ARMED FORCES REGULATIONS

(Discipline)

____________

VOLUME II
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A.F.R. Table of contents
TABLE OF CONTENTS
VOLUME II
CHAPTER TITLE ARTICLES
101 General Provisions Respecting the Code of Service Discipline 101.01-101.99

102 Disciplinary Jurisdiction

Section 1—Jurisdiction—Persons .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 102.01-102.16
Section 2—Jurisdiction—Barred … .. .. .. .. .. … .. .. .. .. .. 102.17-102.19
Section 3—Jurisdiction—Place .. … .. .. .. .. .. … .. .. .. .. .. 102.20-102.21
Section 4—Jurisdiction—Time .. … .. .. .. .. .. … .. .. .. .. .. 102.22
Section 5—Jurisdiction—Certain Offences .. .. .. .. … .. .. .. .. .. .. 102.23
Section 6—Jurisdiction—Civil Courts .. .. .. .. .. .. .... .. .. .. .. .. .. .. 102.24-102.99

103 Service Offences

Section 1—General Principles Concerning Responsibility
for Offenders .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. 103.01-103.04
Section 2—Service Offences .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 103.05-103.99

104 Punishments and Sentences

Section 1—Explanation .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .. .. 104.01
Section 2—Punishments .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. 104.02-104.13
Section 3—Sentences .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .. .. 104.14-104.99

105 Custody Before Conviction

Section 1—Explanation .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .. 105.01-105.02
Section 2—Placing under Arrest .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. … 105.03-105.12
Section 3—Close Custody .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. ... 105.13-105.29
Section 4—Open Custody .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 105.30-105.32
Section 5—Special Provisions .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 105.33-105.99

106 Preparation of Charge Forms

Section 1—Explanation .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. 106.01-106.03
Section 2—Preparation of Charge Reports .. .. .. .. .. .. .. .. .. .. .... .. 106.04-106.09
Section 3—Preparation of Charge Sheets .. .. .. 106.10-106.99

107 Investigation and Preliminary Disposition of Charges .. .. 107.01-107.99

108 Summary Trials by Commanding Officers

Section 1—Introductory .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. 108.01-108.09
Section 2—Trial by Delegated Officer .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. … 108.10-108.24
Section 3—Trial by Commanding Officer .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. 108.25-108.37
Section 4—Approval of Punishments .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. 108.38-108.45
Section 5—Rules Respecting Minor Punishments .. .. .. .. .. .. .. .. .. 108.46-108.99

109 Application for Disposal of Charges by Higher Authority .. .. .. .. .. 109.01-109.99

110 Summary Trials by Superior Commanders .. .. .. .. .. .. .. .. .. .. .. 110.01-110.99

111 Convening and Powers of Courts Martial
Section 1—Application of Chapter .. .. .. .. .. .. .. .. .. .. .. .. .. .. 111.01-111.04

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Table of contents A.F.R.

CHAPTER TITLE ARTICLES

Section 2—Convening of Court Martial .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. 111.05-111.15
Section 3—General Court Martial.. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. 111.16-111.34
Section 4—Disciplinary Court Martial .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. . 111.35-111.49
Section 5—Forwarding of Documents .. .. .. .. .. .. .. .. .. .. .. .. .. .. 111.50-111.59
Section 6—Preparation for Trial .. .. .. .. .. .. .. .. .. .. .. .. .. … .. ... 111.60-111.99

112 Trial Procedure at General and Disciplinary Court Martial

Section 1—Introductory .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. 112.01-112.04
Section 2—Order of Procedure .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. 112.05-112.09
Section 3—Admission to Court Martial .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. 112.10-112.13
Section 4—Objection by Accused and Oaths to be Administered .. .. .. 112.14-112.23
Section 5—Plea in Bar of Trial and Pleas to Charge .. .. .. .. … .. .. ... 112.24-112.27
Section 6—Opening Addresses and Evidence of Witnesses .. .. … .. .. 112.28-112.39
Section 7—Findings .. .. .. .. .. … .. .. .. .. .. .. .. … .. .. .. ... 112.40-112.46
Section 8—Procedure After Finding of Guilty .. .. .. .. ... .. .. .. .. 112.47-112.53
Section 9—Responsibility of Court, Judge Advocate, Prosecutor
and Accused .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .. 112.54-112.58
Section 10—Procedure Generally .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. …. 112.59-112.67
Section 11—Rules of Evidence .. .. .. .. … .. .. .. .. .. .. .. .. .. .. 112.68-112.79
Section 12—Staying of Proceedings .. .. .. .. .. .. .. .. .. .. .. .. .. .. 112.80-112.99

113 Not Allocated

114 Provisions Applicable to Findings and Sentences After Trial

Section 1—Introductory .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 114.01-114.04
Section 2—Commencement of Punishment .. .. .. .. .. .. .. .. .. .. .. . 114.05-114.14
Section 3—Findings .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 114.15-114.24
Section 4—Alteration of Punishments .. .. .. .. .. .. .. .. .. .. .. .. .. .. 114.25-114.29
Section 5—General Provisions Respecting New Punishments .. .. .. .. 114.30-114.34
Section 6—Suspension of Imprisonment or Detention .. .. .. .. .. .. .. .. 114.35-114.39
Section 7—General Provisions Respecting Incarceration .. .. .. .. .. .. . 114.40-114.54
Section 8—Commanding Officers .. .. .. .. .. .. .. .. … .. .. .. .. .. .. .. 114.55-114.99

115 Appeals from Courts Martial.. .. .. .. .. .. .. .. … .. .. .. .. .. .. .. .. .. 115.01-115.99

116 Not Allocated
117 New Trials . .. .. .. .. .. .. .. .. .. .. .. .. .. … … .. .. .. .. .. .. .. .. 117.01-11799

118
119 Not Allocated

APPENDIX TITLE PAGE

I Rules of Evidence .. .. .. .. .. .. .. … .. .. .. .. .. .. .. .. .. 238
II Armed Forces (Courts-Martial Appeal Court ) Rules, 1969 (L.I. 622). 244
III Armed Forces Act, 1962 (Act 105) 267
IV Armed Forces (Amendment) Law, 1983 P.N.D.C.L. 63 63

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CHAPTER 101

GENERAL PROVISIONS RESPECTING THE CODE OF SERVICE

DISCIPLINE

101.01—MEANING OF “COMMANDING OFFICER”

(1) For the purpose of proceedings under the Code of Service Discipline
“commanding officer” includes:—
(a) a detachment commander; and
(b) in relation to an accused person,
(i) the commanding officer of the station, unit or ship to which the
accused belongs or, except in the case of a detention barrack, the
commanding officer of the station unit or ship in which the
accused is present when any proceedings in respect of him are
taken under the Code of Service Discipline, and
(ii) who is a commanding officer, the next superior officer to whom he
is responsible in matters of discipline, or such other officer as the
respective Service commander may designate.
(2) The powers of punishment of a detachment commander shall be subject to such
limitations as may be imposed by his commanding officer.

NOTES

A “detachment commander” is the senior officer in charge of a part a unit separated from
the remainder of the unit and operating under conditions under which the commanding
officer of the unit cannot effectively exercise his disciplinary powers as commanding
officer over the part so separated. Where a detachment is specially formed to operate
under these circumstances, the commanding officer should normally appoint the senior
officer in charge to be detachment commander and in that case the appointment should be
in writing and may contain any limitation of powers of punishment imposed by the
commanding officer.

Where, however, the situation arises otherwise than by arrangement, the existence of the
detachment and therefore the powers of a detachment commander follow from the factual
situation. In both these cases however the detachment must be geographically so
separated from the remainder of the unit under conditions that the commanding officer of
the unit cannot effectively exercise his disciplinary power before the detachment
commander becomes a commanding officer under this provisions.

101.02—MEANING OF “DISMISSED”
For the of purposes of proceedings under Code of Service Discipline, “dismissed” refers
to a formal decision by a competent authority that a charge should not be further
proceeded with. A charge may be dismissed at any time before a finding of not guilty or
guilty has been made.

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Art. 101.02 A.F.R.

101.02—MEANING OF “DISMISSED”—contd.

NOTES
(a) A court martial has no power to dismiss charges.
(b) A dismissal of a charge operates under section 81 of the Armed Forces
Act, 1962 as a plea in bar of trial.
(See article 102.17—“Previous Acquittal or Conviction.”)

101.03—HOW RANKS SHALL BE CONSTRUED

For the purposes of proceedings under the Code of Service Discipline every reference the
rank of an officer or man means the highest rank he holds, whether substantive,
temporary or acting, exclusive of honorary rank.

101.04—EFFECT OF NOTES
The notes appended to articles in AFR are for the guidance of officers and men. They
shall not be construed as if they have the force and effect of law, but they should not be
deviated from without good reason.
NOTES
The notes are based upon decisions of the civil courts, principles stated in legal textbooks
and opinions of legal authorities.

101.05—RESTITUTION OF PROPERTY AND RETURN OF EXHIBITS

(1) Where a person is convicted of an offence under the Code of Service Discipline,
the service tribunal shall order that any property obtained by the commission of the
offence shall be restored to the person apparently entitled to it, if at the time of the trial
the property is before the service tribunal or has been detained, so that it can be
immediately restored to that person under the order.
(2) Where an accused is tried for an offence but is not convicted, and it appears to the
service tribunal that an offence has been committed, the service tribunal may order that
any property obtained by the commission of the offence shall be restored to the person
apparently entitled to it, if at the time of the trial the property is before the service
tribunal or has been detained, so that it can be immediately restored to that person under
the order.
(3) An order shall not be made under this article in respect of:
(a) property to which an innocent purchaser for value has acquired lawful
title,
(b) a valuable security that has been paid for or discharged in good faith by a
person who was liable to pay for or discharge it, or
(c) a negotiable instrument that has, in good faith, been taken or received by
transfer delivery for valuable consideration by a person who had no notice
and no reasonable cause to suspect that an offence had been committed.

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A.F.R. Art. 101.09

101.05—RESTITUTION OF PROPERTY AND RETURN OF EXHIBITS—contd.

(4) An order made under this article shall be executed by the persons by whom the
process of the service tribunal is ordinarily executed.

(5) Any exhibit submitted to a service tribunal which has not been restored under (1)
of this article to the apparently entitled to it, may, if the Judge Advocate-General
approves, be returned to the person apparently entitled to it.

101.06—EFFECT OF IRREGULARITIES IN PROCEDURE

(1) A finding made or a sentence passed by a service tribunal shall not be invalid by
reason only of deviation from the procedure prescribed in AFR unless it appears that
injustice has been done to the accused person by such deviation.
(2) Nothing in paragraph (1) shall be construed as relieving an officer or man of the
consequences of contravention of the provisions of AFR.

NOTES

(a) Paragraph (1) is intended to prevent the ends of justice being defeated in
consequence Of Defects, usually of a technical nature, in matters of
procedure which do not affect the merits of the case.
(b) For the effect of deviation from forms, see article 1.12.

101.07—INTERPRETATION OF CHARGES
In the construction of a charge sheet, charge report or charge there shall be presumed in
favor of supporting it very proposition which may reasonably be presumed to be
impliedly included, though not expressed in the charge sheet, charge report or charge.
The statement of the offence and the Particulars of the offence shall be read and
construed together.

101.08—CASES NOT PROVIDED FOR IN AFR

When, in any proceedings under the Code of Service Discipline, a situation arises that is
not provided for in AFR or in orders or instructions issued to the Armed Forces by the
Chief of Defense Staff, the course that seems best calculated to do justice shall be
followed.

101.09—JOINT TRIALS
(1) Except as provided in (2) of this article, accused persons shall both be tried
together by court martial.
(2) The Chief of Defence Staff or an officer appointed by him for that purpose, may
order that any number of accused persons be charge jointly and tried together by court
martial for an offence alleged to have been committed by them collectively.

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Art.101.09 A.F.R.

101.09—JOINT TRIALS—contd.
(3) When, in pursuance of an order made under (2) of the article, a court-martial is
convened to try persons charged jointly, an accused person may apply to the authority
who convened the court martial to be tried separately, on the ground that the evidence of
one or more of the accused persons whom it is proposed to try with him will be material
to his defence. If the authority to whom application is made is satisfied that the
application is well founded he shall convene a separate court martial for the trial of the
applicant.

NOTES
(a) The many and serious complications involved in trial of persons charged
jointly make it undesirable that more one person at a time be tried by a
single court martial. Application for the joint trial of two or more persons
by a court martial should only be made when special circumstances
indicate that this may be the proper course to follow.
(b) The provisions of this article apply only to courts martial but commanding
officers should not, without special reasons for so doing, try two or more
persons together.

101.10—LOSS OF RECORD OF PROCEEDINGS OF COURT MARTIAL

If, at anytime the original record of the proceedings of a court martial or any part of
original record of proceedings is lost, a valid and sufficient record of the trial for all
purposes may be made:
(a) by the signature of the president or of the judge advocate at the trial being
affixed to a copy of the record of proceedings, or
(b) if there is no copy of the record of proceedings, by the president or judge
advocate stating in writing the substance of the charge, finding, sentence,
and transactions of court, the statement being authenticated by the
signatures of the members of the court.

101.11—REPROOF (ARMY AND AIR FORCE)

(1) A reproof may be given to an officer or warrant officer by:
(a) the Chief of Defence Staff;
(b) a service Commander;
(c) a superior commander;
(d) a commanding officer; and
(e) such other service authorities as the Chief of Defence Staff may prescribe
or appoint for purpose.
(2) A reproof shall be reserved for conduct which although reprehensible is not of
sufficiently serious nature in the opinion of the officer administering a reproof to warrant
being made the subject of a charge and brought to trial. A reproof is not a punishment
and shall not be referred to as such.
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A.F.R. Art.101.12

101.11—REPROOF (ARMY AND AIR FORCE)—contd.

(3) A reproof shall not be entered on a conduct sheet but a record of it shall be made
and maintained among the service records of the officer or warrant officer concerned for
a period of twelve months from the date of the reproof. Immediately upon the expiry of
the twelve-month period the record of the proof shall be destroyed.
(4) Conduct for which a reproof has been administered should not subsequently form
the subject of charge.

101.12—LOGGING CONDUCT OF OFFICERS (NAVY)

(1) Logging is a record of conduct of an officer which in the opinion of the Captain,
while it is not sufficiently reprehensible to warrant trial by court martial, or, in the case of
officers below the ranks of lieutenants-commander, summary trial by superior
commander, should be recorded (to permit it being taken into account if the officer is
subsequently convicted for another offence committed in the same ship or fleet
establishment).

(2) When the Captain decides to log the conduct of an officer he shall:
(a) have a statement of the facts prepared on the day of logging;
(b) arrange to have the officer read the statement and sign it;
(c) cause the statement to be entered in the Ship’s Log when the book is
closed for the month and out of general use;
(d) arrange for the officer to sign the entry in the ship’s log as soon as it is
made.
(e) certify the statement to be a true copy of the entry of the ship’s log; and
(f) retained the certified copy for use at any subsequent conviction as
prescribed in (1) of this article.

(3) In shore establishment where the Ship’s Log is not carried, sub-paragraphs (c),
(d), and (e) or paragraph (2) do not apply.

(4) If the Captain decide that a permanent record should be made, he shall send a
report of the logging to the Senior officer in chief Command (through the Senior officer
in command when applicable) for the decision as to whether it shall be reported to Naval
Headquarters.

(5) When the ship is paid of, the captain shall cause the copy retained under (2) (f) of
this article to be destroyed.

(6) Logging is not punishment and shall not be referred to as such. Conduct for which
an officer is logged should subsequently form the subject of a charge.

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Art.101.13 A.F.R.

101.13—WARNING OF PERSONS IN CUSTODY OR SUSPECTING OF

HAVING COMMITTED AN OFFENCE
(1) When endeavoring to discover the author of a crime there is no objection to an
investigator putting question in respect therefore to any person or persons, whether
suspected or not from whom he thinks useful information be obtained.

(2) When a charge has been laid against an accused a caution in the following form
should be administered before any statement is taken from him:
“You are not obliged to say anything. You have nothing to fear from any threat
and you have nothing to hope from any promise whether or not you do say
anything, but anything you say may be taken down in writing and may be used as
evidence. Do you fully understand this warning?”

(3) When no specific charge has been laid against a person but it is suspected that he
may be implicated in an offence, or if the person is held in custody on charge and is being
reinterrogated, the following form of caution should be used before a statement is taken
from that person:
“Before you say anything to relating to any charge which has been or may be
preferred against you, are advised that you are not obliged to say anything, but
anything you say may be taken in writing may be used as evidence. Do you fully
understand this warning?”

(4) A statement made by a person in custody, or being interrogated under (1) of this
article, before there is time to caution him, is not rendered valueless merely because no
caution was given , but in such a case he should be cautioned as soon as possible so that
he is clearly made aware of his position before making further statements.

(5) When two or more persons are charged with the same offence and statement are
taken separately from the persons charged, the investigator should not read these
statements to the other person charged but each of such persons should be furnished by
the investigator with a copy of such statements and nothing should be said and done by
the investor to invite a reply: If the person charged desires to make a statement in reply
the usual caution should be administered.

(6) A person in custody making a voluntary statement should not be cross-examined

but this does not preclude the putting of questions to remove ambiguity or to clear up
points his statement, or to indicate other aspects of the matter which the person in custody
may wish to include in his statement.

(7) Statement made by persons accused of an offence should be reduced to writing in

the exact words of the accused while they are being made or as soon thereafter as is
practicable and the statement should be signed by the accused in the presence of one or
more witnesses.
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A.F.R. Art. 101.99

101.13—WARNING OF PERSONS IN CUSTODY OR SUSPECTED OF HAVING

COMMITTED AN OFFENCE—contd.

NOTES

(a) The provisions of this article are intended as a guide only and the fact that
a caution has or has not been administered in accordance therewith will
not of itself render the confession admissible or inadmissible in evidence.
For the purpose of admissibility in evidence it will always be a question of
fact as to whether any confession was freely and voluntarily made.

(b) Oral and written statements by an accused may be admissible in evidence

and if they are admitted it is the exact words of the accused which are of
importance. Writing them down and having them signed serves to avoid
argument as to what the accused actually did and satisfy a court as to the
reliability of his memory and of his report as to them, are just as
receivable in evidence as if they were in writing.

101.14 TO 101.99—INCLUSIVE: NOT ALLOCATED

Back to Table of Contents

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CHAPTER 102

DISCIPLINARY JURISDICTION

Section 1—Jurisdiction—Persons

102.01—PERSONS SUBJECT TO THE CODE OF SERVICE DISCIPLINE

Section 12 of the Armed Forces Act 1962 provides in part:
“12 (1) The following persons, and no others, shall be, subject to the Code of
Service Discipline:
(a) every officer and man of each Regular Force;

(b) every officer and man of each Regular Reserve, Volunteer Force and
Volunteer Reserve when he is—

(i) undergoing drill or training whether in uniform or not,

(ii) in uniform,
(iii) on duty,
(iv) on continuing, full time military service,
(v) on active service,
(vi) in or on any vessel, vehicle or aircraft of the Armed Forces or in or
on any Defence establishment or work for defence,
(vii) serving with any unit or other element of a Regular Force, or
(viii) present whether in uniform or not, at any drill or training of a unit
or other element of the Armed Forces;
(c) subject to such exceptions, adaptations, and modifications as the President
may by regulations prescribe, a person who pursuant to law is attached or
seconded as an officer or man to one of the Armed Forces;
(d) every person, not otherwise subject to the Code of Service Discipline, who
is serving in the position of an officer or man of any force raised and
maintained out of Ghana and commanded by an officer of the Armed
Forces;

(e) every person, not otherwise subject to Code of Service Discipline, who
accompanies any unit or other element of the Armed Forces that is on
service in any place;

(f) every person, not otherwise subject to the Code Service Discipline, who,
in respect of any service offence committed or alleged to have been
committed by him, is in civil custody or in service custody; and

(g) every person, not otherwise subject to the Code of Service Discipline
while serving with the Armed Forces under an engagement whereby he
agreed to be subject to that Code.

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A.F.R Art. 102.04

102.01—PERSONS SUBJECT TO THE CODE OF SERVICE DISCIPLINE—

contd.

(2) Every person subject to the Code of Service Discipline under subsection
(1) at the time of the alleged commission by him of a service offence shall
continue to be liable to be charged, dealt with and tried in respect of that offence
under such Code of Service Discipline not withstanding that he may have, since
the commission of that offence, ceased to be a person mentioned in that
subsection.
(3) Every person who, since the alleged commission by him of a service
offence, has ceased to be a person mentioned in subsection (1), shall for the
purposes of the Code of Service Discipline, be deemed, for the period during
which under that Code he is liable to be charged, dealt with and tried, to have the
status and rank that he held immediately prior to the time when he ceased to be a
person in that subsection”.

102.02—OFFICERS AND MEN DEALT WITH BY OWN SERVICE

Section 12 of the Armed Forces Act 1962 provides in part:
“12 (4) Subject to subsections (5) and (6), every person who is alleged to have
committed a service offence may be charged, dealt with and tried only within the
Armed Forces in he was commissioned or enrolled”.(See article 102.03—
“Attachment and Secondment-General” and article 102.06-“Persons embarked in
Vessels and Aircraft-General”.)

102.03—ATTACHMENT AND SECONDMENT—GENERAL

Section 12 of the Armed Forces Art 1962 provides in part:
“12 (5) Every person who, while attached or seconded to an Armed Force other
than the Armed Force in which he was commissioned or enrolled, may be
charged, dealt with and tried either within that other Force, as if he belonged to
that other Force, or within the force in which he was commissioned or enrolled.”

102.04—OFFICERS AND MEN ATTACHED OR SECONDED TO A SERVICE

OTHER THAN PARENT SERVICE
When an officer or man of the army, navy or air force, while attached or seconded to a
Service other than this parent Service is alleged to have a committed a service offence, a
commanding officer, before initiating disciplinary action, should, where practicable and
if the discipline of his unit, will not be prejudiced, cause the matter to be referred to an
officer of the Service of the alleged offender with the view to ascertaining whether or not
that service wishes to deal with the case, and when it so wishes, the commanding officer
should, unless other circumstances intervene, take steps to deliver the officer or man over
to that Service. (See article 114.08—“Approval of Dismissal with Disgrace”)

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Art. 102.05 A.F.R

102.05—NOT ALLOCATED

102.06—PERSONS EMBARKED IN VESSELS AND AIRCRAFT—GENERAL

Section 12 of the Armed Forces Act 1962 provides in part:
“12 (6) Every person who, while on embarked on any vessel or air craft of an
Armed Force other than the Force in which he was commissioned or enrolled is
alleged to have committed a service offence, may be charged, dealt with or tried
either within that other Force as if he belonged to that other Force, or within the
Force in which he was commissioned or enrolled.”

102.07—NOT ALLOCATED

102.08—PERSONS SERVING IN POSITION OF OFFICERS AND MEN—IN

FORCE RAISED OUT OF GHANA BY GHANA
Section 12 of the Armed Forces Act 1962 provides in part:
“12 (7) every person serving in the circumstances specified in paragraph (d) of
subsection (1) who while so serving is alleged to have committed a service
offence, may be charged, dealt with and tried within the Armed Force in which
his commanding officer is serving.

(See article 102.01-“Persons subject to Code of Service Discipline”)

102.09—PERSONS ACCOMPANYING THE ARMED FORCES

(1) Under section 12 of the Armed Forces Act 1962 every person, not otherwise
subject to the code of Service Discipline, who accompanies any unit or other element of
the Armed Forces that is on service in any place shall be subject to the code of Service
Discipline.
(2) For the purpose of section 12 but subject to such limitations as many prescribed, a
person a accompanies unit or other element of the Armed Forces that is on service if such
person:
(a) participates with that unit or other element in the carrying out of any of its
movements, manoeuvres, duties in aid of the civil power, duties in a
disaster, or warlike operations,
(b) is accommodated or provided with rations at his own expense or otherwise
by that unit or other element in any country or at any place designated by
the President.
(c) is a dependent out of Ghana of an officer or man serving beyond Ghana
with that unit or other element, or
(d) is embarked on a vessel or air craft of that unit or other element.

(3) Every person who, while accompanying any unit or other element of the Armed
Forces, is alleged to have committed a service offence:

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A.F.R. Art. 102.18

102.09—PERSONS ACCOMPANYING THE ARMED FORCES—contd.

(a) May be charged, dealt with tried within the Services in which is comprised
the unit or other element of the Armed Forces that he accompanies, and
for that purpose shall be treated as a man, unless he holds from the
commanding officer of the unit or other element of the Armed forces that
he so accompanies or from any other officer prescribed by the Chief of
Defense Staff for that purpose, a certificate, revocable at the pleasure of
the officer who issued it or of any other officer of equal or higher rank,
entitling such person to be treated on the footing of an officer, in which
case he shall be treated as an officer in respect of any offence alleged to
have been committed by him while holding that certificate.

(b) Shall, for the purpose of the Code of Service Discipline, be deemed to be
under the command of the commanding officer of the unit or other
element of the Service of the Forces that such person accompanies.

102.10 TO 102.16—INCLUSIVE: NOT ALLOCATED

Section 2—Jurisdiction Barred

102.17—PREVIOUS ACQUITTAL OR CONVICTION

Section 81 of the Armed Forces Act 1962 provides:

“81 (1) Every person, in respect of whom a charge of having committed a service
offence has been dismissed, or who has been found guilty or not guilty either by a
service tribunal or a civil court on a charge of having committed any such offence,
shall not tried or tried again by a service tribunal under this Act in respect of that
offence or any other offence of which he might have been found guilty on that
charge by a service tribunal or a civil court.
(2) Nothing in subsection (1) shall affect the validity of a new trail ordered
under section 84 or section 92”.

102.18—ACCUSED INSANE AT TRIAL

(1) Where at any time after a trial by court martial commences and before the finding
of the court martial is made, it appears that there is a sufficient reason to doubt whether
the accused person is then, on account of insanity, capable of conducting his defense, an
issue shall be tried and decided by that court martial as to whether the accused person is
or not then, on account of insanity, unfit to stand or continue his trial.

(2) Where the decision of the court martial on an issue mentioned in (1) of this article
is that the accused person is not then unfit to stand or continue his trial, the court martial

11
C.I.12.
Art. 102.18 A.F.R

102.18—ACCUSED INSANE AT TRIAL—contd.

shall proceed to trail that person as if no such issue had been tried.

(3) Where the decision of the court martial held in Ghana is that the accused person is
unfit to stand or continue his trial on account of insanity, the court martial shall order the
accused person to be kept in a strict custody until the pleasure of the President is known
and the President may make an order for the safe custody of such person, as if the same
decision had been made in respect of him by a civil court.

(4) Where the decision of a court martial held out of Ghana is that the accused person
is unfit to stand or continue his trial on account of insanity, the court martial shall order
that person to be kept in strict custody and he shall be transferred, as soon as
conveniently may be, to Ghana, and upon transfer he shall be kept in custody until the
pleasure of the President is known and the President may make an order for the safe
custody of such person, as if the same decision had been made in respect of him by a civil
court.

(5) No decision of a court martial that an accused person is unfit to stand or continue
his trial by reason of insanity prevents that person being afterwards tried in respect of the
offence or of any other offence of which he might have been found guilty on the same
charge; and the period during which he is unfit to stand or continue his trial by reason of
insanity shall not be taken into account in applying to him in respect of that offence the
provision of section 80 of the Armed Forces Act, 1962.

(6) If the court finds that the accused is insane at the trail, it shall notify the
convening authority to that affect and inform the convening authority of any order made
by the court under this article.

102.19—CIVILIANS NOT LIABLE TO SUMMARY TRIAL

A person who is subject to the Code of Service Discipline, but who is not an officer or
man, is not liable to summary trial by a commanding officer or a superior commander.

Section 3—Jurisdiction—Place

102.20—PLACE OF COMMISSION OF OFFENCE

Every person subject to the Code of Service Discipline alleged to have committed a
service offence may be charged with and tried under the code of Service Discipline,
whether the alleged offence was committed in Ghana or out of Ghana.

12
 C.I.12.
A.F.R Art. 102.24

102.21—PLACE OF TRIAL

Every person subject to the Code of Service Discipline alleged to have committed a
service offence may be charged, dealt with and tried under the Code of Service
Discipline, either in Ghana or out of Ghana.

Section 4—Jurisdiction—Time

102.22—PERIOD OF LIABILITY UNDER CODE OF SERVICE DISCIPLINE

Section 80 of Armed Forces Act 1962 provides:

“80. (1) Except in respect of the service offences mentioned in sub-section (2), no
person is liable to be tried by a service tribunal unless his trial begins before the
expiration of a period of three years from the day upon which the service offences
was alleged to have been committed.
(2) Every person, subject to the Code of Service Discipline at the time of the
alleged commission by him of a service offence of mutiny, desertion or absence
without leave or a service offence for which the maximum punishment that may
be imposed is death shall continue to be liable to be charged, dealt with and tried
at any time under that Code.
(3) In calculating the period of limitation referred to in the subsection (1),
there shall not be included—
(a) time during which any person was a prisoner of war,
(b) any period of absence in respect of which a person has been found
guilty by any service tribunal of desertion or absence without
leave, and,
(c) any time during which a person was serving a sentence of
incarceration imposed by any court other than a service tribunal.”

Section 5—Jurisdiction—certain offences

102.23—MURDER, RAPE, AND MANSLAUGHTER

Section 79 of the Armed Forces Act 1962 provides in part—
“79. (1)… a service tribunal shall not try any person charged with the offence of murder,
rape or manslaughter, committed in Ghana.

Section 6—Jurisdiction Civil Courts

102.24-TRIAL OF OFFICERS AND MEN BY CIVIL COURTS

Section 95 of the Armed Forces Act 1962 provides in part:
“95. (1) Nothing in the Code of Service Discipline affects the jurisdiction of any
civil court to try a person for any offence triable by that Court.

13
C.I.12.
Art. 102.24 A.F.R

102.24—TRIAL OF OFFICERS AND MEN BY CIVIL COURTS—contd.

(2) Where a person, sentenced by a service tribunal in respect of a

conviction on a charge of having committed a service offence is afterwards tried
by civil court for the same offence or for any other offence of which he might
have been found guilty on that charge, the civil court shall be awarding
punishment take into account any punishment imposed by the service tribunal for
the service offence.

(3) Where a civil court that tries a person in the circumstances specified in
subsection (2) either acquits or convicts the person of an offence, the unexpected
term of any punishment of imprisonment for more than two years, imprisonment
for less than two years detention, imposed by service tribunal in respect of the
offence, shall be deemed to be wholly remitted as from the date of the acquittal or
conviction by the civil court”.

102.25 TO 102.99—INCLUSIVE: NOT ALLOCATED

Back to Table of Contents

14
 C.I. 12.
CHAPTER 103

SERVICE OFFENCES

Section 1—General Principles Concerning Responsibility for Offences

103.01—RESPONSIBILITY FOR OFFENCES

Section 13 of the Armed Forces Act 1962 provides:
“13. (1) In addition to the person who commits an offence, every person
who—
(a) does or omits an act for the purpose of aiding any person to
commit the offence:
(b) attempts to commit or abets any person in the commission of the
offence: or
(c) counsels or procures any person to commit the offence, shall be
guilty of an offence and on conviction shall be liable to the same
punishment as the person found guilty of committing that offence.

(2) Every person who, having an intent to commit the offence, does or
omits an act for the purpose of accomplishing his object shall be guilty of an
attempt to commit the offence intended, whether under the circumstances it was
possible to commit such offence or not.

(3) Where two or more persons form an intention in common to carry

out an unlawful purpose and to assist each other therein and any one of them, in
carrying out the common purpose, commit an offence, each of them who knew or
ought to have known that the commission of the offence would be a probable
consequence of carrying out the common purpose shall be guilty of that offence.”

NOTES

(a) A person who, while subject to the Code of Service Discipline, aids, abets,
counsels, or procures another to commit a service offence, is guilty of
committing that offence himself, whether or not he is present when the
offence is committed and may be charged with having committed that
offence or under section 54 of the Armed Forces Act, 1962 (see article
103.47—“Conduct to the Prejudice of Good Order and Discipline.”)

(b) Aiding or abetting the commission of an offence involves actual

participation or assistance. Mere knowledge of another’s intention or
plans to commit an offence, or merely standing by while the offence is
being committed is not enough to make a person guilty of that particular
offence; but this does not exclude the possibility that person may have
committed a different offence by having failed to take preventive
measures.

15
C.I. 12.
Art. 103.01 A.F.R.

103.01—RESPONSIBILITY FOR OFFENCES—contd.

(c) One who supplies the means for the commission of an offence, knowing
of its intended use, is guilty of the offence if it is committed.
(d) Assistance given after the commission of an offence does not make the
person assisting guilty of the offence, if he is not shown to have been
associated previously in the commission of the offence; but if the
assistance is rendered while some act is being done which enters into the
offence, although the offence might be complete without it (e.g. taking
away and concealing the proceeds of a theft), it may amount to aid
rendered in the actual commission of the offence.
(e) Section 13 (1) of the Armed Forces Act, 1962 contemplates an offence
actually committed by someone. It therefore follows that where no
offence is committed by anyone, a person is rendered liable as a principal
merely because he has counselled another to commit an offence, but he
may thereby have committed an offence under section 54. (See article
103.47—“Conduct to the Prejudice of Good Order and Discipline.”)
(f) The statement in a charge of an offence against one who aids, abets,
counsels or procures should be in the form prescribed for the offence
committed by the actual perpetrator or, when laid under section 54, in the
statement of offence prescribed in article 103.47. The fact of aiding,
abetting, counselling or procuring should be stated in the particulars of the
offence.
(g) Attempts may be charged only under the sections 13 or 54 (article 103.47-
“Conduct to the prejudice of Good Order and Discipline,”) but exceptions
are to be found in section 77 (article 103.51-“Service Trial of Civil
Offences”). There are three essential elements of an attempt:
(i) An intent to commit the offence.
(ii) An act or omission towards the commission of the offence. An
intent alone is not sufficient if nothing is done to carry it into
effect. A distinction must, however, be drawn between acts or
omissions toward the commission of an offence and those which
are mere preparation. It is not possible to draw a clear line of
distinction but, in general, preparation consists in devising or
arranging the means for the commission of an offence while, on
the other hand, an act or omission sufficient to support a charge of
attempting must involve a direct movement towards the
commission of an offence after the preparations have been made.
For example, a person, having an intent to fire to a building, might
purchase matches for the for the purpose. The purchase would
merely be a stage in his preparations and not such an act as to
justify a charge of attempting. An example of an act justifying a
charge of attempting would be the application of a lighted match to
the building.
16
 C.I. 12.
A.F.R. Art. 103.02

103.01—RESPONSIBILITY FOR OFFENCES—contd.

(iii) Non-completion of the offence. If the actual offence is committed,
the alleged offender cannot be convicted of attempting to commit
the offence. If before a charge of attempting is proceeded with,
there is any doubt as to whether the complete offence was or was
not committed, it is advisable to charge the alleged offender in the
alternative, i.e., with having committed the offence and with
having committed an offence of attempting under section 54
(article 103.47—“Conduct to the Prejudice of Good Order and
Discipline.”) In cases involving desertion (section 27— article
103.19) where there is doubt as to whether the complete offence
was committed, an alleged offender should, be charged with
commission of the complete offence only. In such case, by virtue
of section 56 (article 103.49—“Conviction for related or less
serious offences”) it is possible for the accused to be found guilty
of attempting if the commission of the complete offence is not
established.
(h) An offence against section 13 of the Armed Forces Act 1962 is an act,
conduct, disorder or neglect to the prejudice of good order and discipline
and where it is not practical to charge the offender as a principal and the
offence is not an attempt, he should be charged under section 54 of the
Armed Forces Act 1962.
(i) Intent, which is normally an ingredient of crime, is not capable of positive
proof; it can only be inferred from overt acts. The inference that can be
drawn from proved overt acts creates difficulty. As a proposition of
ordinary good sense it can be stated that as a man is usually able to foresee
what are the natural and probable consequences of his acts, so it is , as a
rule, reasonable to infer that he did foresee them and intend them. But,
while there is an inference which may be drawn, it is not one which must
be drawn. If on all fact of the case it is not the correct inference, then it
should not be drawn.

103.02—IGNORANCE OF LAW NO EXCUSE

The fact that a person is ignorant of the provisions of the Armed Forces Act, 1962 or of
any regulations or of any order or instruction duly notified under this Act, is no excuse
for any offence committed by him.

NOTES
This relates only to ignorance of the law and not to mistakes of fact; for example, it
would be no excuse for a recruiting officer charged with enrolling a person who is under
age to state that he was unfamiliar with the appropriate regulation, but it would be a
defence if he could show that he had reasonable cause to believe that the recruit had in
fact attained the age prescribed in regulations.
17
C.I. 12.
Art. 103.03 A.F.R.

103.03—CIVIL DEFENCES AVAILABLE TO ACCUSED

(1) All rules and principles from time to time followed in the civil courts in
proceedings under the Criminal Code, 1960 that would render any circumstances a
justification or excuse for any act or omission or a defence to any charge, shall be
applicable to any defence to a charge under the Code of Service Discipline except in so
far as such rules and principles are altered by or are inconsistent with the Armed Forces
Act, 1962 and any regulations made thereunder.
(2) The condonation of an act or omission on any ground whatsoever, whether by
superior authority or otherwise, shall not be a justification, excuse or defence for the act
or omission.

NOTES
a) The grounds of justification, excuse or defence most likely to be relied on
under this section are drunkenness, compulsion, self-defence, defence of
property and use of force to prevent the commission of an offence. The
defence of insanity is dealt with in article 103.04.
Drunkenness
b) Drunkenness is no defence unless, in cases where a specific intent for part
of the offence, it can be shown that the accused was so drunk the time of
the commission of the offence that he was incapable forming the
necessary intent. Evidence of drunkenness which renders the accused
incapable of forming the specific intent essential to constitute the crime
should be taken into consideration with the other facts proved in order to
determine whether or not he had this intent.
c) Evidence of drunkenness which does not prove that the accused was
incapable of forming the necessary intent, and which merely, established
that his mind was so affected by drink, that he more readily gave way to
some violent passion, does not negative specific intent.
Compulsion
d) A person charged with having committed an offence may raise
compulsion as justification, excuse or defence if all of the following
condition were present:
(i) He received threats of immediate death or grievous bodily harm
from a person actually present at the commission of the offence.
(ii) He believed that such threats would be executed.
(iii) He was not a party to any association or conspiracy which
rendered him subject to compulsion in the commission of the
offence.
e) Compulsion may not be raised as justification, excuse or defence in
respect of offences of treason, murder, piracy, offences deemed to be
piracy, attempting to murder, assisting in rape, forceable abduction,
robbery, grievous bodily harm and causing fires.

18
 C.I. 12.
A.F.R. Art. 103.04

103.03—CIVIL DEFENCES AVAILABLE TO ACCUSED—contd.

Self-Defence
f) Where a person charged with the commission of an offence desires to raise
justification, excuse or defence of self-defence, his plea will be determined
in accordance with principles laid down in the Criminal Code, 1960.

Defence of Property
g) Where a person charged with the commission of an offence desires to raise
justification, excuse or defence on the ground of defence of property, his
plea will be determined in accordance with principles laid down in the
Criminal Code, 1960.

Use of Force
h) A person who has been charged with an offence involving the use to force
by him may find justification, excuse or defence in the Criminal Code,
1960.

103.04—INSANITY AS A DEFENCE
(1) Where any act is charged against any person as a service offence and it is given in
evidence on the trial of such person for that offence that he was insane so as not to be
responsible according to principles laid down in the Criminal Code 1960 for his action,
then, if it appears to the service tribunal before which he is tried that he did the act
charged but was insane as at the time when he did it, the service tribunal shall make a
special finding to the effect that the accused was guilty of the act charged but was insane
as aforesaid when he did the act.
(2) When a person subject to the Code of Service Discipline is accused of a service
offence, the special verdict provided for in (1) of this article shall only be applicable:
a) if he was prevented, by reason of idiocy, imbecility or any mental
derangement or disease affecting the mind, from knowing the nature or
consequences of the act in respect of which he is accused; or
b) if he did the act in respect of which he is accused under the influence of an
insane delusion of such a nature as to render him, in the opinion of the
service tribunal, an unfit subject for punishment of any kind in respect of
such an act.
NOTES

a) In order to establish the defence of insanity, it is necessary to show either

an incapacity to appreciate the nature and quality of the act or omission, or
want of knowledge that the act or omission was wrong.
b) The words “nature and quality” refer solely to the physical character of the
act or omission and do not in themselves distinguish between the physical
and moral aspects.

