CHAPTER 159 DEFENCE ACT 1979-25 This Act came into operation on 15th August, 1979 by Proclamation (S.I. 1979 No. 143). Amended by: 1980-59 1984-47 2006-32 1984-31 1999-21 2007-32 Law Revision Orders The following Law Revision Order or Orders authorized the insertion and removal of pages as the case may be under the Law Revision Act Cap.2 now repealed: 1985 2002 2007 Guide to symbols in historical notes: - indicates an amendment made by an Act / indicates an amendment made by statutory instrument LAWS OF BARBADOS CUMULATIVE EDITION 2008 Printed by the Government Printer, Bay Street, St. Michael, by authority of the Government of Barbados Supplement to Official Gazette No. dated , CHAPTER 159 DEFENCE ACT 1979-25 Arrangement of Sections PART I PRELIMINARY 1. Short title 2. Interpretation 3. Active service 4. Establishment of Barbados Defence Force 5. Duties of Defence Force 6. Formation into units 7. Employment of Defence Force outside Barbados 8. Overseas training PART II BARBADOS DEFENCE BOARD 9. Establishment of Defence Board 10. Membership of Defence Board THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 4 DEFENCE ACT 11. Secretary 12. Performance of functions of Defence Board PART III OFFICERS 13. Commissions 14. Power to grant commission 15. Appointment and transfer of officers 16. Power to make regulations for this Part PART IV ENLISTMENT AND TERMS OF SERVICE IN REGULAR FORCE Enlistment 17. Interpretation 18. Recruiting Officer 19. Enlistment Term and Conditions of Service 20. Term of Enlistment 21. Re-engagement and continuance of service 22. Extension of service THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados DEFENCE ACT 5 Discharge and Transfer to the Reserve 23. Discharge 24. Transfer to the Reserve 25. Postponement of discharge or transfer pending proceedings for offences, etc. 26. Restrictions on reductions in rank of warrant officer and non- commissioned officer 27. Right of warrant officers to discharge on reduction in rank 28. Discharge upon prescribed grounds 29. Right of soldier to purchase discharge 30. Further provisions relating to purchase of discharge or transfer 30A. Service after training course Miscellaneous and Supplementary Provisions 31. Rules for reckoning service 32. Validity of attestation and enlistment 33. False answers in attestation papers PART V DISCIPLINE AND TRIAL AND PUNISHMENT OF MILITARY OFFENCES Treachery, Cowardice and Offences Arising out of Military Service 34. Interpretation THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 6 DEFENCE ACT 35. Aiding the enemy 36. Communicating with the enemy 37. Cowardice 38. Offences against morale 39. Becoming a prisoner of war through disobedience or wilful neglect, and failure to rejoin forces 40. Offences by, or in relation to sentries 41. Looting Mutiny and Insubordination 42. Munity 43. Failure to suppress mutiny 44. Insubordinate behaviour 45. Disobedience to particular orders 46. Obstruction of provost officer 47. Disobedience to standing orders Desertion, absence without leave, etc. 48. Desertion 49. Absence without leave 50. Assisting and concealing desertion and absence without leave THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados DEFENCE ACT 7 51. Failure to perform military duties Malingering and drunkenness 52. Malingering 53. Drunkenness Offences relating to property 54. Public or service property 55. Property of members of Force 56. Other offences relating to property Flying, etc., offences 57. Dangerous flying, etc. 58. Inaccurate certification of aircraft, etc. 59. Low flying and annoyance by flying Offences relating to, and by, persons in custody 60. Irregular arrest and confinement 61. Permitting escape and unlawful release of prisoners 62. Resisting arrest 63. Escape Offences relating to court-martial and civil authorities 64. Offences relating to court-martial THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 8 DEFENCE ACT 65. False statement 66. Obstructing police officer, arresting officer or soldier Miscellaneous Offences 67. Disclosing information 68. False answers on enlistment 69. False documents 70. Scandalous conduct of officer 71. Ill-treatment of officers or men of inferior rank 72. Disgraceful conduct 73. False accusation 74. Attempts to commit military offences 75. Conduct to prejudice of military discipline Civil Offences 76. Civil offences 77. Punishment of officers 78. Punishment of soldier 79. Field punishment 80. Imprisonment where no term specified THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados DEFENCE ACT 9 Arrest 81. Power of arrest 82. Avoidance of delay after arrest Investigation of, and summary dealing with, charges 83. Investigation of charges by commanding