Malta Armed Forces Act (Cap. 220)

Inhalt

1. Art. 1 Short title.
2. Art. 2 Interpretation.
3. Art. 2A Extension of applicability to exclusive economic zone area or environment protection area.
4. TITLE I - GENERAL PROVISIONS
5. Art. 3 Power to raise and maintain armed force.
6. Art. 4 Power to make regulations or orders.
7. TITLE II - THE REGULAR FORCE
8. Art. 5 Recruiting officers.
9. Art. 6 Enlistment.
10. Art. 7 Enlistment for general or corps serviceandtransfer between corps.
11. Art. 8 Terms and conditions of service.
12. Art. 9 Postponement in certain cases of discharge or transfer to reserve.
13. Art. 10 Continuation of service in imminent national danger.
14. Art. 11 Discharge.
15. Art. 12 Transfer to the reserve.
16. Art. 13 Postponement of discharge or transfer pending proceedings for offences.
17. Art. 14 Right of recruit to purchase discharge.
18. Art. 15 Rights of warrant officertodischarge on reduction to ranks.
19. Art. 16 Forfeiture of service for desertion and restoration of forfeited service.
20. Art. 17 Validity of attestation and enlistment.
21. Art. 18 False answers in attestation paper.
22. TITLE III - THE TERRITORIAL FORCE
23. Art. 19 Enlistment and attestation.
24. Art. 20 Term and conditions of service.
25. Art. 21 Area of service
26. Art. 22 Subjection to Act until discharge.
27. Art. 23 Discharge.
28. Art. 24 Postponement of discharge during embodiment or special service.
29. Art. 25 Training.
30. Art. 26 Embodiment.
31. Art. 27 Disembodying.
32. Art. 28 Calling out for special service.
33. Art. 29 Minister or Commander may act through officials or subordinates.
34. Art. 30 Additional powers of transfer and posting during embodiment or special service.
35. TITLE IV - THE RESERVE FORCE
36. Art. 31 The reserve force.
37. Art. 32 Calloutofreserves in case of national danger, etc.
38. Art. 33 Call-out notices.
39. Art. 34 Durationofservice of reservists called out on permanent service.
40. Art. 35 End of service under call-out notices.
41. Art. 35A Call Out Notice to the Volunteer Reserve Force.
42. Art. 36 Training of reserve force.
43. PART III
44. Art. 37 Aiding the enemy.
45. Art. 38 Communication withtheenemyand injurious disclosures.
46. Art. 39 Cowardly behaviour.
47. Art. 40 Offences against morale.
48. Art. 41 Becoming prisoner of war through disobedience or wilful neglect; and failure to rejoin force.
49. Art. 42 Offences by or in relation to sentries, etc.
50. Art. 43 Looting.
51. Art. 44 Mutiny.
52. Art. 45 Failure to suppress mutiny.
53. Art. 46 Insubordinate behaviour.
54. Art. 47 Disobedience to particular orders.
55. Art. 48 Obstruction of provost officers.
56. Art. 49 Disobedience to standing orders.
57. Art. 50 Desertion.
58. Art. 51 Absence without leave.
59. Art. 52 Assisting and concealing desertion and absence without leave.
60. Art. 53 Falsely obtaining or prolonging leave.
61. Art. 54 Failure to perform military duty.
62. Art. 55 Malingering.
63. Art. 56 Drunkenness.
64. Art. 57 Offences in relation to public and service property.
65. Art. 58 Offences in relationtoproperty of members of force.
66. Art. 59 Miscellaneous offencesrelating property.
67. Art. 60 Irregular arrest and confinement.
68. Art. 61 Permitting escape, and unlawful release of prisoners.
69. Art. 62 Resistance to arrest.
70. Art. 63 Escape from confinement.
71. Art. 64 Offences in relation to courts- martial.
72. Art. 65 False evidence.
73. Art. 66 Making of false statements on enlistment.
74. Art. 67 Making of false documents.
75. Art. 68 Offences against civilian population.
76. Art. 69 Scandalous conduct of officer.
77. Art. 70 Ill-treatment of officers or men of inferior rank.
78. Art. 71 Disgraceful conduct.
79. Art. 72 False accusation, etc.
80. Art. 73 Attempts to commit military offences.
81. Art. 74 Conduct to prejudice of military discipline.
82. Art. 75 Civil offences.
83. PART IV
84. Art. 76 Punishment of officers.
85. Art. 77 Punishment of other ranks.
86. Art. 78 Field punishment.
87. Art. 79 Fines.
88. Art. 80 Power to arrest offenders.
89. Art. 81 Provision for avoiding delay after arrest.
90. Art. 82 Investigation of charges by commanding officer.
91. Art. 83 Charges to be dealt with summarily or by court-martial.
92. Art. 84 Further proceedings on charges against N.C.Os. and soldiers.
93. Art. 85 Further proceedings on charges against officer and warrant officers.
94. Art. 86 Dismissal of charges referred to higher authority.
95. Art. 87 Confession of desertion by man of the force.
96. Art. 88 Officers who are actascommanding officers and appropriate superior authorities.
97. Art. 89 Limitation of powers of summary dealing with charges.
98. Art. 90 Trial to be by general or district court-martial, or in certain cases by field general court- martial.
99. Art. 91 Powers of different descriptions of court-martial.
100. Art. 92 Officers having power to convene courts-martial.
101. Art. 93 Constitution of general courts- martial.
102. Art. 94 Constitution of district courts- martial.
103. Art. 95 Constitution of field general courts-martial.
104. Art. 96 Supplementary provisions as to constitution of courts-martial.