19
C.I. 12.
Art. 103.04 A.F.R.

103.04—INSANITY AS A DEFENCE—contd.
c) As to whether the accused knew that the act or omission was wrong, the
test to be applied is the ordinary standard of right and wrong adopted by
reasonable men.
d) In order that insanity may be relied upon as a defence, it be must be shown
to have existed at the time of the commission of the offence but need not
be of a permanent nature.
e) If the accused person sets up a defence of insanity, the burden is on him to
establish it. It is not sufficient that he should merely raise a doubt as to his
sanity but, on the contrary, he must prove to the satisfaction of the service
tribunal that he was insane, although he need not prove his insanity
beyond a reasonable doubt.

Section 2—Service Offences

103.05—INTRODUCTION
(1) When it is desired to refer to an enactment that creates a particular offence, the
number of the relevant section of the Armed Forces Act, 1962 should be cited and not the
number of the article in A.F.R. in which that section is quoted.
(2) When it is required in proceedings under the Code of Service Discipline that
offences be stated, the forms of statements of offence, contained in (2) of the following
articles of this Chapter should be used as appropriate.

103.06—OFFENCES BY COMMANDERS WHEN IN ACTION

(1) Section 14 of the Armed Forces 1962 provides:
“14. Every person in command of a vessel, aircraft, defence establishment, unit or
other element of the Armed Forces who—
a) when under orders to carry out an operation of war or on coming into
contact with an enemy that it is his duty to engage, does not use his utmost
exertion to bring the officers and men under his command or his ship,
vessel, aircraft, or his other material into action,

b) being in action, does not, during the action, in his own person and
according to his rank, encourage the officers and men under his command
to fight courageously,

c) when capable of making a successful defence, surrenders his ship, vessel,

aircraft, defence establishment, material, unit or other element of an
Armed Force to the enemy,

d) being in action, improperly withdraws from the action,

e) improperly fails to pursue an enemy or to consolidate a position gained,

20
 C.I. 12.
A.F.R. Art. 103.06

103.06—OFFENCES BY COMMANDERS WHEN IN ACTION—contd.

f) improperly fails to relieve or assist a known friend to the utmost of his
power; or
g) when in action, improperly forsakes his station, shall be guilty of an offence
and on conviction, if he acted treasonably,
shall suffer death, if he acted from cowardice, shall be liable to suffer death or to any
less punishment provided by this Act and in any other case shall be liable to dismissal
with disgrace from the Armed Forces or to any less punishment provided by this
Act”.
(2) The statement of the offence in a charge under section 14 should be in one of the
following forms:
(a)
Treasonably a vessel, an when under the officers
while in aircraft, a orders to carry and men
command of defence out an operation did not under his
of the
From cowar- establishment a Armed on coming into use his command
dice, while in contact with an utmost his ship his into
unit (other Forces
command of enemy that it exertion vessel his action
element)
While in was his duty to to bring aircraft
command of engage, (other
material)
(b)
Treasonably while in a ship,
of the Armed Forces, being in
command of an aircraft,
action, did not during the action, in
From cowardice, a defence
his own person and according to
while in command establishment,
his rank, encourage his officers and
of, a unit
men to fight courageously.
While in command (other element)
of

(c) Treasonably
while in a ship, a vessel ship, vessel
command of an aircraft, a of the Armed Forces, aircraft,
From cowardice, defence when capable of defence to the
while in establishment, making a successful establishment, enemy
command of, a unit (other defence, surrendered material unit
While in element) his (other element)
command of
(d)
Treasonably a ship, a vessel
while in an aircraft, a
command of defence of the Armed Forces, being in action, improperly
From cowardice, establishment, withdrew from the action
while in a unit
command of, (other element)
While in
command of
21
C.I. 12.
Art. 103.06 A.F.R.

103.06—OFFENCES BY COMMANDERS WHEN IN ACTION—contd.

(e)
Treasonably a ship,
while in a vessel
command of an aircraft, pursue an enemy
From cowardice, a defence of the Armed Forces
consolidate a
while in establishment, improperly failed to
position
command of, a unit gained
while in (other element)
command of
(f) a ship,
Treasonably while
a vessel a known
in command of of the Armed
an aircraft, a friend
From cowardice, Forces, relieve
defence to the utmost
while in improperly assist
establishment, of his
command of failed to
a unit power
while in command of
(other element)
(g) a ship,
Treasonably while
in command of a vessel of the Armed Forces, when in
From cowardice, an aircraft, a action, improperly forsook his
while in command defence station
of establishment,
wile in command of a unit
(other element)

NOTES
(a) A charge should not be laid under paragraphs (d), (e),(f) or (g) if the
“improper” conduct amounted merely to an error in judgment or incorrect
action . The element of dereliction of duty must have been present.
(b) The word “Treasonably” signifies that the person accused has been false
in his allegiance to the Republic of Ghana
(c) The word “cowardice” signifies that the person accused acted in an
ignoble manner from fear.
(d) The particulars of every charge under this section must indicate the
identity of the ship, vessel, aircraft, defence establishment, unit or other
element of which the accused was in command and, where applicable, the
particulars must show circumstances which indicate treasonable or
cowardly conduct.
SPECIMEN CHARGES
Sec 14 (a) WHILE IN COMMAND OF AN AIRCRAFT OF THE ARMED FORCES, ON
A.F.A COMING INTO CONTACT WITH AN ENEMY THAT IT WAS HIS DUTY TO
ENGAGE, DID NOT USE UTMOST EXERTION TO BRING THE OFFICERS AND
MEN UNDER HIS COMMAND INTO ACTION.

22
 C.I. 12.
A.F.R. Art. 103.06

103.06—OFFENCES BY COMMANDERS WHEN IN ACTION—contd.

Particulars: In that he, on (date), at or near (position and altitude), while in command of
(type) aircraft (number), having come into contact with an enemy aircraft that it was his
duty to engage, did (not) (Here specify acts of omission and commission which show
failure to use “utmost exertion”.)

TREASONABLY, WHILE IN COMMAND OF A UNIT OF THE ARMED FORCES, BEING Sec 14 (b)
IN ACTION, DID NOT DURING THE ACTION, IN HIS OWN PERSON AND ACCORDING A.F.A
TO HIS RANK, ENCOURAGE HIS OFFICERS AND MEN TO FIGHT COURAGEOUSLY

Particulars: In that he, at or about (place), on (date), while in command of (unit), being
in action took, cover in a ditch while his unit was advancing calling on his officers and
men to do likewise, with intent thereby to assist the enemy.

FROM COWARDICE, WHILE IN COMMAND OF A DEFENCE ESTABLISHMENT Sec 14 (c)

OF THE ARMED FORCE, WHEN CAPABLE OF MAKING A SUCCESSFUL A.F.A
DEFENCE, SURRENDERED HIS DEFENCE ESTABLISHMENT TO THE ENEMY.

Particulars: In that he, at (place), on (date), while in command of a power house situated
there although capable of making a successful defence of the said power house because
of fear of personal danger surrendered it to the enemy.

WHILE IN COMMAND OF A VESSEL OF THE ARMED FORCES, BEING IN Sec 14 (d)

ACTION IMPROPERLY WITHDREW FROM THE ACTION A.F.A

Particulars: In that he, at (position), on (date), while in command of (type) vessel

(number), a vessel of the Armed Forces in action against the enemy, withdrew from that
action without due cause.
WHILE IN COMMAND OF AN AIRCRAFT OF THE ARMED FORCES, Sec 14 (e)
IMPROPERLY FAILED TO PURSUE AN ENEMY. A.F.A

Particulars: In that he, on (date), at or about (position and altitude), while in command of
(type) aircraft (number), having been in action against an enemy (type) aircraft, without
due cause failed to pursue the enemy aircraft when it broke off the engagement and left
the scene of the action.

TREASONABLY, WHILE IN COMMAND OF A UNIT OF THE ARMED FORCES, Sec 14 (f)

IMPROPERLY FAILED TO ASSIST A KNOWN FRIEND TO THE UTMOST OF A.F.A
HIS POWER

23
 C.I. 12.
Art. 103.06 A.F.R.

103.06—OFFENCES BY COMMANDERS WHEN IN ACTION—contd.

Particulars: In that he, at (place) on (date) while in command of (unit) knowing

that (description of unit, etc., requiring assistance) required assistance in order to
repel an attack then being made upon it by the enemy, without due cause failed to
provide any such assistance, with intent thereby to assist the enemy.

Sec 14 (g) FROM COWARDICE, WHILE IN COMMAND OF A VESSEL OF THE

ARMED FORCES, WHEN IN ACTION, IMPROPERLY FORSOOK HIS
STATION.

Particulars: In that he, at (position) on (date), while in command of (type) vessel

(number or letters) a vessel of the Armed Forces being in action against the
enemy left his position as captain of the vessel under the pretext of being ill.

103.07—OFFENCES BY ANY PERSON IN PRESENCE OF ENEMY

(1) Section 15 of the Armed Forces Act, 1962 provides:
“15, Every person subject to the Code of Service Discipline who—
(a) improperly delays or discourages any action against the enemy;
(b) goes over to the enemy;
(c) when ordered to carry out an operation of war, fails to use his utmost
exertion to carry the orders into effect;
(d) improperly abandons or delivers up any defence establishment, garrison,
place, material, post or guard;
(e) assists the enemy with material;
(f) improperly casts away or abandons any material in the presence of the
enemy;
(g) improperly does or omits to do anything that results in the capture by
enemy of persons or the capture or destruction by the enemy of material;
(h) when on watch in the presence or vicinity of the enemy, leave his post
before he is regularly relieved or sleeps or is drunk;
(i) behaves before the enemy in such manner as to show cowardice; or
(j) does or omits to do anything with intent to imperil the success or any of
the Armed Forces or of any forces co-operating therewith,

shall be guilty of an offence and on conviction, if he acted treasonably, shall suffer death,
and in any other case, if the offence was committed in action, shall be liable to suffer
death or to any less punishment provided by this Act” or, if the offence was committed

24
 C.I. 12.
A.F.R. Art. 103.07

103.07—OFFENCES BY ANY PERSON IN PRESENCE OF ENEMY—contd.

otherwise than in action, shall be liable to imprisonment for life or to any less
punishment provided by this Act”.
(2) The statement of the offence in a charge under section 15 should be in one of the
following forms:
(a) Treasonably
Improperly, delayed
while in discouraged an action against the enemy
action
Improperly

Treasonably
(b) went
While in over to the enemy
action
went

(c) Treasonably
ordered to carry out an operation of war,
when
failed to use his utmost exertion to
while in action
carry the orders into effect.
when
When

Treasonably a defence establishment

(d) a garrison
Improperly, abandoned
while in action a place
delivered up material
Improperly
a post
a guard
Treasonably
(e) assisted
while in action the enemy with material
assisted
Assisted

(f) Treasonably
Improperly, cast away material in the presence of
while in action abandoned the enemy
Improperly
(g) Treasonably Capture by the enemy of
Improperly, did something persons
omitted to do resulting
while in capture by the enemy
something in the
action destruction of materials
Improperly
25
C.I. 12.
Art. 103.07 A.F.R.

103.07—OFFENCES BY ANY PERSON IN PRESENCE OF ENEMY—contd.

(h) Treasonably left his post
when before he was
while in on watch in Presence
the of the enemy regularly relieved
action, when vicinity
slept
When was
drunk
(i) Treasonably
behaved
before the enemy in such manner as to
While in
action, behaved show cowardice
Behaved
(j) did something intending to the Armed Forces
Treasonably omitted to do imperil the forces co-operating with
something success of the Armed Forces
did something intending to the Armed Forces
While in action omitted to do imperil the forces co-operating with
something success of the Armed Forces

Did something intending to the Armed Forces

Omitted to do imperil the forces co-operating with
something success of the Armed Forces

NOTES
(a) A charge should not be laid under paragraphs (a), (d), (f) or (g) if the
“improper” conduct amounted merely to an error in judgment or incorrect
action. The element of dereliction of duty must have been present.
(b) The offence of abandoning or delivering up, prescribed in paragraph (d)
can be committed only by the person in charge, whether temporarily or
otherwise, of the defence establishment, garrison, place, material, post, or
guard, and not by a subordinate under his command.
(c) The word “cowardice” in paragraph (i) signifies that the person accused
acted in an ignoble manner from fear.
(d) The word “Treasonably” signifies that the person accused has been false
in his allegiance to the Republic of Ghana.
(e) The word “intent” in paragraph (i) merely has the effect of imposing upon
the prosecution a duty, more onerous than would otherwise be the case, of
proving that the accused did or omitted to do the act in question
deliberately. In the case of most offences, however, although the word
“intent” does not appear in the section prescribing them intent in an
essential element but it is inferred from the facts and circumstances
established. There are some offences, however, in which intent is not an
essential element.

26
 C.I. 12.
A.F.R. Art. 103.07

103.07—OFFENCES BY ANY PERSON IN PRESENCE OF ENEMY—contd.

(f) Where applicable the particulars of a charge must show the
circumstances which indicate treasonable or cowardly conduct.

SPECIMEN CHARGES Sec. 15 (a)

IMPROPERLY DISCOURAGED AN ACTION AGAINST THE ENEMY A.F.A
Particulars: In that he, at (place), knowing that it was proposed to launch an air
attack against the enemy on the following day, falsely represented to his squadron
commander that there were insufficient aircraft available to undertake offensive
action, thereby persuading the squadron commander to abstain from proposed air
attack.

WHILE IN ACTION WENT OVER TO THE ENEMY Sec. 15 (b)

Particulars: In that he, at (place), on (date), while in action against the enemy left A.F.A
his unit (name of unit) and surrender to the enemy.

WHEN ORDERED TO CARRY OUT AN OPERATION OF WAR, FAILED TO Sec. 15 (c)

USE HIS UTMOST EXERTION TO CARRY THE ORDERS INTO EFFECT A.F.A
Particulars: In that he, at (place), on (date), when ordered by (rank and name) to
patrol within an area from (limit) to (limit), unnecessarily allowed a road block to
prevent him carrying out the patrol.
Sec. 15 (d)
IMPROPERLY ABANDONED MATERIAL A.F.A
Particulars: In that he, at (place), on (date), having been ordered by (rank and
name), to carry a drum of ammunition from the ammunition depot to the aircraft
hanger, did cast away the drum of ammunition into a ditch.

TREASONABLY ASSISTED THE ENEMY WITH MATERIAL Sec. 15 (e)

Particulars: In that he, at (place), on (date), misdirected vehicles bringing A.F.A
foodstuffs to the Armed Forces, so accusing those vehicles and foodstuffs to fall
in to the hands of the enemy, as was his intent.

IMPROPERLY, WHILE IN ACTION, CAST AWAY MATERIAL, IN THE Sec. 15 (f)

PRESENCE OF THE ENEMY A.F.A
Particulars: In that he, at (place), on (date), during an attack by the enemy,
without due cause cast away his rifle.

IMPROPERLY OMITTED TO DO SOMETHING RESULTING IN THE Sec. 15 (g)

DESTRUCTION BY THE ENEMY OF MATERIAL A.F.A
Particulars: In that he, at (place), on (date) failed to ensure the adequate spacing
of vehicles travelling in convoy under his command, resulting in the destruction
of three (type of vehicles) when cross-road (map reference) came under enemy
fire.

27
 C.I. 12.
Art. 103.07 A.F.R.

103.07—OFFENCES BY ANY PERSON IN PRESENCE OF ENEMY—contd.

Sec. 15 (h) WHEN ON WATCH IN THE VICINITY OF THE ENEMY, SLEPT

A.F.A
Particulars: In that he, at (place), on (date), at (time) hours when on watch in the
vicinity of an enemy position, was asleep.

Sec. 15 (i) BEHAVED BEFORE THE ENEMY IN SUCH A MANNER AS TO SHOW

A.F.A COWARDICE

Particulars: In that he, at (place), on (date), during an attack by enemy on his unit,
threw away his rifle and ammunition and took cover in a cellar.

Sec. 15 (j) WHILE IN ACTION DID SOMETHING INTENDING TO IMPERIL THE

A.F.A SUCCESS OF FORCES CO-OPERATION WITH THE ARMED FORCES

Particulars: In that he, at (place), on (date), while in action against the enemy,
caused a message to be sent to the commanding officer of (unit) a unit of the
(foreign force) stating that there was reason to believe an attack was imminent
knowing such was not the case and intending thereby to discourage the
commanding officer of that unit from continuing to hold his position.

103.08—OFFENCES RELATING TO SECURITY

(1) Section 16 of the Armed Forces Act, 1962 provides:
“16. Every person subject to the Code of Service Discipline who—
(a) improperly holds communication with or gives intelligence to the enemy;
(b) without authority discloses in any manner whatsoever any information
relating to the numbers, position, material, movements, preparation for
operations, of any of the Armed forces or of any forces co-operating
therewith;
(c) without authority discloses in any manner whatsoever any information
relating to a cryptographic system, aid, process, procedure, publication or
document of any of the Armed forces, or of any forces co-operating
therewith;
(d) makes known the parole, watchword, password, countersign, or
identification signal to any person not entitled to receive it;
(e) gives a parole, watchword, password, countersign or identification signal
different from that which he received;
(f) without authority alters or interferes with any identification or other
signal;
(g) improperly occasions false alarms;

28
 C.I.12.
A.F.R. Art. 103.07

103.07—OFFENCES BY RELATING TO SECURITY—contd.

(h) when acting as sentry or lookout, leaves his post before he is
regularly relieved or sleeps or drunk;
(i) forces a safeguard or forces or strikes a sentinel; or
(j) does or omits to do anything with intent to prejudice the security of
the Armed Forces or of any forces co-operating therewith
shall be guilty of an offence and on conviction, if he acted treasonably, shall
suffer death and in other case shall be liable to imprisonment for life or to any less
punishment provided by this Act”.
(2) The statement of the offence in a charge under section 16 should be in one of the
following forms:
(a)
Treasonably held communication with
Improperly the enemy
gave intelligence to
(b) the numbers
Treasonably disclosed the position The Armed Forces
Without information material forces co-operating
authority of with the
relating to movements
preparations Armed
for operations Forces

(c) system
Treasonably disclosed The Armed Forces
aid
Without information forces co-operating
process of
authority relating to a with the
procedure
cryptographic Armed
publication
Forces
document

(d) the parole

Treasonably the watchword
made known the password to a person not entitled to receive it
Made known the countersign
the identification
signal
(e) a parole
Treasonably a watchword
gave a password different from that which he received
Gave a countersign
an identification
signal
(f)
Treasonably altered an identification
Without interfered signal
authority with other signal

29
C.I.12.
Art. 103.08 A.F.R.

103.08—OFFENCES RELATING TO SECURITY—contd.

(g)
Treasonably
Improperly occasioned false alarms

(h) Treasonably left his post before he was

acting as sentry regularly relieved
when
lookout slept
When
was drunk

(i) Treasonably
forced a safeguard
Forced

Treasonably
Forced
Treasonably a sentinel
struck
forced
Struck
(j) did something The Armed Forces
intending to
Treasonably omitted to do prejudice the forces co-operating with
something security of the Armed Forces
Did something intending to The Armed Forces
Omitted to do prejudice the forces co-operating with
something security of the Armed Forces

NOTES
(a) A charge should not be laid under paragraph (a) or (g) if the “improper” conduct
amounted merely to an error in judgment or incorrect action. The element of
dereliction of duty must have been present.
(b) The expression “without authority” in paragraphs (b), (c) and (f) signifies that
the accused acted or omitted to act with neither the approval of a competent
superior nor the sanction of law, practice or custom. If the evidence adduced by
the prosecution, taken by itself, tends to show that the accused acted without
authority, a service tribunal may convict unless the accused proves that he had
authority.
(c) The word “safeguard” in paragraph (i) relates to a party detailed for the
protection of some person or persons, or of a particular village, house or other
property. A single sentry posted from such a party is still part of the safeguard,
and it is as much an offence to force him by breaking into the property under his
special care as to force the whole party. A man posted solely to control traffic is
not a “safeguard” within the meaning of this provision.

30
 C.I. 12.
A.F.R. Art. 103.08

103.08—OFFENCES RELATING TO SECURITY—contd.

(d) The word “treasonably” signifies that the person accused has false in his
allegiance to the Republic of Ghana.
(e) The particulars of a charge show the circumstances which indicate
treasonable conduct.

SPECIMEN CHARGES
IMPROPERLY HELD COMMUNICATION WITH THE ENEMY Sec. 16 (a)
A.F.A
Particulars: in that he, at (place), on (date), without authority sent a messenger
under a flag of truce to the enemy, proposing a cease-fire for Christmas Day.

TREASONABLY DISCLOSED INFORMATION RELATING TO Sec. 16 (b)

MOVEMENTS OF THE ARMED FORCES A.F.A
Particulars: In that he, at (place), at (date), informed the second secretary of
the……...Embassy that certain of the Armed Forces vessels were expected to sail
from Ghana on the following day, with the intent that this statement should be
conveyed to an enemy power.

WITHOUT AUTHORITY DISCLOSED INFORMATION RELATING TO A Sec. 16 (c)

CRYPTOGRAPHIC PROCESS OF THE ARMED FORCES A.F.A
Particulars: In that he, at (place), on (date), without authority, informed A, B., a
civilian of that city, of the method then being used to encode communication
between units of the Armed Forces.

MADE KNOWN THE PASSWORD TO A PERSON NOT ENTITLED TO Sec. 16 (d)

RECEIVE IT A.F.A
Particulars: In that he, at (place), on (date), made known to A, B., a civilian of
that city, the password then required to be given to the guard by persons wishing
to enter (unit or other pace), then said A.B. not being a person entitled to receive
the password.

GAVE AN IDENTIFICATION SIGNAL DIFFERENT FROM THAT WHICH Sec. 16 (e)

HE RECEIVED A.F.A
Particulars: In that he, at (place), on (date), when being relieved of his duties as
sentry at the main entrance to (unit or other place), gave to (number, rank and
name), who relieved him a password different from that which he had received.

WITHOUT AUTHORITY INTERFERED WITH AN IDENTIFICATION Sec. 16 (f)

SIGNAL A.F.A
Particulars: In that he, at (place), on (date), without authority, altered the
identification signal of (type) aircraft (number), which was returning from an
operation over enemy territory.

31
 C.I. 12
Art. 103.08 A.F.R.

103.08—OFFENCES RELATING TO SECURITY—contd.

Sec. 16 (g) IMPROPERLY OCCASIONED FALSE ALARMS
A.F.A
Particulars: In that he, at (place) on (date), without authority dispatched a
message to (unit) stating that hostile aircrafts were approaching that unit, and thus
occasioned a false alarm there.

Sec. 16 (h) WHEN ACTING AS SENTRY WAS DRUNK

A.F.A Particulars: In that he, at (place), on (date) at (time) hours, when acting as sentry
at (post), was drunk.

Sec. 16 (i) STRUCK A SENTINEL

A.F.A Particulars: In that he, at (place), on (date), struck with his fist the face of
(number, rank and name), who at that time was acting as sentinel on (post).

103.09—OFFENCES RELATING TO PRISONERS OF WAR

(1) Section 17 of the Armed Forces Act, 1962 provides:
“17. Every person, subject to the Code of Service Discipline who—
(a) by want of due precaution, or through disobedience of orders or wilful
neglect of duty, is made a prisoner of war;
(b) having been made a prisoner of war, fails to rejoin the Armed Forces when
able to do so; or
(c) having been made a prisoner of war, serves with or aids the enemy, shall be
guilty of an offence and on conviction, if he acted treasonably,
shall suffer death, and in any other case shall be liable to imprisonment for life to any
less punishment provided by this Act”
(2) The statement of the offence a charge under Section 17 should be in one of the
following forms:
(a)
Treasonably by want of due precaution, was
By made a prisoner of war
Treasonably was made a prisoner of war
through disobedience of orders
Through wilful neglect of duty

(b) Treasonably
been made a prisoner of war,
having failed to rejoin the Armed
Having Forces service when able to do so

(c) Treasonably
having been made a prisoner of war served with the enemy
Having aided

32
 C.I. 12.
A.F.R. Art. 103.10

103.09—OFFENCES RELATED TO PRISONERS OF WAR—contd.

NOTES

(a) The word “wilful” in paragraph (a) signifies that the accused knew what
he was doing, intended to do what he did, and was not acting under
compulsion.
(b) The expression “neglect of duty” in paragraph (a) refers to failure to
perform a duty of which the accused knew or ought to have known.
(c) The word “treasonably” signifies that the person accused has been false in
his allegiance to the Republic of Ghana.

BY WANT OF DUE PRECAUTION WAS MADE A PRISONER OF WAR Sec. 17 (a)

A.F.A
Particulars: In that he, at (place), on (date), when acting as the pilot of (type)
aircraft (number of letters), failed to ensure that his tanks were adequately filled
with fuel before take off on a flight over enemy territory, by reason of which the
aircraft had insufficient fuel to return to its base and was forced to descend on
enemy territory, where he was taken prisoner of war.

HAVING BEEN MADE A PRISONER OF WAR, FAILED TO REJOIN Sec. 17 (b)

THE ARMED FORCES WHEN ABLE TO DO SO A.F.A

Particulars: In that he, at (place), on (date), when camp (name) at which he was
held as a prisoner of war was taken by forces of…………… and he was set at
liberty, failed to rejoin the Armed Forces and remained at camp………………….

TREASONABLY, HAVING BEEN MADE A PRISONER OF WAR, AIDED Sec. 17 (c)

THE ENEMY A.F.A

Particulars: in that he, at (place), on (date), being at that time a prisoner of war in
the hands of the enemy, broadcast an address to members of the Armed Forces,
calling upon them to refuse to continue fighting.

103.10—OFFENCES RELATING TO OPERATIONS

(1) Section 18 of the Armed Forces Act, 1962 provides:

“18. Every person subject to the Code of Service Discipline who—
(a) does violence to any person bringing material to any of the Armed
Forces or to any forces co-operating therewith;

33
C.I. 12
Art. 103.10 A.F.R.

103.10—OFFENCES RELATING TO OPERATIONS—contd.

(b) irregularly detains any material being conveyed to any unit or other
element of the Armed Forces or of any forces co-operating therewith;
(c) irregularly appropriates to the unit or other element of the Armed Forces
with which he is serving any material being conveyed to any other unit or
element of such forces or of any forces co-operating therewith;
(d) without orders from his superior officer, improperly destroys or Damages
any property;
(e) breaks into any house or other place in search of plunder;
(f) commits any offence against the property or person of any inhabitant or
resident of a country in which he is serving;
(g) steals from or with intent to steal searches, the person of any person killed
or wounded in cause of warlike operation;
(h) steals any money or property that has been left exposed or unprotected in
consequence of warlike operations; or
(i) takes otherwise than for the service of the Republic of Ghana any money
or property abandoned by the enemy,
shall be guilty of an offence and on conviction, if he committed any such offence on
active service, shall be liable to imprisonment for life or to any less punishment provided
by this Act, and in any other case in liable to dismissal with disgrace from the Armed
Forces or to any less punishment provided by this Act”.

(2) The statement of the offence in charge under section 18 should be in one of the
following:
(a)
When on the Armed
active service violence to a person Forces
did bringing material forces co-operating
Did to with the
Armed Forces
(b) When on
the Armed Forces
active service, a unit
detained material forces co-operating
irregularly (other of
being conveyed to with the Armed
Irregularly element)
Forces

(c) When on
the unit of the Armed Forces unit
active service, with which he was
appropriated to (other (other
irregularly serving material being element)
Irregularly element)
conveyed to another
The Armed Forces
of forces co-operating with
the Armed Forces

34
 C.I. 12.
A.F.R. Art. 103.10

103.10—OFFENCES RELATING TO OPERATIONS—contd.

(d) When on
active destroyed
service, orders from his superior property
officer, improperly damaged
without
Without

(e) When on
active a house
service, into (other in search of plunder
broke place)
Broke

(f) When on an inhabitant

active an offence Property
service, against the person or a resident
committed is
Committed of country in which he was serving

(g) When on active

service, steals
from
Steals from
When on active
service, searches killed
the person of any person wounded
with intent to
steal
With intent to
steal searches
in the course of warlike operations.

(h) When on active

service, steals Money exposed
any property that has been left
Steals unprotected
in consequence of warlike
(j)
When on active
otherwise than for the service of
service takes any
Republic of Ghana.
money property
abandoned by the enemy
NOTES
(a) The word “irregularly” in the paragraphs (b) and (c) refers to something done or
omitted contrary to law, regulations, orders or instructions, or contrary to
established practice or custom. The particulars of a charge must show the act
alleged was irregular.

35
 C.I.12.
Art. 103.10 A.F.R.

103.10—OFFENCES RELATING TO OPERATIONS—contd.

(b) A charge should not be laid under paragraph (d) if the “improper” conduct
alleged amounted merely to an error in judgment or incorrect action. The
element of dereliction of duty must have been present.
(c) The expression “active service” refers to the situation that exist when that
Armed Forces, or any part thereof or any officer or man thereof on active
service as defined in section 98 of the Armed Forces Act, 1962.

SPECIMEN CHARGES
Sec 18 (a) WHEN ON ACTIVE SERVICE, DID VIOLENCE TO A PERSON BRINGING
A.F.A MATERIAL TO THE ARMED FORCES
Particulars: In that he, at (place), on (date), assaulted one A.B., a tradesman who
was bringing fuel to (place), for the use of the Armed Forces.

Sec 18 (b) IRREGULARLY DETAINED MATERIAL BEING CONVEYED TO A UNIT

A.F.A OF THE ARMED FORCES
Particulars: in that he, at (place), on (date), when in charge of traffic control
(unit), detained for three hours a priority convey carrying ammunition to (unit), on
the pretext that he was required to search the said convoy.

Sec 18 (c) WHEN AN ACTIVE SERVICE, IRREGULARLY APPROPRIATED TO THE

UNIT OF THE ARMED FORCES WITH WHICH HE WAS SERVING
MATERIAL BEING CONVEYED TO ANOTHER UNIT OF FORCES CO-
OPERATING WITH THE ARMED FORCES
Particular: in that he, at (place), on (date), while acting as driver of vehicle
(number) (unit), carrying blankets to (unit) of the name (name of forces), a force
co-operating with the Armed forces, without authority unloaded three bales of the
said blankets and placed them in the store-room of the (name of unit).

Sec 18 (d) WHEN ON ACTIVE SERVICE, WITHOUT ORDERS FROM HIS SUPERIOR
OFFICER IMPROPERLY DESTROYED PROPERTY
Particulars: In that he, at (place), on (date), having come into possession of
enemy documents relating to the order of battle which it was his duty to preserve,
without orders from his superior officer, destroyed those documents.

Sec 18 (e) BROKE INTO HOUSE IN SEARCH OF PLUNDER

A.F.A
Particulars: in that he, at (place), on (date), in (country), broke open the front
door of a dwelling-house No.-in street; and entered it in search of plunder.

36
 C.I. 12.
A.F.R. Art. 103.11

103.10—OFFENCES RELATING TO OPERATIONS—contd.

COMMITTED AN OFFENCE AGAINST THE PERSON OF AN INHABITANT OF A Sec 18 (f)

COUNTRY IN WHICH HE WAS SERVING A.F.A

Particulars: in that he, at (place), on (date), in (country), assaulted A.B., an

inhabitant of that country.

WHEN ON ACTIVE SERVICE STOLE FROM THE PERSON OF A PERSON Sec 18 (g)
A.F.A
KILLED IN THE COURSE OF WARLIKE OPERATION
Particulars: In that he, at (place), on (date), when on active service did steal a
watch from the body of A.B., a person killed in an air raid.

STOLE MONEY THAT HAD BEEN LEFT UNPROTECTED IN Sec 18 (h)

A.F.A
CONSEQUENCE OF WARLIKE OPERATION
Particulars: in that he, at (place), on (date), did steal the sum of…….................
left unprotected in the offices of the Acme Trust Association when such offices
were vacated by reason of an enemy air raid.

WHEN ON ACTIVE SERVICE TOOK OTHERWISE THAN FOR THE Sec 18 (i)
A.F.A
PUBLIC GOOD PROPERTY ABANDONED BY THE ENEMY
Particulars: in that he, at (place), on (date), when an active service took and sold
to A.B., a civilian, a motor vehicle numbered XY-231, which had been abandoned
by the enemy.

103.11—MUTINY WITH VIOLENCE

(1) Section 19 of the Armed Forces Act, 1962 provides;
“19. Every person who joins in a mutiny that is accompanied by violence
shall be guilty of an offence and on conviction shall be liable to suffer death or
any less punishment provided by this act”.
(2) The statement of the offence in a charge under section 19 should be in the
following form:
Joined in a mutiny accompanied by violence.

NOTES
The word “mutiny” is defined in section 98 of the Armed Forces Act, 1962.
doubts may well arise whether an officer or man present when a mutiny occurs,
actually joined in or not. Where any doubt exists, an alternative charge may be
laid under section 21 (c) of the Armed Forces Act, 1962 which makes it an
offence to be present at a mutiny and not use utmost endeavours to suppress it.

37
C.I. 12
Art. 103.11 A.F.R.

103.11—MUTINY WITH VIOLENCE—contd.

SPECIMEN CHARGES

JOINED IN A MUTINY ACCOMPANIED BY VIOLENCE

Sec 19 Particulars: In that he, at (place), on (date), joined in a mutiny with other men on
A.F.A the (unit), to resist and offer violence to their superior officers in the execution of
their duty, in the course of which mutiny (number, rank, name), one of the (unit’s)
officers was struck about the face by the mutineers.

103.12—MUTINY WITHOUT VIOLENCE

(1) Section 20 of the Armed Forces Act, 1962 provides:
“20. Every person who joins in a mutiny that is not accompanied by
violence shall be guilty of an offence and on conviction shall be liable to
imprisonment for life or to any less punishment provided by this Act and, in the
case of a ringleader of the mutiny to suffer death or to any less punishment
provided by this Act.”
(2) The statement of the offence in a charge under section 20 should be in the
following form:
Joined (as a ringleader) in a mutiny not accompanied by violence.

NOTES
A “ringleader” is merely a leader and a person may be treated as a ringleader who is a
leader in the carrying on of a mutiny. There may, of course, be more ringleaders than one
in a particular mutiny.

SPECIMEN CHARGES
JOINED AS RINGLEADER IN A MUTINY NOT ACCOMPANIED
BY VIOLENCE
Particulars: In that he, at (place), on (date), joined with other men of the (unit) in
refusing to perform their lawful duties, in which mutiny he acted as a ringleader
by exhorting and encouraging others to continue the mutiny.

103.13—OFFENCES CONNECTED WITH MUTINY

(1) Section 21 of the Armed Forces Act, 1962 provides:
“21. Every person who—
(a) causes or conspires with any other person to cause a mutiny;
(b) endeavours to persuade any person to join in a mutiny;
(c) being present, does not use his utmost endeavours to suppress a mutiny;
or

38
 C.I. 12.
A.F.R. Art. 103.13

103.13—OFFENCE CONNECTED WITH MUTINY—contd.

(d) being aware of an actual or intended, does not without delay
inform his superior officer thereof, shall be guilty of an offence
and on conviction
shall be liable to imprisonment for life or to any less punishment provided by this
Act”

(2) The statement of the offence in a charge under section 21 should be in the
following form:
(a) Caused a mutiny
Conspired with another person to cause a mutiny
(b) Endeavoured to persuade another person to join in a mutiny
(c) Being present, did not use his utmost endeavours to suppress a mutiny
(d) Being aware of an actual mutiny, did not without delay
Intended inform his superior officer
thereof.

NOTES
(a) To constitute the offence of conspiracy under the Code of Service
Discipline, there must be a combination of two or more persons who have
agreed and intend to accomplish an unlawful purpose or by unlawful
means a purpose not in itself unlawful.
(b) The agreement in a conspiracy need not:
(i) be in any particular form or manifested in any formal words, or
(ii) expressly declare the means by which the conspiracy is to be
accomplished or what part each conspirator is to play .
(c) The minds of the parties to the conspiracy must arrive at a common
understanding to accomplish the object of the conspiracy.
(d) A conspiracy to commit an offence is a different and distinct offence from
the offence which is the object of the conspiracy. While both the
conspiracy and the consummated offence of mutiny in this case may be
charged and tried, it is preferable to avoid a multiplicity of charges and if
it is thought necessary to lay a charge of conspiracy as well as a charge for
the offence of mutiny, they should be laid in the alternative.
(e) A person may be tried for conspiring to cause a mutiny although the
conspiracy proved abortive and no mutiny took place.

SPECIMEN CHARGES

CONSPIRED WITH ANOTHER PERSON TO CAUSE A MUTINY Sec 21(a)

Particulars: In that he, at (place) on (date), combined with (number, rank and name) or
(“with certain other persons unknown”) to address other men of (unit) and to exhort them
to refuse to turn out for any further parades.
39
 C.I. 12.
Art. 103.13 A.F.R.

103.13—OFFENCES CONNECTED WITH MUTINY

Sec 21(b) ENDEAVOURED TO PERSUADE ANOTHER PERSON TO JOIN IN A MUTINY
A.F.A
Particulars: In that he, at (place), on (date), endeavoured to persuade (number,
Rank and name) to join him in refusing to obey the orders of the commanding
officer to report for duty.
Sec 21(c) BEING PRESENT, DID NOT USE HIS UTMOST ENDEAVOURS TO SUPPRESS A
A.F.A MUTINY
Particulars: In that he, at (place), on (date), being present when men of his unit
refused to carry out the task assigned to them by competent authority made no
attempt to suppress the mutiny.

Sec 21(d) BEING AWARE OF AN INTENDED MUTINY, DID NOT WITHOUT DELAY
INFORM HIS SUPERIOR OFFICER THEREOF
Particulars: In that he, at (place), on (date), knowing that the airman of …
squadron,...(station, intended to resist and offer violence to their superior officers
in the execution of their duty, did not inform his superior officer of that fact.

103.14—DISOBEDIENCE OF LAWFUL COMMAND

(1) Section 22 of the Armed Forces Act, 1962,provides;
“22 Every person who disobeys a lawful command of a superior officer
shall be guilty of an offence and on conviction shall be liable to imprisonment for
life or to any less punishment provided by this Act.”
(2) The statement of the offence in a charge under section 22 should be in the
following form:
Disobeyed a lawful command of superior officer.
(3) No charge under section 22 shall be valid if the command was given by a person
below the rank of lance-corporal or lance-bombardier (army), leading rating
(navy) or corporal (air force).
NOTES
(a) The expression “superior officer” is defined in section 98 of the Armed
Forces Act, 1962 to mean any officer or man who, in relation to any other
officer or man, is by that Act, or by regulation or by custom of the
appropriate force authorized to give a lawful command to that other
officer or man.
(b) A service tribunal should be satisfied, before conviction, that the Accused
knew that the person, with respect to whom the offence prescribed in this
section was committed, was a superior officer. If the superior did not wear
the insignia of his rank, and was not personally known to the accused,
evidence would be necessary to show that the accused was otherwise
aware that he was his superior officer.

40
 C.I. 12.
A.F.R. Art. 103.14

103.14—DISOBEDIENCE OF LAWFUL COMMAND—contd.

(c) Where the accused is charged with an offence against a superior officer
who is of the same rank, evidence must be adduced to show that the latter
is his superior on some other grounds, for example by reason of the
appointment which the superior officer holds.
(d) When the accused is alleged to have disobeyed an order given to him by a
person below the rank of corporal, lance-corporal, leading rating in
circumstances requiring the accused to obey the order, the charge should
be laid under section 54 (see article 103.47—“Conduct to the Prejudice of
Good Order and Discipline”). For example, if a leading aircraftman has
been placed in charge of a working party, disobedience of his orders
relating to the work. being done would properly be dealt with, not under
section 22 but under section 54.
(e) To establish an offence under this section it is necessary to prove non-
compliance with a command, i.e. disobedience. The disobedience must
relate to the time when the command is to be obeyed and may arise from
the failure to comply at once with a command which require a prompt and
immediate obedience, or failure to take a proper opportunity to carry out a
command which requires compliance sometime in the future. A person
must therefore have, and fail to take, the opportunity of carrying out a
command before it is an offence under this section. One who merely says
“I will not do it” does not disobey a command if in fact he repents and
carries it out when it is to be done, although he may be liable under section
54 (article 103.47—“Conduct to the Prejudice of Good Order and
Discipline”).
(f) An omission arising from misapprehension is not an offence under this
section, nor is failure to obey a command where obedience would be
physically impossible.
(g) A command, in order to be lawful must be one relating to military duty,
i.e., the disobedience of which must tend to impede, delay or prevent a
military proceeding. A superior officer has the right to give a command
for the purpose of maintaining good order or suppressing a disturbance or
for the execution of military duty or regulation or for a purpose connected
with the welfare of troops or for any generally accepted details of military
life. He has no right to take advantage of his military rank to give a
command which does not relate to military duty or usage or which has for
its sole object the attainment of some private end.
(h) To establish an offence under this section, it is not necessary to prove that
the command was given personally by the superior officer. It is sufficient
to show that it was given on behalf of the superior officer by some one
whom the accused might reasonably suppose to have been duly authorized
to notify him of the command.

