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Royal Warrant governing the Maintenance of Discipline among of War

ELIZABETH R. WHEREAS WE deem it expedient to amend the Regulations governing competent tribunals to determine status pursuant to Article 5 of the Geneva Convention Relative to the Treatment of Prisoners of War, 1949, attached to Our Warrant dated the ninth day of November, 1956 ; AND WHEREAS WE further deem it expedient to amend the Regulations for the Maintenance of Discipline amongst Prisoners of War, attached to Our said Warrant, of such nations as have, or may in future, become parties to the said Geneva Convention of 1949, whether detained in the United Kingdom or elsewhere; OUR WILL AND PLEASURE is that Our said Warrant dealing with these matters shall be cancelled. OUR FURTHER WILL AND PLEASURE is that the status of prisoners of war shall be determined in accordance with the Regulations attached at the First Schedule of this Our Warrant which Regulations shall be the sole authority on the matters therein treated of. OUR FURTHER WILL AND PLEASURE is that the custody of and maintenance of discipline amongst prisoners of war detained in the custody of Our forces raised in the United Kingdom or Our colonies, protectorates, protected states and trust territories for the time being administered under the authority of Our Government in the United Kingdom under the trusteeship system of the United Nations shall be governed by the Regulations attached at the Second Schedule of this Our Warrant, which Regulations shall be the sole authority on the matters therein treated of. OUR FURTHER WILL AND PLEASURE is that this Our Warrant shall be known as Our Royal Warrant Governing the Maintenance of Discipline among Prisoners of War . Given at our at St. James's this seventh day of August in the seventh year of Our Reign.

By Her Majesty's Command

CHRISTOPHER SOAMES

First Schedule: Convening of board of inquiry to determine the status of persons 1.–(1) Whenever it appears to an officer (hereinafter called the unit commander) who is the commanding officer of a body of Her Majesty's forces or who is the commandant of any camp or other place set apart for the of prisoners of war, that a doubt exists as to whether any person in his custody who has committed a belligerent act before capture, belongs to any of the categories enumerated in Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War, 1949, he shall, subject to Regulation 4, convene a board of inquiry under these Regulations as soon as may be for the purpose of inquiring into, and determining by report, the status of the person in respect of whose status a doubt has arisen as aforesaid, and pending determination of that status, that person shall be treated for all purposes as, and enjoy the full privileges of, a of war. (2) If, in any case to which the preceding paragraph applies a unit commander does not convene a board of inquiry in accordance with that paragraph or cannot do so by virtue of Regulation 4, he shall, as soon as may be practicable, notify a superior authority of the fact that he has not or cannot convene the board of inquiry and it shall thereupon be the duty of that superior authority to convene the board of inquiry. (3) Nothing in the preceding paragraphs of this Regulation shall be construed as limiting in any way the power of a superior authority to convene a board of inquiry for the purpose mentioned in paragraph (1) of this Regulation. Action to be taken where insufficient of belligerent acts 2. If at any time before making such report it shall appear to the board of inquiry convened under these Regulations that there is insufficient evidence to establish that a belligerent act has been committed by the person whose status is the subject matter of determination before the board it shall so state when making the report. Application of the Army Act 1955, s. 135 and the Boards of Inquiry (Army) Rules, 1956 3. Except insofar as they shall be inconsistent with anything contained in these Regulations, the provisions as to the constitution of a board of inquiry and as to the procedure thereof contained in section 135 of the Army Act, 1955, and any Rules made thereunder and for the time being in force, shall apply to a board of inquiry under these Regulations as if the said provisions were set out herein. Persons who cannot convene boards of inquiry 4. Such a board of inquiry shall not be convened by a unit commander unless he is of or above the rank of major or corresponding rank. Presence at inquiry of person whose status is being determined 5. So far as practicable the person whose status is to be determined shall be present throughout the inquiry and have all the rights and privileges that a person who may be affected by the findings of a board of inquiry convened under section 135 of the Army Act, 1955, and any Rules made thereunder and for the time being in force would have. Effects of reports of boards of inquiry and convening of fresh boards 6. The report of any board of inquiry shall not require the confirmation of any superior officer or authority, and shall be effective for the purpose of determining the status of the person concerned under the Geneva Convention Relative to the Treatment of Prisoners of War, 1949 : Provided that any officer or authority superior to the officer who convened the board of inquiry may, if of the opinion that the report of the board of inquiry is not supported by any evidence recorded before the board of inquiry, convene a fresh board of inquiry under and for the purposes of these Regulations and thereupon the report of the first board of inquiry shall be void and of no effect. Disposal of records of proceedings 7. The record of the proceedings of a board of inquiry held under these Regulations shall be forwarded to the Ministry of Defence and retained there. Reports not binding on civil or courts-martial 8. The report of any board of inquiry under these Regulations shall not be binding on any civil court or court- martial. Citation 9. These Regulations may be cited as the Determination of Status Regulations, 1958.