officer 84. Charges to be dealt with summarily or by court-martial 85. Further proceedings on charges against non-commissioned officer and soldier 86. Charges against officers and warrant officers 87. Dismissal of charges referred to a higher authority 88. Commanding officer and appropriate superior authority 89. Limitation on powers as to the summary dealing with charges Court-martial: general provisions 90. Trial by, and powers of, ordinary court-martial 91. Trial by, and powers of, field court-martial 92. Officers who may convene courts-martial 93. Constitution of ordinary court-martial 94. Constitution of field court-martial 95. Supplementary provisions THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 10 DEFENCE ACT 96. Place for sitting of court-martial Courts-martial: Provisions relating to trial 97. Challenges by accused 98. Administration of oaths 99. Court-martial to sit in open court 100. Dissolution of court-martial 101. Decision of court-martial 102. Finding and sentence 103. Power to convict of offence other than that charged 104. Rules of evidence 105. Privileges of witnesses and others at court-martial 106. Offences by civilians in relation to court-martial 107. Affirmations Confirmation, revision and review of proceedings of court-martial 108. Confirmation of proceedings of court-martial 109. Petitions against finding or sentence 110. Revision of findings of court-martial 111. Power of confirming authorities THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados DEFENCE ACT 11 112. Confirming authorities 113. Approval of sentence of death by Governor-General 114. Review of findings and sentences of court-martial 115. Reconsideration of sentences Review of Summary Findings and Awards 116. Review of summary findings and awards Findings of insanity, etc. 117. Where accused found insane Commencement, suspension and duration of sentence 118. Commencement of sentence 119. Sentence of imprisonment or detention 120. Restriction on serving of sentence of detention in prison 121. Confinement in civil prison 122. Special provisions respecting sentences outside Barbados 123. Country in which sentence of imprisonment or detention may be served 124. Duty of officers in charge of prisons to receive prisoners Trial of persons ceasing to be subject to military law under this Act 125. Trial and punishment of offences where offender ceases to be subject to this Act THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 12 DEFENCE ACT 126. Limitation of time for trial of offences under this Act Relations between military and civil courts and finality of trials 127. Powers of civil courts 128. Persons not to be tried under this Act for offences already disposed of Inquiries 129. Board of inquiry 130. Inquiries into absence Miscellaneous 131. Restitution or compensation for theft, etc. 132. Appointment of Judge Advocate 133. Promulgation 134. Custody of proceedings of court-martial and right of accused to a copy thereof 135. Indemnity for prison officers, etc. 136. Rules of procedure 137. Imprisonment and detention regulations 138. Board of inquiry rules 139. Regulations THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados DEFENCE ACT 13 PART VI APPEALS FROM COURT-MARTIAL 140. Right of appeal 141. Leave to appeal 142. Determination of appeals in ordinary cases 143. Power of Court of Appeal in certain cases 144. Commencement of sentence 145. Appeal final 146. Proceedings in absence of appellants 147. Appellant may present his case in writing 148. Suspension of sentence of death 149. Person not to be tried twice for same offence 150. Removal of prisoners for purposes of this Part 151. Furnishing on appeal of documents relating to trial 152. Registrar to take steps for determination of appeal 153. Registrar to furnish forms, etc. 154. Saving of powers of reviewing authority 155. Exercise of certain powers of Court of Appeal by a single Judge THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 14 DEFENCE ACT 156. Refusal of application 157. General provisions as to procedure PART VII FORFEITURE AND DEDUCTION 158. Forfeiture and deduction 159. Forfeiture of pay 160. Deduction for payment of civil penalty 161. Compensation for loss caused by wrongful act or negligence 162. Deduction for barrack damage 163. Review of orders and remission of forfeitures and deduction 164. Enforcement of maintenance and affiliation orders 165. Maintenance of wife or child 166. Limit of deduction under sections 164 and 165 and effect on forfeiture 167. Service of process in maintenance proceedings PART VIII GOVERNMENT AND GENERAL PROVISIONS Command 168. Precedence THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados DEFENCE ACT 15 169.