41
C.I. 12
Art. 103.14 A.F.R.
103.14—DISOBEDIENCE OF LAWFUL COMMAND—contd.

(i) A civilian cannot give “a lawful command’ to members of the service but
it may well be the duty of an officer or man to do the act indicated apart
from any order, and if he does not do so, he may be liable under section 54
(article 103.47-“Conduct to the Prejudice of Good Order and Discipline”).
(j) Religious beliefs or other scruples, even though held in good faith are no
excuse for disobedience of orders.
(k) The command must be a lawful one; for example, an officer or man is
justified in refusing to sign a receipt for his pay if he considers it to be
incorrect, even if ordered to sign it.

SPECIMEN CHARGES
Sec 22 DISOBEYED A LAWFUL COMMAND OF A SUPERIOR OFFICER
AFA
Particulars: In that he, at (place), on (date), did not leave the canteen when
ordered to do so by (number, rank and name).
103.15—STRIKING OR OFFERING VIOLENCE TO A SUPERIOR OFFICER
(1) Section 23 of the Armed forces Act, 1962 provides:
“23. Every person who strikes or draws or lifts up a weapon against or
uses or offers violence against a superior officer shall be guilty of an offence and
on conviction shall be liable to imprisonment for life or to any less punishment
provided by this Act.
(2) The statement of the offence in a charge under section 23 should be in one of the
following forms:
Drew
Lifted a weapon against a superior officer
up

Used
offered violence against a superior officer

(3) No charge under section 23 shall be valid if the person alleged to be a superior
office is a person below the rank of lance-corporal or lance –bombardier (army),
leading rating (navy) or corporal (air force).

NOTES

(a) The expression “superior officer” is defined in section 98 of the Armed

Forces Act, 1962 to mean any officer or man who, in relation to any other
officer or man, is by that Act, or by regulation or by custom of the service,
authorized to give a lawful command to that other officer or man.

42
 C.I. 12.
A.F.R. Art. 103.15
103.15—STRIKING OR OFFERING VIOLENCE TO A SUPERIOR OFFICER—
contd.

(b) A service tribunal should be satisfied, before conviction, that the accused
knew that the person, with respect to whom an offence prescribed, in this
section, was committed, was a superior officer. If the superior did not
wear the insignia of his rank, and was not personally known to the accused
evidence would be necessary to show that the accused was otherwise
aware of that he was his superior officer.
(c) Where the accused is charged with an offence against a superior officer
who is of the same rank, evidence must be adduced to show that the latter
is his superior on some other ground, for example, by reason of the
appointment which the superior officer holds.
(d) “Strikes” means that a blow is struck with the hands or fist or something
which is held in the hand.
(e) “Uses violence” includes all forms of violence other than striking Kicking
and butting with the head should be charged as “using violence” and not
as “striking”.
(f) The words “offers violence” include any threatening gesture or act which,
if complete, would end in violence, but they do not extend to an insulting
or impertinent gesture or act from which violence could not result. For
example, a man throwing down arms on parade, but in such a direction
that they could not strike a superior officer, could not be deemed to have
offered violence within the meaning of this section. On the other hand, the
throwing of arms at or the pointing of a loaded fire-arm at a superior
would amount to offering violence. Conduct not amounting to offering
violence, but which is insubordinate in nature, would properly be charged
under section 54 (article 103.47—“Conduct to the Prejudice of Good
Order and Discipline”) or might amount to “behaving with contempt”
under section 24 (article 103.16—“Insubordinate Behaviour”).
(g) If violence is used in self-defence and it is shown that it was necessary, or
at the moment the accused had reason to believe that it was necessary for
his actual protection from injury and that he used no more violence than
was reasonably necessary for that purpose, he is legally justified in using
it, and commits no offence.
(h) Unless it is established that violence is needed for self-defence
provocation is not a ground of acquittal but tends merely to mitigate the
punishment. Evidence of provocation, if tendered must be admitted.
(i) See section 56 (article 103.49—“conviction for related or less serious
offences”) under which a person charged with any one of the offences
prescribed in this section may be found guilty of any other offences
prescribed in this section.

43
 C.I. 12.
Art. 103.15 A.F.R.

103.15—STRIKING OR OFFERING VIOLENCE TO A SUPERIOR OFFICER—

contd.
SPECIMEN CHARGES

Sec 23 STRUCK A SUPERIOR OFFICER

A.F.A Particulars: In that he, at (place), on (date), hit (number, rank and name) on the
head with a stick.
Sec 23 USED VIOLENCE AGAINST A SUPERIOR OFFICER
A.F.A
Particulars: in that he, at (place), on (date), pushed (number, rank and name)

103.16—INSURBORDINATE BEHAVIOUR
(1) Section 24 of the Armed Forces Act, 1962 provides:
“24. Every person who uses threatening or insulting language to or
behaves with contempt toward a superior officer shall be guilty of an offence and
on conviction shall be liable to dismissal with disgrace from the Armed Forces or
any less punishment provided by this Act”.

(2) The statement of the offence in a charge under section 24 should be in the
following form:
Used threatening
language to
Used insulting a superior officer
Language to
Behaved with
contempt toward

(3) No charge under the section 24 shall be valid if the person alleged to be a superior
officer is a person below the rank of lance-corporal or lance-bombardier (army), leading
seaman (navy) or corporal (air force).

NOTES
(a) The expression “superior officer” is defined in section 98 of the Armed
Forces Act, 1962 to mean any officer or man who, in relation to any other
officer or man, is by that Act, or by regulation or by custom of the service,
authorized to give a lawful command to that officer or man.
(b) A service tribunal should be satisfied, before conviction that the accused
knew that the person, with respect to whom an officer prescribed in this
section was committed, was a superior officer. If the superior did not wear
the insignia of his rank, and was not personally known to the accused,
evidence would be necessary to show that the accused was otherwise
aware that he was his superior officer.

44
 C.I. 12.
A.F.R. Art. 103.17

103.16—INSUBORDINATE BEHAVIOUR—contd.

(c) Where the accused is charged with an offence against a superior officer
who is of the same rank, evidence must be adduced to show that the later
is his superior on some other grounds, for example, by reason of the
appointment which the superior officer holds.
(d) When the accused is alleged to have used threatening or insulting
language to or to have behaved with contempt toward a person below the
rank of corporal the charge should be laid under section 54 (see Article
103.47—“Conduct to the Prejudice of Good Order and Discipline”).
(e) Where a charge is for using threatening or insulting language, the
particulars must state the expressions or their substance and the superior
officer to whom they were addressed.
(f) In the case of threatening or insulting words, they must have been
expressed to a superior officer and with an insubordinate intent, that is to
say, they must be, either in themselves, or in the manner or circumstances
in which they were spoken, insulting or disrespectful.
(g) In the case of contemptuous behaviour, the act or omission complained of
must have been within the sight of the superior officer in question.
(h) Insubordinate language or conduct not falling within Notes (f) or (g) may
only be charged under section 54 (article103.47—“Conduct to the
Prejudice of Good Order and Discipline”).
(i) Mere abusive or violent language used by or contemptuous behaviour on
the part of a drunken person should not be charged under this section. As a
general rule, the interest of discipline would be served by laying a charge
under section 33 (article 103.26—“Drunkenness”) or section 54 (article
103.47-“Conduct to the Prejudice of Good Order and Discipline”).

SPECIMEN CHARGES
Sec. 24
USED THREATENING LANGUAGE TO A SUPERIOR OFFICER A.F.A.

Particulars: in that he, at (place), on (date), said to (number, rank and name) I’ll
catch up with you some dark night, and you will wind up in hospital or words to
that effect.

103.17—QUARRELS AND DISTURBANCES

(1) Section 25 of the Armed Forces Act, 1962 provides:
“25. Every person, who quarrels or fights with any other person who is subject to
Code of Service Discipline, or who uses provoking words or gestures towards a person so
subject tending to cause a quarrel or disturbance shall be guilty of an offence and on
conviction shall be liable to imprisonment for less than two years or to any less
punishment provided by this Act”.
45
 C.I. 12
Art. 103.17 A.F.R.

103.17—QUARRELS AND DISTURBANCES—contd.

(2) The statement of the offence in a charge under section 25 should be in one of the
following forms:
Quarrelled with a person subject to the
Fought Code of Service Discipline
words towards a person subject to the quarrel
Used provoking gestures Code of Service Discipline,
tending to cause a disturbance

NOTES
The offences in section are prescribed so that those in authority with have a suitable
means of suppressing quarrels or disturbances in circumstances in which they might have
serious consequences. For example, a fight in a ship, in an aircraft, or in a place where
explosive substances or valuable and delicate apparatus is situated, might produce
extremely serious results. Charges should not be laid indiscriminately under this section
for mere isolated squabbles.

SPECIMEN CHARGES
Sec 25 USED PROVOKING WORDS TOWARDS A PERSON SUBJECT TO THE
A.F.A CODE OF SERVICE DISCIPLINE, TENDING TO CAUSE A QUARREL
Particulars: In that he, at (place), on (date), said to (number, rank and name) “If
you weren’t afraid of him, you would take (rank and name) outside and teach him
a lesson” or words to that effect.

103.18—DISORDERS
(1) Section 26 of the Armed Forces Acts, 1962 provides:
“26. Every person subject to the Code of Service Discipline who-
(a) being concerned in a quarrel, fray or disorder, refuses to obey an officer,
though of inferior rank, who orders him into arrest, or strikes, or uses or
offers violence to any such officer,
(b) strikes or uses or offers violence to any other person in whose custody he
is placed, whether or not such other person is his superior officer and
whether or not such other person is subject to the Code of Service
Discipline,
(c) breaks out of barracks, station, camp, quarters or ship,
shall be guilty of an offence and on conviction shall be liable to imprisonment for less
than two years or to any less punishment provided by this Art”.
(2) The statement of offence in a charge under section 26 should be in one of the
following forms:
(a) refused to obey
quarrel struck an officer who ordered
Being concerned in a fray him into arrest.
used violence to
disorder, offered violence to

46
 C.I. 12.
A.F.R. Art. 103.18

103.18—DISORDERS—contd.
(b)
Struck
Used violence to a person in whose custody
Offered violence to he was placed

(c) apprehend him

Resisted an escort whose duty it was to
have him in charge
(d)
barracks
Broke out of station
camp
quarters
ship
NOTES
(a) The words “offers violence” in paragraphs (a) and (b) include any defiant
gesture or act that, if completed, would end in violence but do not extend
to an insulting or impertinent gesture or act from which violence could not
result.
(b) A charge might be laid under paragraph (b) of assaulting a civilian
policeman. If the person committing the assault has lawfully been placed
in the custody of the policeman.
(c) The offence of resisting, prescribed in paragraph (c), may be committed
even if the resistance is passive. A man lying down and refusing to move,
if physically able to move, “resist”. Threats or a threatening attitude
which in fact impede his arrest may amount to resisting an escort. The
particulars of the charge should specify the nature of the resistance.
(d) The offence of breaking out under paragraph (d) consists of quitting
barracks, etc., at a time when the accused had no right to do so, either
because he was on duty or under punishment, or because of some
regulation, order or instruction; and it is immaterial whether the offence
was accompanied by violence, stratagem, disguise or simply by walking
past a sentry. Where the accused has remained absent for some time after
breaking out of barracks, he should normally be charged only with
desertion or absence without leave. The mode in which the act was
effected will, however, assist the commanding officer in determining
whether to deal with it as an offence under this section, or to treat it as
amounting to desertion or absence without leave. The particulars of the
charge must show that the absence was without permission, or otherwise
unlawful. A charge of breaking out of quarters, etc., may be laid in a case
of a person quartered in one part of a barrack who improperly leaves that
part for another part where he had no right to be.

47
C.I. 12
Art. 103.18 A.F.R.

103.18—DISORDERS—contd.

SPECIMEN CHARGES
BEING CONCERNED IN A QUARREL, STRUCK AN OFFICER WHO
Sec 26 (a) ORDERED HIM INTO ARREST
A.F.A
Particulars: In that he, at (place), on (date), being engaged in a quarrel with
(number, rank and name) struck the said (number, rank and name) who ordered
him into arrest.

Sec 26 (b) OFFERED VIOLENCE TO A PERSON WHOSE CUSTODY HE WAS

A.F.A PLACED
Particulars: In that he, at (place), on (date), while close custody, threatened
with a length of pipe (number, rank and name) a person in whose custody he
was placed.
Sec 26 (c) BROKEN OUT OF STATION
A.F.A
Particulars: In that he, (place), on (date), being under punishment of
confinement to barracks, quitted his station.

103.19—DESERTION
(1) Section 27 of the Armed Forces Act, 1962 provides:
“27. (1) Every person who deserts shall be guilty of an offence and on
conviction, if he committed the offence on active service or when under orders for
active service, shall be liable to imprisonment for life or to any less punishment
provided by this Act, and in any other case shall be liable to imprisonment for a
term not exceeding five years or to any less punishment provided by this Act.
(2) For the purposes of this act a person deserts who-
(a) being on or having been warned for active service or other
important Service, is absent without authority with the intention
of avoiding that service;
(b) having been warned that his vessel is under sailing orders, is
absent without authority, with the intention of missing that
vessel;
(c) absent himself without authority from his unit or formation or
from the place where his duty requires him to be, with the
intention of not returning to that unit, formation or place;
(d) is absent without authority from his unit or formation or from the
place where his duty requires him to be and at any time during
such absence forms the intention of not returning to that unit,
formation or place; or
(e) while absent with authority from his unit or formation or the
place where his duty requires him to be, with the intention of not
returning to that unit, formation or place, does any act, or omits
to do anything the natural and
48
 C.I. 12.
A.F.R. Art. 103.19

103.19—DESERTION—contd.
probable consequence of which act or omission is to preclude his return to
that unit formation or place at the time required.
(3) A person who has been absent without authority for a continuous period of
six months or more shall, unless the contrary is proved, be presumed to have
deserted for the purposes of this Act”.
(2) The statement of the offence in a charge under section 27 should be in one of the
following forms:
When on active service, deserted
When under order for attempted to
active service, desert

NOTES
(a) It is an essential ingredient of the offence of the desertion that the accused
must have had a wrongful intent. The question as to whether an accused
intended not to return, or did any act which showed that he had an intention
of not returning, is in each case a question of fact to be decided by the
service tribunal upon the evidence submitted in the course of the trial.
Prolonged absence which the accused fails to explain may be taken into
account by the service tribunal as one of the factors relevant to the issue of
whether he intended not to return. Where however, the absence has lasted
for six months or more, section 27 (3) of the Armed Forces Act, 1962
applies. Evidence relating to the following questions may assist the court in
determining whether the accused intended to return:
(i) Did the accused make any remark indicating that he did not intend to
return?
(ii) Were the circumstances in which the accused was living during his
absence inconsistent with an intention of returning?
(iii) Did the accused change his name during absence?
(iv) Was the state of the accused’s kit inconsistence an intention of
returning?
(b) In order to establish an offence of attempting to desert, the following three
element must be proven:
(i) An intent to commit the offence of desertion.
(ii) An act or omission towards the commission of the offence of
desertion. An intent to desert is not sufficient alone if nothing is
done to carry it into effect. A distinction must, however, be drawn
between acts or omissions toward the commission of an offence of
desertion and those which are mere preparations. It is not possible to
draw a clear line of distinction but, in general, preparation consists in
devising or arranging the means for the commission of an offence
while an act or omission sufficient to support a charge of attempting

49
 C.I. 12
Art. 103.19 A.F.R.

103.19—DESERTION—contd.
to desert must involve a direct movement towards the commission of
the offence after the preparations have been made. For example, a
person, having intent to desert, might pack his kit. That fact would
merely be a stage in his preparations and not such an act as to justify
charge of attempting to desert. An example of an act justifying a
charge of attempting to desert would be the scaling of a fence
surrounding the camp after preparations indicating an intent to desert.

(c) The offence of desertion is committed even though the accused person
may have left his place of duty with the intention of joining another unit.
It is not necessary to prove that he intended to leave the Armed Forces.

(d) The expression “without authority’ in the section signifies that the accused
was absent with neither the approval of a competent superior nor the
sanction of law, practice or custom.

(e) See section 56 (article 103.49—“conviction for related or less serious

offences”) under which a person charged with desertion may be found
guilty of being absent without leave.

(f) The expression “active service” refers to the situation that exists when the
Armed Forces, or any part thereof or any officer or man therefore on
active service as defined section 98 of the Armed Forces Act, 1962.

SPECIMEN CHARGES

Sec 27 (a) DESERTED

A.F.A Particulars: in that he, at (place), on (date),when under order for the
“embarkation”, absented himself without authority from (unit), from (date) until
(date), with intent to avoid that embankment.

Sec 27 (b) DESERTED

A.F.A Particulars: in that he, at (place), on (date), without authority absented himself
from (unit), until apprehended at (place) on (date).

103.20—CONNIVANCE AT DESERTION, ETC—

(1) Section 28 of the Armed Forces Act, 1962 provides:
“28. Every person who—
(a) being aware of the desertion or intended desertion of a person from any of
the Armed Forces, does not without reasonable excuse inform his superior
officer forthwith, or

50
 C.I. 12.
A.F.R. Art. 103.20

103.20—CONNIVANCE AT DESERTION, ETC—contd.

(b) fails to take any steps in his power to cause apprehension of a person
known by him to be a deserter, shall be guilty of an offence and on
conviction shall be liable to imprisonment for less than two years or any
less punishment provided by this Act.”
(2) The statement of the offence in a charge under section 28 should be in one of the
following forms:
(a) Desertion of a person from the Armed Forces
Being aware of the Intended did not without reasonable excuse
Desertion inform his superior officer forthwith.
(b)
Failed to take steps in his power to cause the apprehension at a person
known to him be a deserter.

NOTES

(a) The time at which the accused person became ware of the desertion or
intended desertion, and, if he gave notice, to his superior officer, the time
at which he gave notice, are material and should be specified in the
particulars of the charge.

(b) If a charge is laid under paragraph (b), a statement must be made in the
particulars of the charge as to the steps which were within the power of the
accused person to take in order to cause the deserter to be apprehended.

SPECIMEN CHARGES

BEING AWARE OF THE INTENDED DESERTION OF A PERSON FROM THE Sec. 28 (a)
ARMED FORCES, DID NOT WITHOUT REASONABLE EXCUSE IN FORM A.F.A.
HIS SUPERIOR OFFICER FORTHWITH

Particulars: In that he, at (place), on (date), knowing that (number, rank and name),
intended to desert the Armed Forces, did not inform his superior officer, (number,
rank and name), of that fact.

FAILED TO TAKE STEPS IN HIS POWER TO CAUSE THE APPREHENSION Sec. 28 (b)
OF A PERSON KNOWN TO HIM TO BE A DESERTER A.F.A.

Particulars: in that he, at (place), on (date), knowing that (number, rank and name),
was a deserter, on encountering the said (rank and name), failed to cause his
apprehension.

51
C.I. 12
Art. 103.21 A.F.R.

103.21—ABSENCE WITHOUT LEAVE

(1) Section 29 of the Armed Forces Act,1962 provides:
“29. (1) Every person who absents himself without leave shall be guilty of an
offence and on conviction shall be liable to imprisonment for less than two years
or to any less punishment provided by this Act.
(2) A person absents himself without leave who—
(a) without authority leaves his unit or formation or the place where
his duty requires him to be;
(b) without authority is absent from his unit or formation or the place
where his duty requires him to be: or
(c) having been authorised to be absent from his unit or formation or
the place where his duty requires him to be, fails to return to that
unit, formation or the place at the expiration of the period for
which his absence his was authorised”
(2) The statement of the offence in a charge under the section 29 should be in the
following form:
Absented himself without leave.

NOTES
(a) The offence of absence without leave is defined in subsection (2) of section
29 of the Armed Forces Act, 1962. When the offence has been committed it
is regarded as continuing until such time as the absentee returns to his place
is duty or the absence ceases to be “without authority”. Accordingly, the
circumstances under which it was committed, the length of absence and the
circumstance of its termination, e.g. by apprehension or surrender, are
material to the gravity of the offence and taken into consideration for this
purpose and for administrative purposes, having regard to the effect on pay
which is a consequence of a conviction for this offence.
(b) A person who escapes from custody and thus absents himself without leave
may legally be charged and convicted of both offences; but as a rule, it is
preferable to charge only the absence without leave, alleging in the
particulars, for purposes of increasing the gravity of the offence that it was
committed “when in custody”.
(c) An officer or man charges with deserted may, under section 56 (see article
103.49—“Conviction for related or less serious offence”) be found guilty of
absence without leave; but if charged only with absence without leave he
cannot be convicted of desertion.

DRAFTING CHARGES
(d) The particulars should state the date that the absence began and the date that
it ended and, if significant for the purpose of proving a day’s absence, the
hour of department and return.

52
 C.I. 12.
A.F.R. Art. 103.21

103.21—ABSENCE WITHOUT LEAVE—contd.

(e) Where a person is charged with absenting himself from a particular parade,
that the parade should be specified in the particulars of the charge (it must be
proved that the accused knew or should have known of the time and place
appointed by the commanding officer, but the place for the parade need not
have been specifically mentioned if it can be proved that it was well
understood and known to the accused. Such a charge should seldom be
preferred unless orders stating both the time and place of parade can be
produced).
INTENT
(f) It is not necessary to establish that an absentee had a specific intent to commit
the offence. As long as there are no circumstances amounting in law to a
defence (and it may be so presumed until it is raised by the defence) the fact
of the absence without authority together with the knowledge the absentee had
or is presumed to have had as to his duty to be where required if wanted is
sufficient to establish a guilty state of mind, whether the absence was
deliberate or arose from forgetfulness, carelessness or negligence.

TERMS USED IN DEFINITION

(g) “Where his duty requires him to be” is question of fact to be decided by the
service tribunal from the evidence submitted to it and the service tribunal must
call upon military knowledge, practice and custom to determine the issue in
each case. Normally it is the duty of an officer or man to be with his unit at a
place where he ought to be found if wanted or where his duties take him.
However he may have place of duty with a particular part of the unit at a
particular time and place and his duty is to be there at that time. Subject to
Note (i), it is customary to regard an officer or man in hospital as being at his
place of duty.
(h) The expression “without authority” in this section signifies that the accused
was absent with neither the approval of competent superior, nor the sanction
of law, practice or custom. It has been the practice not to regard a man as
absent without authority who while on authorized leave becomes too ill to
travel without severely affecting his health or is detained by civil or service
authorities and thus unable to report on time, unless he fails to rejoin at the
earliest opportunity after his recovery or release from custody and then to
regard him as being absent only from the date on which he could have
returned.
TERMINATION
(i) Absence without leave terminates when an absentee returns to the place where
for the time being he has a duty to be. It has been customary to consider
absence as terminated on the date an absentee finally surrenders to or is
apprehended by civil or service authorities or is admitted to a military
hospital,
53
C.I. 12.
Art. 103.21 A.F.R.

103.21—ABSENCE WITHOUT LEAVE—contd.

and normally this is the date which be should be taken. Absentee who is
admitted to a civilian hospital or is arrested by the civil police and committed
to civil custody is generally regarded as having ceased to be absent on the date
of his admission or arrest but if he does not rejoin his unit as soon as
practicable after discharge from hospital or release from civil custody, he may
be regarded as having been absent without leave from the time he was first
absent unit he is apprehended or surrenders.
(j) The mere reporting by an absentee to a civil or military authority will not of
itself terminate absence without leave nor will the mere giving orders to an
absentee to return to his unit. If, however, on reporting the absentee is taken
into custody or is treated under service orders custom or practice as having
ceased to be absent, his absence will be considered to have terminated.

DRAFTING CHARGES
(k) Illustrations of circumstances which might be considered not to excuse an
offence under this section:
(i) The lack of orders to report when an officer or man has been told
that orders as to reporting will be sent to him at home. (There is a
duty to ask for orders should none reach him within a reasonable
time and the period between the date any honest and reasonable
person would recognize as the date such orders should normally
have arrived and the date of actually reporting may be regarded as
absence without leave);
(ii) A man getting so drunk that he is unable to return in time;
(iii) A man going to sleep when returning to duty, carried past his
station or unit and able to get back in time;
(iv) A man losing his railway ticket and having insufficient money to
get back in time;
(v) Failing to leave home in time to be on parade;
(vi) Failing to catch a train to return from leave on time;
(vii) Failing to obey an order of which he ought to have been aware
(although misapprehension arising from want of clarity in the order
may be ground for excuse).

SPECIMEN CHARGES

Sec 29 ABSENTED HIMSELF WITHOUT LEAVE

A.F.A.
Particulars: in that he, at (time) hours, (date), without authority was absent from
(unit) and remained absent until (time) hours, (date).

54
 C.I. 12.
A.F.R. Art. 103.23

103.21—ABSENCE WITHOUT LEAVE—contd.

ABSENTED HIMSELF WITHOUT LEAVE Sec 29

A.F.A.
Particulars: in that he, at (place), on (date), without authority was absent from
colour-hoisting parade.

ABSENTED HIMSELF WITHOUT LEAVE Sec 29

Particulars: in that he failed to return to (unit), at (time hours, (date) on expiration A.F.A.
of his annual leave, and remained absent without authority until (time), hours,
(date).

103.22—FALSE STATEMENT IN RESPECT OF LEAVE

(1) Section 30 of the Armed forces Act, 1962 provides:
“30. Every person who knowingly makes a false statement for the purpose of
prolonging his leave of absence shall be guilty of an offence and on conviction
shall be liable to imprisonment for less than two years or to any less punishment
provided by this Act”.
(2) The statement of the offence in a charge under section 30 should be in the
following form:
Knowingly made a false statement for the purpose of prolonging his leave of
absence.
NOTES
This section applies only to a false statement made in order to obtain extension of leave;
for example, a false statement to the effect that a close relative is seriously ill and,
therefore, additional leave is required. It does not relate to false excuses for over-staying
leave.
SPECIMEN CHARGE

KNOWINGLY MADE A FALSE STATEMENT FOR PURPOSE OF Sec 30

PROLONGING HIS LEAVE OF ABSENCE A.F.A.
Particulars: in that he, on (date), sent a telegram from (place), to the commanding
officer of (unit), stating that his wife was seriously ill and that he therefore
required a two-week extension of leave, knowing that his wife was not in fact ill.

103.23—ABUSE OF INFERIORS
(1) Section 31 of the Armed Forces Act, 1962 provides:
“31. Every person subject to the Code of service Discipline who strikes or
otherwise ill-treats any person in the Armed Forces who by reason of rank or
appointment is subordinate to him shall be guilty of an offence and on conviction
shall be liable to imprisonment for less than two years or to any punishment
provided by this Act”

55
 C.I. 12.
Art. 103.23 A.F.R.

103.23—ABUSE OF INFERIORS—contd.
(2) The statement of offence in a charge under section 31 should be in the following
form:

Struck a person in the Armed rank

Ill-treated Forces who by was subordinate to
appointment
reason of him.

NOTES
(a) Striking a sentinel may be a more serious offence under section 16 (article
103.08—“Offences Related to Security”).
(b) “Strikes” means that a blow is struck with the hand or fist or something which
is held in the hand. Violence other than striking, such as butting with the head,
and kicking, is included, for the purposes of this section under “ill-treatment”

SPECIMEN CHARGE

Sec 31 STRUCK A PERSON IN THE ARMED FORCES WHO BY REASON OF

A.F.A RANK WAS SUBORDINATE TO HIM
Particulars: in that he, at (place), on (date), struck with his fist (number, rank and
name), in the face.

103.24-CRUEL OR DISGRACEFUL CONDUCT

(1) subsection (2) of section 32 of the Armed Forces Act, 1962 provides:
“32 (2). Every person in the Armed Forces who behaves in a cruel or disgraceful
manner shall be guilty of an offence and on conviction liable to imprisonment for
a term not exceeding five years or to any less punishment provided by this Act”.
(2) The statement of the offence in a charge under section 32 (2) should be in the
following form:
cruel
Behaved in a manner.
disgraceful

NOTES
Offence involving indecency or unnatural conduct might be charged under this section
but, as general rule, should be charged under section 77 (article 103.61—“Service Trial
of Civil Offences”); that is to say, the service offence should be the offence prescribed in
the Criminal Code.
SPECIMEN CHARGE
Sec 32 BEHAVED IN CRUEL MANNER
A.F.A Particulars: in that he, at (place), on (date), burned a dog alive.

56
 C.I. 12.
A.F.R. Art. 103.26

103.25-SCANDALOUS CONDUCT BY OFFICERS, ETC.

(1) Subsection 1 of section 32 of the Armed Forces Act, 1962 provides:
“32. (1) Every officer who behaves in a scandalous manner unbecoming of an
officer shall be guilty of an offence and on conviction shall suffer dismissal from
the Armed Forces with or without disgrace.”

(2) The statement of the offence in a charge of under section 32 (1) should be in the
following form:
Behaved in a scandalous manner unbecoming of an officer.

NOTES
(a) It is to be noted that this offence relates only to officers and the service
tribunal may only impose one or the other of two alternative punishments on
conviction. An alternative charge might be laid under section 54 (article
103.47—“Conduct to the prejudice of Good Order and Discipline”).

(b) Scandalous conduct may be either military or social, but a charge based
upon social misconduct should not be preferred under this section unless it
is so grave as to warrant dismissal with or without disgrace from the Armed
Forces. Social misconduct which is not so grave as to reflect discredit upon
the service should not be made the subject of charge, but may well justify
reproof or logging (as applicable) or advice by a superior officer.

SPECIMEN CHARGE

BEHAVED IN A SCANDALOUS MANNER UNBECOMING AN OFFICER Sec. 32

A.F.A.
Particulars: in that he, at (place), on (date), at the Annual charity Ball, when in
uniform, used offensive language to (name), the wife of the Ambassador of….and
behave in a drunken and riotous manner.

103.26—DRUNKENNESS
(1) Section 33 of the Armed Forces Act, 1962 provides:
“33. (1) Every person in the Armed Forces who is drunk, whether or not on duty,
shall be guilty of an offence and on conviction shall be liable to imprisonment for
less than two years or to any less punishment provided by this Act.

(2) For the purposes of this section, a person is drunk if owing to the influence
of alcohol or any drug, whether alone or in combination with any other
circumstances, he is unfit to be entrusted with his duty or with any duty he might be
called upon to perform or behaves in a disorderly manner or in a manner likely to
bring discredit on the Armed Forces. ”

57
C.I. 12.
Art. 103.26 A.F.R.

103.26—DRUNKENNESS—contd.
(2) The statement of the offence in a charge under section 33 should be in one on the
following forms:
Drunkenness on Active Service.
Drunkenness on Duty.
Drunkenness.
NOTES
(a) The fact that the accused person was on duty at the time aggravate the
offence of drunkenness; but, in general when a person is unexpectedly
called on to perform some duty for which he has not been warned and is
found to be unfit for duty by reason of excessive indulgence in alcohol, the
fact he was not on duty at the time of the commission of the offence shall be
taken into consideration by service tribunal when awarding punishment.
(b) It is not necessary for the prosecutor to prove that the accused, through
liquor or any drug, was in any extreme condition nor is the accused entitled
to an acquittal by showing that on the occasion in question he could, or
actually did, do some duty without manifest failure. In short, if the service
of the tribunal, upon considering all the evidence, comes to the conclusion
that the he was through the intoxicating effect of liquor or any drug unfit to
be entrusted with his duty he may be found guilty on a charge this section.
(c) In a case of this nature, should there be any doubt as to the reason for the
accused’s condition, it is desirable that the opinion of a medical officer be
obtained at once in order that he may be able testify as to whether the
condition of the accused is attributable to illness or to the consumption of
alcohol or use of any drug. Any such evidence should not be based upon the
administration of a test as to drunkenness but merely upon the medical
officer’s opinion concerning the physical condition of the accused.
(d) A witness testifying that an accused person was drunk must state the reason
for his opinion.

SPECIMEN CHARGE

DRUNKENNESS
Particulars: in that he, at (place), on (date), was drunk.

103.27-MALINGERING OR MAIMING
(1) Sect ion 34 of the Armed Forces Act, 1962 provides:
“34. Every person subject to the Code of service Discipline who—
(a) Malingers or feigns disease or produces disease or infirmity;
(b) Aggravates, or delays the cure of any disease or infirmity by
misconduct or wilful disobedience of orders; or

58
 C.I. 12.
A.F.R. Art. 103.27

103.27—MALINGERING OR MAIMING—contd.
(c) Wilfully maims or injures himself or any other person who is in the
Armed Forces or of any forces co-operating therewith, whether at
the instance of that person or not, with intent thereby to render
himself or that other person unfit for service, or cause himself to be
maimed or injured by any person with intent thereby to render
himself unfit for service.
shall be guilty of an offence and on conviction, if he commits the offence on
active service or when under order for active service or in respect of a person on
active service or orders for active service shall be liable to imprisonment for life
or to any less punishment provided by this Act, and in any other case, shall be
liable to imprisonment for a term not exceeding five years or to any less
punishment provided by this Act”.
(2) The statement of the offence in a charge under section 34 should be in one of the
following forms:
(a)
when on active service malingered
disease
when under orders for produced infirmity
active service feigned

Malingered
Feigned
disease
Produced infirmity

In respect of a person
on active service disease
In respect of a person produced infirmity
under orders for
active service

(b) misconduct
When on active service aggravated
When under order for disease willful dis-
delayed the infirmity by obedience of
active service cure of orders
Aggravated
Delayed the disease misconduct
by wilful disobedience
cure of infirmity
of orders
In respect of a
person on
aggravated misconduct
active service. disease
delayed the by wilful disobedience
Person under infirmity
cure of of orders
orders for
active service

59
C.I. 12
Art. 103.27 A.F.R.

103.27—MALINGERING OR MAIMING—contd.
When on active service,
(c) wilfully
when under orders for maimed himself, with intent thereby to
active service, wilfully injured render himself unfit for service.
Willfully
When on active service,
by another person
When under orders for
caused himself to be injured with intent thereby
active service, wilfully
maimed to render himself
Wilfully
unfit for service
When on active service,
wilfully the Armed with intent
When under orders for maimed another person Forces, to render
active service, wilfully injured who is in co-operating that other
Wilfully With the person unfit
Armed Forces for service
on active
The Armed with intent
service
maimed Another and Forces, forces thereby to
Wilfully under
injured person who was who Co-operating render
order for
is With the that other
active
Armed Forces person unfit
service
for service

NOTES
(a) A charge of malingering should be laid only where the accused has
pretended illness or infirmity in order to escape duty.
(b) A charge of feigning disease or infirmity should be laid only where the
accused exhibits appearances resembling genuine symptoms which, to his
knowledge, are not due to such disease or infirmity, but have been induced
artificially for purposes of deceit, for example, simulating fits or mental
disease.
(c) The words “wilful” in paragraph (b) and “wilfully” in paragraph (c)
signify that the alleged offender knew what he was doing, intended to do
what he did, and was not acting under compulsion.
(d) The particulars of a charge under this section should show in what way an
accused person has malingered or what disease or infirmity he has feigned
or produced, or what particular injury has been inflicted, or of what
misconduct or wilful disobedience he has been guilty.
(e) The word “injures’ relates to a temporary condition whereas the word
“maims” relates to a permanent impairment.
(f) The expression “active service” refers to the situation that exists when the
Armed Forces, or any part thereof or any officer or man thereof, is on
active service as defined in section 98 of the Armed Forces Act, 1962.

60
 C.I. 12.
A.F.R. Art. 103.28

103.27—MALINGERING OR MAIMING—contd.
SPECIMEN CHARGES
MALINGERING
Particulars: In that he, at (place), on (date), with the intention of evading his Sec.34 (a)
duties, did not disclose that he had recovered the use of his right arm. AFA

FEIGNED INFIRMITY
Particulars: In that he, at (place), on (date), pretended to (number, rank and Sec.34 (a)
name), a medical officer of the Armed Forces, that he was suffering from a A F A
wrenched back, whereas, as he knew, he was not so suffering.

WHEN ON ACTIVE SERVICE, DELAYED THE CURE OF DISEASE BY

WILFUL DISOBEDIENCE OF ORDERS.
Particulars: In that he (place), on (date), when under medical treatment for a Sec.34 (b)
kidney infection and under orders not to consume alcoholic beverages for the A F A
duration of his treatment consumed a portion of a bottle of whisky, thereby,
delaying the cure of his disease.

WILFULLY CAUSED HIMSELF TO BE MAIMED BY ANOTHER PERSON Sec.34 (b)

WITH INTENT THEREBY TO RENDER HIMSELF UNFIT FOR SERVICE. AFA
Particulars: In that he, at (place), on (date), procured (number, rank and name), to
cut off the index finger of his right and with an axe, with intent to render himself
unfit for service.

103.28—UNNECESSARY DETENTION OF PERSON IN CUSTODY

(1) Section 35 of the Armed Forces Act, 1962 provides:
“35. Every person subject to the Code of Service Discipline who
unnecessarily detains any other person subject thereto in arrest or confinement
without bringing him to trial, or fails to bring that other person’s case before the
proper authority for investigation, shall be guilty of an offence and on conviction
shall be liable to imprisonment for less than two years or to any less punishment
provided by this Act”.
(2) The statement of the offence in a charge under section 35 should be in one of the
following forms: Without
arrest
Unnecessarily detained another person in Bringing
confinement him to trial
Failed to bring another person’s case before the proper authority for
investigation.
NOTES
The prosecutor must prove the facts which will either show or enable the service tribunal
to infer that the accused could have brought the person in arrest or confinement to trial or
brought his case before the proper authority for investigation.

61
C.I. 12
Art. 103.28 A.F.R.

103.28—UNNECESSARY DETENTION OF PERSON IN CUSTODY—contd.

SPECIMEN CHARGE
Sec. 35 UNNECESSARILY DETAINED ANOTHER PERSON IN ARREST
A.F.A. WITHOUT BRINGING HIM TO TRIAL
Particulars: in that he, at (place), on (date), having placed (number, rank and
name), in close arrest on (date), did not take any steps to bring the said (number,
rank and name), to trial.

103.29—NEGLIGENT OR WILFUL INTERFERENCE WITH LAWFUL

CUSTODY
(1) Section 36 of the Armed Forces Act, 1962 provides:
“36. Every person subject to the Code of service Discipline who—
(a) Without authority sets free or authorizes or otherwise facilitates the setting
free of any person in custody
(b) Negligently or wilfully allows to escape any person who is committed to
his charge, or whom it is his duty to guard or keep in custody, or
(c) Assists any person in escaping or in attempting to escape from his
custody,
shall be guilty of an offence and on conviction shall be liable to imprisonment for
a term not exceeding seven years or to any les punishment provided by this Act”.
(2) The statement of the offence in a charge under section 36 should be in one of the
following forms:
(a) set free
Wilfully, without authorized the
authority setting free of a person in custody
Without authority facilitated the
setting free of

(b) who was committed

Negligently to his charge
allowed to escape a person
Wilfully Whom it was his
duty to guard
keep in
custody

(c) escape
Wilfully assist
a person to attempt to from custody
Assisted
escape

62
 C.I. 12.
A.F.R. Art. 103.29

103.29—NEGLIGENT OR WILFUL INTERFERENCE WITH LAWFUL

CUSTODY—contd.

NOTES
(a) The Expression “without authority” in paragraph (a) signifies that the accused
did or omitted to do something without the approval of a component superior
or without the sanction of law, practice, or custom. If proof is given that the
person in custody was set free, the onus is on the accused to show his
authority. The service tribunal may use its military knowledge to determine
whether the authority alleged was or was not sufficient.
(b) The word “negligently” signifies that the accused either did something or
omitted to do something in a manner which would not have been adopted by a
reasonably capable and careful person in his position in the Service under
similar circumstances.
(c) The word “wilfully” signifies that the alleged offender knew what he was
doing, intended to do what he did, and was not acting under compulsion.
(d) In order properly to found a charge under paragraph (c) of assisting a person
in attempting to escape, it must be proved that the person assisted actually was
“attempting”. To that end, the following elements must be established:
(i) The person assisted had an intent to escape.
(ii) An act or omission by the person assisted towards the commission of the
offence of escaping. An intent is not sufficient if nothing is done to carry it
into effect. A distinction must, however, be drawn between acts or
omissions toward the commission of the offence and those which are mere
preparations. It is not possible to draw a clear line of distinction but, in
general, preparation consists of devising or arranging the means for the
commission of an offence while, on the other hand, an act or omission
sufficient to support a charge of attempting must involve a direct
movement towards the commission of the offence after the preparations
have been made. For example, a person having an intent to escape might
arrange a hiding place in advance. That arrangement would merely be a
stage in his preparations and not such an act as to justify a charge of
attempting. An example of an act justifying a charge of attempting to
escape would be found where he tried to elude his escort.
(iii) Non-completion of the offence of escaping; if the person assisted actually
escaped, the person alleged to have assisted him cannot be convicted of
assisting in an attempt to escape. If, before a charge of assisting is
proceeded with, there is any doubt as to whether or not the person assisted
actually escaped, it is advisable to lay alternative charge under paragraph
(c), namely, of assisting a person to escape or, in the alternative, of
assisting a person in attempting to escape.