Second Schedule: Orders and Notices Orders relating to the custody and discipline of prisoners of war 1. The custody of prisoners of war and the maintenance of discipline among prisoners of war, shall, so far as circumstances admit, be regulated by orders issued under the authority of the officer commanding the command, district, area, garrison, or other place where the prisoners of war are held, subject to such instructions as may from time to time be issued by the Defence Council, such orders shall, so far as practicable, follow the specimen orders contained in the First Appendix of these Regulations. Method of communicating orders to prisoners of war 2. The orders referred to in Regulation 1 shall be communicated to each prisoner of war in a language which he understands. In addition:– (a) a copy of such orders in which the language of the prisoner of war shall be posted at a place where he may read it; and (b) the prisoners' representative shall be handed a copy of such orders in a language which he understands. Publication of text of the Convention in camps 3. In every camp, the text of the Convention and its annexes and of any special agreements concluded thereunder shall be posted in the prisoners' own language at places where all may read them and copies thereof shall he supplied on request to those prisoners of war who are unable to have access to the copies which have been so posted. List of approved types of work 4. Wherever practicable the Defence Council shall cause a list of the types of work approved by them to be posted in working camps for prisoners of war. Offences against discipline Offences other than civil offences 5.–(1) Subject to paragraph (3) of this Regulation, any prisoner of war who is guilty of any act, conduct, neglect of a type which, if committed by a member of the regular forces, would be punishable (otherwise than by virtue of section 70 of the Act) shall on be liable to suffer such or not greater than for a term of two years as may be permitted by Regulation 9 if the proceedings in respect of the offence are judicial proceedings, or such punishment or punishments as may be permitted by Regulation 10 if the proceedings in respect of the offence are disciplinary proceedings: Provided that:– (a) a prisoner of war who attempts to escape and is recaptured before having made good his escape shall be liable only to disciplinary punishment in respect of such attempted escape even if it is a repeated offence; (b) offences committed by a prisoner of war against these Regulations with the sole intention of facilitating his escape and which do not entail any violence against life or limb such as offences against public property, the drawing up or use of false papers, theft without intent of self-enrichment or the wearing of civilian clothes shall occasion disciplinary punishment only: and (c) any prisoner of war who aids or abets an escape or an attempt to escape shall be liable on this count to disciplinary punishment only. (2) Subject to paragraph (3) of this Regulation and without prejudice to the provisions of the foregoing paragraph, any prisoner of war who is guilty of any act, conduct or neglect to the prejudice of: (a) the safety or well-being of Her Majesty's dominions, armed forces or subjects; or (b) the safe custody, control or well-being of any prisoner of war (including the person accused); or (c) good order and discipline among prisoners of war, shall on conviction in disciplinary proceedings be liable to disciplinary punishment. (3) A prisoner of war who has made good his escape, that is to say who has: (a) joined the armed forces of the Power on which he depends, or those of an allied power; or (b) left the territory under the control of Her Majesty or of an ally of Her Majesty; or (c) joined a ship flying the flag of the Power on which he depends or of an allied Power in Her Majesty's territorial waters the said ship not being under Her Majesty's control, shall not be liable to any punishment in respect of that escape. Civil offences 6.–(1) Any prisoner of war who commits a civil offence, whether in the United Kingdom or elsewhere, shall be guilty of an offence against this Regulation. (2) In these Regulations the expression "civil offence" means any act or omission punishable by the law of England or which if committed in England would be punishable by that law; and in these Regulations the expression "corresponding civil offence" means the civil offence the commission of which constitutes the offence against this Regulation. (3) A prisoner of war convicted by prisoner of war court-martial of an offence against this Regulation shall, subject to paragraph (4) of this Regulation, be liable to suffer any punishment or punishments which a civil court could award for the corresponding civil offence if committed in England being a judicial punishment or punishments provided by these Regulations or such punishment less than the maximum punishment which a civil court could so award, as is so provided: Provided that:– (a) where a civil court could not so award imprisonment, a prisoner of war so convicted shall be liable to suffer such judicial punishment less than imprisonment as is so provided; and (b) a civil offence committed by a prisoner of war with the sole intention of facilitating his escape and which does not entail any violence against life or limb, such as offences against public property, the drawing up or use of false papers, or theft without intent of self-enrichment, shall occasion disciplinary punishment only. (4) Prisoners of war courts-martial shall be at liberty to reduce the punishment provided by law for the offence of which the prisoner of war is convicted and shall, therefore, not be bound to apply the minimum punishment prescribed by law for such corresponding civil offence. (5) A civil offence committed by a prisoner of war may be made the subject of disciplinary proceedings under these Regulations if the offence is one which could be dealt with summarily under the Act if committed by a member of the regular forces and in such case the prisoner of war shall be liable only to disciplinary punishment in respect of the offence. (6) A prisoner of war shall not be charged with an offence against this Regulation committed in the United Kingdom if the corresponding civil offence is murder, manslaughter or rape. (7) A prisoner of war court-martial convened in the United Kingdom shall not try a grave breach of any of the Conventions referred to in Regulation 7. (8) Where the corresponding civil offence is murder or manslaughter, an offence against this Regulation shall be deemed for the purposes of these Regulations to have been committed at the place of the commission of the act or occurrence of the neglect which caused the death irrespective of the place of death. Grave breaches of the Geneva Conventions, 1949 Grave breaches of the Geneva Conventions, 1949 7.–(1) Any person who has committed, or aided, abetted or procured the commission by any other person of, any such grave breach of the Convention as is referred to in Article 130 thereof or in any of the following Articles of the following Conventions, namely:– (a) Article 50 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field; (b) Article 51 of the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Ship-wrecked Members of the Armed Forces at Sea; and (c) Article 147 of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, shall be deemed to have committed an offence against these Regulations and be liable if he subsequently becomes a prisoner of war to be tried therefor by prisoner of war court-martial convened outside the United Kingdom and on conviction if the grave breach involved the wilful killing of a person protected by the Convention in question, to be sentenced to imprisonment for life or any less punishment provided by these Regulations; and any other case to be sentenced to imprisonment for a term not exceeding 14 years. (2) Proceedings under these Regulations in respect of an offence mentioned in the preceding paragraph of this Regulation shall be judicial proceedings under and for the purposes of these Regulations. Punishments Punishments generally 8.