S.L. 220.4 Art. 101Cases not covered by Rules. been handed to to the Malta .................... ................ A G. A.G’s advice Action Date of trial Reasons for Date (2) Summary (number, rank, Taken by (rank, name, ................ states - Question 1 Answer 1 (The A written been read to regard to (insert this witn

In any case not provided for by these Rules such course shall be adopted as appears best calculated to do justice. FIRST SCHEDULE

(Rules 4, 8, 9 and 88) Forms for commanding officers

(1) Delay report.

(2) Summary of evidence.

(3) Abstract of evidence.

(4) Certificate to be attached to abstract of evidence after it has the accused.

(5) Summons to a witness to attend the taking of a summary of evidence.

(1) Delay Report Unit Address:

..................................................................................................................... Tel: ............................................................................................................. To: ......................................... (Convening officer) To: Attorney General.

............ Eight day delay report pursuant Armed Forces Act, article 81(2)

Number, rank, name of accused .............................................................................

Date placed in arrest ..................................... ............... Alleged Offence(s) Date of Alleged Offence(s) ............................................................ ............................................................ The accused is in close arrest. open The reasons for his retention are ......................................................................... The abstract of evidence - { was taken on ....................... summary has not yet been taken because ................................................................. Application for trial { was made on .......................... (has not yet been made because ................................................................ { (was consulted on ....................................... ........................ (has not yet been consulted because .............................

{ (received on .............................................. .......................... (has not yet been received { is being taken { on A.G advice as follows .................

has been taken ........................................................ { has not yet been fixed has been fixed as ........................ ...................

delay since last report ........................................................................

......................................... ........................

........................................................ Officer commanding accused’s unit (To be signed personally by the C.O.)

Summary of Evidence of evidence in the case of ......................................................... name, unit, or other description). the commanding officer of the accused (........................................) unit) on the direction of the commanding officer of the accused). (number, rank, name, unit or other description) having been duly sworn

(Cross-examined by the accused)

................................... ................................... or accused declines to cross-examine this witness)

............................................. (Signature and rank (if any) of witness) or ........................... (number, rank, name, unit, or other description).

statement of this witness’s evidence purporting to be signed by him has the accused and is included in this summary at page ............... Having ...................... . ground for non-attendance of witness - see rule 8(b)) - the attendance of cannot in my opinion be readily procured. accused does not demand the attendance of this witness for cross-examination). (The accused demands the attendance of this witness examination but the witness is not compellable and has refused to attend.)

.............................................. Signature of officer summary The accused having been duly cautioned in accordance with Rule 8(c) reserves his defence or The accused having been duly cautioned in accordance with Rule 8(c) elects (to give evidence on oath) (to make a statement without being to call a witness(es). The accused .............................................. (number, rank, name, description) having been duly sworn states -.............................................. (Signature and accused

....................................................... (number, rank, name, description) having been duly sworn states -

.............................................. (Signature (if any) Certified that Rule of Procedure 8 has been complied with.

This summary of evidence was taken by me at ....................................................... .................. in the presence and hearing of the accused on the .......................... day(s) of ................... .

.............................................. (Signature and taking the summary

(3) Abstract of evidence

Abstract of evidence in the case of .......................................................... rank, name, unit, or other description) consisting of the .............................. the number of statements) attached statements and ..................................... the number or precis) precis of evidence of witnesses for the prosecution compiled by me (the commanding officer of the accused)(............................. direction of the commanding officer of the accused). Date ........................ ..............................

.................................. (Signature Certificate to be attached to abstract of evidence that I ........................................................ on the ................................... ................................... .................... handed to the accused ..................................... a copy of the abstract of evidence relating to him dated the ................................. day of .......................... ............ and duly cautioned him in with Rule of Procedure 9(2) and that (on the ................................... day ........................ ............. he elected to make and sign the statement which is ....................................... and attached to this certificate) (he did not make a

..................................... .................

................................................. (Signature of certifying officer)

Summons to a witness to attend the taking of a summary of evidence ................................................... a charge has been preferred against ....................................................

WHEREAS I have directed a summary of the evidence to be taken at ........................................... on the ............................... day of .........................