63
 C.I. 12.
Art. 103.29 A.F.R.

103.29—NEGLIGENT OR WILFUL INTERFERENCE WITH LAWFUL

CUSTODY—contd.
SPECIMEN CHARGES
WITHOUT AUTHORITY SET FREE A PERSON IN CUSTODY
Sec. 36 (a) Particulars: in that he, at (place), on (date), without authority release (number,
A.F.A.
rank and name), from close custody.
Sec. 36 (b) WILFULLY ALLOWED TO ESCAPE A PERSON WHOM IT WAS HIS DUTY
A.F.A. TO GUARD
Particulars: in that he, at (place), on (date), while on duty as guard willfully left
unlocked the door of the cell in which (number, rank and name), was confined
thereby allowing him to escape.

Sec. 36 (c) WILFULLY ASSISTED A PERSON TO ATTEMPT TO ESCAPE FROM

A.F.A. CUSTODY
Particulars: In that he, at (place), on (date) diverted the attention of (number, rank
and name), who, at that time, had custody of (number, rank and name), thereby
enabling (rank and name of person in custody), to leave his room in the detention
barracks in an attempt to escape.

103.30—ESCAPE FROM CUSTODY

(1) SECTION 37 OF THE Armed Forces Act, 1962 provides:
“37. Every person subject to the Code of Service Discipline who, being in arrest
or confinement or in prison or otherwise in lawful custody escapes, shall be guilty
of an offence and on conviction shall be liable to imprisonment for less than two
years or to any less punishment provided by this Act”.
(2) The statement of the offence in a charge under section 37 should be in the
following form:
arrest,
confinement,
Being in prison escaped
lawful custody

NOTES
(a) An accused may be convicted under this section for escaping from any
lawful custody, for example, from the civil police who have arrested him
as a deserter.
(b) An escape may be either with or without force or artifice and either with
or without the consent of the custodian.
(c) A person who escapes from custody, and thus absent himself without
leave may legally be charged and convicted of both offences; but as a rule,
it is preferable to charge only the absence without leave, alleging in the
particulars, for purpose of increasing the gravity of the offence, that it was
committed “when in the custody”.
64
 C.I. 12.
A.F.R. Art. 103.31

103.30—ESCAPE FROM CUSTODY—contd.

(d) There are three essential element of an attempt to escape:
(i) An intent to escape.
(ii) An act or omission towards the commission of the offence. An
intent alone is not sufficient if nothing was done to carry it into
effect. A distinction must, however, be drawn between acts or
omission towards the commission of an offence and those which are
mere preparation. It is not possible to draw a clear line of distinction
but, in general, preparation consist in devising or arranging the
means for the commission of an offence while, on the other hand, an
act or omission sufficient to support a charge of attempting must
involve a direct movement towards the commission of an offence
after the preparation have been made. For example, a person having
an intent to escape, might arrange a hiding place in advance. That
arrangement would merely be a stage in his preparation and not such
an act as to justify a charge of attempting.
(iii) An example of an act justifying a charge of attempting to escape
would be found where he tries to elude his escort.
(iv) Non-completion of the offence. If the actual offence of escaping is
committed the alleged offender cannot be convicted of attempting to
escape. If, before a charge of attempting is proceeding with, there is
any doubt as to whether the complete offence was or was not
committed, it is advisable to allege escape under this section and
attempting to escape in the alternative, both charges being laid under
section.

SPECIMEN CHARGE

BEING IN PRISON, ESCAPED Sec. 37

A.F.A
Particulars: In that he, at (place), on (date),while held in (name), prison,
escaped there from.

103.31—OBSTRUCTION OF POLICE DUTIES, ETC.

(1) Section 38 of the Armed Forces Act, 1962 provides:
“38. Every person subject to the Code of Service Discipline who—
(a) Resist or wilfully obstruct any officer or man in the performance of any
duty pertaining to the arrest, custody or confinement of any other person
subject to the Code of service Discipline; or
(b) When called upon, refuses or neglect to assist an officer or man in the
performance of any such duty,
shall be guilty of an offence and on conviction shall be liable to imprisonment for less
than two years or to any less punishment provided by this Act.”

65
 C.I. 12
Art. 103.31 A.F.R.

103.31—OBSTRUCTION OF POLICE DUTIES, ETC.—contd.

(2) The statement of the offence in a charge under section 38 should be in one of the
following form:
(a) of a person
Resisted in performing arrest
Wilfully an officer subject to
a duty custody the Code
obstructed a man
pertaining to the confinement Service
Discipline
(b) of a person
When in performing arrest subject to
called refused to an officer custody the code of
a duty pertaining
upon neglected assist a man confinement Service
to the
Discipline

NOTES
The word “wilfully” in paragraph (a) signifies that the alleged offender knew what he
was doing, intended to do what he did, and was not acting under compulsion.

SPECIMEN CHARGES
Sec. 38 (a) WILFULLY OBSTRUCTED AN OFFICER IN PERFORMING A DUTY
A.F.A PERTAINING TO THE CONFINEMENT OF A PERSON SUBJECT TO THE
CODE OF SERVICE DISCIPLINE
Particulars: in that he, at (place), at (date) when (number, rank and name), was
conveying (number, rank and name), a member of the Armed Forces, to, a place
of confinement, interposed himself between these two person in such a fashion as
to obstruct the conveying of (number, rank and name), to the place of
confinement.
Sec. 38 (b) WHEN CALLED UPON, REFUSED TO ARREST A MAN IN PERFORMING
A.F.A A DUTY PERTAINING TO THE ARREST OF A PERSON SUBJECT TO THE
CODE OF SERVICE DISCIPLINE
Particulars: in that he, at (place), on (date), when called upon by (number, rank
and name), a member of the (service police), to assist him in apprehending
(number, rank and name), a member of the Armed Forces, refused to assist.

103.32—OBSTRUCTION OF CIVIL POWER

(1). Section 39 of the Armed Forces Act, 1962 provides:
“39. Every person subject to the code of service Discipline who neglect or refuses
to deliver over an officer or man to the civil power, pursuant to a warrant in that
behalf, or to assist in the lawful apprehension of an officer or man accused of an
offence punishable by a civil court shall be guilty of an offence and on conviction
shall be liable to imprisonment for less than two years or to any less punishment
provided by this Act”.
66
 C.I. 12.
A.F.R. Art. 103.33

103.32—OBSTRUCTION OF CIVIL POWER—contd.

(2) The statement of the offence in a charge under section 39 should be in one of the
following form:
Neglected an officer to the civil power, pursuant
to deliver over to a warrant in that behalf.
Refused a man
Neglected to assist in the lawful an officer accused of an offence
Refused apprehension of a man punishable by a civil
court.

NOTES
Before an officer or man delivers over a person to the civil power, he should ask to see
the warrant or other authority for the delivery over.

SPECIMEN CHARGE
REFUSED TO DELIVER OVER A MAN TO THE CIVIL POWER, Sec. 39
PURSUANT TO A WARRANT IN THAT BEHALF A.F.A.
Particulars: in that he, at (place), on (date), when commanding officer of (unit),
refused to deliver over to Constable A.B., of the civil police (number, rank and
name), a man of his unit, for whose arrest on a charge of manslaughter a warrant
had been issued.

103.33—OFFENCES IN RELATION TO CONVOYS

(1) Section 40 of the Armed Forces Act, 1962 provides:
“40. Every officer who, while serving in one of the ships or vessels of the
Ghana navy involved in the convoying and protection of another ship or vessel—
(a) Fails to defend any ship, vessel or goods under convoy,
(b) Refuses to fight in the defence of a ship or vessel in his convoy when it is
attacked, or
(c) Cowardly abandons or exposes a ship or vessel in his convoy to hazard,
shall be guilty of an offence and on conviction shall be liable to suffer death or to any
less punishment provided by this Act”.
(2) The statement of the offence in a charge under section 40 should be in one of the
following forms:
(a) While serving in one of the ships (vessels) of the Ship
Ghana Navy involved in the convoying and protection a vessel under
of another ship or vessel, failed to defend goods convoy

(b) While serving in one of the ships (vessels) of the Ghana Navy involved in the convoying
and protection of another ship or vessel refused to fight in the defence of a ship or vessel
in his convoy when it was attacked.
(c) While serving in one of the ships
(vessels) of the Ghana Navy involved abandoned a ship (vessel) in his convoy to
in the convoying and protection of exposed hazards.
another ship or vessel, cowardly.

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 C.I. 12
Art. 103.33 A.F.R.

103.33—OFFENCES IN RELATION TO CONVOYS—contd.

NOTES
(a) The word “convoying” relates to the escorting of an individual ship or
vessel or fleet of ships or vessel.
(b) The word “cowardly” signifies that the person accused acted in an ignoble
manner from fear.

103.34—LOSING, STRANDING OR HAZARDING VESSELS

(1) Section 41 of the Armed forces Act, 1962 provides:
“41. Every person who wilfully or negligently or through other default
loses, strands or hazard or suffers to be lost, stranded or hazarded any of the ships
or other vessels of the Armed Forces shall be guilty of an offence and on
conviction shall be liable to dismissal with disgrace from those Forces or to any
less punishment provided by this Act.”
(2) The Statement of the offence in a charge under section 41 should be in one of the
following form:
Wilfully lost
Negligently stranded one of The ships of the Armed Forces
By default hazarded the vessels of the Armed Forces

Wilfully lost the ships of the

Negligently suffered stranded Armed Forces
By default to be hazarded the vessels of the
Armed Forces

NOTES
(a) The word “wilfully” signifies that the alleged offender knew what he was
doing, intended to do what he did, and was not acting under
compulsion.
(b) The word “negligently” signifies that the accused either did something in a
manner which would not have been adopted by a reasonably capable and
careful person in his position in the Armed Forces under similar
circumstances
(c) The word “hazards” means to endanger or put to the risk of loss or harm.

SPECIMEN CHARGE
Sec 41 NEGLIGENTLY STRANDED ONE OF THE VESSELS OF THE ARMED FORCES
A.F.A
Particulars: In that he, at (place), on (date), by failing to keep a proper lookout
did allow one of the motorboats of the Ghana Navy to become stranded on a rock.

68
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A.F.R. Art. 103.35

103.35—WRONGFUL ACTS IN RELATION TO AIRCRAFT, ETC.

(1) Section 42 of the Armed Forces Act, 1962 provides:
“42, Every person who—
(a) in the use of, or in relation to any aircraft or aircraft material, wilfully or
negligently or by neglect of or contrary to regulations, orders or
instructions, does any act or omits to do anything, which act or omission
causes or is likely to cause loss of life or bodily injury to any person.
(b) Wilfully or negligently or by neglect of or contrary to regulations, orders
or instructions, does any act or omits to do anything, which act or
omission results or is likely to result in damage to or destruction or loss of
any aircraft or aircraft material of the Armed Forces or of forces
cooperating with that Force, or
(c) During a state of war wilfully or negligently causes the sequestration by or
under the authority of a neutral state or the destruction in a neutral state of
any of the aircraft of the Armed Forces, or of any forces co-operating with
that Force. Shall be guilty of an offence and on conviction, if he acted
wilfully shall be liable to imprisonment for life or to any less punishment
provided by this Act and in any other case shall be liable to imprisonment
for less than two years or to any less punishment provided by this Act”.
(2) The Statement of the offence in charge under section 42 should be in one of the
following forms:
(a)
In the use An aircraft wilfully regulations, did an act
of material negligently regulations omitted to
In relation to by neglect of orders do some
contrary to instruction thing
caused
act was loss of life
which
which to some person
omission likely bodily injury
to cause
(b) Wilfully
Negligently did an act resulted
By neglect regulations omitted Act
which was
of to do omission
orders likely
Contrary to instructions something to result
an Armed Forces aircraft
Armed Forces aircraft
material
damage to an aircraft of a force
in destruction co-operating with the
or loss of Armed forces
aircraft material of a
force co-operating with
the Armed Forces

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Art. 103.35 A.F.R.
103.35—WRONG ACTS IN RELATION TO AIRCRAFT, ETC. —contd.
(c) wilfully
During a state of war caused the by under the
negligently sequestration authority of
the Armed Forces aircraft
a neural the aircraft of a
state of force co-operating
one of with the Armed Forces
During wilfully the armed Forces
state of caused the destruction
negligently in a neutral state a force
war co-operating with
of one the aircraft of
the Armed Forces

NOTES
(a) The word “wilfully” signifies that the alleged offender knew what he was
doing, intended to do what he did, and was not acting under compulsion.
(b) The word “negligently” signifies that the accused either did something or
omitted to do something in a manner which would not have been adopted
by a reasonably capable and careful person in his position in the Armed
Forces under similar circumstances.
(c) The word “sequestration” in paragraph (c) refers to a principle of
international law whereby a neutral state may seize aircraft of a belligerent
which come within its territorial limit.
(d) The expression “any person” as used in this section includes the accused.

SPECIMEN CHARGE
Sec. 42 (a) IN THE USE OF AN AIRCRAFT, CONTRARY TO ORDERS, DID AN ACT
A.F.A.
WHICH ACT CAUSED LOSS OF LIFE TO SOME PERSON
Particulars: in that he, at (place), on (date), when pilot of Armed Forces aircraft
(type and number or letters), unnecessarily and without authority, flew the said
aircraft at a height of less than …feet above ground level, contrary to the
provisions of Flying orders for…(date) section ……, paragraph …, as a
consequence of which the said aircraft came into contact with a vehicle driven by
(name), of (resident), causing the death of the said name).
Sec. 42 (b) NEGLIGENTLY DID AN ACT, WHICH ACT RESULTED IN DESTRUCTION
A.F.A.
OF AN ARMED FORCES AIRCRAFT
Particulars: In that he, in the vicinity of (place), on (date), when pilot of Armed
Forces aircraft (type and number or letters), negligently allowed the said aircraft
to enter an inverted spin, which act resulted in the crash and destruction of that
aircraft.

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A.F.R. Art. 103.37

103.35—WRONGFUL ACTS IN RELATION TO AIRCRAFT, ETC.—contd.

DURING STATE OF WAR, WILFULLY CAUSED THE SEQUESTRATION Sec. 42 (c)
BY A NEUTRAL STATE OF THE ARMED FORCES AIRCRAFT A.F.A.
Particulars: in that he, at (place), on (date), when pilot of Armed Forces aircraft
(type and number or letter), and flying over the territory of the state of ……..,
voluntarily descended and landed in the said territory without due occasion, and
thereby caused the sequestration by the state of…….of the said aircraft.

103.36—LOW FLYING
(1) Section 43 of the Armed Forces Act, 1962 provides:
“43. Every person subject to the Code of Service Discipline who flies an aircraft at a
height less than the prescribed minimum shall be guilty of an offence and on conviction
shall be liable to imprisonment for less than two years or to any less punishment provided
by this Act”.
(2) The statement of the offence in a charge under section 43 should be in the
following form:—
Flew an n aircraft at a height less than the minimum height prescribed.

NOTES
The phrase “the prescribed minimum” refers to service orders under which the minimum
altitudes are specified. These orders may emanate from Air Force Headquarters, the
headquarters of a lower formation or in certain circumstances from a station commander,
a unit commander or other superior officer.

SPECIMEN CHARGE

FLEW AN AIRCRAFT AT A HEIGHT LESS THAN THE PRESCRIBED Sec. 43

MINIMUM A.F.A.
Particulars: in that he, in the vicinity of (place), at about (hours), on (date), while
pilot of aircraft (type and numbers or letters), unnecessarily and without authority,
flew the said aircraft at a height of less than………feet above ground level
contrary to section ……, paragraph……, of …….issued by……..

103.37—INACCURATE CERTIFICATE
(1) Section 44 of the Armed Forces Act, 1962 provides:
“44. Every person who signs an inaccurate certificate in relation to an aircraft or aircraft
material, unless he proves that he took reasonable steps to ensure that it was accurate,
shall be guilty of an offence and on conviction shall be liable to imprisonment for less
than two years or to any less punishment provided by this Act”.
(2) The statement of the offence in charge under section 44 should be in the following
form:
Signed an inaccurate certificate in an aircraft
relation to aircraft material

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 C.I. 12.
Art. 103.37 A.F.R.

103.37—INACCURATE CERTIFICATE—contd.

SPECIMEN CHARGE
Sec. 44 SIGNED AN INACCURATE CERTIFICATE IN RELATION TO AIRCRAFT
A.F.A. MATERIAL
Particulars: In that he, at (place), on (date), signed Form…,certifying that
aircraft…….(type and number or letters) had been completely re-armed with
ammunition when in fact the aircraft at that time had not been so re-armed.

103.38—DISOBEDIENCE OF CAPTAIN’S ORDERS

(1) Section 45 of the Armed Forces Act, 1962 provides:
“45. (1) Every person subject to the Code of Service Discipline who, when in an
aircraft, disobeys any lawful command given by the captain of the aircraft in
relation to the flying or handling of the aircraft or affecting the safety of the
aircraft, whether or not the captain is subject to the Code of Service Discipline,
shall be guilty of an offence and on conviction shall be liable to imprisonment for
life or to any punishment provided by this Act”.
(2) For the purposes of this section—
(a) every person whatever his rank shall when he is in an aircraft be
under the command, as respects all matter relating to the flying or
handling of the aircraft or affecting the safety of the aircraft, of the
captain of the aircraft, whether or not the latter is subject to the
Code of Service Discipline; and
(b) if the aircraft is a glider and is being towed by another aircraft, the
captain of the glider shall so long as his glider is being towed be
under the command, as respect all matters relating to the flying or
handling of the glider of affecting the safety of the glider of the
captain of the towing aircraft whether or not the latter is subject to
the Code of Service Discipline”.

(2) The statement of the offence in a charge under section 45 should be in the
following form:—
When in an aircraft, disobeyed a lawful of the
the flying
command given by the captain of the air-
the handling
aircraft in relation to craft

When in an aircraft, disobeyed a lawful command given by the captain of

the aircraft affecting the safety of the aircraft.

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 C.I. 12.
A.F.R. Art. 103.39

103.38—DISOBEDIENCE OF CAPTAIN’S ORDERS—contd.

NOTES
(a) The captain of an aircraft would be empowered to issue an order to a
senior passenger but only where the subject matter of the order has some
bearing upon the flying or handling of the aircraft or affecting its safety.

(b) As to person in a glider the authority to issue lawful commands would rest
with the captain of the glider in respect to matters affecting the flying or
handling of the glider or its safety, and the question as to who would have
the authority to issue commands, to airborne troops in connection with
other matters would be determined by the circumstances of the case, that
is to say, the identity of the officer designated to be in command of the
troops or who is in command of the troops by virtue of his appointment or
rank.

SPECIMEN CHARGE

WHEN IN AN AIRCRAFT DISOBEYED A LAWFUL COMMAND GIVEN Sec. 45

A.F.A.
BY THE CAPTAIN OF THE AIRCRAFT IN RELATION TO THE FLYING OF
THE AIRCRAFT

Particulars: in that he, at (place), on (date), when second pilot of aircraft (type
and number or letters), and ordered by (number, rank and name), the captain of
the said aircraft to maintain a constant air speed of 100 knots, failed to do so and
allowed the speed of the aircraft to fall to 50 knots.

103.39—DISTURBANCES, ETC., IN BILLETS

(1) Section 46 of the Armed Forces Act, 1962 provides:

“46. Every person subject to the Code of Service Discipline who—

(a) ill-treats, by violence, extortion or making disturbances, in billets or
otherwise, any occupant of a house in which any person is billeted or of
any premise in which accommodation for material has been provided, or

(b) fails to comply with regulation made under this Act in respect of the
payment of just demands of the person on whom he or any officer or man
under his command is or has been billeted or the occupant of premises on
which such material is or has been accommodated.

shall be guilty of an offence and on conviction shall be liable to imprisonment for less
than two years or to any less punishment provided by this Act.”

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 C.I. 12
Art. 103.39 A.F.R.

103.39—DISTURBANCES, ETC., IN BILLETS—contd.

(2) The statement of the offence in a charge under section 46 should be in one of
following forms:
(a) violence
Ill-treated, extortion a house in which a person was
making an billeted
by
disturbance occupant premises in which accommodation
in billet of for material was provided
(otherwise)

(b)
Failed to comply with regulations he
an officer under his was
in respect of payment of the just had been billeted
demand of the person on whom command was
a man under his command

Failed to comply with regulation in respect of was

payment of the just demands of the occupants had been accommodated
of premises on which material

NOTES
It is to be noted that the offence prescribed in paragraph (a) would in many cases also
constitute a civil offence triable in the civil court.

SPECIMEN CHARGE

Sec 46 (a) ILL-TREATED, BY VIOLENCE, AN OCCUPANT OF A HOUSE IN WHICH

AFA A PERSON WAS BILLETED
Particulars: in that he, at (place), on (date), kicked (name), an occupant of
premises situated at (address), in which were billeted men of (unit).

103.40—OFFENCES IN RELATION TO DOCUMENT

(1) Section 47 of the Armed Forces Act, 1962 provides:
“47. Every person who—
(a) Wilfully or negligently makes a false statement or entry in a document
made or signed by him that is required for the purpose of this Act or any
regulations there under, or who, being aware of the falsity of a statement
or entry in such a document, orders the making or signing thereof;
(b) When signing a document required for such purposes, leaves blank any
material part for which his signature is a voucher; or
(c) With intent to injure any person or with intent to deceive, suppresses,
defaces, alters or makes away with any document or file kept, made or
issues for any such purpose.

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A.F.R. Art. 103.40

103.40—OFFENCES IN RELATION TO DOCUMENT—contd.

shall be guilty of an offence and on conviction shall be liable to imprisonment for
a term not exceeding three years or to any less punishment provided by this Act.”
(2) Statement of the offence in a charge under section 47 should be in one of the
following forms:
(a) that was required
Wilfully in a made by him for the purposes of
made a statement
Negligently document signed by him the Armed Forces
false entry
Act, 1962 or any
or any regulations
thereunder

(b) When signing a document required for the purpose of the Armed Forces Act,
1962 or any regulations thereunder, left in blank a material part.

(c) suppressed
injure defaced kept for any
With document
another, altered a made military
intent to file
deceive, made away issued purpose
with

NOTES
(a) The word “wilfully” signifies that the alleged offender knew what he was
doing, intended to do what he did, and as not acting under compulsion.
(b) In making a statement or an entry in an official document a person has a
duty in law to take reasonable steps to ascertain the accuracy of the
statement or entry. If a statement or entry is inaccurate, the failure to have
taken these steps constitutes “negligence” under this section.
(c) The word “intent” merely has the effect of imposing upon the prosecution
a duty, more onerous than would otherwise be the case, of proving that the
accused did or omitted to do the act in question deliberately. In the case of
most offences, however, although the word “intent” does not appear in the
section prescribing them. Intent is an essential element but it is inferred
from the facts and circumstances established. There are some offences,
however, in which intent is not an essential element.
(d) The classes of documents contemplated by this section are those which an
officer or man submits either as part of his military duty or because he
desires to obtain some benefits or advantages permitted by regulations or
orders, and the benefits or advantages is obtainable only a after completion
of prescribed documents. The person should not be charged under this
section in respect of documents which he is required to complete in his
civilian capacity such as civilian income tax returns, birth and death
registrations, etc.

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 C.I. 12
Art. 103.40 A.F.R.

103.40—OFFENCES IN RELATION TO DOCUMENT—contd.

(e) A trifling error in a report should not be made the ground of a charge under
this section.
SPECIMEN CHARGES
Sec. 47 (a) WILFULLY MADE A FALSE ENTRY IN A DOCUMENT MADE BY HIM
A.F.A. THAT WAS REQUIRED FRO OFFICIAL PURPOSE
Particulars: in that he, at (place), on (date), made an entry in the civilian
attendance records showing that (name) had reported for work at ……… hours on
(date), knowing that the said (name) had not so reported.

Sec. 47 (b) WHEN SIGNING A DOCUMENT REQUIRED FOR OFFICIAL PURPOSE,

A.F.A. LEFT IN BLANK A MATERIAL PART FOR WHICH HIS SIGNATURE WAS
A VOUCHER
Particulars: In that he, at (place), on (date), when completing an
acknowledgement of receipt of chronometers by (unit), left in blank the number
of chronometers received by the said unit, his signature to said document being a
voucher of receipt of the said chronometers.

Sec. 47 (c) WITH INTENT TO INJURE ANOTHER, ALTERED A DOCUMENT ISSUED

A.F.A. FOR A MILITARY PURPOSE
Particulars: in that he, at (place), on (date), with the intent to injure (number, rank
and name), altered an authorization for leave issued to the said (rank and name),
by changing the date of termination of leave from “20th Aug., 1963” to ‘2nd
Aug., 1963’.

103.41—CONSPIRACY
(1) Section 48 of the Armed forces Act, 1962 provides:
“48. Every person who conspires with any other person, whether or not such other
person is subject to the Code of Service Discipline, to commit an offence under
the Code of Service Discipline shall be guilty of an offence and shall be liable to
imprisonment for a term not exceeding seven years or to any less punishment
provided by this Act”.
(2) The statement of the offence in a charger under section 48 should be in the
following forms:
Conspired with another person to commit an offence under the Code of
Service Discipline.

NOTES
(a) To constitute the offence of conspiracy under the Code of Service
Discipline, there must be a combination of two or more persons who have
agreed and intend to accomplish an unlawful purpose or by unlawful
means some purpose not in itself unlawful.

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A.F.R. Art. 103.42

103.41—CONSPIRACY—contd.
(b) The agreement in a conspiracy need not
(i) be in any particular form nor manifested in any formal words, or
(ii) expressly declare the means by which the conspiracy is to be
accomplished or what part each conspirator is to play.
(c) The minds of the parties to the conspiracy must arrive at a common
understanding to accomplish the object of the conspiracy.
(d) A conspiracy to commit an offence is a different and distinct offence from
the offence which is the object of the conspiracy. While both the
conspiracy and the consummated offence which was its object may be
charged and tried, it is preferable to avoid a multiplicity of charges and if
it is thought necessary to lay a charge of conspiracy as well as a charge for
the offence which was its object, they should be laid in the alternative.
(e) This section will apply not only to the offences under section 13 to and 76
but also to offences under section 77 (see article 103.51 “Service trial of
Civil Offences”)

In view of the minimum and maximum punishments which are mandatory or permissive
under section 77, careful consideration should be given to this aspect before it is decided
to lay a charge under section 77 rather than section 48.

SPECIMEN CHARGE

CONSPIRED ANOTHER PERSON TO COMMIT AN OFFENCE UNDER THE Sec. 48

CODE OF SERVICE DISCIPLINE A.F.A.

Particulars: in that he, at (place), on (date), agreed with (number, rank and name),
to steal a watch, the property of (number, rank and name), stealing being an
offence under section 52 of the Armed Forces Act, 1962.

103.42—CAUSING FIRES
(1) Section 49 of the Armed Forces Act, 1962 provides:
“49. Every person who wilfully or negligently or by neglect of or contrary to
regulations made under this Act, orders or instructions, does any act or omits to
do anything which act or omission causes or is likely to cause fire to occur in any
material, defence establishment or work for defence shall be guilty of an offence
and on conviction, if he acted wilfully, shall be liable to imprisonment for life or
to any less punishment provided by this Act, and in any other case shall be liable
to imprisonment for less than two years or to any less punishment provided by
this Act”.

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 C.I. 12
Art. 103.42 A.F.R.

103.42—CAUSING FIRES—contd.
(2) The statement of the offence in a charge under section 49 should be in the
following form:
did an caused
act material
act was fire to
Wilfully Omitted a defence
which omission likely occur
Negligently to do establishment
to in
Something a work for
cause
defence

did an caused
By neglect of regulations act act was
Contrary to orders omitted which omission likely
instructions to do to
something cause
material
a defence
fire to occur in establishment
a work for
defence

NOTES
(a) The word “wilfully” signifies that the offender knew what he was doing
intended to do what he did, and was not acting under compulsion.
(b) The word “negligently” signifies that the accused either did something or
omitted to do something in a manner which would not have been adopted
by a reasonably, capable and careful person in his position in the Armed
Forces under similar circumstances.

SPECIMEN CHARGES

Sec. 49 NEGLIGENTLY OMITTED TO DO SOMETHING WHICH OMISSION WAS

A.F.A. LIKELY TO CAUSE FIRE TO OCCUR IN A DEFENCE ESTABLISHMENT
Particulars: In that he, at (place), on (date), negligently failed to ensure that all
electrical appliances were turned off in the men’s kitchen at (unit), when the said
kitchen was closed for the night.
Sec. 49 CONTRARY TO ORDERS DID SOMETHING WHICH ACT CAUSED FIRE
A.F.A.
TO OCCUR IN A DEFENCE ESTABLISHMENT
Particulars: In that he, at (place), on (date), in barrack block 16 by smoking in
bed contrary to paragraph.….of station (name) Standing Orders, caused a fire to
occur in the said barrack block.

103.43—UNAUTHORIZED USE OF VEHICLES

(1) Section 50 of the Armed Forces Act, 1962 provides:
“50. Every person who—
(a) uses a vehicle of the Armed Forces for an unauthorized purpose,

78
 C.I. 12.
A.F.R. Art. 103.43

103.43—UNAUTHORIZED USE OF VEHICLES—contd.

(b) without authority uses a vehicle of such Forces for any purpose, or
(c) uses a vehicle of such Forces contrary to any regulation under this Act,
order or instruction,
shall be guilty of an offence and on conviction shall be liable to imprisonment for
less than two years or to any less punishment provided by this Act”.
(2) The statement of the offence in a charge under section 50 should be in one of the
following forms:
(a) Used a vehicle of the Armed Forces for an unauthorized purpose.
(b) Without authority, used a vehicle of the Armed Forces.
a regulations
(c) Used a vehicle of the Armed an order
Forces contrary to an instruction

NOTES
(a) The class of offence contemplated by paragraph (a) is the use of a vehicle
for some personal purpose even though the driver holds a service driving
permit, whereas paragraph (b) contemplates a case wherein a person
without a service driving permit uses a vehicle for any purpose, whether
such purpose in itself is proper or not. In this case, however, it would be
possible for an unauthorized driver to put forward an excuse. For
example, if a vehicle were parked near a burning building, a member of
the Armed Forces, even though not holding a driver’s permit, should
obviously take reasonable steps to remove it and would not render himself
liable under this section for so doing.
(b) Paragraph (c) applies to a great range of circumstances not covered by
either (a) or (b). For example, a driver who carries a civilian whom he is
not authorized to transport cannot be charged with using a vehicle for an
unauthorized purpose if he were on a duty run at the time. In these
circumstances, it would be necessary to lay a charge under paragraph (c)
and the particulars of that charge should contain a reference to the
regulation, order or instruction alleged to have been violated.

SPECIMEN CHARGES

USED A VEHICLE OF THE ARMED FORCES FOR AN Sec. 50 (a)

UNAUTHORIZED PURPOSE A.F.A.
Particulars: In that he, at (place), on (date), without authority used vehicle
(type and number), a vehicle of the Armed Forces, to transport him from
his residence at (place), in the city of ………………….to the civil airport
in the vicinity of that city when proceeding on leave.

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 C.I. 12.
Art. 103.43 A.F.R.

103.43—UNAUTHORIZED USE OF VEHICLES—contd.

Sec. 50 (b) WITHOUT AUTHORITY USED A VEHICLE OF THE ARMED FORCES.

A.F.A. Particulars: In that he, at (place), on (date), without authority drove vehicle (type
and number), a vehicle of the Armed Forces between the Officer’s Mess at (unit),
and the railway station at ………………..
Sec. 50 (c) USED A VEHICLE OF THE ARMED FORCES CONTRARY TO AN ORDER
A.F.A. Particulars: In that he, at (place), on (date), used vehicle (type and number), a
vehicle of the Armed Forces for the transportation of the unit hockey team to a
distance of more than ……………….miles from (unit), contrary to the provisions
of paragraph ……………….of an order issued by ……………….on (date).

103.44—DESTRUCTION, LOSS OR IMPROPER DISPOSAL

(1) Section 51 of the Armed Forces Act, 1962 provides:
“51. Every person subject to the Code of Service Discipline who—
(a) wilfully destroys or damages, loses by neglect, improperly sells or
wastefully expends any public property, non-public property or property
of any of the Armed Forces or of any forces co-operating therewith or
(b) Sells pawns or otherwise disposes of any cross, medal, insignia, or other
decoration.
shall be guilty of an offence and on conviction shall be liable to imprisonment for less
than two years or to any less punishment provided by this Act.

(2) The statement of the offence in a charge under section 51 should be in one of the
following forms:
(a)
public property
Wilfully destroyed
non-public property
damaged
property of the Armed Forces

public property
Lost by neglect non-public property
Sold improperly property of the Armed Forces
Expended wastefully property of forces
co-operating with the Armed Forces

(b)
Sold a cross
Pawned a medal
Disposed of insignia
a decoration

80
 C.I. 12.
A.F.R. Art. 103.45

103.44—DESTRUCTION, LOSS OR IMPROPER DISPOSAL—contd.

NOTES
(a) The word “wilfully” in paragraphs (a) and (b) signifies that the alleged
offender knew what he doing, intended to do what he did, and was nit
acting under compulsion.
(b) A charge should not be laid under paragraph (a) of improperly selling if
the “improper” conduct alleged amounted merely to an error in judgment
or incorrect action. The element of dereliction of duty must have been
present.

SPECIMEN CHARGES
WILFULLY DAMAGED PUBLIC PROPERTY Sec. 51 (a)
Particulars: In that he, at (place), on (date), damaged the front seat-cover of A.F.A.
vehicle (type and number), a vehicle of the armed forces, by slashing that seat-
cover with a knife.
SOLD A DECORATION Sec. 51 (b)
Particulars: in that he, at (place), on (date), sold to (name and address), the A.F.A.
“Ghana Cross”.

103.45—STEALING, ETC.
(1) Section 52 of the Armed Forces Act, 1962 provides:
“52 (1) Every person subject to the Code of Service Discipline who—
(a) steals or fraudulently misapplies any property, or
(b) receives any such property knowing it to have been stolen or fraudulently
misapplied,
shall be guilty of an offence and on conviction shall be liable to imprisonment for a
term not exceeding seven years or to any less punishment provided by this Act.
(2) In this section “stealing” shall have the same meaning as in the Criminal
Code (Act 29).”

(2) The statement of the offence in a charge under section 52 should be in one of the
following forms:
Stealing
Fraudulently misapplying
Receiving
NOTES
(a) On every charge of stealing, three things must be proved by the
prosecutor:
(i) that the article in question is one that is capable of being stolen;
(ii) that it was in fact stolen—that an offence was committed; and
(iii) that it was stolen by the accused.

81
 C.I. 12.
Art. 103.45 A.F.R.

103.45—STEALING, ETC—contd.

(b) In order to prove that an article is capable of being stolen, it must be

established that some person other than the accused owns it and, though the
owner may be a person unknown, an indication must be given in the charge
of his identity, at least by describing him in relation to some circumstances.
(c) The property stolen should be described in detail. It is improper to allege
that the accused stole certain named things and “other articles”
(d) To constitute theft, the taking or fraudulent misapplication mentioned in
subsection (1) (a) must not only be done with the necessary intent but also
must be done fraudulently and without claim of right.
(e) The words “fraudulently misapplies” mean the wrongful appropriation and
application of the property of another to ones’ own use.
(f) The phrase “claim of right”, refers to an honest belief in a state of facts
which, if it existed, would furnish a legal justification or excuse for the act.
For example, a person who takes possession of property in the belief that it
is his own is not guilty of stealing even though his belief may be mistaken.
(g) Where a systematic course of petty thefts from the same owner has been
perpetrated over a period, it is not necessary to charge each act as a separate
offence. The transaction may be treated as one continuous act of stealing
and charged in a single charge in which the total amount involved is set out.

SPECIMEN CHARGES

Sec. 52 (1) (a) STEALING

A.F.A. Particulars: In that he, at (place), on (date), stole a wrist-watch bearing the initials
“…………..” the property of (number, rank and name).

Sec. 52 (1) (a) FRAUDULENTLY MISAPPLYING

A.F.A. Particulars: In that he, at (place), on (date), when as Secretary of the Officer’s
Mess and while he had been entrusted with the care of the funds of the said Mess
fraudulently misapplied N¢ 20.00 being part thereof

Sec. 52 (1) (b) RECEIVING

A.F.A. Particulars: In that he, at (place), on (date), received four gallons of petrol
knowing it to have been stolen.

Sec. 52 (1) (c) RECEIVING

A.F.A. Particulars: In that he, at (place), on (date), received N ¢ 10.00 knowing it to
have been fraudulently misapplied.

82
 C.I. 12.
A.F.R. Art. 103.47

103.46—FALSE ACCUSATION, ETC.—contd.

(1) Section 53 of the Armed Forces Act, 1962 provides:
“53. Every person subject to the Code of Service Discipline who—
(a) makes false accusation against any officer or man, knowing such
accusation to be false, or
(b) when seeking redress in a matter in which he considers that he has
suffered any personal oppression, injustice or other ill-treatment or that he
has any other cause for grievance, knowingly makes a false statement
affecting the character of an officer or man which he knows to be false or
knowingly in respect of the redress so sought, suppresses any material
facts,
shall be guilty of an offence and on conviction shall be liable to imprisonment for less
than two years or to any less punishment provided by this Act”.

(2) The statement of the offence in a charge under section 53 should be in one of the
following forms:
(a) False accusation against an officer or man of the Armed Forces.
(b) In making a complaint makes a statement affecting the character of an
officer or man of the Armed Forces.

NOTES
(a) An accusation need not be made to any particular person or in any
particular manner.
(b) Complaint means a complaint under article 19.26.

SPECIMEN CHARGES

MAKING A FALSE ACCUSATION Sec. 53 (a)

Particulars: in that he, at (place), on (date), in a later dated………..written and A.F.A.
sent to…………stated that (number, rank and name), a person subject to the Code
of Service Discipline, has stolen a camera, which accusation he (the accused)
knew to be false.
MAKING A FALSE STATEMENT Sec. 53 (b)
Particulars: in that he, at (place), on (date), when seeking redress of grievance A.F.A.
knowingly made a false statement affecting the character of (number, rank and
number) a person subject to the Codes of Service Discipline.

103.47—CONDUCT TO THE PREJUDICE OF GOOD ORDER AND

DISCIPLINE
(1). Section 54 of the Armed Forces Act, 1962 provides:
“54. (1) Any act, conduct, be an disorder or neglect to the prejudice of good order
and discipline shall be an offence and every person convict ed thereof shall be
liable to dismissal with disgrace from the Armed Forces or to any les punishment
provided by this Act

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C.I. 12
Art. 103.47 A.F.R.

103.47—CONDUCT TO THE PREJUDICE OF GOOD ORDER AND

DISCIPLINE—contd.
(2) no person may be charged under this section with any offence for which
special provision is made in any other part of this Act but the conviction of a
person so charged shall not be invalid by reason only of the charge being in
contravention of this subsection unless it appears that an injustice has been
done to the person charged by reason of the contravention; but the
responsibility of any officer for that contravention is not affected by the
validity of the conviction.
(3) an act or omission constituting an offence under section 13, or a
contravention by any person of—
(a) Any of the provisions of this Act:
(b) Any regulations, orders or instructions published fro the general
information and guidance of the Armed Forces to which that
person belongs, or to which he is attached or seconded; or
(c) Any general, garrison, unit, station, standing, local or other orders.
shall be an act, conduct, disorder or neglect to the prejudice of good order and
discipline
(4) An attempt to commit any of the offences in prescribed any other
provision of this Act shall, unless such attempt is in itself an offence
punishable under such provision ,be an act, conduct, disorder or neglect to
the prejudice of good and discipline.
(5) Nothing in subsection (3) or (4) affects the generality of such section
(1)”.
(2) The statement of the offence in a charge under section 54 should be in the
following form:
An act
Conduct
to the prejudice of good order and discipline
Disorder
Neglect

NOTES
(a) A service tribunal would not be warranted in convicting an accused of this
offence unless of the opinion that the conduct, etc, proved was to the
prejudice of both good order and discipline, having regard to its nature and
to circumstances in which it took place.
(b) The word “neglect” refers to a failure to perform any duty imposed by law,
practice or custom and of which the accused knew or ought to have known
to be punishable under this section; “neglect” must be blameworthy. If
neglect is wilful, i.e. intentional, it is clearly blameworthy. If it is caused by
an honest error of judgment and involves no lack of zeal and no element of
carelessness or intentional failure to take the proper action it is equally clear
that it is blameless and cannot be a ground for conviction.
84
 C.I. 12.
A.F.R. Art. 103.47

103.47—CONDUCT TO THE PREJUDICE OF GOOD ORDER AND

DISCIPLINE—contd.