–(1) No prisoner of war may be punished more than once for the same act or on the same charge. (2) A prisoner of war shall not be awarded or sentenced to a punishment unless that punishment is prescribed by the Act for acts of a similar nature when committed by members of the regular forces or is expressly permitted by the Convention. (3) When determining the punishment which shall be awarded to a prisoner of war, or to which he shall be sentenced, the fact ( if such it be) that the accused is not a British subject and is not bound to the Crown by any duty of allegiance and that he is in its power as a result of circumstances independent of its own will shall be taken into consideration to the widest extent possible. (4) A woman prisoner of war shall not be awarded or sentenced to a punishment more severe than that which might be awarded to a woman member of the regular forces dealt with for a similar offence and in no case may a woman prisoner of war be awarded or sentenced to a punishment more severe than that which might be awarded to a male member of the regular forces dealt with for a similar offence. Judicial punishments 9.–(1) The punishments which may be awarded to a prisoner of war by a prisoner of war court-martial under these Regulations are, subject to the provisions of Regulation 8 and paragraphs (3), (4), (5), (6), (7), and (8) of this Regulation, those set out in the following scale and references in these Regulations to judicial punishments are references to those punishments. (2) The said scale is:– (a) death; (b) imprisonment; (c) except in the case of officers, in the manner provided for in the case of soldiers of the regular forces for any period not exceeding two years; (d) except in the case of officers in addition to or without any of the punishments above referred to, forfeiture of all advances of pay and working pay which the prisoner of war would otherwise receive during the normal working period of not more than 90 days; (e) in addition to or without any of the punishments above referred to, a deduction, from any pay due to a prisoner of war of a specific sum by way of compensation for any expense, loss or damage occasioned by the offence. (3) No sentence of death may be passed on a prisoner of war who has been found guilty of an offence punishable by death:– (a) unless the attention of the prisoner of war court-martial has been drawn to the fact (if such it be) that since the accused is not a British subject he does not owe any duty of allegiance to Her Majesty and that he is held as a result of circumstances independent of his own will; and (b) without the concurrence of all members of the court. (4) Escape or attempted escape even if it is a repeated offence shall not be deemed an aggravating circumstance when a prisoner of war is tried by prisoner of war court-martial in respect of an offence committed during his escape or attempted escape. (5) A prisoner of war shall not be subject to detention for more that two consecutive years whether under one or more sentences. (6) For the purposes of these Regulations a punishment specified in the scale set out in paragraph (2) of this Regulation shall not be treated as less than any punishment which precedes it and greater than any punishment which follows it in that scale; (7) Any period spent by a prisoner of war in confinement awaiting trial shall be deducted from any sentence of imprisonment or detention passed upon him and taken into account in fixing any other punishment. (8) A prisoner of war court-martial which consists of less that three officers shall not pass a sentence which exceeds imprisonment for a period of two years. Disciplinary punishments 10.–(1) The punishments which may be awarded to a prisoner of war by a commandant under these Regulations are, subject to the provisions of Regulation 8 and paragraphs (3), (4), (5), and (6) of this Regulation, those set out in the following scale and references in these Regulations to disciplinary punishments are references to those punishments. (2) The said scale is:– (a) confinement in custody for any period not exceeding thirty days; (b) confinement to quarters for any period not exceeding fourteen days during which period the offender shall be required to answer to his name throughout the day as he shall be required to do by the authorities under whose control he is and shall (unless he be an officer) be employed on extra fatigue duties not exceeding two hours daily and may also be required to undertake all work undertaken by well-conducted prisoners of war in addition to such fatigue: Provided that a prisoner of war sentenced to confinement to quarters shall be entitled to all the benefits of the Convention but shall not receive any additional privileges, other than privileges attaching to rank, accorded to well-conducted prisoner of war; and (c) In addition to or without any of the punishments above referred to, a fine which shall not exceed fifty percent of the advances of pay and working pay which the prisoner of war would normally expect to receive during a period of not more than thirty days. (3) Where, during the course of or after the termination of any disciplinary punishment, a prisoner of war is awarded a further disciplinary punishment, a period of at least three days shall elapse between the execution of any two of the disciplinary punishments if the duration of one of them is ten days or more. (4) Any period in confinement awaiting disciplinary proceedings or the award of a disciplinary punishment for an offence shall be deducted from the disciplinary punishment awarded to the accused or taken into account in fixing that punishment. (5) The period between the award of a disciplinary punishment and its execution shall not exceed twenty- eight days; (6) For the purposes of these Regulations a punishment specified in the scale set out in paragraph (2) of this Regulation shall be treated as less than any punishment which precedes it and greater than any which follows it in that scale. Confinement before, during and after proceedings Confinement before proceedings 11.