An Act to provide, during twelve months, for the Discipline and Regulation of the Army. [29th April 1893.] WHEREAS the raising or keeping of a standing army within the United Kingdom of Great Britain and Ireland in time of peace, unless it be with the consent of Parliament, is against law:

And whereas it is adjudged necessary by Her Majesty and this present Parliament, that a body of forces should be continued for the safety of the United Kingdom and the defence of the possessions of Her Majesty's Crown, and that the whole number of such forces should consist of one hundred and fiftyfour thousand four hundred and forty-two men, including those to be employed at the depôts in the United Kingdom of Great Britain and Ireland for the training of recruits for service at home and abroad, but exclusive of the numbers actually serving within Her Majesty's Indian possessions:

And whereas it is also judged necessary for the safety of the United Kingdom, and the

defence of the possessions of this realm, that ployed in Her Majesty's fleet and naval service, a body of Royal Marine forces should be emunder the direction of the Lord High Admiral of the United Kingdom, or the Commissioners for executing the office of Lord High Admiral aforesaid:

And whereas the said marine forces may frequently be quartered or be on shore, or sent to do duty or be on board transport ships or vessels, merchant ships or vessels, or other ships or vessels, or they may be under other circumstances in which they will not be sub. ject to the laws relating to the government of Her Majesty's forces by sea:

And whereas no man can be forejudged of life or limb, or subjected in time of peace to any kind of punishment within this realm by martial law, or in any other manner than by the judgment of his peers and according to the known and established laws of this realm; yet nevertheless it being requisite, for the retaining all the before-mentioned forces, and other persons subject to military law, in their duty, that an exact discipline be observed,

A.D. 1893. and that persons belonging to the said forces who mutiny or stir up sedition, or desert Her Majesty's service, or are guilty of crimes and offences to the prejudice of good order and military discipline, be brought to a more exemplary and speedy punishment than the usual forms of the law will allow :

And whereas the Army Act will expire in the year one thousand eight hundred and ninety-three on the following days:

(a.) In the United Kingdom, the Channel Islands, and the Isle of Man, on the thirtieth day of April; and

(b.) Elsewhere in Europe, inclusive of Malta, also in the West Indies and America, on the thirty-first day of July; aud (c.) Elsewhere, whether within or without Her Majesty's dominions, on the thirtyfirst day of December:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. This Act may be cited as the Army (Annual) Act, 1893.

2.-(1.) The Army Act shall be and remain in force during the periods herein-after mentioned, and no longer, unless otherwise provided by Parliament; that is to say,

(a.) Within the United Kingdom, the Chan

nel Islands, and the Isle of Man, from the thirtieth day of April one thousand eight hundred and ninety-three to the thirtieth day of April one thousand eight hundred and ninety-four, both inclusive; and

(b.) Elsewhere in Europe, inclusive of Malta, also in the West Indies and America, from the thirty-first day of July one thousand eight hundred and ninety-three to the thirty-first day of July one thousand eight hundred and ninety-four, both inclusive; and

(c.) Elsewhere, whether within or without Her Majesty's dominions, from the thirtyfirst day of December one thousand eight hundred and ninety-three to the thirtyfirst day of December one thousand eight hundred and ninety-four, both inclusive; and the day from which the Army Act is continued in any place by this Act is in relation to that place referred to in this Act as the commencement of this Act.

(2.) The Army Act, while in force, shall apply to persons subject to military law, whether within or without Her Majesty's dominions.

of 44 & 45

trial bre

7. Whereas it is expedient to extend the Amendmed maximum period of imprisonment capable of Vict. c. 5. being awarded where a case is dealt with sum- s. 46 as to marily under section forty-six of the Army summary Act, and at the same time to give a soldier the mandis right in certain cases to be tried by a district officer. court-martial, instead of submitting to the jurisdiction of his commanding officer; be it therefore enacted that

(1.) In sub-section two of the said section for the word "seven" shall be substituted the word "fourteen."

(2.) In sub-section three of the said section, after the word "court-martial," shall be added the words "or the right of the soldier "to be tried by a district court-martial."

D. 1893.

mendment

44 & 45 ct. e. 58. 48 as to nstitution district

urtsartial.

bolition of mmary urts

(3.) For sub-section eight of the said section shall be substituted the following sabsection :

"(8.) Where a commanding officer has power to deal with a case summarily under this section, and, after hearing the evidence, considers that he may so deal with the case, he shall, unless he awards one of the minor punish. ments referred to in this section, ask the soldier charged whether he desires to be dealt with summarily or to be tried by a district court-martial, and if the soldier elects to be tried by a district court-martial the commanding officer shall take steps for bringing him to trial by a district court-martial, but otherwise shall proceed to deal with the case summarily."

8. Whereas it is expedient to provide that a district court-martial may in any case consist of three members; be it therefore enacted that

In sub-section four of section forty-eight of the Army Act the words "in the United "Kingdom, India, Malta, and Gibraltar, "of not less than five, and elsewhere shall be omitted.

9. Whereas it is expedient to simplify the provisions of the Army Act relating to courtsartial, and martial by abolishing summary courts-martial, neudment and enabling field general courts-martial to to field exercise the powers of summary courts-martial; eneral be it therefore enacted that

provisions

(5.) At the end of the same sub-section, after the word " captain," shall be added the following paragraph:

(d.) Where a field general courtmartial consists of less than three officers, the sentence shall not exceed such summary punishment as is allowed by this Act, or imprisonment.' (6.) At the end of sub-section one of section fifty-four of the Army Act there shall be added, as part of the paragraph marked (d.), after the words "officer forms part," the words "or where the offence was com"mitted on active service, any such officer as may under the rules made in pursuance of this Act be authorised to con"firm the findings and sentences of the "field general court-martial awarding the

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sentence: Provided that a sentence of "death or penal servitude awarded by a "field general court-martial shall not be "carried into effect unless or until it has "been confirmed by the general or field "officer commanding the force with which "the prisoner is present at the date of "his sentence."

(7.) At the end of sub-section four of the said section fifty-four shall be added the following proviso: :

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Provided that where a member of a field general court-martial trying a prisoner would but for his being a member of the court have power to confirm the finding and sentence of the court, and is of opinion that it is not practicable, having due regard to the public service, to delay the case for the purpose of referring it to any other officer, he may confirm the finding and

sentence."

(8.) Section fifty-five of the Army Act is hereby repealed.

Vict. c. 58.

10. Whereas it is expedient to express more Amendment clearly the provisions of section one hundred of 44 & 45 and eighty-two of the Army Act: be it there- s. 182 as to fore enacted thatspecial provisions as For sub-section two of the said section, to warrant being the paragraph beginning with the officers. words " (2.) Without taking away" and ending with the words "or to the ranks"