Where it is not thus completely blameless, the degree of blameworthiness

naturally varies, and a court trying such a case must consider the whole
circumstances of the case and in particulars the responsibility of the accused.
For example, a degree of care can rightly be demanded of an officer or man
who is in charge of a dangerous article where a slight degree of negligence
may be involve danger to life; in such a circumstances a small degree of
negligence may be so blameworthy as to justify conviction and punishment.
On the other hand, such a slight degree of negligence resulting from
forgetfulness or inadvertence, in relation to a matter that does not rightly
demand a very high degree of care, would not be judged so blameworthy, as
to justify conviction and punishment. The essential thing for the court to
consider is whether in the whole circumstances of the case as they existed at
the time of the offence the degree of neglect proved is such as, having regard
to the evidence and their military knowledge as to neglect of care that ought to
have been exercised, renders the neglect so substantially blameworthy as to be
deserving of punishment.
(c) The words “good order” used in the section are wide enough to include good
order in the sense in which the words would be understood in civil life and
applicable to civilians and in the sense in which they would be understood in
military life as applicable to members of a military force. It is not sufficient to
prove that the act, etc. is prejudicial to good order but it must also be proved
that the act was prejudicial to discipline. For example, an officer on leave,
away from his unit and in civilian might have committed an act to the
prejudice of good order, but not necessarily to the prejudice of discipline. On
the other hand, once it is established that the conduct, etc., was prejudicial to
discipline it is also prejudicial to good order in the military sense as applicable
to members of a military force.
(d) If there is real doubt as to whether one of the other offences prescribed in the
Act as been committed and the circumstances would justify a less serious
charge under this section, the charge should be laid under this section.
(e) Where a contravention mentioned in sectioned in section 54 (3) is the basis of
a charge, all that the prosecutor needs to prove is:
(i) That the alleged contravention actually occurred, and
(ii) In the case of a breach of regulations, orders or instructions under
subsection (3) (b) or (c), that the regulation, order or instruction was
issued and was published in the manner prescribed by article 1.22
(Notification of Regulations, Orders and Instructions—Reserves) or
article 1.23 (Notification by Receipt of Regulation, Orders and
Instructions) as appropriate.

85
C.I. 12.
Art. 103.47 A.F.R.

103.47—CONDUCT TO THE PREJUDICE OF GOOD ORDER AND

DISCIPLINE—contd.
Upon proof by the prosecutor that the regulation, order or instruction was
issued and promulgated in the manner so prescribed the accused is deemed
to have knowledge of its contents, and it is no defence for him to say that he
was unaware of its existence or was ignorant of its contents.
(f) Attempt may be charged only under this section or section 13. There are
three essential element of an attempt:
(i) An act to commit the offence.
(ii) An act or omission towards thee commission of the offence. The
intent alone is not sufficient if nothing is done to carry it into effect. A
distinction must, however, be drawn between acts or omission towards
the commission of an offence those which are mere preparation.

It is not possible to draw a clear line of distinction but, in general,

preparation consists in devising or arranging the means for the
commission of an offence while on other hand, an act or omission
sufficient to support a charge based upon attempting must involve a
direct movement towards the commission of an offence after the
preparations have been made.

For example, a person, having an intent to set fire to a building, might

purchase matches fro the purpose. The purchase would merely be a
state of his preparations and not such an act as to justify a charge based
on attempting. An example of an act justifying a charge based upon
attempting would be the application of a lighted match to the building.
(iii) Non-completion of the offence. If the actual offence committed, the
alleged offender cannot be convicted of attempting to commit the
offence. If, before a charge based upon attempting is proceeded with,
there is any doubt as to whether the complete offence was or was not
committed, it is advisable to charge the alleged offender in a the
alternative, for example, with having committed an offence and with
having committed an offence based upon attempting, under this
section, or section 13.

In cases involving desertion (section 27-article 103.19), when there is

doubt as to whether the complete offence was committed, an alleged
offender should be charged with commission of the complete offence
only. In such a case, by virtue of section 56 (article 103.49—
“Conviction for related or less serious offence”) it is possible for the
accused to be found guilty of attempting if the commission of the
complete offence is not established.

86
 C.I. 12.
A.F.R. Art. 103.48

103.47—CONDUCT TO THE PREJUDICE OF GOOD ORDER AND

DISCIPLINE—contd.
(g) The following are a few instance of matters commonly charged and alleged
in the particulars of a charge under this section:
Being in improper possession of property belonging to a comrade where
there is no evidence of actual theft;
Producing a medical certificate, knowing it not to be genuine;
Improperly wearing a uniform, rank badges, ribbons or medals to which
the accused person was not entitled;
Giving a false name to the Service Police;
Being unfit for duty by reason of previous indulgence in alcoholic
stimulants.
(h) When an accused is charged under section 54, the service tribunal may
apply its general military knowledge as to what good order and discipline
require under the circumstances and so come to a conclusion whether the
conduct, disorder, or neglect complained of was to the prejudice of both
good order and discipline.

SPECIMEN CHARGES
AN ACT TO THE PREJUDICE OF GOOD ORDER AND DISCIPLE
Particulars: in that he, at (place), on (date), while undergoing the punishment of
confinement to barracks, attempted to break out of station by trying to walk past
the sentry on duty.

AN ACT TO PREJUDICE OF GOOD ORDER AND DISCIPLINES

Particulars: in that he, at (place), on (date), entered the premises of (name), in the
city of ………… contrary to paragraph ……… of ……… standing orders for
(unit), dated………

AN ACT TO THE PREJUDICE OF GOOD ORDER AND DISCIPLINE

Particulars: in that he, at (place), on (date), entered into direct communication
with the Ministry of foreign Affairs on matters connected with his future
employment, contrary to the provisions of articles 19.39 of the Armed Forces
Regulations.
NEGLECT TO THE PREJUDICE OF GOOD ORDER AND DISCIPLINE
Particular: in that he, at (place), on (date), negligently failed to conduct a monthly
audit of the Canteen, as it was his duty to do.

103.48—MISCELLANEOUS OFFENCES
(1) Section 55 of the Armed Forces Act, 1962 provides:
“55. Every person subject to the Code of Service Discipline who
(a) Connives at the exaction of an exorbitant price for property purchased or
rented by a person supplying property or service to the Armed Forces.
87
C.I. 12.
Art. 103.48 A.F.R.

103.48—MISCELLANEOUS OFFENCES—contd.
(b) improperly demands or accepts compensation, consideration or personal
advantage in respect of the performance of any military duty or in respect of
any matter relating to the Armed Forces.
(c) receives directly or indirectly, whether personally or by or through any
member of his family or person under his control, or for his benefit , any
gift, loan, promise, compensation or consideration either in money or
otherwise, from any person for assisting or favouring any person in the
transaction of any business relating to any Armed Forces, or to any forces
co-operating therewith or to any mess, institute or canteen operated for the
use and benefit of members of such forces,
(d) demands or accepts compensation , consideration or personal advantage for
convoying a vessel or entrusted to his care;
(e) being in command of a vessel or aircraft, takes or receives on board goods
or merchandise that he is not authorized to take or receives on board, or
(f) commits any act of a fraudulent nature not expressly specified in the Code
of Service Discipline,
shall be guilty of an offence and on conviction shall be liable to imprisonment for
less than two years or to any less punishment provided by this Act”.
(2) The statement of the offence in a charge under section 55 should be in on e of the
following forms:
(a)
Connived at the
exaction of an to the
exorbitant purchased by a person property
rented supplying services Armed
price for Forces
property
the performance
(b) compensation of a military
Improperly demanded consideration in respect duty
accepted personal of a mater
advantage relating to the
Armed Forces
(c)
compensation
Demanded consideration for convoying a vessel
Accepted personal entrusted to his care
advantage

(d) compensation
Demanded consideration for convoying a vessel
Accepted personal entrusted to his care
advantage

88
 C.I. 12.
A.F.R. Art. 103.48

103.48—MISCELLANEOUS OFFENCES—contd.
(e)
Being in that he on
a vessel took on goods take
command of was not board
an aircraft received board merchandise receive
authorized to
(f)
An act of a fraudulent nature not particulars specifies in the Code of Service Discipline.

NOTES
(a) An example of an offence under paragraph (a) would be the following. A unit
has need of provisions and finds it necessary to make arrangements with a
wholesale grocer fro its supplies. Clandestinely, an officer of the unit makes
arrangements for a farmer to supply the wholesale grocer with certain items at
a price higher than the farmer would otherwise have charged. As a result, the
wholesale grocer is obliged to make a higher charge to the unit.
(b) A charge should not be laid under paragraph (b) of doing something
improperly if the “improper” conduct alleged amounted merely to an error in
judgment or incorrect action. The element of dereliction of duty should have
been present.
(c) The word “fraudulent” in paragraph (f) refers to some deceitful practice or
device resorted to with intent to deprive another of his rights, or in some
manner to do him an injury.

SPECIMEN CHARGES
Sec. 55 (b)
IMPROPERLY ACCEPTED CONSIDERATION IN RESPECT OF THE
A.F.A.
PERFORMANCE OF MILITARY DUTY
Particulars: in that he, at (place), on (date), improperly accepted the sum
of………from the firm of (name), in consideration of the placing with the said
firm of an order for the purchase of (specify item), the placing of the said order
being in performance of his military duty as (specify duty)

RECEIVED A LOAN FOR FAVOURING ANOTHER PERSON IN THE Sec. 55 (c)

TRANSACTION OF BUSINESS RELATION TO A MESS A.F.A.
Particular: in that he, at (place), on (date), in return for placing an order for beer
for the Officers’ Mess of (unit) with (name of firm) received a loan in the amount
of………from A.B., the sale manager of the said firm.

BEING IN COMMAND OF AN AIRCRAFT RECEIVED ON BOARD Sec. 55 (e)

MERCHANDISE THAT HE WAS NOT AUTHORIZED TO RECEIVED ON A.F.A.
Particulars: in that he, at (place), on (date), on being in command of aircraft (type
and number or letter), received on board the said aircraft three flasks of perfume,
he not being authorized to receive the said perfume on board.

89
C.I. 12
Art. 103.49 A.F.R.

103.49—CONVICTION FOR RELATED OR LESS SERIOUS OFFENCES

(1). Section 56 of the Armed Forces Act, 1962 provides:
“56. (1). A person charged with desertion may be found guilty of attempting to
desert or of being absent without leave.
(2) A person charged with attempting to desert may be found guilty of being
absent without leave.
(3) A person charge with any one of the offences specified in section 23
may be found guilty of any other offence specified in that section
(4) A person charges with any of the offences specified in section 24 may be
found guilty of any other offence specified in that section.
(5) A person charged with a service offence may, on failure of proof of an
offence having been committed under circumstances involving a higher
punishment, be fond guilty of the same offence as having been committed under
circumstances involving a lower punishment.
(6) Where a person is charged with an offence under section 77 (article
10.351—“Service Trial of Civil Offences”) and the charge is one upon which, if
he had been tried by a civil court in Ghana for that offence he might have been
found guilty of any other offence, he may be found guilty of that other offence”.

NOTES
(a) It is not necessary to charge a person alternatively in respect of the various
offence mentioned in this section in order to convict him of one of the
related or less serious offences.
(b) Except in the cases mentioned in this section, a service tribunal has no
power to find a person guilty of any offence other than one with which he
is a actually charged.
(c) Subsection (5) relates to a situation where the maximum punishment
varies in accordance with the circumstance, for example, where death is
prescribed as the maximum punishment if an act is done treasonably, and
life imprisonment is the maximum punishment in other cases. When an
accused is charged with having done an act treasonably and the court finds
that the evidence shows that he committed the act but not treasonably it is
competent for the court to make a finding of that fact. Such a finding is a
finding of guilty but does not carry with it the higher degree of
punishment which would be entailed by the original charge.
(d) Subsection (6) relates to a case in which a person is charged with having
committed a civil offence by virtue of a statute and that statute authorizes
his conviction on some other offence. For example, if an accused is
charged with having committed murder, the Criminal Code provides that a
civil court may find him guilty of manslaughter and a court martial would
have the same power.

90
 C.I. 12.
A.F.R. Art. 103.50

103.50—OFFENCES IN RELATION TO SERVICE TRIBUNALS

(1) Section 76 of the Armed Forces Act, 1962 provides:
“76. (1) For the purpose of this section, “service tribunal”, in addition to the
tribunals mentioned in the definition of that expression in section 98, includes a
Court Martial Appeal Court and a Board of Inquiry.
(2) Every person who—
(a) Being duly summoned or order to attend as a witness before a
service tribunal, makes default in attending,
(b) Refuses to take an oath or make a solemn affirmation lawfully
required by a service tribunal to be taken or made,
(c) Refuses to produce any document in his power of control lawfully
required by service tribunal to be produced by him,
(d) Refuses when a witness to answer any question to which a service
tribunal may lawfully required an answer,
(e) Uses insulting or threatening language before or causes any
interruption or interruption or disturbance in the proceedings of a
service tribunal or,
(f) Commits or omits to perform any act before a service tribunal
which act or omission if done or made before a civil court would
constitute a contempt of that Court,
shall be guilty of an offence and on conviction shall liable to imprisonment for
less than two years or to any less punishment provided by this Act; and where an
offence under this section is committed at or in relation to a court martial, that
court martial may, under the hand of its president, issue an order that the offender
undergo, for a period not exceeding thirty days, a term of imprisonment or
detention; and where any such order is issued the offender shall not be liable to
any other proceedings under the Code of Service Discipline in respect of the
contempt in consequence of which the order is issued”.
(2) The statement of the offence in a charge under section 76 should be in one of the
following forms:
(a)
Having been duly a court martial
summoned to attend as a a person presiding made default in
Having been ordered witness before at a summary trial, attending
a board of inquiry,

(b) a court martial,

Refused to take an oath or lawfully a person
make a solemn required by presiding at a
affirmation summary trial,

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C.I. 12
Art. 103.50 A.F.R.

103.50—OFFENCES IN RELATION TO SERVICE TRIBUNALS—contd.

(c)
a court martial,
Refused to produce a power lawfully a person presiding at to be
document in his control required by a summary trial, produced
a board of inquiry, by him

(d)
a court martial,
Refused when a witness to answer a person presiding lawfully required
a question which at a summary trial, him to answer
a broad of inquiry,

(e)
a court martial,
Used insulting a person presiding
language before
threatening at a summary trial,
a broad of inquiry,
(f)
a court martial,
Contempt of a person presiding
at a summary trial,
a broad of inquiry,

(3) An order respecting contempt shall be in the following forms:

“ORDER RESPECTING CONTEMPT”

“WHEREAS a court martial for the trial of …………………………..................................
………………………………………………………………………………………………
(number) (rank) (surname) (forenames in full)

of which I, the undersigned, was president, was on this day sitting at……………………..

………………………………………………………………………………………………
(place)

………………………………………………………………………………………………
(number) (rank) (surname) (forenames in full)

of………..………………………………………………………………………………was
(unit)

guilty of contempt of the court martial in that he ……….........................…………………

………………………………………………………………………………………………
(offence)

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 C.I. 12.
A.F.R. Art. 103.50

103.50—OFFENCES IN RELATION TO SERVICE TRIBUNALS—contd.

Now, therefore, I, in pursuance of section 76 of the Armed Forces Act, 1962, order that

the offender for said contempt do undergo…………………………………………………

………………………………………….for the term of…………………………………..
(imprisonment or detention)
……………………………………………………………………………………………..
……………………………………
(Signature of the President)
Dated this ………………………day of ……………………………………........19…….”

NOTES
(a) A civilian not subject to the Code of service discipline who commit
contempt of a service tribunal can be tried only before a civil court.
(b) A service tribunal is formed when the members are assembled, even
before they are sworn, and anything which would be contempt after they
are sworn would be contempt once they are assembled.
(c) The interruption or disturbance need not be caused within the precinct of
the service tribunal itself, if the circumstances are such as to constitute a
contempt of court.
(d) As a rule a service tribunal should accept an apology sufficient to
vindicate its dignity without resorting to extreme measures.
(e) The summary proceedings for contempt prescribed in this section are not a
trial and, as the contempt generally is committed to in view of the court
martial, an opportunity should be given to the offender to offer any
explain of, or excuse for, his conduct, but no further inquiry will be
necessary.
(f) Normally summary proceedings for contempt shall not be taken under this
section against the accused person or a witness but a charge should be laid
and he should be dealt with at a separate trial. If, however, summary
proceedings against the accused person are considered justified, the
punishment inflicted for the contempt must immediately follow the
contempt and cannot be an addition to the sentence after conviction, or be
ordered to commence at the date of the expiration of the punishment under
the sentence. When summary proceedings are taken under this section
against the accused person, the court martial should adjourn until the
expiration of the punishment inflicted for the contempt, and should record
upon the proceedings the facts which have necessitated the order.

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 C.I. 12
Art. 103.50 A.F.R.

103.50—OFFENCES IN RELATION TO SERVICE TRIBUNALS—contd.

(g) A court martial using the summary procedure prescribed in this section
has no power to do order an offender to undergo any punishment other
than those specified.
(h) An appeal from the Summary order of a Court-Martial committing a
person to imprisonment or detention may lie to the Court-Martial Appeal
Court.
(i) An officer may not be excused by reason of his rank, of contempt before a
disciplinary Court-Martial, and such a tribunal could by summary
procedure prescribed in this section, commit him to imprisonment for
contempt; but the correct procedure for the disciplinary Court-Martial
would almost invariably be to refrain from taking summary proceedings
and report the incident to the appropriate authority.
(j) Since the order under the hand of the president is not sentence, the court
may order an officer or a non-commissioned officer to undergo
imprisonment or detention and in the case of an officer, the award would
not be deemed to include dismissal from the Armed Forces, or in the case
of a chief officer, non-commissioned officer or petty officer the award not
be deemed to include a punishment of a reduction in rank.

SPECIMEN CHARGES
Sec. 76 (a) HAVING BEEN ORDERED TO ATTEND AS A WITNESS BEFORE A
A.F.A COURT MARTIAL, MADE A DEFAULT IN ATTENDANCE

Particulars: in that he, at (place), on (date), having been ordered by (number, rank
and name), his commanding officer, to attend as a witness a General Court
Martial convened to try,(number, rank and name), at (place), did not attend as
ordered.

Sec. 76 (b) REFUSED TO TAKE AN OATH OR MAKE A SOLEMN AFFIRMATION

A.F.A LAWFULLY REQUIRED BY A PERSON PRESIDING AT A SUMMARY
TRIAL, TO BE TAKEN OR MADE

Particulars: In that he, at (place), on (date), when appearing as a witness at a

summary trial before (number, rank and name), when required by the said
(number, rank and name), to be sworn or to make a solemn affirmation refused to
take the oath or make the affirmation prescribed by regulations.

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 C.I. 12.
A.F.R. Art. 103.51

103.51—SERVICE TRIAL OF CIVIL OFFENCE

(1) Section 77 of the Armed Forces Act, 1962 provides:
“77. (1) An act or omission—
(a) That takes place in Ghana and is punishable by a civil court or under any
other enactment,
(b) That takes place out of Ghana and a would, if it had takes place in Ghana,
be punishable by such court or under any other enactment.
shall be an offence and every person convicted thereof is liable to suffer punishment
as provided as in subsection (2).
(2) Subject to subsection (3), where a service tribunal convict a person under
subsection (1), the service tribunal shall—
(a) If under any other enactment a minimum penalty is prescribed, impose a
penalty in accordance with the enactment prescribing that minimum
penalty; or
(b) In any other case,
(i) Impose the penalty prescribed for the offence by that other
enactment, or
(ii) Impose dismissal with disgrace form the Armed Forces or any less
punishment provided by this Act.
(3) All provisions of the code service discipline in respect of a punishment
for death, imprisonment for two years or more, imprisonment for less than two
years, and a fine, apply in respect of penalties imposed under paragraph (a) or
subparagraph (i) of paragraph (b), of subsection (2).
(4) Nothing in this section is in derogation of the authority conferred by
other sections of the code of service discipline to charge, deal with and try a
person alleged to have committed any offence set out in any other provision of
this Act and to impose the punishment for that offence mentioned in the section
prescribing that offence.”
(2) The statement of the offence in a charge under section 77 should be in the
following form:
An offence punishable under section 77 of the Armed Forces Act, 1962 that is to
say (state the offence and the enactment under which it is prescribed).

NOTES

(a) The purpose of this section is to given the character of service offences to
all civil offences prescribed in statutory enactment of Ghana.
(b) It is to be noted that, although the Criminal Code does not normally apply
to acts done or omission in foreign countries, by virtue of subsection (1)
(b) civil offence prescribed in statutes are incorporated in the Code of
Service Discipline and those offences may tried by a service tribunal even
if committed outside of Ghana.

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 C.I. 12.
Art. 103.51 A.F.R.

103.51—SERVICE TRIAL OF CIVIL OFFENCE—contd.

SPECIMEN CHARGES
Sec. 77 AN OFFENCE PUNISHABLE UNDER SECTION 77 OF THE ARMED
A.F.A.
FORCES ACT, 1962, THAT IS TO SAY, MURDER, CONTRARY TO
SECTION 46 OF THE CRIMINAL CODE, 1960
Particulars: In that he, at (place), on (date), did unlawfully murder by shooting
(number, rank and name).

Sec. 77 AN OFFENCE PUNISHABLE UNDER SECTION 77 OF THE ARMED

A.F.A. FORCES ACT, 1962, THAT IS TO SAY, ATTEMPTED MURDER
CONTRARY TO SECTION 48 OF THE CRIMINAL CODE 1960
Particulars: In that he, at (place), on (date), shot, with intent to kill (number, rank
and name).
Sec. 77 AN OFFENCE PUNISHABLE UNDER SECTION 77 OF THE ARMED
A.F.A.
FORCES ACT, 1962, THAT IS TO SAY, WITH INTENT TO DO BODILY
HARM TO A PERSON THREW AT THAT PERSON A CORROSIVE FLUID
CONTRARY TO SECTION 69 THE CRIMINAL CODE, 1960
Particulars: In that he, at (place), on (date) threw sulphuric acid in the face of
(number, rank and name).
Sec. 77 AN OFFENCE PUNISHABLE UNDER THE SECTION 77 OF THE ARMED
A.F.A.
FORCES ACT, 1962, THAT IS TO SAY, WITH INTENT TO PUT A PERSON
IN FEAR OF UNLAWFUL HARM POINTED AT ANOTHER PERSON A
FIREARM CONTRARY TO SECTION 74 OF THE CRIMINAL CODE, 1960

Particulars: In that he, at (place), on (date), did without lawful excuse point a
riffle at (number, rank and name), with intent to put the said (number, rank and
name) in fear of unlawful harm.

Sec. 77 AN OFFENCE PUNISHABLE UNDER SECTION 77 OF THE ARMED

A.F.A. FORCES ACT, 1962, THAT IS TO SAY, RAPE, CONTRARY TO SECTION
97 OF THE CRIMINAL CODE, 1960
Particulars: in that he, at (place), on (date), had carnal knowledge of a woman
named …………………………….. without her consent.
Sec. 77 AN OFFENCE PUNISHABLE UNDER SECTION 77 OF THE ARMED
A.F.A.
FORCES ACT, 1962, THAT IS TO SAY, ATTEMPTED RAPE, CONTRARY
TO SECTION 97 OF THE CRIMINAL CODE, 1960
Particulars: In that he, at (place), on (date), attempted to have carnal knowledge
of a woman named …………………….. without her consent.

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 C.I. 12.
A.F.R. Art. 103.99

103.51—SERVICE TRIAL OF CIVIL OFFENCE—contd.

AN OFFENCE PUNISHABLE UNDER SECTION 77 OF THE ARMED Sec. 77

FORCES ACT, 1962, THAT IS TO SAY, BY CRIMINAL NEGLIGENCE A.F.A.
CAUSED BODILY HARM TO ANOTHER PERSON CONTRARY TO
SECTION 72 OF THE CRIMINAL CODE, 1960

Particulars: In that he, at (place), on (date), did unlawfully cause bodily harm to
(name), by negligently discharge a firearm without first ascertaining that no
person was within the area the bullet might be expected to traverse.

AN OFFENCE PUNISHABLE UNDER SECTION 77 OF THE ARMED Sec. 77

FORCES ACT, 1962, THAT IS TO SAY, WITH INTENT TO CAUSE A A.F.A.
BODILY HARM TO A PERSON USED AN OFFENSIVE WEAPON
CONTRARY TO SECTION 70 OF THE CRIMINAL CODE, 1960.

Particulars: In that he, at (place) on (date), slashed with a razor blade the face of
(number, rank and name), with intent to cause bodily harm to the said (number,
rank and name).

AN OFFENCE PUNISHABLE UNDER SECTION 77 OF THE ARMED Sec. 77

FORCES ACT, 1962, THAT IS TO SAY, ROBBERY CONTRARY TO A.F.A.
SECTION 149 OF THE CRIMINAL CODE, 1960

Particulars: In that he, at (place), on (date), did unlawfully assault (number, rank
and name), with intent to steal from him.

103.52 TO 103.99—INCLUSIVE: NOT ALLOCATED

Back to Table of Contents

97
 CHAPTER 104

PUNISHMENTS AND SENTENCES

Section 1—Explanation

104.01—CONTENTS OF CHAPTER

(1) This chapter contains the punishment that may be imposed for service offences,
together with the general conditions applicable to those punishments.

(2) Limitations upon the powers of punishment of particular classes of service

tribunals are prescribed as follows:—
(a) Summary Trials by Commanding Officers—Chapter 108;
(b) Summary Trials by Superior Commanders—Chapter 110;
(c) General Courts Martial—Section 3 of Chapter 111;
(d) Disciplinary Courts Martial—Section 4 of Chapter 111;

(3) Provisions relating to the execution of punishments appear in Chapter 114.

Section 2—Punishments

104.02—SCALE OF PUNISHMENTS

Section 78 of the Armed Forces Act, 1962, provides in part:

“78. (1) The following punishments may be imposed in respect of service
offences:—
(a) death;
(b) imprisonment for two years or more;
(c) dismissal with disgrace from the Armed Forces;
(d) imprisonment for less than two years
(e) dismissal from the Armed Forces;
(f) detention;
(g) reduction in rank or in the case of the navy, disrating;
(h) forfeiture of seniority;
(i) in the case of the navy, dismissal of an officer from the ship to which he
belongs;
(j) severe reprimand;
(k) reprimand;
(l) fine;
(m) stoppages; and
(n) such other minor punishments as may be prescribed.

Each of the above punishments shall be deemed to be a punishment less than every
punishment preceding it in the above scale, such scale in this Act being referred to as the
“scale of punishments”.

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 C.I. 12.
A.F.R. Art. 104.05

104.03—MEANING OF “LESS PUNISHMENT”

Section 78 of the Armed Forces Act, 1962, provides in part:

“78. (3) Where a punishment is specified by the Code of Service Discipline as a
penalty for an offence, and is further provided in the alternative that on conviction
the offender is liable to less punishment, the expression ‘less punishment’ means
any one or more of the punishment lower in the scale of punishment than the
specified punishment”.

10.4.04—DEATH
Where the only punishment that a court can impose for an offence is death, a finding of
guilty shall not be made except with the circumstance of all the members. Where the
importance of a punishment of death is not mandatory, the punishment of death shall not
be imposed except with the concurrence of all the members of the court martial.

NOTES

The president is one of the “members” of a court martial.

104.05—IMPRISONMENT FOR TWO YEARS OR MORE AND IMPRISON-

MENT FOR LESS THAN TWO YEARS

Section 78 of the Armed Forces Act, 1962, provides in part:

“78. (4) the punishment of imprisonment for two years or more or imprisonment for less
than two years shall be subject to the following conditions:
(a) every person who, on conviction of a service offence is liable to
imprisonment for life or for a term year or other term, may be sentence to
imprisonment for the a shorter term;
(b) a sentence that include a punishment of imprisonment for two years or
more imposed upon an officer shall be deemed to include a punishment of
dismissal with disgrace from the Armed Forces, whether or not the last
mention punishment is specified in the sentence passed by the service
tribunal;
(c) a sentence that include a punishment of imprisonment for less than two
years imposed upon an officer shall be deemed to include a punishment of
dismissal from the Armed Forces, whether or not the last mention
punishment is specified in the sentence passed by the service tribunal;
(d) where a service tribunal imposes a punishment of imprisonment for two
years or more upon a man, the service tribunal may in addition,
notwithstanding any other provision of this Part, impose a punishment of
dismissal with disgrace from the Armed Forces:

99
C.I. 12
Art. 104.05 A.F.R.

104.05—IMPRISONMENT FOR TWO YEARS OR MORE AND IMPRISON-

MENT FOR LESS THAN TWO YEARS—contd.

(e) where a service tribunal imposes a punishment of imprisonment for less

than two years upon a man, the service tribunal may in addition,
notwithstanding any other provision of this Part, impose a punishment of
dismissal from the Armed Forces;
(f) in the case of a chief petty officer, petty officer or leading rating in the
Navy of Ghana or warrant officer or non-commissioned officer in the
Army of Ghana or the Air Force of Ghana, a sentence that include
punishment of imprisonment for two years or more imprisonment for less
than two years shall be deemed to include a punishment of reduction in
rank to the lowest rank to which under regulations he can be reduced,
whether or not the last mentioned punishment is specified in the sentence
passed by the service tribunal; and
(g) a punishment of imprisonment for two years or more imprisonment for
less than two years shall be deemed to be a punishment of imprisonment
with hard labour, but in the case of a punishment of imprisonment for less
than two years, the President or such other person as he may authorize in
that behalf may order that such punishment shall be without hard labour”.

NOTES
(a) With reference to paragraph (f), article 104.09 (Reduction in Rank) prescribes in
the lowest rank to which an offender may be reduced.
(b) A punishment of imprisonment for two years or more cannot be altered to one
“without hard labour” paragraph (g)
(c) For such other persons who may order that a punishment of imprisonment for less
than two years be “without hard labour”, (see article 114.28). Before making an
order to that effect, however, the appropriate authority should acquaint himself
with the nature of the institution where the offender would serve his punishment
and the condition of incarceration that would apply as a consequence of alteration
in the punishment.

104.06—DISMISSAL WITH DISGRACE FROM THE ARMED FORCES

(1) Section 78 of the Armed Forces Act, 1962 provides in part:

“78. (5) where a service tribunal imposes a punishment of dismissal with disgrace
from the Armed Forces upon an officer or man, the service tribunal may in
addition, notwithstanding any other provision of this Part, imposes a punishment
of imposed for less than two year.

100
 C.I. 12.
A.F.R. Art. 104.09

104.06—DISMISSAL WITH DISGRACE FROM THE ARMED FORCES—contd.

(6) A person upon whom a punishment of dismissal with disgrace from the
Armed forces has been carried out shall not, except in an emergency or unless that
punishment is subsequently set aside or altered, be eligible to serve the Republic
of Ghana again in any military or civil capacity”.

104.07—DISMISSAL FROM THE ARMED FORCES

The punishment of dismissal from the Armed Forces does not carry with it the
incapacities accompanying the punishment of dismissal with disgrace from the Armed
Forces.

104.08—DETENTION
(1) Section 78 of the Armed Forces Act, 1962 provides in parts:
“78. (7) The punishment of detention shall be subject to the following conditions:—
(a) detention shall not exceed two years and a person sentenced to detention
shall not be subject to detention for more than two year consecutively by
reason of more than one conviction;
(b) no officer may be sentenced to detention; and
(c) in the case of a chief petty officer, petty officer or leading rating in the
Navy of Ghana or a warrant officer or non-commissioned officer in the
Army of Ghana or the Air Force of Ghana, a sentence that include a
punishment of detention shall be deemed to include a punishment of
reduction in rank to the lowest rank to which under regulation he can be
reduced, whether or not the last mentioned punishment is specified in the
sentence passed by the service tribunal”.

NOTES
(a) With reference to paragraph (c) of section 78 (7), article 104.09, (Reduction in
Rank) prescribes the lowest rank to which an offender may be reduced.
(b) When the term of a punishment of detention exceeds 90 days, it should be
expressed in months, any fraction of a month being stated in days. When the term
is 90 days or less, it should be expressed in days.

104.09—REDUCTION IN RANK
(1) Section 78 of the Armed Forces Act, 1962 provides in part:
“78. (8) the punishment of reduction in rank shall apply to officers, warrant
officers, chief petty officers, petty officers, non-commissioned officer and leading
ratings.
(9) The punishment of reduction in rank shall not—
(a) involve reduction to a rank lower than that to which under regulations the
offender can be reduced;

101
C.I. 12.
Art. 104.09 A.F.R.

104.09—REDUCTION IN RANK—contd.
(b) in the case of a commissioned officer, involve reduction to a rank lower
than commissioned rank; and
(c) in the case of a subordinate officer involve reduction to a rank lower than
an inferior grade of subordinate officer”.
(2) The lowest rank to which a man may be reduced is:
(a) in the case of the Army, private first class;
(b) in the case of Navy, able seamen first class; and
(c) in the case of the Air Force, leading aircraftman.
(3) When a punishment of reduction in rank is imposed, the service tribunal shall
specify the rank to which offender is reduced.

104.10—FORFEITURE OF SENIORITY
(1) Section 78 of the Armed Forces Act, 1962 provides in part:
“78. (10) where an officer or man has been sentenced to forfeiture of seniority, the
service tribunal imposing the punishment shall in passing sentence specify the
period for which seniority is to be forfeited”
(2) An offender cannot, by a punishment of forfeiture of seniority, be deprived of
more seniority than he holds in his rank at time of the imposition of the
punishment.
(3) When a punishment of forfeiture of seniority is imposed, the period of forfeiture
shall be expressed in terms of years, months and days, as applicable.

NOTES
(a) A service tribunal should, if possible, consult the current seniority list to
determine the effect of any proposed punishment of forfeiture of seniority.
(b) If the effect of a punishment of forfeiture of seniority would be to place an
offender among others whose seniority dates from the same day, the relative
seniority as between the offender and those other person is determined under
article 3.14 (Seniority from same date).

104.11—DISMISSAL OF AN OFFICER FROM THE SHIP TO WHICH HE

BELONGS
(1) Section 78 of the Armed Forces Act, 1962 provides in part:
“78. (11) The punishment of dismissal of an officer from the ship to which he
belongs shall apply only to officer of the Navy of Ghana.”
(2) The punishment of dismissal from the ship to which he belongs means dismissal
from the ship or fleet establishment to which the officer belongs at the time the
punishment is imposed.
NOTES
The punishment is expressed in the following form:
“Dismissal from Ghana Navy Ship……”.

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C.I. 12
A.F.R. Art. 104.13

104.12—FINE
Section 78 of the Armed Forces Act, 1962 provides in part:
“78. (12) A fine shall be imposed in a stated amount and shall not exceed in the
case of an officer or man, ‘three months’ basic pay, and in the a case of any other
person the sum of ¢ 200.00 and the terms of payment of a fine shall lie within the
discretion of the commanding officer of the person so punished.”

NOTES
(a) When a service tribunal imposes a fine, the punishment must be expressed
in terms of new cedis sand new pesewas, it cannot be expressed in terms
of a certain number of days’ pay.
(b) In determining the terms of paying fines, commanding officer should have
regard to the state of the offender’s pay account and, to whatever extent is
practical, the financial obligation of the offender.

104.13—STOPPAGES
(1) Section 78 of the Armed Forces Act, 1962 provides in part:
“78. (13) Stoppages shall be affected in the manner prescribed in regulations”.
(2) Stoppages means the recovery, by deduction from the pay of the offender, of a
specified sum by way of compensation for any expense, loss or damage occasioned by
the offence.
NOTES
(a) Before stoppage can be awarded by a service tribunal it must be proved to
the satisfaction of the tribunal that the expense, loss or damage sustained
was the direct consequent of the wrongful act or negligence.
(b) Where the loss or damage has been brought about by the intervening act of
some third person, such loss or damage will have been ‘occasioned by’ the
original wrongful act or negligence, if such intervening act by the third
person should have been foreseen by the person responsible for the
original wrongful act or negligence. Those consequences which should
have been foreseen are direct consequences. For example, if an officer in
charge of military stores is places under a duty to see that the storeroom
containing the stores is placed adequately locked and he fails in that duty
and a thief steals from those stores, then the loss sustained will have been
‘occasioned by’ the negligence of the officer concerned.
(c) Where it would be reasonable to hold that the intervening act of the third
person could not have been foreseen, the original wrongful act or
negligence will not have occasioned the loss or damage sustained as a
result of the intervening act. Thus in example in Note (b), if petrol were
stolen by incendiaries who used it to set fire to other buildings in the
barracks, the damage to the buildings burnt would not have been
‘occasioned by’ failure to lock the storeroom door.

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C.I. 12
Art. 104.13 A.F.R.

104.13-STOPPAGES—contd.
(d) In the case of continuing wrongful act such as the improper use of an
Armed Forces vehicle, any loss or damage which may have occurred to
the vehicle during the continuance of the improper use may be held to
have been occasioned thereby, even although the immediate cause of the
loss or damage was the act or negligence of a third party.

(e) Stoppages can not be awarded for the ordinary expenses of prosecution,
capture or conveyance or indirect losses of a similar nature; however,
where, for example, a soldier refuses to march, being able to do so, and a
taxi has to be hired for his conveyance, he may be held liable for the
expenses thus incurred.

(f) All stoppages must be awarded in the currency in which the Pay Warrant
provides that the person’s pay shall be paid. If the amount of a loss
alleged in a charge is in some other form of currency, evidence should be
given to prove the Ghanaian, etc, equivalent, e.g. where a man paid in
Ghanaian currency is charged with losing property valued at 400 rupees,
the amount of the stoppage should be expressed in New Cedis.

(g) Where it is alleged that damage has been occasioned to property, evidence
must be called to prove the cost of repair. This evidence must be given a
person who can speak of his own knowledge as to the cost of repair. Proof
of the cost of repair cannot be given by the production of a document
made by a third party, e. g. where the damage is to an Armed Forces
vehicle, the production by a G.E.M.E officer of a damage and misuse
report made by a G.E.M.E. staff sergeant would not be permissible; the
staff sergeant would himself have to be called to give evidence as to the
cost of repairing the vehicle, but he could use the damage and misuse
report to refresh his memory, if he prepared the report at the time he made
an inspection of the vehicle.

(h) Where the cost of a repair is not accurately known, a witness can estimate
it and this will enable a tribunal to place an accused under stoppages up to
the amount of the estimate.

(i) Where an accused is charged with losing an article and the cost of that
article is referred to in a document made by order of the Chief of Defence
Staff, the cost of the article may be proved by production of the document.

104.14—MINOR PUNISHMENT
(1) Section 78 of the Armed forces Act, 1962 provides in part:
“78. (1) (n) such other minor punishments as may be prescribed”

104
 C.I. 12.
A.F.R. Art. 104.99

104.14—MINOR PUNISHMENT—contd.
(2) The following minor punishment may be imposed in respect of service offences:
(a) confinement to barracks;
(b) extra work and drill; and
(c) caution

NOTES
The punishment prescribed in (2) of this article may only be imposed at summary trials
held under Chapter 108 (Summary Trial by Commanding Officers). The nature of those
punishment and the limitations upon their imposition are prescribed in that chapter.

Section 3─Sentences

104.15─ONE SENTENCE ONLY MAY BE PASSED

Only one sentence shall be passed on an offender at a trial under the Code of Service
Discipline and, where the offender is convicted of more than one offence, the sentence
shall be good if any one of the offences would have justified it. On a trial, a service
tribunal does not award a “sentence” for each offence committed but rather awards one
“sentence” in respect of all findings of guilty made on, the trial. This “sentence” may
involve more than one type of punishment, e.g. reduction in rank and detention. When
the “sentence” is imposed by the service tribunal it shall be expressed as the total of each
type of punishment that it is intended the accused undergo, e.g. if there are two findings
of guilty on one trial the “sentence” is not expressed as ten days’ detention on the first
charge and five days detention on the second charge, but rather, where the service
tribunal so intends, the sentence is expressed as fifteen days’ detention.

104.16─INCARCERATION UNDER MORE THAN ONE SENTENCE

(1) Section 78 of the Armed Force Act, 1962 provides in part:
“78. (15) Where a person is under a sentence imposed by a service tribunal that
includes a punishment involving incarceration and another service tribunal
subsequently passes a new sentence that also includes a punishment involving
incarceranation, both punishment of incarceration shall, from the date of the
pronouncement of the new sentence, run concurrently, but the punishment higher
in the scale of punishment shall be served first.”

NOTES
When a person is already under an unexpired sentence which has been suspended under
article 114.36 (Conditions Applicable to Suspension), any periods of incarceration under
another sentence will count also in respect of the sentence which has been suspended.

104.17 TO 104.99─ INCLUSIVE: NOT ALLOCATED

Back to Table of Contents

105
C.I. 12.
CHAPTER 105

CUSTODY BEFORE CONVICTION

Section 1─Explanation

105.01─MEANING OF “ARREST” AND “CUSTODY”

(1) The expression “arrest” relates to the apprehension of an alleged offender and also
to his custody from the time of apprehension until he has been discharged from custody
or until his case has been disposed of.