PURSUANT TO ARTICLE 107 OF THE MALTA ARMED FORCES RULE 88 OF THE RULES OF PROCEDURE, MADE THEREUNDER SUMMONED and required to attend as a witness for the taking of the said evidence at ..................................... on the ................................ day of ................................. ....................at ................. o’clock in the ......... noon and to the documents hereinafter mentioned, viz: .............................................................................................................................. ..............................................................................................................................

.............................................................................................................................. shall fail at your peril my hand at ..................................on the ............................... day of ................................. ..................... ........................................................ (Signature, rank and unit) Commanding Officer of the accused. SECOND SCHEDULE Amended L.N. (Rules 12 and 13)

Charge-Sheets

(1) Commencement of charge-sheets.

(2) Statements of offences.

(3) Illustrations of charge-sheets.

(1) Commencement of Charge-Sheets Malta Armed Forces Act Article 178 } } { (a) { (a) of the Malta The accused ...................

(b) (b) Act is charged (number, rank, name and unit)

(1) (c) (c) being subject to military law

(d) (d) under article 178(1)

(e) (e)

} a warrant officer { The accused ......................... of the a non-commissioned

(1) (f) (number, rank, name and charged officer unit) a soldier

} { a warrant officer The accused ......................... a non-commissioned of the

(1) (g) number, rank, name and unit) officer of Malta a man } when called out on permanent service { undergoing training employed in Government service in reserve is charged employment of which it is an express condition that while employed therein he is to be subject to military law

} { a warrant officer The accused ......................... a non-commissioned

(1) (h) of the number, rank, name and unit) officer a man when embodied ⎧ ⎫ when called out on special service undergoing training ⎨ ⎬ { drill attending a parade is charged ⎩ ⎭ serving on the permanent staff of the territorial force

(1) (i) The accused ....................................... (name and unit, etc., with which subject to military law under article 178(1)(i) of the Malta Armed Forces with -Article 179 The accused ......................................................................................... (name and brief description) being liable to trail by court-martial under article 179 {(1)} of the Malta Armed Forces Act, {(2)} is charged with

Article 130

The accused ............................(name) formerly ................................... (former military description including the manner in which the accused was formerly subject to military law set out in accordance with the appropriate form in this Schedule) and now liable to trial by court-martial under the provisions of article 130 {(1)} {(2)} of the Malta Armed Forces Act, is charged with -

(2) Statements of offences Malta Armed Forces Act Treachery, cowardice and offences arising out of military service Article 37 } } { (a) (b) Aiding the enemy with intent of the Malta Armed Forces (c) contrary to article 37(1) Act (d)

(e) } { (a) of article 37(1) of the (b) Knowingly and without lawful excuse doing an act Malta Armed Forces Act, (c) specified in paragraph contrary to article 37(2) of (d) the said Act. (e)

} { by the enemy of the force’s capture Negligently causing the aircraft contrary to article 37(3) of destruction the Malta Armed Forces Act

Article 38 } { Communicating with (1) of the } Giving intelligence to the enemy (2) Malta contrary to article Armed 38 Forces Disclosing information contrary to article 38 (3) Act

Article 39 Cowardice before the enemy contrary to article 39(1) of the Malta Armed Forces Act. cowardice before enemy contrary to article 39(2) of the Malta Armed Forces Act.

Article 40 Spreading reports relating to operations calculated to create despondency or unnecessary alarm, 40(a) of the Malta Armed Forces Act. before the enemy using words calculated to create despondency or unnecessary alarm 40 (b) of the Malta Armed Forces Act. Article 41

(1) Being captured through disobediences or wilful neglect contrary to article Armed Forces Act.