105. Art. 97 Place for sitting of courts martial.
106. Art. 98 Challenges by accused.
107. Art. 99 Administration of oaths.
108. Art. 100 Courts-martial to sit in open court.
109. Art. 101 Dissolution of courts-martial.
110. Art. 102 Decisions of courts-martial.
111. Art. 103 Finding and sentence.
112. Art. 104 Powertoconvictof offence other than that charged.
113. Art. 105 Rules of evidence. Cap. 9.
114. Art. 106 Offences by civiliansinrelation to courts-martial.
115. Art. 107 Rules of Procedure.
116. Art. 108 Confirmation of proceedings of courts-martial.
117. Art. 109 Petitions against finding or sentence.
118. Art. 110 Revision of findings of courts- martial.
119. Art. 111 Powers of confirming officers.
120. Art. 112 Confirming officers.
121. Art. 113 Recommendation bycourt-martialon passingofsentence of imprisonment for life.
122. Art. 114 Review of findings and sentences of courts-martial.
123. Art. 115 Reconsideration of sentences of imprisonment and detention.
124. Art. 116 Court of Criminal Appeal to be appeal court.
125. Art. 117 Right of appeal.
126. Art. 118 Manner and time of lodging appeal.
127. Art. 119 Proceedings of the court-martial.
128. Art. 120 Appeal from finding of insanity and unfitness to stand trial.
129. Art. 121 Review of summary findings and awards.
130. Art. 122 Provisions where accused found insane.
131. Art. 123 Functions of Attorney General in relation to courts-martial.
132. Art. 124 Commencement of sentences.
133. Art. 125 Duration of sentence of imprisonment and detention.
134. Art. 126 Suspension of sentences.
135. Art. 128 Imprisonment and detention rules.
136. Art. 129 Arrangements for serving of sentences outside Malta.
137. Art. 130 Trial and punishment of offences under military law notwithstanding offender ceasing to be subject to military law.
138. Art. 131 Limitation of time for trial of offences under military law.
139. Art. 132 Jurisdictionofcivil courts.
140. Art. 133 Persons not to be tried under this Act for offences already disposed of.
141. Art. 134 Boards of Inquiry.
142. Art. 135 Inquiries into absence.
143. Art. 136 Regimental inquiries.
144. Art. 137 Appointment of judge advocates.
145. Art. 138 Promulgation.
146. Art. 139 Custody of proceedings of courts-martial and right of accused to a copy thereof.
147. Art. 140 Indemnity for prison officers, etc.
148. Art. 141 Additional regulations.
149. Art. 142 Restitution or compensation for theft, etc.
150. PART V
151. Art. 143 General provisions.
152. Art. 144 Forfeiture of pay for absence from duty.
153. Art. 145 Deductions for payment of civil penalties.
154. Art. 146 Compensation for loss occasioned by wrongful act or negligence.
155. Art. 147 Deductions for barrack damage.
156. Art. 148 Remission of forfeitures and deductions.
157. Art. 149 Enforcement of maintenance and affiliation orders by deduction from pay. Cap. 12.
158. Art. 150 Deductions from pay for maintenance of wife or child.
159. Art. 151 Limit of deductions under foregoing articles and effect on forfeiture.
160. PART VI
161. Art. 152 Regulations as to use of land and sea areas for ranges and like purposes.
162. Art. 153 Right of compensation.
163. Art. 154 Notice of training.
164. Art. 155 Right of members of force to use land.
165. Art. 156 Compensation for, and making good, damage.
166. Art. 157 Prohibition of obstruction.
167. Art. 158 Regulations in respect of training of force.
168. Art. 159 Trespass to constitute contravention.
169. PART VII
170. Art. 160 Complaints by officers.
171. Art. 161 Complaintsbymen of the force.
172. Art. 162 Arrest of deserters and absentees without leave.
173. Art. 163 Proceedingsbefore civil court where persons suspected of illegal absence.
174. Art. 164 Deserters or absentees without leave surrendering to Police.
175. Art. 165 Certificates of arrest or surrender of deserters and absentees.
176. Art. 166 Punishment for pretending to be a deserter.
177. Art. 167 Punishment for procuring and assisting desertion.
178. Art. 168 Punishment for obstructing membersofregular force in execution of duty.
179. Art. 169 Punishment for aiding malingering.
180. Art. 170 Wrongful sale, etc. of public property.
181. Art. 171 Unlawful purchase, etc., of military stores.
182. Art. 172 General provisions as to evidence.
183. Art. 173 Proof of outcome of civil trial.
184. Art. 174 Evidence of proceedings of court-martial.
185. Art. 175 Restrictions on reduction in rank of warrant officers and N.C.Os.
186. Art. 176 Temporary reception in civil custody of persons under escort.
187. Art. 177 Power of certain officers to take affidavits and declarations.
188. PART VIII
189. Art. 178 Persons subject to military law: general provision.
190. Art. 179 Application of Act to civilians.
191. Art. 180 Application of certain parts of Act to reserve and territorial force.
192. Art. 181 Jurisdiction.
193. Art. 182 Execution of orders, instruments, etc.
194. Art. 183 Provisions as to active service.
195. Art. 184 Trade union membership.
196. Art. 185 Prohibition of industrial action.
197. Art. 186 Savings.