(2) An alleged offender under arrest may be:

(a) in “close custody” (see section 3─ “Close Custody”), which involves
restraint or under escort or guard, whether in confinement or not; or
(b) in “open custody” (see Section 4─ “Open Custody”), which involves
curtailment of privileges but not restraint under escort or guard.

NOTES
A person against whom a charge has been or may be preferred need not necessary be
placed under arrest. The circumstances surrounding each case should be considered in
order to determine whether arrest is appropriate.

105.02─CUSTODY AFTER CONVICTION

The provisions of this chapter relate to custody before conviction and not to custody
following conviction.

Section 2─Placing Under Arrest

105.03─ PERSONS SUBJECT TO ARREST

Section 57 of the Armed Forces Act, 1962 provides in part:
“57. (1) every person who has committed, is found committing is suspected of being
about to commit, or is suspected of or charge under this Act with having committed a
service offence, may be placed under arrest.”

NOTES

All persons subject to the Code of service Discipline (article 102.01─ “Persons
Subject to the Code of Service Discipline”) are liable to arrest in the
circumstances set out in this
article.

105.04 AND 105.05─ INCLUSIVE: NOT ALLOCATED

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A.F.R. Art. 105.07

105.06─POWERS OF OFFICERS AND MEN RELATING TO ARREST—contd.

Section 58 of the Armed Forces Act, 1962 provides:
“58. (1) An officer may, without a warrant, in the circumstances mentioned in section 57
(see article 105.03—“Person Subject to Arrest”), arrest or order the arrest of—
(a) any man
(b) any officer of equal or lower rank; or
(c) any officer of higher rank who is engaged in a quarrel or fray or in any
disorder
(2) A man may, without a warrant, in the circumstances mentioned in section 57,
arrest or order the arrest of─
(a) any man of lower rank; and
(b) any man of equal or higher rank who is engaged in a quarrel or fray in any
disorder

(3) An order given under subsection (1) or subsection (2) shall be obeyed although
the person giving the order and the person to whom and the person in respect of
whom the order is given do not belong to the same Force, unit or other element of
the Armed Forces.

(4) Every person who is not an officer or man, but who was subject to the Code of
Service Discipline at the time of the alleged commission by him of a service
offence, may without a warrant be arrested or ordered to be arrested by such person
as any commanding officer may designate for that purpose”.

NOTES
(a) Where the person arrested is received into close custody the person
arresting or ordering the arrest shall submit to the officer or man into
whose custody that person is committed an account in writing (see article
105.18─ “Duty to Take Over Close Custody─Account in Writing”).
(b) With regard to section 58 (4) of the Armed Forces Act, 1962, it is to be
noted that a commanding officer must designate a person and the person
so designated is authorized under this article to arrest or order the arrest of
a person who has ceased to be subject to the Code of service Discipline.

105.07─APPOINTMENT AND POWERS OF SPECIALLY APPOINTED

PERSONNEL TO ARREST WITHOUT WARRANT
Section 59 of the Armed Forces Act, 1962 provides:
“59. Such officers and men as are appointed under regulations for the purpose of
this section may─
(a) detain or arrest without a warrant any person who is subject to the Code of
Service Discipline, regardless of the rank or status of that person, who has
committed, is found committing, is suspected of being about to commit,

107
C.I. 12.
Art. 105.07 A.F.R.

105.07—APPOINTMENT AND POWER OF SPECIALLY APPOINTED

PERSONNEL TO ARREST WITHOUT WARRANT—contd.
or is suspected of or charged under this Act with having committed a
service offence; and

(b) exercise such other powers for carrying out the Code of Service Discipline
as may be prescribed.”

NOTES

Where the person arrested is received into close custody the person arresting or ordering
the arrest shall submit to the officer or man into whose custody that person is committing
an account in a writing (see article 105.18─ “Duty to Take Over Close Custody─Account
in Writing”)

105.08—POWER TO ARREST WITH WARRANT

Any person authorized in a warrant for arrest and any one else called upon by him to
assist in the execution of such warrant are empowered to arrest the person or persons
named in the warrant.

105.09─HOW ARREST EFFECTED

When a person is arrested he should immediately be informed
(a) that he is under arrest; and
(b) that he is either
(i) in close custody (see Section 3─ “Close Custody”); or
(ii) in open custody (see section 4─ “Open Custody”)

105.10─ USE OF FORCE IN CARRYING OUT ARREST

Section 57 of the Armed Forces Act, 1962 provides in part:

“57. (2) Every person authorized to effect arrest under this Act or under regulations made
thereunder ,may use such force as is reasonably necessary for that purposes”.

NOTES

This section authorizes the use of only such force as is reasonably necessary to effect an
arrest. It does not authorize the use of force that under the circumstances would be
considered excessive. A person using excessive force is answerable in law for the excess.
Whether the force used is excessive is a question of fact in each case.

105.11 AND 105.12─ NOT ALLOCATED

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A.F.R. Art. 105.17

Section 3─ Close Custody

105.13─WHEN CLOSE CUSTODY ADVISABLE

An alleged offender who has been arrested should, when practical, be held in close
custody if:
(a) the offence is of a serious nature; or

(b) the offence is accompanied by drunkenness, violence or insubordination;

or

(c) it is likely that he would otherwise continue the offence or commit another
offence; or

(d) close custody is considered necessary for his protection or safety.

105.14─ HOW CLOSE CUSTODY EFFECTED

When circumstances require that an alleged offender be held in close custody, the person
arresting him shall forthwith place him or cause him to be placed under escort or guard.

105.15—CLOSE CUSTODY OF SUBORDINATE

When it is necessary for a person to arrest anyone junior in rank to himself and hold him
or cause him to be held in close custody, he shall if practical obtain the assistance of one
or more persons of rank equal or junior to that of the person who is to be arrested, and he
shall not, unless his assistance becomes essential, physically participate in the arrest.

105.16—PRELIMINARY DISPOSITION OF PERSON IN CLOSE CUSTODY

(1) Section 60 of the Armed Forces Act, 1962 provides in part:
“60. (1) A person arrested under this part may forthwith on his apprehension be
placed in civil custody or service custody or be taken to the unit or formation with
which he is serving or to any other unit or formation of the Armed Forces, and
such force as is reasonably necessary for the purposes of this section may be
used.”

(2) When practical, a person arrested should be placed in service custody rather than
in civil custody.

105.17—PERSON IN CLOSE CUSTODY ENTITLED TO INFORMATION

An officer or man commanding a guard, guardroom or safeguard or an officer or man
appointed under section 59 of the Armed Forces Act, 1962, shall, upon the request of any
person received into close custody, declare to him the rank and name of the person who
committed him into close custody and on request shall give him, as soon as it is received,
a copy of the account in writing referred to in article 105.18 (Duty to Take Over Close
Custody–Account in writing).

109
C.I. 12.
Art. 105.18 A.F.R.

105.18—DUTY TO TAKE OVER CLOSE CUSTODY—ACCOUNTS IN

WRITING
Section 60 of the armed Forces Act, 1962 provides in part:
“60 (2) An officer or man commanding a guard, guardroom or safeguard or an
officer or man appointed under section 59 shall receive and keep a person who is
under arrest pursuant to this Act and who is committed to his custody, but it shall
be the duty of the officer, man or other person who commits a person into custody
to deliver at the time of such committal, or as soon as practical and in any case
within twenty-four hours thereafter, to the officer or man into whose custody that
person is committed, an account in writing signed by himself, in which is stated
the reason why the person so committed is to be held in custody.”

NOTES
(a) Where an officer or man is ordered to effect an arrest he shall, either at
that time or when the arrest is effected, be given sufficient particulars by
the officer or man ordering the arrest to enable him to complete the
account in writing required by subsection (2) of section 60.
(b) The account in writing must show sufficient particulars of the
circumstances for which the arrest was made including the offence or
suspected offence. It shall be in the form of a charge report (Defence Form
A.252).

105.19—DISCHARGE FROM CLOSE CUSTODY WHERE ACCOUNT OF

OFFENCE NOT DELIVERED
Where a person has been received and kept in also custody under article 105.18
(Duty to Take Over Close Custody—Account in writing). And the account in
writing prescribed in that article is not delivered within twenty-four hours, the
officer or man into whose custody that person has been committed shall, as soon
as practical after the expiration of that time, discharge him from custody.

105.20—REPORT OF CLOSE CUSTODY SUPERIOR AUTHORITY

(1) Section 60 of the Armed Forces Act, 1962 provided in part:
“60 (3) An officer or man who, pursuant to subsection (2), receives a person
committed to his custody shall, as soon as practical and in any case within twenty-
four hours thereafter, give in writing to the officer or man to whom it is his duty
to report the name of that person and an account of the offence alleged to have
been committed by that person as far as is known and the name and rank of the
officer, man or other person by whom the person so committed was placed in
custody, accompanied by any account in writing which has been submitted
pursuant to subsection (2)”. (see article 105.18—Duty to Take Over Close
Custody—Account in writing).
(2) The report shall be as prescribed in article 19.81 (Guard Reports).

110
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A.F.R. Art. 105.23

105.21—PERSONS IN INTERIM CUSTODY

(1) When an officer or man is in the custody of a station, unit or other element of the
Armed Forces other than that to which he belongs, the officer in command,
warrant officer or non-commissioned officer in charge of such station, unit or
other element shall, within forty-eight hours after the custody commences, notify
the station or unit to which the person in custody belongs and the officer in
command of that station or unit shall forthwith arrange for his disposal
(2) When an officer or man is in the custody of any civil authority, it shall be the duty
of the officer in command of any station, unit or other element of the Armed
Forces, upon request immediately to take over the person in custody or cause him
to be taken over by other Armed Forces authority.

NOTES
An officer or man may be held in service custody prior to trial only when arrested in
connection with a charge laid or to be laid under the Code of service Discipline, (see
article 105.03—“Persons Subject to Arrest”). If a civil authority requests that an officer
or man in his custody be taken over under (2) of article 105.21 the commanding officer
concerned will inform the civil authority that the person will be taken over but the service
is not empowered to hold the accused in arrest except in connection with a charge laid
under the Code of Service Discipline, and accordingly, the accused will not, if released to
the service, be held in custody on the civil charge, but will be returned to duty unless he
is subsequently placed in service custody on a charge laid under the Code of Service
Discipline.

105.22—CONDITIONS OF CLOSE CUSTODY OF OFFICERS AND WARRANT

OFFICERS (SEE ALSO ARTICLE 105.24)
An officer, warrant officer, senior non-commissioned officer, chief petty officer or petty
officer, in close custody shall normally be confined to quarters under the charge, where
practical, of an escort of at least equal rank; but may in exceptional circumstances be
placed under the charge of a guard.

105.23—CONDITIONS OF CLOSE CUSTODY OF MEN, OTHER THAN

WARRANT OFFICERS, SENIOR NON –COMMISSIONED OFFICERS, CHIEF
PETTY OFFICERS AND PETTY OFFICERS (SEE ALSO ARTICLE 105.24)
(1) Subject to article 105.27 (When Persons in Close Custody sent to Hospital), a
man, other than a warrant officer, senior non-commissioned officer, chief petty officer or
petty officer in close custody shall be confined:
(a) in a cell or guardroom under the charge of a guard; or
(b) if no cell or guardroom is available, in any other suitable place at the
section or unit; or
(c) if no other suitable place is available, in a place where persons awaiting
trial for civil offences may lawfully be confined; but not for longer than
seven days.
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C.I. 12.
Art. 105.23 A.F.R.

105.23—CONDITIONS OF CLOSE CUSTODY OF MEN, OTHER THAN

WARRANT OFFICERS, SENIOR NON–COMMISSIONED OFFICERS,
CHIEF PETTY OFFICERS AND PETTY OFFICERS (SEE ALSO
ARTICLE 105.24)—contd.
(2) The commanding officer shall ensure, when practical, that a man in close custody
is visited at least once daily by a medical officer and is supplied with bedding.
(3) A junior non-commissioned officer or leading seamen in close custody shall,
when practical be confined in a cell, guardroom or other place separate from men of
lower rank.

105.24—CONDITIONS OF CLOSE CUSTODY COMMON TO OFFICERS AND

MEN
(1) An officer or man not on active service who is in close custody shall not be
required to perform any duty except such as may be necessary to relieve him of the
charge of any cash, accounts or material for which he is responsible or, in the case of a
man, such as may be required of him to keep his cell in good order
(2) An officer or man on active service who is in close custody may be ordered to
perform any duties which he might properly have been ordered to perform if he had not
been in close custody; but care shall be taken to ensure that he is not required, by reason
only of his being an alleged offender, to perform any duties in addition to those required
of others.
(3) Notwithstanding anything in this article, an order given to an officer or man in
close custody to perform a duty, or the performance of a duty by him, shall not relieve
him from liability to be proceeded against for the offence for which he was arrested.
(4) An officer or man in close custody may be deprived of all articles which might
enable him to harm himself or others or might facilitate his escape or the escape of
others, except when he is required to carry out any duty under (2) of this article which
involves the bearing of arms.
(5) Unless with the permission of the commanding officer, no person shall be
admitted to the place where an officer or man is held in close custody, except:
(a) the orderly officer;
(b) a chaplain
(c) a medical officer;
(d) the person immediately responsible for his custody;
(e) when the accused is awaiting summary trial, an assisting officer if one has
been detailed; and
(f) if the accused is awaiting trial by court martial,

(i) his defending officer or counsel,

(ii) his adviser, and
(iii) if he has no defending officer or counsel, his witnesses

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A.F.R. Art. 105.28

105.24—CONDITIONS OF CLOSE CUSTODY COMMON TO OFFICERS AND

MEN—contd.
(6) An officer or man in close custody shall be permitted to send letters and telegrams
and to read all correspondence addressed to him; except that the commanding officer
may, on the grounds of security, direct that all letters, telegrams and other
correspondence originated by or addressed to the person in close custody shall be
scrutinized by an officer designated by the commanding officer, and an officer so
designated may either withhold any such correspondence or delete any portion of it.
(7) An officer or man in close custody may be permitted to take under supervision,
the exercise necessary to preserve his health.
(8) An officer or man in close custody shall be denied the privileges of his or any
other mess.

105.25—SPECIAL CONDITIONS OF CLOSE CUSTODY OF WOMEN

(1) Female persons shall not be held in close custody in the same accommodation as
is provided for male officers or men, and shall always be escorted by a woman, of
appropriate rank.
(2) Female persons shall not be held in close custody in the charge of male guards,
except where other arrangements are unpractical and then only for as short a time as
possible.

105.26—OBSERVATION OF PERSONS IN CLOSE CUSTODY

When a man other than a warrant officer or senior non-commissioned officer or
equivalent rank, is held in close custody, or when an officer or warrant officer or senior
non-commissioned officer or equivalent rank is held in close custody in a place other than
his quarters, he shall be observed by the person in charge of the place where he is in close
custody at least once every hour for the first three hours after he arrives at that place and
at least once every two hours thereafter. If any symptoms of illness are observed, the
medical officer shall be sent for immediately.

105.27—WHEN PERSONS IN CLOSE CUSTODY SENT TO HOSPITAL

When an officer or man in close custody is sent to a hospital, he shall, while in hospital
and while being transferred to and from hospital, continue to be held in close custody,
unless he is ordered to be released from close custody by a commanding officer under
article 105.29 (Subsequent Disposition of Person in Close Custody).

105.28—CUSTODY OF ACCUSED DURING TRIAL

(1) Unless otherwise directed under (4) of this article, an accused person, whether or
not he is already in close custody, shall be held in close custody for the duration of his
trial before a service tribunal.
(2) An officer or man, while before a service tribunal for trial, shall be in the charge
of an escort who shall when practical be an officer or man, as the case may be, of
equivalent or
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C.I. 12
Art. 105.28 A.F.R.

105.28—CUSTODY OF ACCUSED DURING TRIAL—contd.

higher rank. The escort shall be responsible for the safe custody of the accused person,
but shall obey the directions of the service tribunal while the trial is in progress.
(3) An accused person shall not be handcuffed while before a service tribunal unless
it is necessary for the purpose of preventing escape or violent conduct.
(4) The officer presiding at a summary trial or the president of a court martial may,
for such period of the trial or of any adjournment as he directs, cause an accused person
to be discharged from close custody and may or may not order him to be placed in open
custody for all or any part of that period. (See section 4—“Open Custody”)
(5) When a person has been discharged from close custody under (4) of this article,
whether placed in open custody or not, the officer presiding at a summary trial or the
president of a court martial, as the case may be, may cause him to be place again in close
custody.

105.29—SUBSEQUENT DISPOSITION OF PERSON IN CLOSE CUSTODY

(1) When under article 105.16 (Preliminary Disposition of Person in Close Custody),
a person has been placed in civil custody or service custody or is taken to a unit or
formation of the Armed Forces, a commanding officer may order that person:
(a) to continue to be held in close custody; or
(b) to be discharged from close custody and placed in open custody (see
section 4—“Open Custody”); or
(c) to be discharged from close custody, without placing him in open custody.

(2) When a person has been held continuously in close custody under (1) (a) of this
article, a commanding officer may at any time discharge him from close custody and at
the same time, or at any time prior to disposal of the case, may place him in open custody
(see section 4—“Open Custody”)

(3) When all the charges against a person in close custody have been dismissed, the
commanding officer shall immediately order that person to be discharged from custody.

(4) When a person has been discharged form close custody, a commanding officer may,
subject to subsection (3) of section 61 of the Armed Forces Act, 1962 (see article
105.34—“Limitations in Respect to Custody”), at any time place him again in close
custody in respect of the offence with which he was originally charged.

Section 4—Open Custody

105.30—WHEN PERSON IN OPEN CUSTODY

Every alleged offender who is under arrest, but who is not in close custody, is in open
custody and shall continue to be in open custody until under A.F.R he is either placed in
close custody or discharged from custody.

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A.F.R. Art. 105.33

105.31—CONDITIONS FOR OPEN CUSTODY

(1) An officer or man in open custody shall not:
(a) leave his station, unit, ship, camp or other place, except as authorized by
the commanding officer; or
(b) use the common rooms, other than the dining-room, of his or any other
mess or enjoy any other mess privileges; or, in the case of the Navy, visit
any wet canteen; or
(c) appear at any place of entertainment; or
(d) appear outside his quarters, dressed otherwise than in uniform.
(2) An officer or man in open custody may:
(a) be required to report at such places and times as may be specified by a
superior officer; and
(b) be ordered to perform any duties which he might properly have been
ordered to perform if he were not in open custody; but care should be
taken to ensure that he is not required, by reason of his being an alleged
offender, to perform any duties in addition to those required of others.

105.32—SUBSEQUENT DISCHARGE OF PERSON FROM OPEN CUSTODY

(1) An officer or man may be discharged from open custody at anytime by or under
the authority of a commanding officer.
(2) When all the charges against a person in open custody have been dismissed, the
commanding officer shall immediately order that person to be discharged from custody.
(3) When an officer or man is placed in close custody, he shall thereupon cease to be
in open custody
(4) When an officer or man has been in open custody and has been discharged there
from under (1) of this article, he may be placed again in open custody or in close custody
by or under the authority of a commanding officer for the offence with which he was
originally charged.

Section 5—Special Provisions

105.33—SPECIAL REPORT IN CASE OF OFFICERS AND WARRANT

OFFICERS
(1) In addition to any report required under article 105.20 (Report of Close Custody
to Superior Authority), when an officer or warrant officer is arrested, the commanding
officer shall immediately report the case to his service Headquarters.
(2) When an officer or warrant officer, having been arrested, is discharged from
custody and has not been remanded for summary trial by a superior commander or trial
by a court martial, the commanding officer shall send a report of the circumstances to his
service Headquarters.

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Art. 105.34 A.F.R.

105.34—LIMITATIONS IN RESPECT OF CUSTODY

(1) Section 61 of Armed Forces Act, 1962 provides:
“61. (1) Where a person triable under the Code of Service Discipline has been
placed under arrest for a service offence and remains in custody for eight days
without a summary trial having been held or court martial for his trial having been
ordered to assemble, a report stating the necessity for further delay shall be made
by his commanding officer to the authority who is empowered to convene a court
martial for the trial of that person, and a similar report shall be forwarded in the
same manner every eight day until a summary trial has been held or a court
martial has been ordered to assemble.

(2) Every person held in custody in the circumstances mentioned in

subsection (1) who has been continuously so held for a period of twenty-eight
days without summary trial having been held or a court martial having been
ordered to assemble, shall at the expiration of that period be entitled to send to the
President, or to such other authority as the President may appoint in writing for
that purpose, a petition to be freed from custody or for the disposal of the case,
and in any event that person shall be so freed when a period of ninety days
continuous custody from the time of his arrest has expired, unless a summary trial
has been held or a court martial has been ordered to assemble.

(3) A person who has been freed from custody pursuant to subsection (2)
shall be subject to re-arrest for the offence with which he was originally charged,
except on the written order of an authority having power to convene a court
martial for his trial”.

(2) The report referred to in (1) of this article shall be in the form prescribed by the
Chief of Defence Staff. (Defence Form A.4)

105.35 TO 105.99—INCLUSIVE: NOT ALLOCATED

Back to Table of Contents

116
 CHAPTER 106

PREPARATION OF CHARGE FORMS

Section 1—Explanation

106.01—MEANING OF “CHARGE”
For the purposes of proceedings under the Code of Service Discipline, a charge is a
formal accusation that a person amenable to that Code has committed a service offence.

106.02—MEANING OF “ALTERNATIVE CHARGE”

Charges may be laid in the alternative where the allegations in the particulars are
considered capable of supporting a finding of guilty:

(a) of one of several offences; or

(b) of a particular offence but, failing proof of one or more elements of that
offence, another offence; and only by trial may the actual offence, if any,
be determined.

NOTES

(a) An alternative charge sheet should be used except in the following

circumstances:
(i) where there is a real doubt that the act or omission amounted to a
completed offence, and an attempt is charged;
(ii) where an essential element of an offence is in doubt, but the
remaining elements constitute conduct to the prejudice, as
illustrated by the example given in article 106.16 (2) where the
essential element of intent in stealing is in doubt
(iii) where a service offence is inherently a more serious form of
conduct to the prejudice of good order and discipline as, for
example, in the offences of scandalous, cruel or disgraceful
conduct (section 32 of the Armed Forces Act, 1962); or
(iv) where there is doubt as to whether in law the particulars constitute
one offence or another.

(b) Before laying charges in the alternative, reference should be made to

article 103.49 which prescribes cognate offences and, if the charge is
under section 77 of the Armed Forces Act, 1962 (see article 103.51), it
should be borne in mind that many civil charges permit of a conviction for
included offences without such offences being charged. For example, on a
charge of murder, manslaughter may be found but need not be charged.

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C.I. 12
Art. 106.02 A.F.R.

106.02—MEANING OF “ALTERNATIVE CHARGE”—contd.

(c) The military offence of conduct to the prejudice of good order and
discipline under section 54 may be charged as alternative to a specific
offence under the Code of Service Discipline, or to a civil offence under
section 77, if the lack of one or more elements of those offences would
still justify a conviction for prejudicial conduct. Likewise, if there is doubt
as to the offence having been fully committed, an attempt to commit it
could be charged as an alternative under sections 13 or 54.
(d) Where it is not practical prior to trial to ascertain which of several
offences have been committed, those which appear as reasonably possible
of having been committed should, if charged, be charged in the alternative.
An example would be stealing or receiving stolen goods under section 52
and improper possession under section 54.
(e) Charges should not be laid in the alternative if the acts complained of
appear fully capable of supporting a charge on the more serious offence;
but where the more serious offence carries a mandatory punishment it
may, on occasion, be considered desirable to charge as an alternative
another less serious offence to permit the court to take a more lenient view
of the circumstances. For an example, see Note (a) to article 103.25.
(f) Where charges are laid in the alternative the more serious charge should
be placed first in order on the charge sheet.

106.03—WHEN CHARGE REPORT PREPARED

(1) Every charge under the Armed Forces Act, 1962 against an officer or man shall
initially be recorded on a charge report
(2) A charge report shall be:
(a) in writing; and
(b) prepared in accordance with section 2 of this chapter.

NOTES
Charge reports are not prepared when the accused is a civilian subject to the Code of
Service Discipline. In such a case, the initial action is preparation of a charge sheet.

106.04—WHEN CHARGE SHEET PREPARED

A charge sheet shall be prepared in accordance with section 3 of this chapter when a
charge is referred to a superior commander for trial under section 64 of the Armed Forces
Act, 1962 or to a convening authority with a recommendation for trial by court martial.

Section 2—Preparation of Charge Reports

106.05—GENERAL PROVISIONS
(1) Every charge report shall contain:
(a) a commencement (see article 106.06); and

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A.F.R. Art. 106.08

106.05—GENERAL PROVISIONS—contd.
(b) the charge or charges (see article 106.07).
(2) All charges should be included in one change report but, when it is considered
desirable, the charges may be recorded in separate charge reports.
(3) If there is more than one charge in a charge report, the charges should be
numbered and when charges are laid in the alternative, the alternative nature of
the charges involved shall be indicated on the charge report.
(4) The section of the Armed Forces Act, 1962 under which a charge is laid should be
set out in a charge report.
(5) A separate charge report shall be prepared for each person charged.
(6) Every charge report shall contain a minute, to be signed by each officer dealing
with the case showing the action that he has taken.
(7) Every charge report shall contain a list of the witnesses whom it is expected will
be called on the hearing of the charge.

NOTES
(a) For form of charge report, see article 106.10
(b) The list of witnesses should not be compiled with reference to any particular
charge in the charge report nor should any indication be given of the evidence that may
be expected.

106.06—COMMENCEMENT
Every charge report shall begin with the number, rank, name and station, unit or ship of
the person charged.

106.07—CHARGES
Each charge in a charge in report shall;
(a) allege one offence only; and
(b) contain,
(i) a statement of the offence with which the accused is charged (see
article 106.08), and
(ii) a statement of the particulars of the act, omission, conduct disorder
or neglect constituting the offence (see article 106.09)

NOTES
As an example of the rule prescribed in (a), a single charge under section 16(i) of the
Armed Forces Act, 1962 alleging that the accused “forced or struck a sentinel” would be
a bad charge as it would allege two separate offences

106.08—STATEMENT OF OFFENCE
Every statement of an offence in a charge report should be drawn in accordance with the
appropriate form prescribed in Chapter 103 (Service Offences)

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C.I. 12.
Art. 106.09 A.F.R.

106.09—STATEMENT OF PARTICULARS
(1) Every Statement of the particulars of an offence in a charge report shall include
sufficient details to enable the accused to know exactly what he is charged with, so that
he may prepare his defence and direct it to the occasion and the events indicated in the
charge.
(2) A statement of the particulars of an offence should, when practical, include an
allegation of the place, date and time of the alleged commission of the offence.

NOTES
If the actual date or time is not certain, the date or time of the alleged commission of the
offence may be described as “on a day between” two limiting dates, “between …….
Hours and ………. Hours”, or “at approximately …….. hours”, but when this is done,
care should be taken to make as close an estimate as the circumstances permit.

106.10 FORM OF CHARGE REPORTS

A charge report shall be prepared in following form:
(Defence Form A.252)

CHARGE REPORT

PART I

THE ACCUSED …………………………………………………………………………...

(number) (rank) (surname) (forenames in full)

………………………………………………………………………………………………
(station, unit or ship) (service)

is charged with having committed the following offence(s):

Charge Section of Statement of

Statement of Offence
Number AFA Particulars

WITNESSES

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A.F.R. Art. 106.11

106.10 FORM OF CHARGE REPORTS—contd.

(Reverse side of Form)

PART II

SIGNATURE OF OFFICER

DISPOSAL OF CHARGES: DEALING WITH CASE DATE

Referred to ………………… ……………………………. ……………………..

To be held in……..Custody (Name and Rank)
(Close or Open) OR …...………………………
Not to be Held in Custody (office)
Dismissed or found not …...……………………… …...…………………
guilty of Charge(s) (Name and Rank)
number(s) …………….. …...………………………
(office)
Guilty of Charge(s) num- …...……………………… …...…………………
ber(s)…..and sentenced, (Name and Rank)
without punishment …...………………………
warrant, to ……………. (office)
Guilty of Charge(s) num- …...……………………… …...…………………
ber(s)……and sentenced (Name and Rank)
after approval of punish-
ment warrant, to ……….. …...………………………
(office)

Charge sheet prepared …...……………………… …...…………………

and referred to superior (Name and Rank)
authority …………….. …...………………………
(office)

Section 3—Preparation of Charge sheets

106.11—GENERAL PROVISIONS
(1) Every charge sheet shall contain:
(a) a commencement (see article 106.12); and
(b) the charges (see article 106.13).

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C.I. 12.
Art. 106.11 A.F.R.

106.11—GENERAL PROVISIONS—contd.
(2) A charge sheet shall be signed by the commanding officer of the person charged
and shall show the date upon which it is so signed.
(3) All charges should normally be included in one charge sheet, but when the
commanding officer, superior commander or convening authority considers it desirable,
the charges shall be recorded in separate charge sheets.
(4) If there is more than one charge in a charge sheet, the charges shall be numbered
and, when laid in the alternative, the alternative nature of the charges involved shall be
indicated on the charge sheet.
(5) Every charge sheet shall contain a note in the margin at the left of each charge
indicating the section of the Armed Forces Act, 1962 under which it is laid.
(6) A separate charge sheet shall be prepared for each person charged.

NOTES
For specimen charge sheets, see article 106.16

106.12—COMMENCEMENT
(1) Every charge sheet shall begin with the number, rank, name, and station, unit or
ship of the person charged.
(2) Subject to (3) of this article, the following form shall be used at the
commencement of every charge sheet:
The accused (number) (rank) (surname) (forenames in full) (station), (unit or ship)
(service) is charged with having committed the following offence(s).
(3) When a person other than an officer or man is charged, the following form should
be used:
The accused (surname) (forenames in full) is charged with having while subject to
the Code of Service Discipline as (an officer) (man), committed the following
offences(s).

106.13—CHARGES
Each charge in a charge sheet shall—
(a) allege one offence only; and
(b) be divided into two parts as follows:
(i) a statement of the offence with which the accused is charged (see
article 106.14); and
(ii) a statement of the particulars of the act, omission, conduct,
disorder, or neglect constituting the offence (see article 106.15).

NOTES
As an example of the rule prescribed in (a), a single charge under section 16 (i) of the
Armed Forces Act, 1962 alleging that the accused “forced or struck a sentinel” would be
a bad charge as it would allege two separate offences.

122
 C.I. 12.
A.F.R. Art. 106.16

106.14—STATEMENT OF OFFENCE
Every statement of an offence in a charge sheet should be drawn in accordance with the
appropriate form prescribed in Chapter 103 (Service Offences).

106.15—STATEMENT OF PARTICULARS
Every statement of the particulars o an offence in a charge sheet shall include sufficient
details to enable the accused to know exactly what he is charged with, so that he may
prepare his defence and direct it to the occasion and the event indicated in the charge.

NOTES

If the actual date or time is not certain, the date or time of the alleged commission of the
offence may be described as “on a day between two limiting dates, “between……………
hours and …………………hours”, “at approximately……………..hours”, but, when this
is done, care should be taken to make as close an estimate as the circumstances permit.

106.16—SPECIMENS
(1) The following is a specimen charge sheet containing two charges:

CHARGE SHEET

The accused, No. 1000 Corporal DOE, JOHN JOSEPH DAVID, 12th Battalion Ghana
Army (Regular) is charged with having committed the following offences.

DISOBEYED A LAWFUL COMMAND OF A SUPERIOR OFFICER

Particulars: In that he at Tema at approximately 1630 hours, 12th July, 1963 did First Charge
not stand to attention when ordered to do so by No. 1005 Sergeant Right, RU. Sec. 22
A.F.A
ABSENTED HIMSELF WITHOUT LEAVE

Particulars: In that he at 1630 hours, 25th June, 1963 without authority, was Second
absent from 12th Battalion Ghana Army, and remained absent until 1000hours, Charge
Sec. 29
11th July, 1963.
A.F.A

(Signed) “I. M. HEAD”

(I. M. Head) Lt-Col.
Commanding Officer,
12th Battalion, Ghana Army.
15th July, 1963.

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 C.I. 12
Art. 106.16 A.F.R.

106.16—SPECIMENS—contd.
(2)—The following is a specimen charge sheet containing three charges, one of
which is laid in the alternative:

CHARGE SHEET

The accused, No. 9000 Petty Officer BORDEN, George Henry, G.N.S.
“NONAME”, Ghana Navy (Regular) is charged with having committed the
following offences:

STEALING

First Charge Particulars: In that he in G.N.S “NONAME” on 12th July, 1963, stole a wrist-
(Alternative to
Second Charge
watch bearing the initials “J.D.”, the property of No. 1000 leading to second
Sec. 52 Seaman DOE, J.D.
A.F.A.

CONDUCT TO THE PREJUDICE OF GOOD ORDER AND DISCIPLINE

Second Charge Particulars: In that he in G.N.S “NONAME” at 1500 hours, 15th July, 1963, was
Alternative to
First Charge)
improperly in possession of a wrist-watch bearing the initials “J.D.”, the property
Sec. 54 of No. 1000 Leading Seaman DOE, J.D.
A.F.A.

LOST BY NEGLECT PUBLIC PROPERTY

Third Particulars: In that he in G.N.S “NONAME”, between 14th June, 1963, and 28th
Charge
Sec. 51
June, 1963, through neglect lost one portable electric drill.

(Signed) “I. M. HEAD”

(I. M. Head) Captain
G.N.S. “NONAME”

16th July, 1963.

106.17 TO 106.99—INCLUSIVE: NOT ALLOCATED

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124
 C.I. 12.

CHAPTER 107

INVESTIGATION OF CHARGES

107.01—GENERAL RULES FOR THE INVESTIGATION OF CHARGES

(1) Every charge against an officer or man shall be investigated in his presence
without delay in accordance with these Regulations.
(2) An officer who does not dismiss or summarily dispose of a charge which he
investigates shall take care to avoid expressing any opinion as to the guilt or innocence of
the person charged.
(3) Commanding Officers shall arrange that charges may be heard daily (Sundays,
Good Friday and Christmas Day excepted) and, when practical in the morning.
(4) Every charge against an officer or warrant officer shall be investigated in the first
instance by the commanding officer.
(5) Every charge against a man below the rank of warrant officer shall be investigated
in the first instance by the delegated officer (if one exists) at such hour as to allow a man
against whom a charge is preferred a reasonable opportunity to go before the
commanding officer at the appointed time.
(6) When investigating a charge the rules of evidence (see Appendix “I” to this
Volume) shall be adhered to.
(7) When investigating a charge the delegated officer shall decide whether he should
dismiss the charge or dispose of the matter by the award of a punishment within his
powers under Article 108.11 (“Powers of Punishment of Delegated Officer”), or whether
a prima facie case has been established for the attention of the commanding officer. The
investigation shall be made even though the offence appears to be of too serious a nature
to be disposed of by the delegated officer.
(8) A charge shall be heard in the first instance by a male officer in the case of a man,
and by a woman officer in the case of a woman.
(9) During the investigation of the charges against him and during his trial, a man
shall be deprived of his cap and of any article capable of being used as a weapon or
missile.
(10) An adjutant, as such, has no power to award any punishment, but if he is in
temporary command or is a delegated officer, he may make such awards as are within his
powers as such temporary commander or delegated officer. In no case should any such
award be recorded as being made by him as adjutant.

107.02—ENTRY OF CHARGES AND AWARDS

(1) Whenever a man brought before a delegated officer on a charge the delegated
officer shall obtain the charge report. When he disposes of the offence himself he shall
complete the entries in respect of each charge and return the charge report to the orderly
room, or wherever else it should normally be retained, in order that particulars may be
available for inclusion in Part II Order if necessary.

125
 C.I. 12
Art. 107.02 A.F.R.

107.02—ENTRY OF CHARGES AND AWARDS—contd.

(2) When a delegated officer refers a case for disposal by his commanding officer, he
shall submit the charge report to that officer before the hour fixed for the disposal of
offences by the commanding officer.
(3) The disposal of the offence by the commanding officer shall be entered by him on
the charge report; this form then being returned to the delegated officer who shall enter
any award on the offender’s conduct sheet and dispose of the charge report in accordance
with (1) of this article.
(4) A delegated officer who has referred a charge for the decision of his commanding
officer shall always attend with the man’s conduct sheet when the man is brought before
the commanding officer.
(5) If a man is remained for further inquiry the charge against him shall be brought
forward daily and the order for remand entered daily in the charge report by the
investigation officer.

NOTES

(a) It is important to ensure that an accused persons is brought to trial with all
possible speed—see article 105.34 (Limitations in Respect of Custody) for
the reports required to be made every eight days, the accused’s right to
petition to be free from custody after twenty-eight days and his right to be
freed after ninety days.
(b) Before dismissing any charge the officer dealing with that charge should
realize that if the charge is dismissed it cannot subsequently be proceeded
with, since Section 81 of the Armed Forces Act, 1962 precludes a service
tribunal from trying an accused upon a charge that has been dismissed.

107.03 TO 107.99—INCLUSIVE: NOT ALLOCATED

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126
 C.I. 12
CHAPTER 108

SUMMARY TRAILS BY COMMANDING OFFICERS

Section I—Introductory

108.01—TRIALS AUTHORIZED UNDER THIS CHAPTER

Summary trials under this chapter shall be before:

(a) an officer to whom a commanding officer has delegated powers of trial
and punishment (see article 108.10) (referred to in this chapter as a
“delegated officer”); or
(b) a commanding officer.

108.02—RESPONSIBILITY OF COMMANDING OFFICER FOR PUNISH-

MENTS
(1) The commanding officer shall be responsible for all punishments imposed at his
station, unit or ship by him or by a delegated officer.
(2) In particular, a commanding officer shall ensure that:
(a) no unauthorized punishment is imposed
(b) the punishment imposed is appropriate to the offence charged and
applicable to the offender at the time the punishment is imposed;
(c) no unauthorized officer or other person imposes any punishment: and
(d) when a minor punishment has been imposed, it is carried into effect in
accordance with section 5 of this chapter.

NOTES
The powers of a commanding officer to alter or remit a punishment imposed by himself
or by a delegated officer are prescribed in articles 114.55 (Power to Quash Findings and
Alter Findings and Sentences).

108.03 TO 108.09—INCLUSIVE: NOT ALLOCATED

Section 2—Trial by Delegated officer

108.10—DELEGATION OF COMMANDING OFFICER’S POWERS

(1) Subject to (3) of this article a commanding officer may authorize any officer not
below the rank of captain or equivalent who is serving under his command to exercise, in
respect of offences included in (1) or article 108.28, powers of trial and punishment under
this section of men below the rank of warrant officer class 2 (Army), chief petty officer
(Navy) and warrant officer (Air Force).

(2) An authorization under (1) of this article shall be in writing and contain the name
of the delegated officer or a designation of him by reference to his appointment or the
duties he performs.

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C.I. 12
Art. 108.10 A.F.R.

108.10—DELEGATION OF COMMANDING OFFICER’S POWERS—contd.

(3) The classes of officers whom a commanding officer may, under this article,
authorize to exercise powers of trial and punishment and, within the limits prescribed by
the Armed Forces Act, 1962 the maximum punishments they may impose, may be
limited as prescribed by a Service Commander in respect of his Service.

NOTES

(a) A delegated officer cannot try—

(a) a civilian subject to the Code of Service Discipline (See article 102.19).
(b) a charge of murder, rape or manslaughter committed in Ghana (see article
102.23); or
(c) an accused charged with an offence not included in (1) of article 108.28.

If a delegated officer should purport to try an accused charged with an offence not
included in (1) of article 108.28 the proceedings are a nullity and the accused may
be tried by a tribunal having jurisdiction.

(b) A delegated officer has jurisdiction in respect of a man who is not a member of,
but who is present at, the unit to which the delegated officer belongs. Where the trial of a
man of another unit can be held just as conveniently by the accused’s own commanding
officer as by the commanding officer of the unit at which the accused is present when
proceedings are taken, a delegated officer should not exercise his jurisdiction.

108.11—POWERS OF PUNISHMENT OF DELEGATED OFFICER

The powers of punishment of a delegated officer shall be limited to the punishments and
subject to the conditions prescribed in the table to this article, and to such further
limitations as the commanding officer may from time to time direct in writing.

NOTES
(a) The powers of a commanding officer to alter or remit a punishment imposed by
himself or by a delegated officer are prescribed in article 114.55—“Power to Quash
Findings and Alter Findings and Sentences”

(b) A lance-corporal or lance-bombardier is not a non-commissioned officer and is

included in the phrase “all men below corporal”

128
 C.I. 12.
A.F.R. Art. 108.11

108.11—POWERS OF PUNISHMENT OF DELEGATED OFFICER—contd.