(2) { Failure to take } } reasonable capture Preventing a person from taking contrary Discouraging the Malta Act

Article 42 guard duty Sleeping at his post contrary to article { duty controlling when on 42(1)(a) movement

} } guard duty contrary to article Sleeping when on duty controlling 42(1)(b) { movement guard duty Drunkenness when contrary to article duty controlling on 42(1)(c)

(1) movement { Leaving } when { guard duty } contrary his post on duty controlling article Absenting movement 42(1)(d) himself

} { guard duty Striking a person on duty controlling Using force against movement

{

(3) guard duty

Compelling a person { duty } to let a person pass on controlling movement

Article 43

(a) } { }

(b) (a) Looting contrary to article 43 (b) (c) (c)

Mutiny and insubordination Article 44 { with violence } contrary to article 44(1)(a)

(1) (a) Mutiny Armed Forces Act relating to the enemy

{ with violence } contrary to

(1) (b) Incitement to mutiny the Malta Armed relating to the enemy

{ Mutiny }

(2) Incitement to contrary to article 44(2) of the Malta Armed Forces mutiny Article 45 to suppress or prevent mutiny contrary to article 45(a) of the Malta Armed Forces Act. to report mutiny contrary to article 45(b) of the Malta Armed Forces

Article 46 Striking { his superior officer contrary to Using } article 46(1)(a) of the Malta Armed violence to Forces Act Offering

{ threatening } language to his superior officer Using contrary to article 46(1)(b) of the insubordinate Malta Armed Forces Act

Article 47 a lawful command with wilful defiance of authority contrary article 47(1) of the Malta a lawful command contrary to article 47(2) of the Malta Armed Forces Act.

Article 48 provost officer { } person exercising contrary to article 48(a) of the Obstructing a authority under or Malta Armed Forces Act on behalf of a provost officer

} { provost officer person exercising contrary to article 48(b) of the assist a authority under or Malta Armed Forces Act on behalf of a provost officer

Article 49 Disobedience to standing orders contrary to article 49(1) of the Malta Armed Forces Act.

Desertion, absence without leave, etc. Article 50 Desertion contrary to article 50(1)(a) of the Malta Armed Forces Act. Persuading } a person to desert contrary to article 50(1)(b) of the Malta Armed

Procuring Forces Act

Article 51 without leave contrary to article 51(a) of the Malta Armed Forces Act. Persuading } a person to absent himself without leave contrary to article 51(b) of the

Procuring Malta Armed Forces Act Article 52

(a) Assisting a person to desert or absent himself contrary to article 52(a) of Forces Act. { report without delay }{a deserter or absentee } contrary

(b) Failing to take steps to cause the a person attempting to 52(b) Armed apprehension of desert or absent himself

Article 53 { obtain } leave contrary to article Making a false statement to Armed Forces Act prolong

Article 54 Failing to attend for a military duty } contrary to article Leaving a military duty without permission Armed Forces Act

Malingering and drunkenness Article 55

(a) (a) { } { }

(1) (b) (b) Malingering contrary to article 55(1)

(c) (c)

(d) (d)

Article 56

(1) Drunkenness contrary to article 56(1) of the Malta Armed Forces Act

Offences relating to property Article 57 Stealing Fraudulently misapplying { }

Being stealing of public } { {

(1) (a) concerned in the Conniving at fraudulent service misapplication of receives stolen goods

{ } undertakes or } { public } where such assists in the goods

(1) (b) goods were retention fraudulently service disposal or misapplied realisation of

{ Wilfully damaging }{ public } property

(1) (c) article 57( Being concerned in the wilful Malta Armed damage of service { public } property by fire contrary to wilful neglect damaging article 57(1)(d) of the Malta Armed Forces Act service contrary { damage to }{ public }{ } to article aircraft wilful 57(1)(e) of causing aircraft the Malta the loss of service material Armed Forces Act aircraft { } thout lawful authority contrary to article 57(1)(f) of the disposing of public or service Malta Armed Forces Act aircraft material

{ } sequestration by or under a neutral state of the force’s aircraft contrary the authority of to article 57(2) of the Malta Armed Forces Act destruction in

Article 58

property contrary to

Fraudulently misapplying article 58(a) of the { Malta Armed concerned in } stealing of fraudulent } Forces Act the misapplication of Conniving at

} stolen goods where such goods belonged to a person } subject to military law contrary to undertakes or assists in the goods retention, disposal or fraudulently article 58(b) of the Malta Armed Forces Act realisation of misapplied

} damaging property contrary to article 58(c) of the

Malta Armed Forces Act concerned in the wilful damage of

Article 59

}{ } public property contrary to article 59(a) of the

Negligently damaging service Malta Armed Forces Act

{ }{ aircraft losing contrary to article 59(b) of the Malta negligence aircraft damaging Armed Forces Act material { } { aircraft } likely to cause contrary Being guilty an act

