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Cap. 220 · Malta Armed Forces Act (Cap. 220)

Cap. 220 чл. 77Punishment of other ranks.

PART IV

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(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 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 officer or non-commissioned officer, severe reprimand or 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.

История на изменения
  • Amended by X.2000.4