–(1) Subject to paragraph (3) of this Regulation, a prisoner of war may be confined while awaiting judicial proceedings against him if a member of the regular forces would be so confined if accused of a similar offence, or if it is essential to do so in the interests of national security: Provided that the period spent by a prisoner of war in such confinement shall be reduced to an absolute minimum and shall not exceed three months. (2) Subject to paragraph (3) of this Regulation, a prisoner of war may be confined while awaiting disciplinary proceedings against him if a member of the regular forces would be so confined if accused of a similar offence, or if it is essential to do so in the interests of camp order and discipline. Provided that the period spent by a prisoner of war in such confinement shall be reduced to an absolute minimum and shall not exceed fourteen days. (3) A prisoner of war confined while awaiting judicial or disciplinary proceedings shall:– (a) not be transferred to a , or other such establishment for the purpose of such confinement; (b) be confined in premises which conform to the sanitary requirements set forth in Article 25 of the Convention; (c) not, if an officer or person of equivalent status, be lodged in the same quarters as non-commissioned officers or men; (d) if a woman, be confined in separate quarters from male prisoners of war and shall be under the immediate supervision of women; (e) continue to enjoy the benefits of the provisions of the Convention, except as so far as these are necessarily rendered inapplicable by the mere fact that he is so confined and in no case may he be deprived of the benefits of the provisions of Articles 78 and 126 of the Convention; (f) not be deprived of the prerogatives attaching to his rank; (g) be allowed to exercise and to stay in the open air at least two hours daily; (h) on his own request be allowed to be present at the daily medical inspections and shall receive the attention which his state of health requires and if necessary, be removed to the camp infirmary or to a hospital; (i) have permission to read and write, likewise to send and receive letters but during his confinement parcels and remittances of money may be withheld from him; Provided that parcels and money so withheld shall be entrusted to the prisoners' representative who shall hand over to the camp infirmary any perishable goods contained in such parcels. Further provisions as to confinement 12. Subject to the provisions of Regulations 16, 26 (5) and 27, a prisoner of war may be confined during judicial or disciplinary proceedings against him and in the case of judicial proceedings until promulgation of the finding and sentence if a member of the regular forces could be so confined in similar circumstances and the provisions of Regulation 11 (3) shall apply to the confinement of a prisoner of war during proceedings against him as they apply to confinement under that Regulation. Investigation of offences 13.–(1) Before an allegation against a prisoner of war that he has committed an offence against these Regulations is further proceeded with, the allegation shall be reported, in the form of a charge to the commandant who shall investigate the charge. Rules 7-10, 12, 103, 104 and 106 of the Rules of Procedures shall, subject to paragraph (2) of this Regulation and to the modifications specified in the Third Appendix to these Regulations apply to such investigation so far as appropriate and not inconsistent with these Regulations, as if the prisoner of war concerned was a member of the regular forces charged with having committed an offence against the Act on active service and the relevant provisions of the said Rules were set out in these Regulations. (2) The forms set out in the First Schedule to the Rules of Procedure shall not be used but in place of the said forms, other than the form of delay report, there shall be used forms which are as near to the said forms as circumstances permit. Avoidance of delay 14.–(1) Investigations under Regulation 13 (1) shall be conducted as rapidly as circumstances permit so that the proceedings against the prisoner of war concerned shall take place as soon as possible. (2) Acts or omissions which constitute offences against discipline shall be investigated immediately. Disciplinary proceedings Courses open to commandants 15.–(1) When a commandant has investigated a charge against a prisoner of war he shall:– (a) if the charge is one which must be made the subject of judicial proceedings if it is proceeded with, dismiss the charge if he is of the opinion that it ought not to be further proceeded with; or (b) if the charge is one which can or must in accordance with the provisos to Regulation 5 (1) be made the subject of disciplinary proceedings, deal with it himself; or (c) take the necessary steps with a view to the charge being dealt with by way of judicial proceedings. (2) The reference in paragraph (1) (b) of this Regulation to a commandant dealing with a charge himself is a reference to the taking by him of the following action, that is to say, determining whether the accused prisoner of war is guilty, dismissing the charge or recording a finding of guilty and awarding punishment. Disciplinary proceedings 16.–(1) Where a commandant acts in accordance with paragraph (b) of Regulation 15 (1), the provisions of Rules 11, ..., 103, 104 and 106 of the Rules of Procedure shall apply so far as appropriate and not inconsistent with these Regulations, subject to the modifications to the said Rules specified in the Third Appendix to these Regulations as though the said provisions were set out in these Regulations and the prisoner of war concerned was a member of the regular forces on active service. (2) A disciplinary punishment shall be announced to a prisoner of war and to the prisoners' representative concerned. (3) A record of all disciplinary punishments shall be maintained by the commandant and shall be open to inspection by representatives of the Protecting Power. of prisoners of war court-martial 17.–(1) When a commandant acts in accordance with paragraph (c) of Regulation 15 (1), he shall, after remanding the accused prisoner of war for trial by prisoner of war court-martial, send to the convening officer:– (a) A copy of the charge on which the accused is held ; (b) A draft charge-sheet containing the charge upon which the commandant considers that the accused should be tried by prisoner of war court-martial : (c) The summary or abstract of evidence; (d) A statement of the character and record of the accused; and (e) A recommendation as to how the charge should be proceeded with. (2) After a commandant has remanded an accused prisoner of war for trial by prisoner of war court-martial in accordance with the preceding paragraph, he shall not dismiss the charge on which the accused was so remanded unless it has been referred back to him under the provisions of Regulation 18. Reference back of charges to commandants by convening officers 18.–(1) When a charge has been referred to a convening officer under the preceding Regulation with a view to its being tried by prisoner of war court-martial, he may, subject to the provisions of this Regulation, refer the charge back to the commandant of the accused with a direction that it shall be dismissed and in any such case, the commandant shall dismiss the charge. (2) The reference back of a charge in pursuance of the preceding paragraph shall be without prejudice to the preferring of another charge if the convening officer has so directed the commandant or the commandant thinks fit. (3) Where a charge has been referred to a convening officer under the preceding Regulation and the charge is one which the commandant can deal with himself, the convening officer may, instead of referring the charge back to the commandant with a direction that it shall be dismissed, refer it back to him with a direction that he shall deal with it and on any such reference back, the commandant shall deal with the charge as if he had originally been of the opinion that he should deal with it himself. Officers who may award disciplinary punishments and delegation of commandant's powers 19.