(c) damage to or the loss aircraft 59(c) of neglect of material Armed

{ } public property by fire contrary to article

(d) Negligently damaging Malta Armed Forces Act service

{ } Losing his equipment contrary to article (e) Malta Armed Forces Act Negligently damaging

{ } an animal

(f) Neglect of contrary to article 59(f) of the Malta Armed a bird

{ } a decoration contrary to article 59(g granted to him

(g) Making away with Armed Forces Act his equipment

Offences relating to and by persons in custody Article 60 { } an investigation contrary to article 60(1)(a) of

(1) (a) Delaying a trial Forces Act

(1) (b) Failing to release a person in arrest contrary to article 60(1)(b) of the Malta

(2) Failing to report the offence for which a person has been placed in custody 60(2) of the Malta Armed Forces Act.

(3) (a) Failing to give in writing information relating to a person committed to his commander contrary to article 60(3)(a) of the Malta Armed Forces Act.

(3) (b)Failing to hand in a report relating to a person in custody received by him as contrary to article 60(3)(b) of the Malta Armed Forces Act.

Article 61

(1) Wilfully allowing a person to escape contrary to article 61(1) of the Malta Armed

(2) (a)Releasing a person without authority contrary to article 61(2)(a) of the Malta Armed

(2) (b)Allowing the a person to escape contrary to article 61(2)(b) of the Malta Armed

Article 62 Refusing to obey { } Striking an officer who orders

(1) Using } contrary to article 62(1) Armed Forces Act Offering violence to contrary to } { whose duty it is to } apprehend him article 62(2) } of the Malta a person violence to Armed in whose custody he is Forces Act

Article 63 Escaping from custody contrary to article 63 of the Malta Armed Forces Act Offences in relation to courts-martial

Article 64

(a) (a)

(b) (b) } { }

(c) (c) of the Malta Contempt of a court-martial contrary Armed

(d) to article 64(1) (d) Forces Act

(e) (e)

(f) (f)

Article 65 a false statement contrary to article 65(1) of the Malta Armed Forces Act

Miscellaneous Offences Article 66 a false answer on enlistment contrary to article 66 of the Malta Armed Forces Act } } a false service document contrary to article 67(a)

of the Malta Armed Forces Act a false entry in a an entry in } a service document contrary to article 67(b) of the away with Malta Armed Forces Act Suppressing Defacing to make an entry in a service document with intent to defraud contrary to article 67(c) of Forces Act.

making } a false signing making a false entry in a } } {altering a service document contrary to article 67(d) of altering an entry in a the Malta Armed Forces making away with a Act suppressing a defacing a failing to make an entry in a service document with the intent to defraud Article 68

{ } of a member of a civil population Committing an offence against person Malta contrary to article the property Armed Forces Act

Article 69 Scandalous conduct unbecoming the character of an officer and a gentleman contrary Malta Armed Forces Act Article 70 an officer of inferior rank or less {senority } { Striking contrary to article

(a) a warrant officer Ill-treating the Malta Armed a non-commissioned officer another man of the force

{a warrant officer } {

Striking a non-commissioned officer of inferior rank (b) or less senority Ill-treating another man of the force

Article 71 { } a cruel kind contrary to article 71 of the Disgraceful conduct of an indecent Forces Act an unnatural

Article 72

(a) Making a false accusation contrary to article 72(a) of the Malta Armed Forces { } Making a false statement in a complaint contrary to article (b) Wilfully suppressing a material fact Malta Armed Forces Act

Article 73 Attempting to commit a military offence contrary to article 73 of the Malta Armed to say (set out the offence).

Article 74 } An act to the prejudice of good order and military discipline contrary Conduct Malta Armed Forces Act Neglect

Civil Offences Article 75 Committing a civil offence contrary to article 75 of the Malta Armed Forces ........................... (here describe the civil offence in such words as sufficiently describe Illustrations of charge-sheets CHARGE-SHEET

No. 213 Private John Borg, 1st Regiment, Royal Malta Artillery, a soldier of the regular with -

STEALING PUBLIC PROPERTY CONTRARY TO ARTICLE 57(1)(a) OF THE MALTA ARMED FORCES ACT in that he at Mosta on 1st January, 1971 stole a pair of binoculars, public property.

