as may be directed by military authority regiment to which he belongs is serving (a), and for so doing this shall be sufficient warrant. to where the at FORM N. Order for Removal of Soldier undergoing Detention for Embarkation. To the commandant or chief officer of the detention barrack Whereas [Name-No.-Rank], of the regiment, is now in your custody undergoing a sentence of detention passed by court-martial (b). I, the undersigned, being the do hereby, in pursuance of the Army Act, and of all other Acts and powers enabling me in this behalf, order you to deliver the said soldier to the officer or non-commissioned officer presenting this order. (a) If necessary, substitute "under orders to serve." (b) If necessary, substitute "awarded by his commanding officer." And I do hereby order the said officer or non-commissioned App. III. officer, and all officers and non-commissioned officers into whose custody the said soldier may be delivered, to keep the said soldier in military custody and to convey him in military custody in such manner as may be directed by military authority to where the regiment to which he belongs is serving (a), Order for Removal of Soldier from one public Prison (or Detention Barrack) to another. To the governor or chief officer of (or detention barrack) at Whereas [Name-No.-Rank], of the prison regiment, is now in your custody undergoing a sentence of imprisonment passed by court-martial. do hereby, in I, the undersigned, being the pursuance of the Army Act, and of all other Acts and powers enabling me in this behalf, order you to deliver the said soldier to the officer or non-commissioned officer presenting this order. And I do hereby order the said officer or non-commissioned officer, and all officers and non-commissioned officers into whose custody the said soldier may be delivered, to keep the said soldier in military custody and convey him in military custody in such manner as may be directed by military authority, to the prison (or detention barrack) at there to undergo the remainder of his sentence, and for so doing this shall be sufficient warrant. Order for Removal of a person subject to Military Law as a Soldier A.F.,C.393A undergoing Detention from one Detention Barrack to another. at To the commandant or chief officer of the detention barrack Whereas [Name-No.-Rank], of the regiment, is now in your custody undergoing a sentence of detention passed by court-martial (b); do hereby in I, the undersigned, being the pursuance of the Army Act, and of all other Acts and powers enabling me in this behalf, order you to deliver the said soldier to the officer or non-commissioned officer presenting this order. (a) If necessary, substitute "under orders to serve." (b) If necessary, substitute "awarded by his commanding officer." (M.L.) 2 P 2 App. III And I do hereby order the said officer or non-commissioned officer, and all officers and non-commissioned officers into whose custody the said soldier may be delivered, to keep the said soldier in military custody, and convey him in military custody in such manner as may be directed by military authority, to the detention barrack at there to undergo the remainder of his sentence, and for so doing this shall be sufficient warrant. A.F., C. 396 (b) FORM Q (a). Form of order for temporary custody in Prison or Lock-up. To the governor or chief officer of Whereas [Name-No.-Rank], of the a soldier in military custody. prison at regiment, is now Now therefore I, the undersigned, the commanding officer of the said soldier, do hereby in pursuance of the Army Act, and of all other Acts and powers enabling me in this behalf, order you to receive the said soldier into your custody and detain him until you receive a further order from me, but not longer than seven days, and for so doing this shall be your warrant. Signed this day of 19 . J.K. FORM R. A.F., B. 72. Form of Commitment to Detention Barrack for safe custody while awaiting Trial by, or Sentence of, Court-Martial. To the officer or non-commissioned officer in charge of the detention barrack at Whereas [Name—No.-Rank], of the regiment [has been remanded for trial by court-martial] (c) or [was on the offence of 11 and is awaiting [trial] (c) or [the promulgation of the finding and sentence of the court]. Now, therefore, I, the undersigned, being the commanding officer of the said soldier, do hereby, in pursuance of the King's Regulations and Orders for the Army enabling me in this behalf, order you to receive him into your custody for safe custody, and for so doing this shall be your warrant. at (a) This form can be used only in the case of a soldier as defined by the Army Act. (b) Substitute, if necessary, "officer in charge of the police station [or other place] (c) NOTE.-The forms should be altered to meet the cases of confinement before and after the trial respectively by erasing the words not applicable. You will take care that the said soldier wears his regimental App. III. clothing and necessaries, that he is allowed to exercise during a reasonable portion of each day in association, if possible, but that he is kept apart from soldiers undergoing sentences, and that he receives the ordinary rations and messing of a soldier. should not be obliged to labour otherwise than by being employed in drill fatigue and other duties similar in kind and amount to those he might be called on to perform if not in confinement. He Signed at this day of 19 FORM S. Form of Discharging Order in case of Confinement in Detention A.F., B. 94. Barrack for safe Custody while awaiting Trial by, or Sentence of, Court-Martial. To the officer or non-commissioned officer in charge of the detention barrack at You are hereby required to deliver over the soldier [Name-No. -Rink], of the regiment, now in your custody for safe custody, pursuant to committal by his commanding officer, to the non-commissioned officer of the escort herewith attending to receive him. Order for the Removal in Military Custody of a Deserter or Absentee A.F., without leave awaiting Escort. O. 1797. To the governor or chief officer of Whereas [Name-No.-Rank], of the prison. regiment, is now in your custody as a deserter or absentee without leave awaiting escort, I, the undersigned, being do hereby order you to deliver the said prisoner to the escort producing this authority. Signed at this day of 19 . D.E. FORM U. Form of Commitment of Person guilty of Contempt of a To the officer or non-commissioned officer in charge of the Whereas a court-martial for the trial of of which I, the undersigned, am president, was on this day sitting at and of the Battalion, And whereas the said court did order 'the above-named offender to be imprisoned [or to undergo detention] for days. Now, therefore, the court doth order you to receive the said offender into your custody for safe custody, and for so doing this shall be your warrant. F. P. Rules. Rules for Field Punishment. RULES FOR FIELD PUNISHMENT MADE UNDER S. 44, OF THE ARMY ACT. 1. A court-martial, or a commanding officer, may award field punishment for any offence committed on active service, and may sentence an offender for a period not exceeding, in the case of a court-martial three months, and in the case of a commanding officer twenty-eight days, to one of the following field punishments, namely (a) Field punishment No. 1. (b) Field punishment No. 2. 2. Where an offender is sentenced to field punishment No. 1, he may, during the continuance of his sentence, unless the courtmartial or the commanding officer otherwise directs, be punished as follows: (a) He may be kept in irons, i.e., in fetters or handcuffs, or both fetters and handcuffs; and may be secured so as to prevent his escape. (b) When in irons he may be attached for a period or periods not exceeding two hours in any one day to a fixed object, but he must not be so attached during more than three out of any four consecutive days, nor during more than twenty-one days in all. (c) Straps or ropes may be used for the purpose of these rules in lieu of irons. (d) He may be subjected to the like labour, employment, and restraint, and dealt with in like manner as if he were under a sentence of imprisonment with hard labour. |