–(1) Without prejudice to the competence of prisoner of war courts-martial and higher authority, disciplinary punishments may be awarded by a commandant or by a responsible officer who replaces him or to whom he has delegated his disciplinary powers including his power under Regulation 13 to investigate charges: Provided that in no case may such power be delegated to or exercised by a prisoner of war. (2) When a commandant delegates his disciplinary powers to another officer he may impose such restrictions as seem to him proper upon the exercise of those powers by that officer. Review of disciplinary proceedings and awards 20. Disciplinary proceedings or awards may be reviewed at any time by any officer superior in command to the officer who made the finding or award and the provisions of section 115 of the Act shall apply to such reviews, so far as appropriate and not inconsistent with these Regulations, subject to the modifications of the said section specified in the Second Appendix to these Regulations, as though the said provisions were herein set out. Preparation of charge-sheets and the framing and construction of charges Charge-sheets 21.–(1) A charge-sheet shall contain the whole of the issue or issues to be tried at one time and may contain more than one charge if the charges are founded on the same facts or form or are part of a series of offences of the same or similar character. (2) Every charge-sheet shall in its lay-out follow the appropriate illustration given in the Fourth Appendix to these Regulations. (3) The commencement of each charge-sheet shall be in the appropriate form set out in the Fourth Appendix to these Regulations and shall give the full particulars and description of the accused prisoner of war, so far as they are known, and show by description of the accused prisoner of war or by express averment that he is liable to trial by prisoner of war court-martial. Charges 22.–(1) Each charge shall state one offence only. (2) Offences may be charged in the alternative in separate charges but in no case shall they be charged in the alternative in the same charge. When charges are laid in the alternative they should be set out in order of gravity commencing with the most serious. (3) Each charge shall consist of two parts, namely:– (a) the statement of the offence; and (b) the particulars of the act, neglect or omission constituting the offence. (4) The statement of offence in the case of an offence to which Regulation 5 or Regulation 7 relates shall be in the appropriate form set out in the Fourth Appendix; the statement of offence in the case of an offence to which Regulation 6 relates shall, in so far as the form of words is not laid down in the Fourth Appendix, be in such words as sufficiently describe that offence. (5) The particulars shall state:– (a) such circumstances respecting the alleged offence as will enable the accused prisoner of war to know every act, neglect or omission which it is intended to prove against him as constituting the offence; and (b) any additional facts which it is intended to prove as rendering the accused prisoner of war liable to the punishment of a deduction from his pay if convicted. Joint charges 23.–(1) Any number of accused prisoners of war may be charged in the same charge-sheet with offences alleged to have been committed by them separately if the acts on which the charges are founded are so connected that it is in the interests of justice that they be tried together. (2) (a) Any number of accused prisoners of war may be charged jointly in one charge for an offence alleged to have been committed by them jointly. (b) Where so charged any one or more of such accused prisoners of war may at the same time be charged in the same charge-sheet with any other offence alleged to have been committed by him or them individually or jointly, provided that such charges could, if the accused to whom they relate had been tried separately, have been included under Regulation 21 (1) in the same charge-sheet as the other charges against him. Construction of charge-sheets and charges 24. In the construction of a charge-sheet or charge there shall be presumed in favour of supporting it every proposition which may reasonably be presumed to be impliedly included, though not expressed therein, and the statement of the offence and the particulars of the offence shall be read and construed together. Judicial proceedings Notification of Protecting Power before trial 25.–(1) As soon as possible after it has been decided to try an accused prisoner of war by prisoner of war court-martial and in any case not less than three weeks before the date fixed for the beginning of the trial a notification shall be given to the Protecting Power (if any), the accused and the prisoners' representative giving the particulars referred to in Article 104 of the Convention. (2) For the purposes of this Regulation, the period of three weeks shall run from the date on which the notification is received by the Protecting Power (if any) at the address previously indicated by the latter to Her Majesty's Government. (3) At the beginning of every trial, evidence must be submitted that the notification has been received by the Protecting Power (if any), the accused and the prisoners' representative at least three weeks before the beginning of the trial and if no such evidence can be submitted the trial must, subject to paragraph (5) of this Regulation, be adjourned. (4) Any document or letter purporting to be signed by a representative of the Protecting Power (if any) which states the date of receipt of any such notification by it shall be sufficient evidence, unless the contrary be shown, of the date on which notification was received. (5) If there is no Protecting Power to whom such notification can be given the trial may proceed on or after the date fixed for the beginning of the trial notwithstanding that there is no Protecting Power: Provided that : (a) the requirements of these Regulations have been complied with; and (b) evidence is submitted at the beginning of the trial that there is no Protecting Power. A letter or other document purporting to be signed by or on behalf of the Defence Council and stating that there is no Protecting Power shall be conclusive evidence of that fact. Preparation of defence 26.–(1) A prisoner of war against whom judicial proceedings have been instituted shall be entitled:– (a) to assistance by one of his prisoner of war comrades; (b) to defence by counsel of his own choice; and (c) if the prisoner of war deems necessary, to the service of a competent interpreter. (2) The convening officers shall ensure that the prisoner of war is advised in due time before his trial:– (a) of the rights referred to in paragraph (1) of this Regulation ; (b) that he will be entitled to call in his defence; and (c) for his right to petition against the finding or sentence or both of the prisoner of war court-martial which tries him and to apply for leave to appeal against his conviction and of the time limits within which he may petition or appeal. (3) Failing a choice by a prisoner of war of counsel to defend him, the Protecting Power shall find him counsel and shall have at least one week at its disposal for this purpose. The convening officer shall deliver to the said Power on its request, a list of counsel qualified to present the defence. (4) Failing a choice of counsel by the prisoner of war or the Protecting Power, the convening officer may appoint counsel to conduct the defence. (5) Counsel conducting the defence of a prisoner of war shall have at his disposal a period of two weeks at least before the trial begins as well as the necessary facilities to prepare the defence of the accused prisoner of war. He may, in particular, freely visit the accused prisoner of war and interview him in private. He may also confer with any witnesses for the defence including prisoners of war. He shall have the benefit of these facilities until the time has expired within which the prisoner of war whom he is defending may appeal or petition. (6) Particulars of the charge or charges on which the prisoner of war is arraigned as well as the documents which are generally communicated to accused prisoners of war by virtue of these Regulations shall be communicated to the accused prisoner of war in a language which he understands and in good time before the trial begins. The same communication in the same circumstances shall be made to counsel conducting the defence of the prisoner of war. Trial and matters incidental thereto and consequential thereon 27.