A B C D E F G H I J
Right to Elect
Punish- Approval Obligatory Optional
Authorized Maximum Trial by Court Consequential A.F.R
ment Applicable to Required Accompanying Accompanying
Punishment Amount Martial Penalties Reference
Number (See art. 108.34) Punishments Punishments
(See art. 108.31)
Detention 14 days All men below No No Nil Nil Forfeiture of 104.08
1 corporal or leading pay for period
ratings. of detention
2 Reduction in rank No delegated officer shall impose this punishment 104.09
3 Forfeiture of No delegated Officer shall impose this punishment 104.10
Seniority
4 Severe Reprimand N.C.O’s, P.O.S’s No No Nil Nil Nil
and leading ratings
only
5 Reprimand N.C.O’s, P.O.S’s No No Nil Nil Nil
and leading ratings
only
6 Fine Not exceeding All men No No Nil Punishment 7 or 8
basic pay for 14 (men below
days corporal or leading
rating only)
7 Stoppages Not exceeding All men No No Nil Any other Nil when no 104.13
basic pay for 14 Punishment other
days Applicable Punishment
Awarded
8 Confinement to 14 days All men below No No Nil Nil Includes extra 108.52
barracks (Army corporal work and drill
and air force only) for an equal
term
9 Extra work and 14 days All men below No No Nil Nil Nil 108.53
drill corporal or leading
rating
10 Caution All men No No Nil Nil Nil 108.54
129
C.I. 12.
Art. 108.12 A.F.R.

108.12—COMMENCEMENT OF SUMMARY TRAIL BY DELEGATED

OFFICER

(1) Before a delegation officer commences a summary trial, he shall peruse the
charge report to determine whether he is precluded from tying the accused by reason o f
the accused is rank or status.
(2) When the delegated officer has determined that he is not preclude from trying the
accused, he shall have the accused brought before him and shall proceed with trial as
prescribed in this section.

NOTES

A delegated officer jurisdiction in respect of a man who is not a member of, but who is
present at, the unit to which the delegated officer belongs. Where the trial o f a man of
another unit can be held just as conveniently by the accused’s own commanding officer
as by the commanding officer of the unit at which the accused is present when
proceedings are taken, a delegated officer should not exercise his jurisdiction.

108.13—GENERAL RULES FOR CONDUCT OF TRIAL BY DELEGATED

OFFICER
(1) When a delegated officer tries an accused summarily, he shall conduct the trial in
the presence of the accused and;
(a) cause Part I of the charge report to be read to the accused;
(b) either direct that the evidence be taken on oath or inform the accused that
he has the right to require that the evidence be taken on oath;
(c) receive such evidence as he considers will assist him in determining
whether:
(i) the charge should be dismissed or the accused found not guilty, or
(ii) the accused should be found guilty,
(ii) the accused should be remanded to the commanding officer;
(d) hear the accused, if he desires to be heard;
(e) call such witness as the accused may request to be called and whose
attendance can, having regard to the exigencies of the services, reasonably
be procured, but nothing in this subparagraph shall require the
procurement of attendance of any witnesses the request for whose
attendance is deemed by the delegated officer to be frivolous or vexatious;
(f) permit the accused to put to any witness such questions as are relevant to
the charge or to the conduct and character of the accused; and
(g) if he considers that the interest of justice so require, adjourn the trial to
enable further information to be obtained.

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 C.I. 12.
A.F.R. Art. 108.15

108.13—GENERAL RULES FOR CONDUCT OF TRIAL BY DELEGATED

OFFICER—contd.
(2) A delegated officer may dismiss a charge at any stage of a trial.
(3) When, under (1) of this article, the evidence is to be taken on oath, the delegate
officer shall, before the evidence of each witness is heard;
(a) Cause the witness to take the following oath; “I swear by Almighty God
that the evidence I shall give shall be the truth, the whole truth, and
nothing but the truth,”; or
(b) If the witnesses object to taking an oath cause him to make the following
affirmation: “I solemnly, sincerely and faithfully affirm that the evidence I
shall give shall be the truth, the whole truth, and nothing but the truth”.

NOTES
The charge report must be read to the accused at the outset of a summary trial and the
question as to whether the evidence is to be taken on oath must be resolved before the
trial proceeds. Other steps in the trial referred to in this article may be taken at any stage
without reference to the order in which they are mentioned in the article.

108.14—ACTION BY DELEGATED OFFICER WHEN POWERS OF

PUNISHMENT INADEQUATE
If, during a trial, a delegated officer concludes that he lacks jurisdiction, for any reason,
he shall not pronounce a finding, but shall refer the case to the commanding officer.

NOTES
(a) The situation envisaged by this article should not normally arise if, before
commencing the trial, the delegated officer has been careful to ascertain
whether he has jurisdiction.
(b) When the delegated officer has pronounce any finding or sentence at the
trial, he cannot then remand the accused to the commanding officer for
trial, as the accused would be entitled to plead that he had already been
converted of the offence and so could not be tried again (see article
102.17—“Previous Acquittal or Conviction”).

108.15—DETERMINATION OF FINDING AND SENTENCE BY DELEGATED

OFFICER
(1) When a delegated officer, after hearing the evidence, concludes that it has been
proved beyond reasonable doubt that the accused committed either:
(a) The offence charged, on the particulars given in the charge report;
(b) The offence charged, on a special finding under (2) of this article; or
(c) A related or less serious offence prescribed in section 56 of the Armed
Forces Act, 1962 (see article 103.49—“Conviction for Related or Less
Serious Offences”):
he shall determine what sentence should be imposed.
131
C.I. 12.
Art. 108.15 A.F.R.

108.15—DETERMINATION OF FINDING AND SENTENCE BY DELEGATED

OFFICER—contd.
(2) When a delegated officer concludes that:
(a) While the facts proved differ materially from the facts alleged in the
statement of particulars in the charge report, they are nevertheless
sufficient to establish the commission of the offence stated in the charge
report; and
(b) the difference between the facts proved and the facts alleged in the
statement of particulars has not prejudiced the accused in his defence, the
delegated officer may, instead of making a finding of not guilty, make a
special finding in which are stated the exception or variation from the facts
alleged in the statement of particulars.
(3) In determining the sentence, a delegated officer shall take into consideration:
(a) The gravity of the offence and the character and previous conduct of the
officer; and
(b) Any consequences of the finding or the sentence.

NOTES
(a) An example under (2) of this article is where in charge of being absent
without leave it is alleged in the particulars that the accused was absent
from 1st March, 1963 to 15th March, 1963 whereas at the trial it is proved
that the accused was absent from 5th March, 1963 to 10th March, 1963.
The accused may, instead of being found not guilty, be found guilty, on a
special finding, of being absent without leave from 5th March, 1963 to
10th March, 1963.
(b) In determining the severity of the sentence necessary for the prevention of
other similar offences, the delegated officer should consider whether
offences of this nature are unusually prevalent. An offence which is
usually prevalent may require a more severe sentence than one which is
rare.
(c) The consequence of sentence may include such general consequences as
delay promotion and an adverse effect upon the subsequence service
career of the offender.
(d) When the delegated officer is trying an accused against whom there is
more than one charge, he may pass one sentence only in respect of all the
charges which before him. (See article 104.15—“One sentence only May
be Passed”)
(e) A period of detention under a new award will be served concurrently with
an unexpired sentence which is under suspension at the time of the new
award (see article 104.16).
108.16—PRONOUNCEMENT OF SENTENCE B Y DELEGATED OFFICER
(1) As soon as practical after the evidence has been received a delegated officer shall,
if the accused is found guilty, in the presence of the accused, pronounce the sentence.
132
 C.I. 12.
A.F.R. Art. 108.26

108.16—PRONOUNCEMENT OF SENTENCE B Y DELEGATED OFFICER—

contd.
(2) If the delegated officer makes, under article 108.15, a special finding or a finding
on a related or less serious offence than that charged, he shall inform the accused of that
finding.

108.17—TRIAL IN FIRST INSTANCE BY COMMANDING OFFICER

Nothing in this section shall preclude a commanding officer from trying an accused who
has not previously been dealt with by a delegated officer.

108.18 TO 108.24—INCLUSIVE: NOT ALLOCATED

Section 3—Trial by Commanding Officer

108.25—POWER OF COMMANDING OFFICER TO TRY ACCUSED

(1) Section 63 of the Armed forces Act, 1962 provides in part:
“63. (1) A Commanding officer may in his discretion try an accused person by summary
trial, but only if all of the following condition are satisfied,—
(a) The accused person is either a subordinate officer or a man below the rank
of warrant officer;
(b) Having regard to the gravity of the offence, the commanding officer
considers that his powers of punishment are adequate;
(c) The commanding officer is not preclude from trying accused person by
reason of his election, under regulations made under this Act, to be tried
by court martial; and
(d) The offence is not one that under such regulations the commanding officer
is precluded from trying”. (See articles 108.28 and 108.31).
(2) No commanding officer below the rank of major or equivalent shall try a
subordinate officer.

NOTES
A commanding officer cannot try a civilian subject to the Code of Service Discipline.
The only service tribunal that can try such a civilian is a court martial.

108.26—OFFICER TO ASSIST ACCUSED

(1) When an accused is to be tried by a commanding officer, an officer shall be
detailed by or under the authority of the commanding officer to assist the accused, if—
(a) the accused requests that an assisting officer be detailed; and
(b) the exigencies of the service permit compliance with his request.
(2) The assisting officer shall attend when the commanding officer tries the accused.

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C.I. 12
Art. 108.26 A.F.R.

108.26—OFFICER TO ASSIST ACCUSED—contd.

NOTES

Except as provided in article 108.29 (1) (g), the assisting officer is not normally permitted
to take part in summary trial. He may, however, assist the accused in the preparation of
his defence and advise him regarding witnesses and evidence.

108.27—POWER OF PUNISHMENT OF A COMMANDING OFFICER

The power of punishment of a commanding officer shall be limited to the punishments

and subject to the condition prescribed—

(a) In Table “A” to this article, when the commanding officer of or above the
rank of major or equivalent; and

(b) In Table “B” to this article, when the commanding officer is below the
rank of major or equivalent.

NOTES

(a) The Tables to this article include the restrictions on punishment contained
in the Armed Forces Act, 1962 together with additional restrictions, and
are a complete statement of the powers of punishment exercisable by
commanding officers.

(b) A commanding officer who is below the rank of major or equivalent has
no powers of trial or punishment when the accused is a subordinate
officer.

(c) A lance-corporal or lance-bombardier is not a non-commissioned officer

and is included in the phrase “all men below corporal”.

(d) When a subordinate officer has been tried and punished summarily by
commanding officer a copy of the charge report shall be forwarded
through the usual channels to the Service Headquarters concerned to be
place on the officer’s confidential file.

134
 C.I. 12
A.F.R. Art. 108.27

108.27—POWERS OF PUNISHMENT OF A COMMANDING OFFICER—contd.

TABLE A
SUMMARY POWERS OF PUNISHMENT WHEN COMMANDING OFFICER IS OF OR ABOVE THE RANK OF MAJOR OR EQUIVALENT
A B C D E F G H I J
Right to elect
Punish- Approval Obligatory Optional
Authorised Maximum Trial by Court A.F.R
ment Applicable to required (See Accompanying Accompanying Consequential Penalties
Punishment Amount Martial (See References
Number Article 108.34) Punishments Punishments
Article 108.31)
1 Detention 90 days N.C.O.s, chief petty officers, N.C.O.s, chief Yes, except Punishment 2 Nil (a) Forfeiture of pay for
petty officers and leading petty officers, when 30 days or N.C.O.s and period of detention.
ratings and below. petty officers less imposed equivalent (b) Possible loss for
and leading upon men, ranks only pension purposes of
ratings only corporal or time spent in detent- 104.08
leading rating. ion.
(c) Possible effect upon
trade grouping as
prescribed in art 11.12
2 Reduction in See art N.C.O.s and equivalent ranks. Yes Yes Nil Nil Possible effect upon trade 104.09
Rank 104.09 grouping as prescribed in
art 11.12
3 Forfeiture of 3 months Subordinate officers only. No No Nil Nil Nil 104.10
seniority
4 Severe Subordinate officers, N.C.O.s No No Nil Nil
reprimand and equivalent ranks.
5 Reprimand Subordinate officers, N.C.O.s No No Nil Nil Nil
and equivalent ranks.
6 Fine Basic pay Subordinate officers and all No No Nil Punishment 8 or Nil 104.12
for one men. 9 (below N.C.O.
month or equivalent
rank only)
7 Stoppages Total cost Subordinate officers, N.C.O.s No No Nil Any other Nil when no other 104.13
of expense, and equivalent below. punishment punishment awarded.
loss or applicable
damage
8 Confinement 28 days Below N.C.O. rank only No No Nil Includes extra work and 108.52
to barracks drill for an equal term.
(Army and
Air Force
only)
9 Extra work 28 days Below N.C.O. or equivalent No No Nil Nil Nil 108.53
and drill rank only
10 Caution Subordinate officers, N.C.O.s No No Nil Nil Nil 104.54
and equivalent ranks and below
135
 C.I. 12
A.F.R. Art. 108.27
108.27—POWERS OF PUNISHMENT OF A COMMANDING OFFICER—contd.
TABLE B

SUMMARY POWERS OF PUNISHMENT WHEN COMMANDING OFFICER IS BELOW THE RANK OF MAJOR OR EQUIVALENT

A B C D E F G H I J
Right to Elect
Punish Approval Obligatory Optional
Authorised Maximum Trial by Court Consequential A.F.R
ment Applicable to required (See Accompanying Accompanying
Punishment Amount Martial (See Penalties Reference
Number Article 108.34) Punishments Punishments
Article 108.31)
1 Detention 14 days Men below No No Nil Nil Forfeiture of pay for 104.08
corporal or leading period of detention.
rating only
2 Reduction in Rank No commanding officer below the rank of major or equivalent shall impose this punishment. 104.09

3 Forfeiture of No commanding officer below the rank of major or equivalent shall impose this punishment. 104.10
Seniority.
4 Severe Reprimand N.C.O.s or No No Nil Nil Nil
equivalent ranks
only.
5 Reprimand N.C.O.s or equiv- No No Nil Nil Nil
alent ranks only.
6 Fine Not exceeding All men No No Nil Punishment 8 or 9 Nil 104.12
basic pay for 14 men below
days corporal or leading
rating only
7 Stoppages Total cost of All men No No Nil Any other Punish- Nil when no other 104.13
expense, loss or ment applicable punishment awarded.
damage
8 Confinement to 14 days All men below No No Nil Includes extra work 108.52
barracks (Army corporal and drill for an equal
and Air Force term.
only)
9 Extra work and 14 days All men below No No Nil Nil Nil 108.53
drill corporal or leading
rating
10 Caution All men No No Nil Nil Nil 108.54

136
 C.I. 12.
A.F.R. Art. 108.28

108.28—OFFENCES PUNISHABLE SUMMARILY

(1) A commanding officer may, without reference to higher authority, dispose

summarily of charges against subordinate officers (but see (2) of article 108.25) and men
below the rank of warrant officer (including, for this purpose, an acting warrant officer),
in respect of an offence under the following sections of the Armed Forces Act, 1962,
provided as, a general rule, that the offence is of a minor nature, does not result from
deliberate disregard of authority and is not associated with graver offences;

22 Disobedience of lawful command

23 Violence to a superior officer (except striking or using violence to a
superior officer)
24 Insubordinate behaviour
25 Quarrels and disturbances
26 Disorders
28 Connivance at desertion
29 Absence without leave
30 False statement in respect of leave
31 Abuse of inferiors
32 (2) Behaving in a cruel or disgraceful manner
33 Drunkenness
34 (a) and (b) malingering, or aggravating any disease infirmity (except when
on active or under orders for active service)
36 Interference with lawful custody
37 Escape from custody
38 Obstruction of police duties
39 Obstruction of civil power
42 Wrongful act in relation to aircraft (except when the act or omission is
wilful)
43 Low flying
44 Inaccurate certificate in relation to aircraft
45 Disobedience of aircraft captain’s orders
46 Disturbances in billets
47 Offences in relation to documents
49 Causing fires (except when the act or omission is wilful)
50 Unauthorized use of vehicles
51 Destruction, loss or improper disposal (except when the act is wilful)
54 Conduct to the prejudice of good order and discipline
55 Miscellaneous offences

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C.I. 12.
Art. 108.28 A.F.R.

108.28—OFFENCES PUNISHABLE SUMMARILY—contd.

(2) A commanding officer may refer a charge for any offence to higher authority with
an application for trial by court martial, even if the offence is within his summary
jurisdiction. The higher authority may direct a commanding officer to deal with the
offence summarily, provided it is an offence against a section of the Act specified in (1)
of this article, and provided that the offender has not elected to be tried by court martial.
The higher authority may also refer any charge back to a commanding officer with a
direction that it shall be dismissed.

108.29—GENERAL RULES FOR TRIAL BY COMMANDING OFFICER

(1) When a commanding officer tries an accused summarily, he shall conduct the trial
in the presence of the accused and:
(a) cause Part I of the charge report to be read to the accused;
(b) either direct the evidence be taken on oath or inform the accused that he
has the right to require that the evidence be taken on oath;
(c) receive such evidence as he considers will assist him in determining
whether
(i) the charge should be dismissed or the accused found not guilty; or
(ii) the accused should be found guilty; or
(iii) the accused should be remanded to higher authority;
(d) hear the accused, if he desires to be heard;
(e) call such witnesses as the accused may request to be called and whose
attendance can, having regard to the exigencies of the service reasonably
be procured, but nothing in this subparagraph shall require the
procurement of the attendance of any witnesses, the request for whose
attendance is deemed by the commanding officer to be frivolous or
vexatious;
(f) permit the accused to put to any witness such questions as are relevant to
the charge or the conduct and character of the accused;
(g) ask the assisting officer, if any, to state any fact that should be brought out
in the interest of the accused; and
(h) if he considers that the interest of justice so require, adjourn the trial to
enable further evidence to be given.
(2) A commanding officer may dismiss a charge at any stage of a trail.

(3) When, under (1) of this article, the evidence is to be taken on oath, the
commanding offer shall, before the evidence of each witness is heard:

(a) Cause the witness to take the following oath: “I swear by Almighty God
that the evidence I shall give shall be the truth, the whole truth, and
nothing but the truth;” or

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 C.I. 12.
A.F.R. Art. 108.30

108.29—GENERAL RULES FOR TRIAL BY COMMANDING OFFICER—contd.

(b) If the witness objects to taking an oath cause him to make following
affirmation: “I solemnly, sincerely and faithfully affirm that the evidence I
shall give shall be the truth, the whole truth, and nothing but the truth.”

NOTES
The order in which proceedings prior to finding shall be carried out shall be governed by
the following:
(i) Paragraph (1) (a) must be complied with at the outset of a summary trial.
(ii) Paragraph (1) (b) must be complied with before any evidence is taken

108.30—ACTION BY COMMANDING OFFICER WHEN POWER OF

PUNISHMENT INADEQUATE
(1) If a commanding officer concludes during a trial that his punishment would, if the
accused were guilty, prove inadequate having regard to the gravity of the offence, he
shall not pronounce finding but shall:
(a) inform the accused that an application will be made for the disposal of his
case by higher authority; and
(b) adjourn the case and, as the commanding officer sees fit, direct that the
accused either be kept in custody or not, pending further proceedings.

(2) when further circumstances come to the attention of the commanding officer after
he has complied with (1) of this article, and those circumstances indicate that his powers
of punishment will prove adequate, he may recall the accused and proceed with the
summary trial; but if the application for trial by court martial has by that time been
forwarded to higher authority, he shall not proceed with the summary trial without
obtaining the permission of that authority.

NOTES
(a) The situation envisaged by this article should not normally arise if, before
commanding the trial, the commanding officer has been careful to
ascertain whether his powers of punishment are likely to prove adequate.
It may occur, however, when the character evidence discloses previously
unsuspected convictions for service offences, or when the evidence at the
trial reveals the offence to be much more serious than was previously
believed.
(b) When the commanding officer has pronounced any finding or sentence at
the trial, he cannot then remand the accused to higher authority for trial, as
the accused would be entitled to plead that he has already been convicted
of the offence and so could not be tried again. (See article 102.17-
“Previous Acquittal or Conviction”).

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C.I. 12
Art. 108.31 A.F.R.

108.31—ELECTION TO BE TRIED BY COURT MARTIAL

(1) The commanding officer shall at the trial inform the accused that he has the right
to be tried by court martial when the accused is a non-commissioned officer, a chief petty
officer, petty officer or leading rating and the commanding officer after due consideration
of the evidence, concludes that the accused is guilty of the offence and that a punishment
of detention or reduction in rank would be adequate.
(2) The accused shall be remanded for a period of not less than twenty-four hours to
enable him to decide whether to elect to be tried by court martial.
(3) When the accused is again brought before the commanding officer, the
commanding officer shall:
(a) ask the accused whether he elects to be tried by court martial; and
(b) record the election of the accused in the charge report.
(4) When the accused does not elect to be tried by court martial, the commanding
officer shall proceed with the trial.
(5) If the accused elect to be tried by court martial, the commanding officer shall:
(a) adjourn the case and as he sees fit direct that the accused either be kept in
custody or not, pending further proceedings; and
(b) taken action in accordance with chapter 109 (Application for disposal of
Charges by Higher Authority).

NOTES

(a) When the commanding officer considers that paragraph (1) applies to an
N.C.O. or equivalent rank he must not pronounce a finding of guilty
before informing the accused of his right to elect to be tried by court
martial. If the commanding officer in such circumstances were to
pronounce a finding, he would then be precluded from applying for a court
martial and from imposing a sentence of detention or reduction in rank.
(b) If an accused does not elect to be tried by court martial the commanding
officer may, if he finds the accused guilty, award any punishment
prescribed in the table to article 108.27.
(c) For withdrawal of election see article 111.66 “Withdrawal of Election to
be tried by Court Martial”

108.32—DETERMINATION OF FINDING AND SENTENCE BY COMMAND-

ING OFFICER
(1) When a commanding officer, after hearing the evidence, concludes that it has
been proved beyond reasonable doubt that the accused committed either:
(a) the officer charged, on the particulars given in the charge report;
(b) the offence charged, on a special finding of guilty under (2) of this article;
or

140
 C.I. 12.
A.F.R. Art. 108.32

108.32—DETERMINATION OF FINDING AND SENTENCE BY COMMAND-

ING OFFICER
(c) a related or less serious offence prescribed in section 56 of the Armed
Forces Act, 1962 (see article 103.49—“Conviction for Related or Less
Serious offences”);
he shall determine what sentence should be imposed.

(2) When a commanding officer concludes that:

(a) while the facts proved differ materially from the facts alleged in the
statement of particulars in the charge report, they are nevertheless
sufficient to establish the commission of the offence stated in the charge
report; and
(b) the difference between the facts proved and the facts alleged in the
statement of particulars has not prejudiced the accused in his defence,
the commanding officer may, instead of making a finding of not guilty, make a
special finding of guilty in which are stated the exceptions or variations from the
facts alleged in the statement of particulars.
(3) In determining the sentence, a commanding officer shall take into consideration:
(a) the gravity of the offence and the character and previous conduct of the
offender; and
(b) any consequences of the finding or of the sentences.

NOTES

(a) An example under (2) of this article is where in a charge of stealing it is

alleged in the particulars that the accused stole three pairs of binoculars
whereas at the trial it is proved that the accused stole only one pair of
binoculars. The accused may, instead of being found not guilty, be found
guilty, on a special finding, of stealing one pair of binoculars.
(b) In determining the severity of sentence necessary for prevention of other
similar offences, the commanding officer should consider whether
offences of this nature are unusually prevalent. An offence which is
unusually prevalent may require a more severe sentence than one which is
rare.
(c) The consequences of sentence may include such general consequences as
delayed promotion and an adverse effect upon the subsequent service
career of the offender.
(d) When the commanding officer is trying an accused against whom there is
more than one charge, he may pass one sentence only in respect of all the
charges which are before him (see article 104.15-“ One Sentence Only
May be Passed”.)

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C.I. 12.
Art. 108.32 A.F.R.

108.32—DETERMINATION OF FINDING AND SENTENCE BY COMMAND-

ING OFFICER—contd.

(e) A period of detention under a new award will be served concurrently with
an unexpired sentence which is under suspension at the time of the new
award (see article 104.16).

108.33—PUNISHMENTS—GUIDE
(1) The purpose of punishment is the maintenance of discipline. The proper
punishment is the least that will maintain discipline. In general discipline can, and
should, be maintained by a light or short sentence, provided that when detention is
awarded, it should be served rigorously.

(2) In determining sentences the following shall be considered;

(a) rank of the offender;
(b) length of service;
(c) character, background and service record, including previous convictions,
if any;
(d) provocation, premeditation, or extenuating or aggravating circumstances;
(e) prevalence of the offence;
(f) nature of the offence;
(g) time spent in custody awaiting trial.

(3) In ordinary circumstances and unless the offence is of a serious nature, the
sentence for a first offence should be light, or may be dispensed with entirely.
Investigation requires deliberation, judgment and equanimity. It is necessary to
discriminate between offences involving calculated and premeditated misconduct, and
those attributable to youth, hot temper, sudden temptation, or inexperience.

(4) The suggested punishment set out in the table to this article shall be used by
commanding offence as a guide only. This article does not restrict the powers of
commanding officers to award any punishment allowed under article 108.27 (Powers of
Punishment of a Commanding Officer). Equally important, this article must on no
account be interpreted as dictating the minimum punishment to be awarded for any
offence; if in the opinion of the commanding officer, an offence warrants less
punishment, such should be awarded.

142
 C.I. 12.
A.F.R. Art. 108.33

108.33—PUNISHMENTS—GUIDE—contd.

Serial Offence Suggested Punishment Remarks

1 Disobedience of lawful Detention Serials 1 to 5 are most serious offences
command striking at the roots of discipline, and
should be treated accordingly. If the
2 Striking or offering Violence. Detention offence has been repeated, or is attended by
circumstances that increase its gravity, the
sentence should be increased accordingly.
3 Insubordination Detention

4 Disorders Detention

5 Abuse of inferiors Reduction in rank or if

offence is gross,
detention.
See (3) of Article 103.19.
6 Desertion Consideration should be given to the
(a) Within first six months 30 days’ detention circumstances under which the accused was
of service. placed in custody, but it is unsound to
(b) After Six months’ 45 days’ detention assume that an accused who was arrested
service. should necessarily be treated more severely
(c) If second offence 90 days’ detention than the man who surrendered. Where the
accused surrendered the duration of his
absence is a factor, but the application of
any arbitrary rule such as “a day’s detention
for each day’s absence” is not justified; it is
especially unjust when applied to en who
were arrested and returned in custody,
since a man arrested after one week may be
just as guilty as a man arrested after a year.

If the absence was long and there are no

extenuating circumstances. Detention may
7 Absence without leave Minor Punishment be warranted even for a first offence. If the
(a) First offence absence is short (unless under orders to
(b) Second offence embark) corrective counseling, a minor
(i) if absent under 10 Fine punishment, or a fine should usually suffice.
days.
(ii) absent 10—30 5 days’ detention
days.
(iii) absent 31—60 14 days’ detention
days. For second offence maximum fine may be
(iv) absent over 60 Up to 60 days’ detention warranted. If repeated third time detention
days. may be warranted.

8 Drunkenness Fine

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C.I. 12
Art. 108.33 A.F.R.

108.33—PUNISHMENTS—GUIDE—contd.

Serial Offence Suggested Punishment Remarks

9 Escape from custody Detention

10 Negligent or willful Detention

interference with lawful
custody.

11 Offences relating to Maximum Fine Where there is connivance the

enrolment. instigator may be awarded more
severe punishment.

12 Offences in relation to Fine or Detention

unauthorized use of vehicles.

108.34—ANNOUNCEMENT OF FINDING AND SENTENCE BY COMMAND-

ING OFFICER
(1) Except in the case of an accused who under article 108.31 elects to be tried by
court martial, as soon as practicable after the evidence has been received, a commanding
officer shall, in the presence of the accused, and subject to (3) and (4) of this article, pass
sentence.
(2) If the commanding officer makes, under article 108.32, a special finding or a
finding on a related or less serious offence than that charged, he shall inform the accused
of that finding.
(3) If the commanding officer considers that an offender who is a non-commissioned
officer or equivalent rank should be sentenced to the punishment of detention or
reduction in rank he shall:
(a) not pass sentence;
(b) inform the accused that the sentence proposed requires the approval of
higher authority;
(c) seek the approval of higher authority in the manner prescribed in section 4
of this Chapter; and
(d) when the decision of higher authority has been received recall the accused
and pass sentence in accordance with that decision.
(4) If the commanding officer considers that an accused who is a man below the rank
of corporal or leading rating should be sentenced to a punishment of detention exceeding
thirty days he shall;
(a) pass sentence;
(b) explain to the accused that the portion of the term of detention in excess of
thirty days is subject to approval;

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 C.I. 12.
A.F.R. Art. 108.40

108.34—ANNOUNCEMENT OF FINDING AND SENTENCE BY COMMAND-

ING OFFICER—contd.

(c) Commit the accused in accordance with section 7 of Chapter 114; and
(d) Seek the approval of higher authority in the manner prescribed in section 4
of this Chapter.

NOTES
(a) See column “F” of Table “A” to article 108.27 for the punishment that
require the approval of higher authority.
(b) The form of sentence required by (4) of this article would be to the
following effect:
“I sentence you to 70 days, detention. The portion in excess of 30 days is
subject to approval by higher authority”.

108.35 TO 108.37—INCLUSIVE: NOT ALLOCATED

Section 4—Approval of Punishments

108.38—MEANING OF “APPROVING AUTHORITY”

Section 63 of the Armed Forces Act, 1962 provides in part:
“63. (3) In subsection (2) “approving authority” means—
(a) any officer not below the rank of commodore, brigadier or air
commodore; or
(b) any officer not below the naval rank of caption or below the rank
of colonel or group captain designated by the President or any
person authorized in that behalf by him as an approving authority
for the purposes of this subsection”.

108.39—NOT ALLOCATED

108.40—SUBMISSION FOR APPROVAL OF PUNISHMENTS

(1) Subject to (2) of this article, when a commanding officer decides that a
punishment requiring the approval of higher authority is appropriate, he shall:
(a) cause a punishment warrant to be prepared; and
(b) forward the warrant together with the conduct sheet of the accused to the
next superior officer to whom he is responsible in matters of discipline and
who is an approving authority.
(2) when, in the opinion of the commanding officer, circumstances are such that the
procedure prescribed in (1) of this article is not practical, he may, in lieu of having a
punishment warrant prepared and forwarded, seek the approval of the approving authority
in such manner as the commanding officer considers appropriate having regard to the
necessity of expeditious disposal of the charge or the interests of the accused.

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C.I. 12
Art.108.40 A.F.R.

108.40—SUBMISSION FOR APPROVAL OF PUNISHMENTS—contd.

(3) When the commanding officer has under (2) of this article sought the approval of
higher authority without first having prepared and forwarded the punishment warrant, he
shall upon receiving the decision of higher authority prepare and forward the punishment
warrant for written confirmation.
(4) A punishment warrant shall be in the following form:

PART I

PUNISHMENT WARRANT

On the …………………day of …………………………………19……, I summary tried

……………………………………………………………………………..……………..…
(Number, rank, surname, forenames in full)
................................................................................................................................................
(Station, unit or ship)
and found him guilty of the following
Set out all sections of the Armed Forces Acts offence(s)
(“AFA”) of offences of which the accused was …………………… ….....................
found guilty together with the statement of …………………… ……………….
particulars for each offence. Charge Number Section of AFA
…………………… ……………….
Statement of Statement of
Offence Particulars
…………………… ……………….
Set out briefly the circumstances surround- The evidence heard by me disclosed that
ing the commission of the offence and the the offence(s) (was) (were) committed
proposed sentence. in the following circumstances:

Set out briefly such matters, if applicable, as I am of the opinion that, in addition to
the prevalence of similar offences at the unit, the circumstances in which the offence
whether the offender is presently under a sus- was committed, the following should
pended sentence, the personal or family circum- be considered in determining the
stances of the offender, and details of meritor- severity of sentence:
ious service of the offender

The words “that portion of the term of detention I consider that the punishment of
that exceeds thirty days” should be struck out .............................................................
unless the accused is a man below the rank of should be imposed and recommend
corporal or leading rating. your approval of (that punishment)
(that portion of the term of detention
which exceeds thirty days)
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 C.I. 12.
A.F.R. Art. 108.41

108.40—SUBMISSION FOR APPROVAL OF PUNISHMENTS—contd.

I enclose the conduct sheet of the accused. Accused is now (held in custody at
…………………………………………………………………………..………and will be
(Strike out if accused has been committed to detention Barrack)

committed to)……………………………………………………………Detention Barrack

(description of detention barrack)

…………………………………. ….…………………………………...
Date signature, rank and appointment

PART II

ENDORSEMENT

(a) (NCO, chief petty officer, petty officer or leading Rating)

(i) I approve the punishment recommended or
(ii) I do not approve the punishment recommended but approve the
punishment of ………………………………………………. or
(iii) I do not approve the punishment recommended and direct that the
commanding officer pass such sentence as he considers appropriate and
that does not require approval under article 108.27; or

(b) (man below corporal or leading rating)

(i) I approve the punishment recommended or
(ii) I do not approve the punishment recommended or
(iii) I approve ………days’ detention in excess of thirty days.

…………………………… ………………………………………
(Date) (Signature, rank and appointment)

108.41—ENDORSEMENT OF PUNISHMENT WARRANT BY AN APPROVING

AUTHORITY
(1) When a punishment warrant is received by an approving authority, he shall
determine whether the punishment proposed is appropriate to the offence. In so
determining, he shall have regard to the desirability of ensuring that, to the extent
practical, uniformity of punishment is maintained.
(2) The approving authority may:
(a) If the accused is a non-commissioned officer, chief petty officer, petty
officer or leading rating, for whom the punishment of detention has been
recommended:
(i) approve the whole punishment, or
(ii) reduce the term of the proposed punishment, or

147
C.I. 12.
Art. 108.41 A.F.R.

108.41—ENDORSEMENT OF PUNISHMENT WARRANT BY AN APPROVING

AUTHORITY—contd.
(iii) substitute the punishment of reduction in rank, or
(iv) without approval of the whole punishment and instruct the
commanding officer to impose such punishment as the
commanding officer considers appropriate that does not require
approval;
(b) if the accused is a non-commissioned officer, chief petty officer, petty
officer or leading rating, for whom the punishment of reduction in rank
has been recommended:
(i) approve the punishment, or
(ii) approve the punishment, but not to as low a rank as that proposed
by the commanding officer, or
(iii) withhold approval of the punishment and instruct the commanding
officer to impose such punishment as the commanding officer
considers appropriate and that does not require approval; and
(c) if the accused is man below the rank of corporal or leading rating, for
whom a punishment of detention for more than thirty days has been
recommended, as to that part which exceeds thirty days;
(i) approve,
(ii) approve a shorter term, or
(iii) not approve
(3) The approving authority shall:
(a) endorse on the punishment warrant his decision under (2) of his article ;
(b) return the warrant to the commanding officer of the offender; and
(c) notify the commandant of the service Detention barrack to which the
offender has been or will be committed to the endorsement on the warrant
(if applicable)
(4) A punishment warrant shall be dealt with personally by an approving authority.

NOTES

(a) Punishment warrant should normally be dealt with by an approving

authority to whom the commanding officer is responsible in matters of
discipline. Where such an approving authority cannot practically deal
with punishment warrant, he should arrange for these warrants to be dealt
with by another approving authority.
(b) Under this article an approving authority can deal only with that part of a
punishment of detention imposed on a man below the rank of corporal or
leading rating which exceeds thirty days. Action to reduce the term below
thirty days, or other action in respect of the sentence can only be taken by
a proper authority under the following articles:

148
 C.I. 12.
A.F.R. Art. 108.49

108.41—ENDORSEMENT OF PUNISHMENT WARRANT BY AN APPROVING

AUTHORITY—contd.

114.15—Quashing of Finding;
114.25—Illegal punishment;
114.26—Punishments that have not been Approved;
114.27—Mitigation, commutation and remission of Punishments; and
114.35—Authority to Suspend.

(c) Punishment warrant shall be dealt with by an approving authority

immediately they are received and there must be no delay in returning the
warrant to the commanding officer.

108.42—TIME LIMIT FOR DISPOSAL OF PUNISHMENT WARRANT

A punishment of detention in excess of thirty days shall be deemed to be not approved
unless notification of approval under article 108.41 of a period in excess of thirty days is
received by the commanding officer of the unit or ship in which the offender is serving
his sentence, or the commandant of the service detention barrack to which the offender
has been committed, prior to the offender’s being discharged from custody as having
completed under these regulations a thirty-day sentence.

108.42—NOTIFICATION TO ACCUSED OF APPROVAL

(1) Upon receipt of advice as to the approving authority’s endorsement on the

punishment warrant the commanding officer of the unit, if the accused is held at the unit,
or the commandant of the service detention barracks, if the accused has been committed
to a service detention barrack, shall inform the offender of the approving authority’s
decision.

(2) When the accused is in hospital, the offender shall be notified in such hospital of
the approving authority’s decision unless the medical officer certifies that the offender is
medically unfit for this purpose. In that event the offender shall be informed as soon as
his condition makes it practicable to do so.

(3) In the case of naval offenders, the appropriate parts of the punishment warrant and
the section of the Armed Forces Act under which the charge was laid shall be read to the
offender, on the quarter deck when practicable, in the presence of the ship’s company or
such portion of the ship’s company as the commanding officer direct.

108.44 TO 108.49—INCLUSIVE: NOT ALLOCATED

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C.I. 12.
Art. 108.50 A.F.R.

108.50—DETENTION
Section 78 of Armed Forces Act, 1962 provides in part:
“78. (7) (c) in the case of a chief petty officer, petty officer or leading rating in the
Navy of Ghana or a warrant officer or non-commissioned officer in the Army of
Ghana or the Air Force of Ghana, a sentence that includes a punishment of
detention shall be deemed to include a punishment of a reduction in rank to the
lowest rank to which under regulations he can be reduced, whether or not the last-
mentioned punishment is specified in the sentence by the service tribunal”.

108.51—REDUCTION IN RANK
Section 78 of the Armed Forces Act, 1962 provides in part:
“78. (9) The punishment of reduction in rank shall not—
(a) involve reduction to a rank lower than that to which under
regulations the offender can be reduced…”

Section 5—Rules Respecting Punishment Imposed at Summary Trial

108.52—CONFINEMENT TO BARRACKS—ARMY AND AIR FORCE

(1) A man undergoing a punishment of confinement to barracks shall not without the
specific permission of the commanding officer, be permitted during the term of that
punishment and during the hours he is not on duty to go beyond the limits prescribed by
the commanding officer in standing orders.

(2) An offender under sentence of confinement to barracks shall be deemed to be

under sentence of extra work and drill for the same term as the term of confinement to
barracks.

(3) An offender under sentence of confinement to barrack, shall so far as practical, be

subject to the rules for defaulters applicable at the station or unit (see article 4.23—
“Rules for Defaulters”)

108.53—EXTRA WORK AND DRILL

(1) The punishment of extra work and drill may include performance by the offender
of:
(a) His normal duties for longer period than he would have been required to
perform them if the punishment had not been imposed;

(b) Any other useful extra work; and

(c) Extra drill at such times as may be authorized under unit orders.

(2) The punishment of extra work and drill shall not be carried out on Sunday but that
day shall count toward the completion of the term of the punishment.

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C.I. 12.
Art. 108.99 A.F.R.
108.54—CAUTION
(1) A caution should be imposed by the commanding officer when it is desired to
give the convicted person a formal warning without other punishment.
(2) When this punishment is imposed it shall be recorded on the offender’s conduct
sheet.

108.55 TO 108.99—INCLUSIVE: NOT ALLOCATED

Back to Table of Contents

151
C.I. 12
CHAPTER 109

APPLICATION FOR DISPOSAL OF CHARGES BY HIGHER

AUTHORITY

109.01—APPLICATION TO BE MADE TO HIGHER AUTHORITY

(1) A commanding officer shall apply to higher authority for the disposal of a charge,
unless that charge has been dismissed or unless a finding has been pronounced at a
summary trial under Chapter 108 (Summary Trials by Commanding Officer).
(2) When it is proposed to apply to higher authority for disposal of a charge, a
summary or abstract of evidence shall be prepared by the commanding officer or an
officer detailed by him, in accordance with the rules contained in this chapter.
(3) whenever an officer or man is remanded for a summary or abstract of evidence
with a view to either court martial or summary disposal under section 64 of the Armed
Forces Act, 1962, the commanding officer, on the day of remand, shall send a notice in
the following form to his superior commander having authority to convene a court
martial or for summary disposal under section 64 of the Armed Forces Act, 1962:
From ……………………………………………………………………………….
(Statement, unit or ship)
To …………………………………………………………………………………..
Date .………………………………………………………………………………..
………………………………………………………………………………...
(Number, Rank and Name of Accused)
(1) The above named was today remanded for the purpose of a summary
abstract *of evidence to be taken in his case.

