Cap. 220 ст. 179Application of Act to civilians.

(1) Subject to the modifications hereinafter specified, where any body of the regular forces is on active service, Parts III

and IV of this Act shall apply to any person who is employed in the service of that body of the force or any part or member thereof, or accompanies the said body or any part thereof, and is not subject to military law apart from this article, as the said Parts III and IV apply to persons subject to military law.

(2) Subject to the modifications hereinafter specified, Parts III and IV of this Act shall at all times apply to a person of such description as may be prescribed by order made under article 4 who is within the limits of the command of any officer commanding a body of the regular force outside Malta, and is not subject to military law apart from this article, as the said Parts III and IV apply to persons subject to military law:

Provided that none of the provisions contained in articles 37 to 74 shall apply to a person by virtue only of this sub-article except article 42(3), articles 48 and 49, articles 62 to 65, and article 73 so far as it relates to that sub-article and those articles.

(3) The said modifications are the following:

(a) the punishments that may be awarded by a court-martial shall not include any punishment less than imprisonment except a fine;

(b) the punishment which may be awarded where a charge is dealt with summarily shall, in the case of any offence, be a fine not exceeding fifty-eight euro and twenty-three cents (58.23), but no other punishment;

(c) the following provision shall have effect in substitution for article 80(2) to (4), that is to say that a person may be arrested by a provost officer, by any warrant officer or non-commissioned officer legally exercising authority under a provost officer or on his behalf, or by order of any officer of the regular force;

(d) where a charge is being dealt with summarily and it has been determined that the accused is guilty, a finding shall not be recorded until the accused has been afforded an opportunity of electing to be tried by court-martial, and if the accused so elects a finding shall not be recorded but such steps shall be taken with a view to the charge being tried by court-martial as may be prescribed by the Rules of Procedure;

(e) the provisions of this Act relating to the investigation of, and summary dealing with, offences shall, save as otherwise expressly provided, apply as they apply to officers and warrant officers;

(f) for references in articles 130 and 131 to being, continuing, or ceasing to be subject to military law there shall be substituted references to being, continuing to be or ceasing to be in such circumstances that the said Parts III and IV apply, and article 130(3) shall not apply.

(4) Any fine awarded by virtue of this article, whether by a court-martial or the appropriate superior authority, shall be recoverable in Malta as a civil debt due to the Government.