–(1) A prisoner of war court-martial may be convened by the commandant of a prisoner of war or by an officer superior in command to that commandant: Provided that the court-martial shall not be convened by the commandant unless an officer superior in command to him is not readily available to convene the court-martial. (2) A prisoner of war court-martial shall consist of the president and not less than two other officers of Her Majesty's naval, military or air forces or, if the convening officer is of the opinion that three such officers having suitable qualifications are not available without serious detriment to the public service, shall consist of the president and one other officer. (3) The president of a prisoner of war court-martial shall be an officer of Her Majesty's naval, military or air forces appointed by the convening officer and shall not be under the rank of captain in Her Majesty's military forces or corresponding rank. (4) The members of a prisoner of war court-martial other than the president shall be appointed by order of the convening officer or in such other manner as may be permitted by these Regulations. (5) The convening officer shall not be a member of the court unless he is of the opinion that it is not practicable to appoint another officer as president in which case he may himself be president of the court. (6) When the convening officer appoints two officers only to be members of the court being of the opinion that three officers having suitable qualifications are not available without serious detriment to the public service or appoints himself as president being of the opinion that it is not practicable to appoint another officer as president, the order convening the court shall contain a statement of the said opinion and that statement shall be conclusive. (7) Subject to the provision of this Regulation the following shall have power to confirm the finding and sentence of any prisoner of war court-martial , that is to say:– (a) the convening officer or any officer of Her Majesty's naval, military or air forces superior in command to that officer; (b) the successor of any such officer or superior officer, or any person for the time being exercising the functions of any such officer or superior officer; (c) failing any such officer as aforesaid, any officer of Her Majesty's naval, military or air forces appointed by the Defence Council to act as confirming officer, whether for a particular case or for a specific class of cases. (8) The following shall not have the power to confirm the finding and sentence of a prisoner of war court- martial, that is to say:– (a) any officer who was a member of the prisoner of war court-martial; or (b) any person who as commandant of the accused investigated the allegations against him or who is for the time being the accused's commandant: Provided that a person excluded by the foregoing provisions of this paragraph may act as confirming officer if otherwise having power to do so, where he is of the opinion that it is not practicable, having due regard to the public service, to delay the case for the purpose of referring it to another confirming officer (9) Where a prisoner of war is found guilty by a prisoner of war court-martial held on board ship and is disembarked before the finding or sentence has been confirmed it may be confirmed by any officer of Her Majesty's naval, military, or air forces under, or in the area of, whose command he is for the time being, being an officer who would have power under these Regulations to confirm the court-martial if he had convened it. (10) The provisions of sections 91-102, 107, 109, 110, 112-114, 116-120, 124, 127, 138, 139, 141, 198-200 and 223 of the Act and the provisions of Rules 22, 23, 25-33, 35-71 and 73-106 of the Rules of Procedure shall apply to prisoner of war courts-martial including matters preliminary or incidental thereto or consequential thereon so far as the said sections and Rules are appropriate and not inconsistent with these Regulations and subject to the modifications to the said sections and Rules specified respectively in the Second and Third Appendices to these Regulations as the said sections and Rules apply to field general courts-martial and to matters preliminary or incidental thereto or consequential thereon and as though they were set out in these Regulations. (11) The forms set out in the Fourth Schedule to the said Rules shall not be used but in place of the said forms, other than the form relating to the service record of the accused, there shall be used forms which are as near to the said forms as circumstances permit. Oaths 28.–(1) The oath which is required to be administered under these Regulations shall be administered in the appropriate form and in the manner set out in the Fifth Appendix to these Regulations: Provided that:– (a) if any person desires to swear with uplifted hand in the form and manner in which the oath is administered in Scotland, he shall be permitted to do so; (b) the opening words of the oath may be varied to such words and the oath may be administered in such manner as the person taking the oath declares to be binding on his conscience and in accordance with his religious belief. (2) Subject to the provisions of these Regulations relating to the administering of oaths to the president and members of prisoner of war courts-martial and to judge advocates, every oath shall be administered at a prisoner of war court-martial by the president, a member of the court or the judge advocate. (3) Where a person is permitted to make a solemn affirmation instead of swearing an oath, the affirmation shall be in the appropriate form set out in the First Appendix to these Regulations. (4) The provisions of these Regulations relating to the making of solemn affirmations at prisoner of war courts-martial shall apply to disciplinary proceedings and to the taking of summaries of evidence under these Regulations as they apply to proceedings before a prisoner of war court-martial. Attendance of representative of Protecting Power at trial 29. A representative of the Protecting Power (if any) shall be entitled to attend the trial of a prisoner of war unless it is held in camera in the interests of State security in which case the Protecting Power shall be advised accordingly. Promulgation of finding and sentence and communication relating thereto to protecting Power, etc. 30.