(alternative RECEIVING STOLEN GOODS CONTRARY TO ARTICLE 57(1)(b) OF THE MALTA ARMED FORCES ACT in that he at Mosta on 1st January, 1971 stole a pair of binoculars, public property, knowing or believing the same to be stolen. B.C. VELLA, Lieut.-Colonel Commanding 1st Regiment, Royal Malta Artillery Commanding officer of the accused

Sliema 16th January, 1971 To be tried by District Court-Martial. A D. GRIMA, Colonel Deputy Commander. Valletta 17th January, 1971.

CHARGE SHEET The accused No. 462 Corporal John Bartolo, a non-commissioned officer of the reserve force when called out on permanent service, and No. 632 Private Paul Zarb, a man of the territorial force when embodied, both of the 3rd Regiment. Royal Malta Artillery, are charged with -Both accused jointly

COMMITTING A CIVIL OFFENCE CONTRARY TO ARTICLE 75 OF THE MALTA ARMED FORCES ACT,THAT IS TO SAY WILLFUL DAMAGE TO PROPERTY in that they at Msida on 1st January, 1971 wilfully damaged a car belonging to Joseph Pace. Corporal Bartolo only STRIKING HIS SUPERIOR OFFICER CONTRARY TO ARTICLE 46(1)(a) OF THE MALTA ARMED FORCES ACT in that he when on active service at Sliema on 1st January 1971 struck No. 562 Sergeant V. Galea, 3rd Regiment, Royal Malta Artillery.

Private Zarb only USING INSUBORDINATE LANGUAGE TO HIS SUPERIOR OFFICER CONTRARY TO ARTICLE 46(1)(b) OF THE MALTA ARMED FORCES ACT. in that he when on active service at Sliema on 1st January, 1971 Sergeant V.Galea, 3rd Regiment, Royal Malta Artillery, when for his (the accused’s) particulars "Don’t be nosey" or words A.M. BRIFFA, Lieutenant-colonel. Commanding, Royal Commanding officer Sliema 9th January, 1971. To be tried by Field General Court-Martial P.M. SULTANA, Staff Captain "A", authorised

Valletta 10th January, 1971. THIRD SCHEDULE

(Rule 18) Record of proceedings before an appropriate superior authority NUMBER, RANK AND NAME .................................................................... ................................................... UNIT .............................................................................. Questions to be put to the accused by the officers dealing with the case charge is read.

Have you received a copy of the charge-sheet and (summary)(abstract) evidence not less than 24 hours ago? ............................................................................................................... Have you had sufficient time to prepare your defence? ...............................................................................................................

officer dealing with the case shall the read the charge(s) to the accused the following question -

Have you agreed in writing that the witnesses against you need not give their evidence in person? ...............................................................................................................

accused has agreed in writing that the witnesses against him need not evidence in person the officer dealing with the case shall read the abstract of evidence to the accused if the accused so requires but, if the not so agreed, the witnesses against him shall give their evidence in shall be recorded on a separate sheet and be attached to this record.

the summary or abstract of evidence has been read or the witnesses accused have given their evidence, as the case may be, the officer dealing shall say to the accused: Do you wish to give evidence on oath or to make or hand in a statement without being sworn? Your evidence or statement may deal with the facts of the case, with your character and with matters in mitigation of punishment. ............................................................................................................... Do you wish to adduce any other evidence in your defence? ...............................................................................................................

accused elects to give evidence or to make a statement or to call evidence for the defence including any statement made by the accused be recorded on a separate sheet and attached to this record. The officer the case shall then (i) consider all the evidence and determine whether guilty of the offence or not; and (ii) if he determines that the accused examine and consider the accused’s record of service. If he intends to award of forfeiture of seniority of rank or of forfeiture of a sum from pay or or the finding will involve a forfeiture of pay or, in the case of a intends to award any punishment, he shall not announce and record his the accused says in answer to the following question that he will award.

you accept my award or do you elect to be tried by court-martial? ..................................................................................................................................