–(1) Any finding, sentence, determination or other thing required by these Regulations to be promulgated shall be promulgated : (a) by being communicated to the prisoner of war concerned in a language which he understands; or (b) if the prisoner of war concerned has absented himself before any such matter can be communicated to him, by being published in camp orders. (2) The finding and sentence of 11 prisoner of war court-martial shall be immediately reported to the Protecting Power (if any) in the form of a summary communication which shall also communicate what rights of appeal and petition the prisoner of war has. (3) A copy of the communications referred to in paragraph (2) of this Regulation shall be sent to the prisoners' representative concerned. (4) The decision of the prisoner of war to use or to waive his right of appeal or petition shall be communicated immediately to the Protecting Power (if any). (5) The confirming officer shall, as soon as possible after a prisoner of war court-martial has passed sentence of death and in any other case, as soon as possible after promulgation, address to the Protecting Power (if any) a detailed communication containing:– (a) the precise wording of the finding and sentence; (b) a summarised report of any preliminary investigation and of the trial, emphasising in particular the elements of the prosecution and the defence; and (c) notification, where applicable, of the establishment where the sentence will be served. (6) The communications referred to in paragraph (5) of this Regulation shall be sent to the Protecting Power at the address previously made known by it to Her Majesty's Government. Petitions Petitions 31.–(1) At any time after a prisoner of war court-martial has sentenced the accused prisoner of war, but not later than six months after the date on which the Protecting Power (if any) receives the communication referred to in Regulation 30 (5) or, if there is no Protecting power, the date of promulgation, the accused prisoner of war may present a petition against finding or sentence or both in the same manner as a member of the regular forces sentenced by court-martial would be entitled to present a petition against finding or sentence or both and the provisions of Rule 101 or the Rules of Procedure shall apply to a petition presented by a prisoner of war under this Regulation so far as appropriate and not inconsistent with these Regulations, subject to the modifications specified in the Third Appendix to these Regulations and to paragraph (2) of this Regulation. (2) For the forms set out in the Seventh Schedule to the Rules of Procedure there shall be substituted in the case of petitions under these Regulations, the forms set out in the Seventh Appendix to these Regulations. Execution of sentences Execution of sentences generally 32.–(1) A prisoner of war who is undergoing a disciplinary or judicial punishment shall not be subject to more severe treatment than that applied in respect of an equivalent punishment to a member of the regular forces of equivalent rank or status. (2) A woman prisoner of war shall not be treated more severely whilst undergoing punishment than a woman member of the regular forces could be treated if undergoing punishment for a similar offence. (3) In no case may a woman prisoner of war be treated more severely whilst undergoing punishment than a male member of the regular forces could be treated if undergoing punishment for a similar offence. Execution of death sentences 33.–(1) A sentence of death passed upon a prisoner of war shall not be executed before the expiration of a period of six months from the date when the Protecting Power received at the address which it has given to Her Majesty's Government the communication provided for in Article 107 of the Convention. (2) The provisions of the Execution of Sentences of Death (Army) Regulations, 1956, shall apply to sentences of death passed upon prisoners of war under these Regulations so far as appropriate and not inconsistent with the provisions of the Convention and with these Regulations as if:– (a) the sentence had been passed on a member of the regular forces by a court-martial convened under the Act; and (b) the relevant provisions of the said Execution of Sentence of Death (Army) Regulations, 1956, were set out in these Regulations. Execution of sentences pronounced by prisoner of war court-martial 34.–(1) Sentences pronounced on prisoners of war by prisoner of war courts-martial shall be served in the same or equivalent establishments and under the same conditions as those in which members of the regular forces serve similar sentences passed upon them by courts-martial convened under the Act. (2) The provisions of the Imprisonment and Detention (Army) Rules, 1956, shall apply to the execution of sentences of imprisonment and detention passed by a prisoner of war court-martial so far as appropriate and not inconsistent with the provisions of the Convention and with these Regulations as if:– (a) the said sentences of imprisonment and detention had been passed by courts-martial convened under the Act; and (b) the relevant provisions of the said Imprisonment and Detention (Army) Rules, 1956, were set out in these Regulations. (3) Women prisoners of war sentenced to imprisonment or detention by prisoner of war court-martial shall, while serving their sentences, be confined in separate quarters from males and shall be under the supervision of women. (4) Prisoners of war sentenced to imprisonment or detention by prisoner of war court-martial shall:– (a) retain the benefits of Articles 78 and 126 of the Convention; (b) be entitled to receive and despatch correspondence and to receive at least one relief parcel monthly; (c) be entitled to take regular exercise in the open air; (d) be entitled to have the medical care required by their state of health; and (e) have the spiritual assistance they desire. (5) Collective punishment for individual acts, imprisonment in premises without daylight, corporal punishment and, in general, any form of torture or cruelty are forbidden. Execution of disciplinary punishments 35. The provisions of Regulation 11 (3) shall apply to disciplinary punishments as they apply to confinement while awaiting the commencement of disciplinary proceedings. Adjustment of jurisdictions Adjustment of jurisdictions 36. Prisoners of war shall not be liable:– (a) to be tried by a prisoner of war court-martial where the commandant has dealt with the charge under Regulations 15 and 16 or has dismissed it or where the prisoner of war has been convicted or acquitted of the offence by a civil court; or (b) to be dealt with under Regulations 15 and 16 where he has been convicted or acquitted of the offence either by a civil court or by a prisoner of war court-martial. Miscellaneous provisions relative to the treatment of prisoners of war Wearing of badges of rank 37. No prisoner of war may be deprived of his rank or prevented from wearing his badges of rank. Treatment of prisoners of war who have served sentences 38. Prisoners of war who have served sentences imposed under these Regulations may not be treated differently from other prisoners of war. Treatment of escapees after recapture 39.–(1) When a prisoner of war is recaptured:– (a) he shall be handed over without delay to the military authorities; and (b) the Power on which he depends shall be notified of his recapture in the manner defined in Article 122 of the Convention provided notification of his escape has been made. (2) A prisoner of war who has made an unsuccessful escape may be subject to special surveillance: Provided that such surveillance:– (a) is undergone in a prisoner of war camp; (b) does not affect his state of health adversely; and (c) does not entail the suppression of any of the safeguards granted to him by the Convention. Deductions from pay otherwise than by way of judicial or disciplinary punishments 40.–(1) Without prejudice to the provisions of these Regulations as to the imposition of forfeiture of advances of pay, deductions from pay and fines as punishments, the following provisions shall have effect where after due investigation in accordance with paragraph (5) of this Regulation it appears to the Defence Council or to an officer authorised under paragraph (4) of this Regulation to act for the purposes of this Regulation that any loss of or damage to any property has been occasioned by any wrongful act or negligence of a prisoner of war (hereinafter referred to in this Regulation as "the prisoner responsible"). (2) The Defence Council or authorised officer, as the case may be, may order the prisoner responsible to pay, as or towards compensation for the loss or damage, such sum as may be specified in the order; and any such sum, in so far as not otherwise paid by the prisoner responsible, may be deducted from his pay. (3) No order shall be made under the last foregoing paragraph if, in judicial or disciplinary proceedings under these Regulations the prisoner responsible:– (a) has been acquitted in circumstances involving a finding that he was not guilty of the wrongful act or neglect in question; or (b) has been awarded a deduction from pay as a punishment in respect of the loss or damage; but save as aforesaid, the fact that any such proceedings have been brought in respect of the wrongful act or negligence in question shall not prevent the making of an order or deduction under the last foregoing paragraph. (4) The following officer of Her Majesty's naval, military or air forces may act for the purposes of this Regulation:– (a) any officer not below the rank of brigadier or corresponding rank holding an executive command; (b) any chief of staff or officer in charge of administration not below the rank of major-general or corresponding rank; and (c) any deputy commander not below the rank of brigadier or corresponding rank. (5) (a) Subject to sub-paragraphs (b), (c) and (d) of this paragraph, an investigation for the purposes of this Regulation into the cause of any loss of or damage to any property shall be:– (i) a board of inquiry; or (ii) a regimental inquiry; or (iii) an examination by the Defence Council or the authorised officer of evidence, whether oral or written, relating to the cause of such loss or damage as aforesaid. (b) Where, in the course of an examination of evidence under subparagraph (a) of this paragraph, it appears to the Defence Council or, as the case may be may be, the authorised officer that a prisoner of war may have been responsible fur such loss or damage as aforesaid he shall be given an opportunity of making a statement if he so desires for consideration by the Defence Council or, as the case may be, the authorised officer: Provided that where, in judicial or disciplinary proceedings under these Regulations, the prisoner of war has been convicted in circumstances involving a finding that he was guilty of the wrongful act or negligence which occasioned such loss or damage as aforesaid it shall not be necessary to give him any opportunity of making such statement as aforesaid. (c) Except in so far as they shall be inconsistent with anything contained in these Regulations, the provisions as to the constitution of a board of inquiry and as to the procedure thereof contained in section 135 of the Act and any rules made thereunder for the time being in force, shall apply to a board of inquiry under this Regulation as if the said provisions were set out herein. (d) Except in so far as they shall be inconsistent with anything contained in these Regulations, the provisions as to the constitution of a regimental inquiry and as to the procedure thereof contained in section 137 of the Act and any regulations made thereunder for the time being in force, shall apply to a regimental inquiry under this Regulation as if the said provisions were set out herein. Complaints about conditions of captivity 41.–(1)A prisoner of war shall have the right to make known to the commandant under whose control he is for the time being, his requests regarding the condition of captivity to which he is being subjected and it shall be the duty of the commandant if he does not grant the request to refer the matter without delay to higher authority. (2) A prisoner of war shall have the unrestricted right to apply to the representatives of the Protecting Power, either through his prisoners' representative or, if he considers it necessary, direct, in order to draw attention to any point on which he may have a complaint to make regarding the conditions of his captivity. (3) Requests and complaints made by a prisoner of war under this Regulation shall not be limited and shall not be considered to be part of the correspondence quota referred to in Article 71 of the Convention. (4) Requests and complaints made under this Regulation cannot in any circumstances give rise to any punishment. Interpretation and citation Interpretation 42.–(1) In these Regulations:– "active service" has the meaning assigned to it in the Act; "camp " includes any place for the time being set apart for the internment of prisoners of war; "commandant " means the officer for the time being commanding any camp, prisoner of war labour unit or body of Her Majesty's forces having custody of prisoners of war ; "convening officer" means the officer entitled under these Regulations to convene a prisoner of war court-martial; "counsel" has the meaning assigned to it in the Rules of Procedure; "disciplinary proceedings" means proceedings under Regulations I5 and 16; "disciplinary punishment " means a punishment mentioned in Regulation 10; "Her Majesty's dominions" includes references to any part of the Commonwealth and in particular to any territory under Her Majesty's protection and any territory for the time being administered by Her Majesty's Government in the United Kingdom under the Trusteeship system of the United Nations; "judicial proceedings" means proceedings to which Regulations 25, 26, 27, 28, 29, and 30 apply; "judicial punishment" means a punishment mentioned in Regulation 9; "prisoner of war " means a person belonging to one of the categories of persons mentioned in Article 4 of the Convention: "prisoner of war court-martial" means a court-martial convened under these Regulations ; "prisoners' representative " in relation to a particular prisoner of war at a particular time means the person by whom the functions of prisoners' representative within the meaning of Article 79 of the Convention were exercisable in relation to that person at the camp at which he was at or last before that time detained as a prisoner of war; "regular forces" has the meaning assigned to it in the Act; "Rules of Procedure" means the Rules of Procedure (Army), 1956; "the Act" means the Army Act, 1955, and includes all enactments amending or replacing the same; "the Convention" means the Geneva Convention Relative to the Treatment of Prisoners of War, 1949; and "the Protecting Power" has the same meaning as in the Geneva Convention Act, 1957. (2) In Regulations 6 (7) and 7 (1) the expression "United Kingdom" includes any country or territory to which the provisions of Section 1 of the Geneva Conventions Act, 1957, are for the time being extended by Order in Council under section 8 (2) of that Act. (3) In the application of any section of the Act, or any Rules or Regulations made under the Act, expressions in that section or those Rules or Regulations have the meanings attributable to them therein under the provisions of the Act or of those Rules or Regulations, as the case may be, unless the modifications subject to which provisions of the Act or of those Rules or Regulations are incorporated in these Regulations otherwise require. (4) In these Regulations, where reference is made to Rules or Regulations made under the Act, such reference includes a reference to all Rules or Regulations amending or replacing the same. Citation 43. These Regulations may be cited as the Prisoners of War (Discipline) Regulations, 1958.