(2) Brief particulars of the charge(s) are-

………………………………………………………………………………
(State section of the Armed Forces Act,, 1962 and nature of charge, e.g.
section 29 (absence without forward leave)).

(3) The summary/abstract of evidence will be forwarded to …………………..

as soon as possible.
…..………………………
Commanding Officer
Copy to—Director of legal Services, Ministry of Defence.
•Delete as applicable

109.02—SUMMARY OF EVIDENCE
(1) A summary of evidence, as distinct from an abstract of evidence, shall be taken if:
(a) the maximum punishment for the offence with which the accused is
charged is death, or

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 C.I. 12.
A.F.R. Art. 109.02

109.02—SUMMARY OF EVIDENCE—contd.
(b) the accused, at any time before the charge against him is referred to higher
authority, requires in writing that a summary of evidence be taken, or
(c) the commanding officer of the opinion that the interest of justice require
that a summary evidence be taken.
(2) A summary of evidence shall be taken in the following manner:
(a) It shall be taken in the presence of the accused by the commanding officer
or by another officer on the direction of the commanding officer.
(b) The prosecution witnesses shall give their evidence orally and the accused
shall be allowed to cross-examine any prosecution witness. If a person
cannot be compelled to attend as a prosecution witness or if, owing to the
exigencies of the service or on other grounds (including the expense and
loss of time involved), the attendance of any prosecution witness cannot,
in the opinion of the officer taking the summary (to be certified by him in
writing),be readily procured, a written statement of his evidence signed by
him, may be read to the accused and included in the summary of evidence
but, if such witness can be compelled to attend, the accused may insist that
he shall attend for cross-examination.
(c) After all the evidence against the accused has been given, the accused
shall be asked;
“Do you wish to say anything? You are not obliged to do so, but if
you wish, you may give evidence on oath, or you may make statement
without being sworn. Any evidence you give or statement you make will
be taken down in writing and may be given in evidence”.
(d) Any evidence given or statement made by the accused shall be recorded in
writing and, immediately thereafter, the record of his evidence or
statement shall be read over to him and corrected where necessary, and he
shall sign it unless he declines to do so.
(e) The accused may call witnesses in his defence who shall give their
evidence orally.
(f) The evidence of each witness (other than the accused) who gives evidence
orally shall be recorded in writing and, immediately thereafter, the record
of his evidence shall be read over to him, corrected where necessary, and
signed by him.
(g) The record of the evidence may be in narrative form, except that any
question put to a witness in cross-examination by the accused, and the
answer thereto, shall be recorded verbatim if the accused so requires.

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Art. 109.02 A.F.R.

109.02—SUMMARY OF EVIDENCE—contd.
(h) A witness giving evidence shall—
(i) take the following oath:
“I do hereby swear by the Almighty God that the evidence I shall
give shall be truth, the whole truth and nothing but the truth”, or
(ii) when he object to taking the oath, make the following solemn
affirmation:
“I solemnly, sincerely and faithfully affirm that the evidence I shall
give shall be the truth, the whole truth and nothing but the truth”.
(i) Where any child tender years, called as a witness, does not, in the opinion
of the officer taking the summary, understand the nature of an oath, his
evidence may be received, though not given upon oath, if, in the opinion
of the officer taking the summary, he is possessed of sufficient intelligence
to justify the reception of the evidence and understands the duty of
speaking the truth.
(j) At the conclusion of the taking of the summary of evidence, the officer
taking it shall certify thereon that he has complied with the provisions of
this article. This certificate shall be in a form to be prescribed by the Chief
of Defence Staff.

NOTES
(a) During the taking of a summary of evidence the accused is in arrest and
should be accompanied by an escort.
(b) A delegated officer cannot order a summary of evidence to be taken but he
may be ordered to take one by his commanding officer.
(c) At the taking of a summary of evidence, the rules of evidence (See
Appendix “I” to this Volume) should be strictly complied with.
(d) An accused has no right to be represented at a summary, but the
commanding officer may permit counsel or an officer who assisted the
accused under article 108.26 (Officer to Assist Accused) to be present to
advise the accused. Neither counsel nor the officer will have any right to
cross-examine witnesses.
(e) Statement made at a board of inquiry must not be included in a summary
of evidence unless the offence being investigated is one of giving false
evidence before a board of inquiry.
(f) When complying with (2) (c) of this article it is desirable for the officer
taking the summary to have another person present as a witness when this
question is being put and whiles the accused is giving evidence or making
a statement, so that this person can produce the statement of the accused at
his subsequent trial.

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A.F.R. Art. 109.03

109.02—SUMMARY OF EVIDENCE—contd.
(g) Although the officer taking summary may not cross-examine witnesses he
may, when they are giving their evidence, ask them questions to clear up
any ambiguity and enable him to record their evidence in a coherent form.
(h) Minor corrections as to spelling, etc., should be corrected in the body of
the evidence but if a witness, when hearing the evidence read over to him,
wishes to make some material alterations to his evidence this should be
recorded at this stage and the earlier evidence not altered.

109.03—ABSTRACT OF EVIDENCE
(1) An abstract of evidence shall be made in the following manner:
(a) It shall be made by the commanding officer or by another officer on the
direction of the commanding officer.
(b) The accused should not be present while the abstract of evidence is being
made.
(c) Is shall consists of signed statements by such witnesses as are necessary to
prove the charge, provided that if, in the case of any witness, a signed
statement is not readily procurable, a precis of the evidence to be given by
that witness may be included instead of a signed statement.
(d) An oath shall not be administered to a witness making a statement for
inclusion in an abstract of evidence, but use may be made, where
necessary, of sworn statements which are already in existence.
(2) When an abstract has been made in accordance with this article, a copy of it shall
be handed to the accused and he shall then be cautioned in the following terms:
“This is a copy of the abstract of evidence in your case. You are not
obliged to say anything with regard to it unless you wish to do so, but you
should read it, and when you have read it, if you wish to say anything,
what you say will be taken down in writing and may be given in
evidence.”
(3) Any statement made by the accused after he has read the abstract of evidence
shall be taken down in writing and he shall be asked to sign it. This statement and a
certificate by the person who recorded the statement stating that the accused was duly
cautioned in accordance with this article, shall be attached to the abstract of evidence and
shall thereafter form part of it. This certificate shall be in a form to be prescribed by the
Chief of Defence Staff.
NOTES
(a) Although the officer making the abstract of evidence actually collates the
statements, there is no need for him to take them all himself and, as will be
seen from (1) (c) of this article, a precis may be used instead of a signed
statement. The statements need not be taken specifically for the purpose
of the abstract of evidence and statement taken by a person, e.g. by a
police officer, could be used.
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Art. 109.03 A.F.R

109.03—ABSTRACT OF EVIDENCE—contd.
(b) Statements made at a board of inquiry or summary investigation held in
accordance with chapter 21 (Summary Investigations and Boards of
Inquiry) must not be included.
(c) When complying with (2) of this article, it is desirable that another person
preferably an officer or warrant officer, should be present so that he can be
called as a witness at the trail to prove the caution and the making of the
statement. It is not necessary that the accused should make a statement at
once; he may wish to consider the evidence and consult counsel that he
may have retained or an officer who has assisted him under article 108.26
(Officer to Assist Accused).

109.04—APPEARANCE OF ACCUSED BEFORE COMMANDING OFFICER

(1) When a summary or abstract of evidence has completed, the commanding officer
shall cause a copy, together with a copy of the charge sheet, to be delivered to the
accused.
(2) Not less than twenty-four hours after a copy of the summary or abstract of
evidence and of charge sheet have been delivered to the accused, he shall be
brought before the commanding officer.
(3) The commanding officer shall give the accused a further opportunity to give
evidence on oath or to make a statement without being sworn and to call
witnesses in his defence.
(4) When the accused is an officer below the rank of lieutenant-colonel or equivalent
or is a warrant officer, and liable to summary trial by a superior commander, he
shall, in addition to being given an opportunity to make a statement under (3) of
this article, be asked whether if higher authority decides to try him summarily, he
is willing to have the summary or abstract of evidence read at the summary trial
instead of the witnesses referred to therein being called.
(5) The answer of the accused under (4) of this article shall be endorsed on all copies
of the summary or abstract of evidence forwarded to higher authority, and the
endorsements shall be signed by the accused.
NOTES
(a) When an accused is brought before a commanding officer under this
article, his appearance is not part of a summary trial.
(b) Any evidence given or statement made by the accused under (3) of this
article must be taken down verbatim and shall be a separate document not
forming part of the summary or abstract of evidence.
(c) The endorsement under (5) of this article should be in the following form:
“I hereby consent to the reading of this summary or abstract of evidence at
any summary trial by higher authority, instead of witnesses referred to
therein being called to give evidence. I understand that this consent does
not in any way affect the right of a convening authority to convene a court
martial for my trial.”
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A.F.R Art. 109.06

109.05—DISPOSAL OF CASE WHEN SUMMARY OR ABSTRACT OF

EVIDENCE HAS BEEN TAKEN
After the summary or abstract of evidence has been read and considered by the
commanding officer the following courses are open to him:
(a) He may dismiss the charge.
(b) He may decide to deal with the case summary if it within his jurisdiction
(see article 108.28- “Offences Punishable Summarily”). In this case the
accused may demand that any witness who has not given evidence orally
shall do so. After such oral evidence has been heard the commanding
officer shall give the accused a further opportunity to give evidence on
oath, make a statement not on oath, and to call witnesses in his defence.
(c) In the case of a charge against a non-commissioned officer, chief petty
officer, petty officer, leading rating or man, he may remand the accused
for trial by court martial. In this event the commanding officer may prefer
any other charge in addition to, or in substitution for, the charge which
was the subject matter of the summary or abstract of evidence.
(d) In the case of a charge against an officer or warrant officer he shall, unless
he dismisses it, submit it to higher authority and, thereupon it shall be
determined by that authority how the charge is to be proceeded with.

NOTES
If the accused demands, under (b) of this article, the attendance of any witness this means
that, as far as an abstract of evidence is concerned, the accused may demand that the
evidence of any witness concerned therein be given orally. Similarly, with regard to a
summary of evidence, he may demand that a witness, whose written statement has been
included in accordance with (2) (b) of article 109.02 shall give evidence orally.

109.06—FORWARDING OF APPLICATION TO HIGHER AUTHORITY

(1) When the commanding officer applies to higher authority for disposal of a charge,
he shall address the application to the next superior officer to whom he is responsible in
matters of discipline. A copy of this application shall be addressed to the Direction of
Legal Services, Ministry of Defence.

(2) An application under (1) of this article shall be in the form of a letter and shall be
accompanied by:
(a) a copy of the charge report on which the accused is held and a draft charge
sheet (four copies) containing the charges on which the commanding
officer considers the accused should be tried by court martial;

(b) summary or abstract of evidence (original and seven copies). All copies
shall bear the following words signed by a responding officer at the
accused unit or ship:

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Art. 109.06 A.F.R.

109.06—FORWARDING OF APPLICATION TO HIGHER AUTHORITY—contd.

“This summary (or abstract) of evidence, when sent to the president of the
court martial is intended for his information only and not for the
information of the whole court except when it becomes admissible as
evidence”.
(c) any documentary exhibits which are to be produced at the trial (with seven
copies). These exhibits shall be arranged in the order in which they are
referred to by the witnesses, and shall also be marked with consecutive
letters.
(d) list of witnesses (in duplicate) for the prosecution and defence (with their
present unit or addresses);
(e) list of exhibits (originally and seven copies);
(f) any correspondence not included as part of the case for the prosecution but
which higher authority should see. This correspondence should be
arranged chronologically and should be separate from the summary or
abstract of evidence, charge sheets and exhibits.
(g) the conduct sheet, if any, of the accused;
(h) the statement, if any, of the accused (see (3) of article 109.04);
(i) the record of service of the accused.
(3) The commanding officer shall, in the letter applying for disposal by higher
authority, include, if applicable:
(a) a statement as to whether or not the accused elected trial by court martial;
(b) his recommendation as to whether the accused should be tried by a
superior commander or by court martial; and
(c) if no statement of the accused accompanies the application, confirmation
that (1) and (3) of article 109.04 were complied with and that the accused
did not wish to give evidence or make a statement.

109.07—ACTION ON RECEIPT OF APPLICATION FOR DISPOSAL

(1) When an officer who has power to try the accused summarily or to convene a
court martial and who receives an application forwarded under article 109.06, considers
that a charge should not be proceeded with, either because there does not appear to be
sufficient evidence to justify the accused being tried or for any other reason, he shall
order that the charged be dismissed.
(2) When the officer described in (1) of this article considers that the charge should
be proceeded with he shall forward the original and, where applicable, a copy of all the
documents contained in (2) (a) to (i) of article 109.06, to the Director of Legal Service,
Ministry of Defence, for pre-trial advice.
(3) Subject to such advice as may be given by the Director of legal Services, the
officer described in (1) of this article shall:
(a) direct that the accused be tried by court martial and take steps to have him
so tried; or

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 C.I. 12.
A.F.R. Art. 109.99

109.07—ACTION ON RECEIPT OF APPLICATION FOR DISPOSAL—contd.

(b) if the accused is a subordinate officer or a man below the rank of warrant
officer, return the case to the commanding officer with directions to
proceed with a summary trial, unless the accused has elected to be tried by
court martial.

(c) if the accused is an officer below the rank of lieutenant-colonel or

equivalent or is a warrant officer, the officer described in (1) of this article
may, in appropriate cases, try the accused summarily. (See chapter 110–
“Summary Trial by Superior Commander”.)

(4) The direction of the convening authority under (3) (a) of this article that the
accused be tried by court martial shall be endorsed on the charge sheet and the
endorsement signed and dated by the convening authority.

NOTES

(a) If a superior commander considers that information additional to that

contained in the summary or abstract of evidence is necessary before he
can decide whether the charge should be proceeded with, he may seek
further information.

(b) An endorsement under (4) of this article should be in the following form
“To be tried by………………………………..Court Martial”.

109.08 TO 109.99—INCLUSIVE: NOT ALLOCATED

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C.I. 12.
CHAPTER 110

SUMMARY TRIALS BY SUPERIOR COMMANDERS

110.01—WHO MAY TRY AS A SUPERIOR COMMANDER

Upon receipt of an application for the disposal of a charge, any one of the following
officers may conduct a summary trial as a superior commander:
(a) an officer of or above the rank of brigadier or equivalent; and

(b) any other officer prescribed or appointed by the President for that purpose

110.02—WHO MAY BE TRIED BY A SUPERIOR COMMANDER

(1) Section 64 of the Armed Forces Act, 1962 provides in part:
“64. (1)… a “superior commander”, may in his discretion try by summary trial an
officer below the rank of Commander, Lieutenant-Colonel or Wing commander
or a Warrant Officer, charge with having committed a service offence”.

(2) No superior commander shall try a subordinate officer summarily.

110.03—POWERS OF PUNISHMENT OF A SUPERIOR COMMANDER

The powers of punishment of superior commander shall be limited to the punishments
and subject to the conditions prescribed in the table to this article.

TABLE TO ARTICLE 110.03

Authorized Maximum
Remarks
Punishment Amount
Forfeiture of seniority — —
Severe reprimand — May be accompanied by a fine
Reprimand — May be accompanied by a fine
Fine Three months basic See article 104.12—“Fine”.
Pay Fine may also be
accompanied by either a
severe reprimand or
reprimand.

(a) The punishment prescribed in the table to this article may be imposed
upon any person liable to trial by a Superior commander, that is to say
upon a commissioned officer below the rank of Lieutenant-colonel or
equivalent or upon a Warrant Officer.

(b) This article include the restricted on punishment contained in section 64

(3) of the Armed Forces Act, 1962 and is a complete statement of the
powers of punishment exercisable by a superior commander.

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A.F.R. Art. 110.05

110.04—COMMENCEMENT OF SUMMARY TRIAL BY SUPERIOR

COMMANDER
(1) Before a superior commander commences a summary trial, he shall peruse the
charge sheet to determine whether he is precluded from trying the accused:
(a) by reason of the accused’s rank or status, or
(b) because the superior commander considers his powers of punishment to be
inadequate having regard to the gravity of the alleged offence.
(2) When the superior commander has determined that he is not precluded from
trying the accused, he shall have the accused brought before him and shall proceed with
the trial as prescribed in this chapter. In any other case he shall not try the accused
summarily.
NOTES
(a) This article refers to the action to be taken by a superior commander when
he has decided the charge should be proceeded with. If he has decided that
the charge should not be proceeded with he is required under article
109.07 (Action on Receipt of Application for Disposal to dismiss the
charge).
(b) The action to be taken by a superior commander when he desires to have a
charge proceeded with by court martial is prescribed in paragraphs (2) and
(3) of article 109.07.

110.05—GENERAL RULES FOR TRIAL BY SUPERIOR COMMANDER

(1) When a superior commander tries an accused summarily he shall conduct the trial
in the presence of the accused and:
(a) cause the charge sheet to be read to the accused;
(b) receive such evidence as may be available that tends to substantiate the
particulars of the offence charged, either
(i) By causing the summary or abstract of evidence to be read aloud,
if the accused has consented to this being done (see article
109.04—“Appearance of Accused Before Commanding Officer ”),
or
(ii) In addition to or in lieu of (i) of this sub-paragraph, by hearing
witnesses, and having read aloud the documentary evidence
submitted;
(c) call and hear such witnesses including the accused as the accused may
request to be called and whose attendance can, having regard to the
exigencies of the service, reasonably be procured; but nothing in this sub-
paragraph shall require the procurement of attendance of any witnesses,
the request for whose attendance is deemed by the superior commander to
be frivolous or vexatious;
(d) permit the accused to put to any witness such questions as are relevant to
the charge or the conduct and character of the accused;
(e) permit the accused to make any submission which is relevant to the
charge, his conduct or character; and

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Art. 110.05 A.F.R.

110.05—GENERAL RULES FOR TRIAL BY SUPERIOR COMMANDER—contd.

(f) If he considers that the interest of justice so require, adjourn the trial to
enable further evidence to be given.
(2) A superior commander may dismiss a charge at any stage of trial.
(3) At any time a superior commander may decided to remand the accused for trial by
court martial.
(4) Where a superior commander tries an accused person by summary trial, the
evidence shall be taken on oath if the superior commander so directs or the accused
person so requests, and the superior commander shall inform the accused person of his
right so to request.
(5) When, under (4) of this article, the evidence is to be taken on oath, the superior
commander shall before the witness is heard:
(a) cause the witness to take the following oath:
“I swear by Almighty God that the evidence I shall give shall be
the truth, the whole truth and nothing but the truth”.
(b) If the witness objects to taking the oath affirm, cause him to make the
following affirmation:
“I solemnly, sincerely and faithfully affirm that the evidence I shall
give shall be the truth, the whole truth and nothing but the truth”.

110.06—ACTION BY SUPERIOR COMMANDER WHEN POWERS OF

PUNISHMENT INADEQUATE
(1) If a superior commander concludes during a trial that his power of punishment
would, if the accused were guilty, prove inadequate having regard to the gravity of the
offence, he shall not pronounce a finding but shall;
(a) Remand the accused, either in custody or not as he sees fit; and
(b) Direct that the accused be tried by court martial and take steps to have him
so tried.
(2) The direction of the convening authority under (1) (b) of the article that the
accused be tried by court martial shall be endorsed on the charge sheet and the
endorsement signed and dated by the convening authority.

NOTES
(a) The situation envisaged by this article should not normally arise if, before
commencing the trial, the superior commander has been careful to
ascertain whether his powers of punishment are likely to prove adequate.
It may occur, however, when the character evidence discloses previously
unsuspected convictions for service offences, or when the evidence at the
trial reveals the offence to be much more serious than was previously
believed.

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A.F.R. Art. 110.07

110.06—ACTION BY SUPERIOR COMMANDER WHEN POWERS OF

PUNISHMENT INADEQUATE—contd.

(b) When the superior commander has pronounced any finding or sentence at
the trial, he cannot then remand, the accused with a view to having a court
martial convene, as the accused would be plead that the had already been
convicted of the offence and so could be tried again. (See article 102.17—
“Previous acquittal or conviction”).
(c) An endorsement under (2) of this article should be in the following form:
“To be tried by ……………………………………………Court Martial”.

110.07—DETERMINATION OF FINDING AND SENTENCE BY SUPERIOR

COMMANDER
(1) When a superior commander, after hearing the evidence, concludes that it has
been proved beyond reasonable doubt that the accused committed either:
(a) The offence charged, on the particulars given in the charge report,
(b) The offence charged, on a special finding under (2) of this article; or
(c) A related or less serious offence prescribed in section 56 of the Armed
Force Act, 1962 (See article 103.49-“Conviction for Related or Less
Serious Offences”);
he shall determine what sentence should be imposed.

(2) When a superior commander concludes that:

(a) while the facts proved differ materially from the fact alleged in the
statement of particulars in the charge report, they are nevertheless
sufficient to establish the commission of the offence stated in the charge
report; and
(b) the difference between the facts proved and the facts alleged in the
statement of particulars has not prejudiced the accused in his defence;
the superior commander may, instead of making a finding of not guilty, make a special
finding in which is stated the exceptions or variations from the facts alleged in the
statement of particulars.

(3) In determining the sentence, a superior commander shall take into consideration:
(a) the gravity of the offence and the character and previous conduct of the
offender; and
(b) any consequences of the finding or of the sentence;
(c) if the punishment which the superior commander intends to award is one
of forfeiture of seniority he shall give the accused an opportunity of
electing trial by court martial.

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Art. 110.07 A.F.R.

110.07—DETERMINATION OF FINDING AND SENTENCE BY SUPERIOR

COMMANDER—contd.

NOTES
(a) An example under (2) of this article is where in a charge of stealing it is
alleged in the particulars that the accused stole three pairs of binoculars
whereas at the trial it is proved that the accused stole only one pair of
binoculars. The accused may, instead of being found not guilty, be found
guilty, on a special finding, of stealing one pair of binoculars;
(b) In determining the severity of sentence necessary for the prevention of
other similar offences, the superior commander should consider whether
offences of this nature are unusually prevalent. An offence which is
unusually prevalent may require a more severe sentence than one which is
rare.
(c) The consequences of sentences may include such general consequences as
delayed promotion and an adverse effect upon the subsequent service
carrier of the offender.
(d) When the superior commander is trying an accused against whom there is
more than one charge, he may pass one sentence only in respect of all the
charges which are before him (See articles 104.15—“One Sentence only
may be Passed”).
(e) For withdrawal of election see article 111.66—“Withdrawal of election to
be tried by court Martial”.
(f) When an accused elects trial the charge sheet should be endorsed “The
accused elects trial on the..…………………………charge”.

110.08—PRONOUNCEMENT OF FINDING AND SENTENCE BY SUPERIOR

COMMANDER.
(1) As soon as practical after the evidence has been received, a superior commander
shall, in the presence of the accused, dismiss the charge or, if the accused is found guilty,
pronounce the sentence, subject to the accused” right to elect trial by court martial under
(3) of article 110.07
(2) If the superior commander makes, under article 110.07 a special finding of guilty,
or a finding of guilty of a related or less serious offence than that charged, he shall inform
the accused of that finding.
(3) A superior commander shall endorse his finding and sentence on the charge sheet.

NOTES
Where the punishment is forfeiture of seniority the award shall be made in the following
form—“To take seniority in the rank of …………..as if his appointment to that rank bore
date the ………… day of …………………… 19…………………”.

110.09 TO 110.99—INCLUSIVE: NOT ALLOCATED

164
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C.I. 12.
CHAPTER 111

CONVENING AND POWERS OF COURTS MARTIAL

Section 1—Application of Chapter

111.01—APPLICATION OF CHAPTER
This chapter shall apply to:
(a) General Courts Martial; and
(b) Disciplinary Courts Martial.

111.02 TO 111.04—INCLUSIVE: NOT ALLOCATED

Section 2—Convening of Courts Martial

111.05—WHO MAY CONVENE COURTS MARTIAL

The following persons may convene a court martial:
(a) the Chief of Defence Staff:
(b) an officer commanding a command, upon receipt of an application from a
commanding officer;
(c) an area commander, upon receipt of an application from a commanding
officer; and
(d) such other service authorities as the President may, on the advice of the
Armed Forces Council appoint

NOTES
(a) The power of the President to convene courts martial and to authorize
other authorities to do so is a statutory power prescribed by section 65 (1)
of the Armed Forces Act, 1962.
(b) If the convening authority considers that information not contained in the
summary or abstract of evidence is necessary before he can decide
whether to convene a court martial, he may seek further information.

111.06—CONVENING ORDER
(1) Every convening order shall contain:
(a) a statement as to whether the court martial to be convened shall be a
general court or a disciplinary court martial:
(b) either
(i) the rank and name of the president, or
(ii) a designation of the officer empowered to appoint a president;
and
(c) in respect of each other member of the court martial, either
(i) his rank and name, or
(ii) the designation o the station, unit or ship from which he is to be
detailed together with the rank which he shall hold.

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Art. 111.06 A.F.R.

111.06–CONVENING ORDER—contd.
(2) A convening order shall be in the following form:

CONVENING ORDER
Order for a …………………………………………………………………Court Martial
(General or Disciplinary)
The officers mentioned below shall be assemble at ……………………………………….
on the ……………day of ……………………………………..19……………,for the
purpose of trying by a …………………………………………………Court Martial
(General or Disciplinary)
.............................................................................................................................................
(number, rank, surname, forename (s))

and such other person or persons as may be brought before them.

Fill in either:
(i) rank, name and unit of the president
or
(ii) (specify officer by name or appoint- President
ment)is empowered to and shall
appoint the president ...................................................

Other Members
Fill in for each member either:
(i) rank, name and unit …………………………………
…………………………………
or ………………………….………
…………………………………
(ii) “a (specify rank) to be detailed from ………………………………...
(specify unit)”

Fill in for each waiting member either: Waiting Members

(i) rank, name and unit
…………………………………
or
…………………………………
(iii) “a (specify rank) to be detailed from …………………………………
(specify unit)”
…………………………………
…………………………………

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 C.I. 12.
A.F.R. Art. 111.08

111.06—CONVENING ORDER—contd.
Delete if no judge advocate is to be appointed
or Judge Advocate
Fill in either:
(i) rank and name for judge advocate, or ……………………………….
(ii) “To be appointed by the Chief Justice”
Signed this…………day of ………..19………...
…………………………………………………..
(Rank and name of convening authority)

NOTES
(a) The requirement that the president of a general court martial and of a
disciplinary court martial shall be appointed by the officer convening the
court martial or by an officer empowered by him to appoint the president
is a statutory requirement prescribed in section 66 (2) and 70 (2) of the
Armed Forces Act, 1962.
(b) The convening authority should when practical select the president and
members of the court from among different units and should not, unless
the exigencies of the service so require, select the president or the
members from the unit to which the accused belongs.

111.07—ENDORSEMENT OF CHARGE SHEET OF DIRECTION FOR TRIAL

A direction that the accused be tried by court martial shall be endorsed on the charge
sheet and the endorsement signed and dated by the convening authority.

NOTES
An endorsement under this article should be in the following form: “To he tried
by…………………………………………………………………………Court Martial.”

111.08—DISSOLUTION AND TERMINATION OF COURTS MARTIAL

(1) Unless dissolved under article 112.63 (death or Disability of Members or Other
Persons), a court martial shall be deemed to be dissolve when it has terminated its
proceedings in accordance with (1) (a) or (7) (d) of article 112.14 or this article.
(2) The convening authority may, in respect of an accused, at any time prior to a
court martial’s pronouncing its findings to such accused, order the court to terminate its
proceedings, in accordance with (3) of this article for that accused.
(3) Upon the receipt of an order for termination of the trial of an accused, the court
martial shall forthwith terminate its proceedings on all charges against that accused in
respect of which findings have not been pronounced, but shall proceed as prescribed in
article 112.05 and, subject to article 112.29 (Change of Plea during Trial), pronounce its

167
C.I. 12.
Art. 111.08 A.F.R.

111.08—DISSOLUTION AND TERMINATION OF COURTS MARTIAL—contd.

sentence in respect of any charge for which a plea of guilty has been accepted and
recorded or a finding of guilty has been pronounced.
(4) The convening authority may convene another court martial for the trial of those
charges in respect of which findings have been pronounced and the trial of which was
terminated under (3) of this article.

111.09 TO 111.15—INCLUSIVE: NOT ALLOCATED

Section 3─ General Courts Martial

111.16—JURISDICTION OF GENERAL COURT MARTIAL

Section 67 of the Armed forces Act, 1962 provides:
“67. A general court martial may try any person subject to the Code of Service
Discipline who is alleged to have committed a service offence”.

111.17—LIMITATIONS OF POWERS OF PUNISHMENT OF GENERAL

COURT MARTIAL
No general court martial shall pass sentence that includes a minor punishment. For the
limitations applicable to each type of punishment, see Chapter 104 (Punishments and
Sentences), articles 104.02 and 104.13 inclusive.

111.18—NUMBER OF MEMBERS OF GENERAL COURT MARTIAL

(1) Section 66 of the Armed Forces Act, 1962 provides in part
“66. (1) A general court martial shall consist of not less than five officers and not
more than such number of officers as may be prescribed”.
(2) No general court martial shall consist of more than nine officers.
(3) At least two officers should be detailed as waiting members for each general court
martial.

NOTES
Normally it should not be necessary to detail more than five members and two waiting
members for a general court martial.

111.19—ELIGIBILITY TO SERVE ON GENERAL COURT MARTIAL

Section 65 of the Armed Forces Act, 1962 provides in part:
“65. (2) Any authority who convenes a court martial under subsection (1) may
appoint as members of the court martial, officers of the Army of Ghana, Navy of Ghana,
or Air Force of Ghana or officers of an any navy, army or air force, who are attached,
seconded or loaned to the Armed Forces”.

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A.F.R. Art. 111.22

111.20—INELIGIBILITY TO SERVE ON GENERAL COURT MARTIAL

Section 69 of the Armed Forces Act, 1962 provides:
“69. None of the following persons shall sit as a member of a general court
martial:—
(a) the officer who convened the court martial;
(b) the prosecutor;
(c) a witness for the prosecution;
(d) the commanding officer of the accused person;
(e) a provost officer;
(f) an officer who is under the age of twenty-one years;
(g) an officer below the naval rank of lieutenant, the army rank of captain or
the air force rank flight lieutenant; or
(h) any person who prior to the court martial participated in any investigation
respecting the matters upon which a charge against the accused person is
founded”.

111.21—RANK OF PRESIDENT AND MEMBERS OF GENERAL COURT

MARTIAL
Section 66 of the Armed Forces Act, 1962 provides in part:
“66. (2) The president of a general court martial shall be an officer of or above the
naval rank of captain or of or above the rank of colonel or group captain…
(3) where the accused person is of or above rank of commodore, brigadier or
air commodore, the president of a general court martial shall be an officer of or
above the rank of the accused person, and the other members of the court martial
shall be of or above the naval rank of captain or of or above of a colonel group
captain
(4) where the accused person is of the naval rank of captain or of the rank of
colonel or group captain, all of the members of a general court martial, other than the
president, shall be of or above the rank of commander, lieutenant-colonel or wing
commander
(5) Where the accused person is a commander, lieutenant-colonel or wing
commander, at least, two of the members of a general court martial, exclusive of the
president, shall be of or above rank of the accused person”.

NOTES
The convening authority should not normally appoint as a member of a general court
martial an officer of a rank lower than the rank held by the accused.

111.22—APPOINTMENT OF JUDGE ADVOCATE AT GENERAL COURT

MARTIAL
Section 68 of the Armed Forces Act, 1962 provides:
“68. The Chief Justice shall appoint a person to officiate as judge advocate at a
general court martial”.
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C.I. 12.
Art. 111.23 A.F.R.

111.23—APPOINTMENT OF A PROSECUTOR FOR GENERAL COURT

MARTIAL
(1) A prosecutor shall be appointed for each general court martial. He shall subject to
(2) of this article, be a commissioned officer:
(a) appointed by name by the convening authority; or
(b) appointed by an officer designated by the convening authority to do so.
(2) The convening authority may, with the concurrence of the Director of Legal
Services, appoint counsel to act as prosecutor.

111.24 TO 111.34─INCLUSIVE: NOT ALLOCATED

Section 4—Disciplinary Courts Martial

111.35—JURISDICTION OF DISCIPLINARY COURT MARTIAL

(1) Section 71 of the Armed Forces Act, 1962 provides:
“71. Subject to any limitation prescribed in regulations made under this Act, a
disciplinary court martial may try any person subject to the Code of Service
Discipline who is alleged to have committed a service offence”.
(2) No disciplinary court martial shall try a commissioned officer, unless the Chief of
Defence Staff otherwise directs.
NOTES
(a) The only regulations limiting the authority of a disciplinary court martial
are contained in this article and article 111.36.
(b) A disciplinary court martial should not normally be convened for the trial
of a commissioned officer but it may be expedient to do so in some
instances, as for example, when no officer of or above the rank of colonel,
captain (navy) or group captain is readily available at serve as the
president of a general court martial.
111.36─LIMITATION OF POWERS OF PUNISHMENT OF DISCIPLINARY
COURT MARTIAL
No disciplinary court martial shall pass a sentence that includes:
(a) a punishment higher in the scale of punishments (see article 104.02) than
imprisonment for less than two years; or
(b) a minor punishment.

111.37─NUMBER OF MEMBERS OF DISCIPLINARY COURT MARTIAL

(1) Section 70 of the Armed Forces Act, 1962 provides in part:
“70. (1) A disciplinary court martial shall consist of not less than three officers
and not more than such number of officers as may be prescribed”.
(2) No disciplinary court martial shall consist of more than five officers.
(3) At least one officer should be detailed as a waiting member for each disciplinary
court martial.
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 C.I. 12.
A.F.R. Art. 111.42

111.37—NUMBER OF MEMBERS OF DISCIPLINARY COURT MARTIAL—

contd.
NOTES
Normally it should not be necessary to detail more than three members and one waiting
member for a disciplinary court martial.

111.38—ELIGIBILITY TO SERVE ON DISCIPLINARY COURT MARTIAL

Section 65 of the Armed Forces Act, 1962 provides in part:
“65. (2) Any authority who convenes a court martial under subsection (1) may
appoint as members of the court martial, officers of the Army of Ghana, Navy of
Ghana or Air Force of Ghana or officers of any navy, army or air force, who are
attached, seconded or loaned to the Armed Forces.”
111.39—INELIGIBILITY TO SERVE ON DISCIPLINARY COURT MARTIAL
(1) Section 74 of the Armed Forces Act, 1962 provides:
“74. None of the following persons shall sit as a member of a disciplinary court
martial:—
(a) the officer who convened the court martial;
(b) the prosecutor;
(c) a witness for the prosecution;
(d) the commanding officer of the accused person;
(e) a provost officer;
(f) an officer who is under the age of twenty-one years; or
(g) any person who prior to the court martial participated in any investigation
respecting the matters upon which a charge against the accused person is
founded”.
(2) No subordinate officer shall sit as a member of a disciplinary court martial.
111.40─RANK OF PRESIDENT OF DISCIPLINARY COURT MARTIAL
Section 70 of the Armed Forces Act, 1962 provides in part:
“70. (3) The president of a disciplinary court martial shall be an officer of or
above the rank of lieutenant-commander, major or squadron leader or of or above
such higher rank as may be prescribed”.

111.41—APPOINTMENT OF JUDGE ADVOCATE FOR DISCIPLINARY

COURT MARTIAL
(1) Section 73 of the Armed Forces Act, 1962 provides:
“73. The Chief Justice may appoint a person to officiate as judge advocate at a
disciplinary court martial”.

111.42—APPOINTMENT OF PROSECUTOR FOR DISCIPLINARY COURT

MARTIAL
(1) A prosecutor shall be appointed for each disciplinary court martial. He shall,
subject to (2) of this article, be a commissioned officer:
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C.I. 12.
Art. 111.42 A.F.R.

111.42—APPOINTMENT OF PROSECUTOR FOR DISCIPLINARY COURT

MARTIAL—contd.
(a) appointed by name by the convene authority; or
(b) appointed by an officer designated by the convening authority to do so.

(2) The convening authority may, with the concurrence of the Director of Legal
Service, appoint counsel to act as prosecutor.

111.43 TO 111.49—INCLUSIVE: NOT ALLOCATED

Section 5—Forwarding of Documents

111.50—FORWARDING OF DOCUMENTS BY CONVENING AUTHORITY

When a convening authority has issued order o a court martial, he shall forward:—
(a) to the president:
(i) the convening order,
(ii) the charge sheet, and
(iii) a copy of the summary or abstract of evidence
(b) to the judge advocate, if any:
(i) a copy of the convening order,
(ii) a copy of the charge sheet, and
(iii) a copy of the summary or abstract of evidence;
(c) to the prosecutor:
(i) a copy of the convening order,
(ii) a copy of the charge sheet,
(iii) a copy of the summary or abstract of evidence, and
(iv) the conduct sheet of the accused; and
(d) to the commanding officer of the unit where the accused is awaiting trial:
(i) a copy of the convening order,
(ii) a copy of the charge sheet, and
(iii) information as to whether the prosecutor is a person having legal
qualifications.

111.51—TRANSMISSION OF DOCUMENTS TO ACCUSED

The commanding officer of the unit where the accused is present shall ensure that there is
handed to the accused at least twenty-four hours before the commencement of his trial:
(a) a copy of the convening order;
(b) a copy of the charge sheet; and
(c) a written notification as to whether the prosecutor is a person having legal
qualifications.

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 C.I. 12.
A.F.R. Art. 111.60

111.52—RECEIPT FOR DOCUMENTS BY ACCUSED

(1) When the documents prescribed in article 111.51 have been handed to the
accused, he shall be required to complete a receipt for the documents. The receipt shall
show—
(a) a list of the documents received by the accused, and
(b) the date and time at which the documents were received by him.
(2) The receipt shall be in the following form:
RECEIPT FOR DOCUMENTS TRANSMITTED TO ACCUSED
I hereby acknowledge that at…………………………………..hours on
the…….……..day of ………………………19……, I did receive the following
documents appertaining to my trial by court martial:
copy of the convening order
copy of the charge sheet
a written notification as to whether the prosecutor is a person having legal
qualifications.
Signed this………………day of…………….., 19…………….
Witness…………………………………… …..……………………………………....
(Number, rank and name of accused)
(3) If the accused refuses to sign the receipt prescribed in this article, the person
handing the documents to him shall make an endorsement to that effect on the receipt and
shall state in that endorsement the date and time at which he delivered the documents
listed in the receipt.

111.53 TO 111.59—INCLUSIVE: NOT ALLOCATED

Section 6—Preparation for Trial

111.60—DEFENDING OFFICER, COUNSEL AND ADVISER
(1) Every accused shall, if he so desires be entitled to have at a court martial:
(a) a defending officer; and
(b) an adviser.
(2) A defending officer may be any commissioned officer of the Armed Forces; and
an adviser may be any person, irrespective of his status or rank
(3) The person who transmits to the accused the documents prescribed in article
111.51 shall inquire of the accused whether he:
(a) desires a defending officer to represent him;
(b) intends to retain counsel; or
(c) desires to conduct his defence himself without the assistance of a
defending officer.
(4) When the accused states that he desires to have a defending officer appointed to
represent him, the person transmitting the documents to the accused shall ascertain
whether he desires a particular defending officer or whether he is willing to accept any
defending officer who may be detailed to represent him.
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C.I. 12.
Art. 111.60 A.F.R.
111.60—DEFENDING OFFICER, COUNSEL AND ADVISER—contd.
(5) The person transmitting the documents to the accused shall inform the
commanding officer of the station, unit or ship where the accused then is, as to the wishes
of the accused under (4) of this article. If the accused has requested the services of a
particular officer as defending officer, the commanding officer shall endeavour to have
him made available for that purpose. If a particular officer asked for by the accused is not
available or if the accused has requested that a defending officer be appointed but has not
named a particular officer, the commanding officer shall ensure that a suitable officer is
appointed.
(6) The accused shall be responsible for—
(a) retaining counsel instead of a defending officer; and
(b) obtaining an adviser
NOTES
The function of an adviser is to assist an accused, both before and during trial, in
respect of any technical or specialized aspect of the case. Under Chapter 112, he is not
permitted to take any part in the proceedings before the court. He may be of any rank or
may be a civilian.
111.61—PREPARATION OF DEFENCE BY ACCUSED
When a court martial has been convened, the commanding officer shall ensure that the
accused is afforded full opportunity to prepare his defence and of free and private
communication with his defending officer or counsel, his adviser, and if he has no
defending officer or counsel, with his witnesses.
111.62—DUTY TO PROCURE WITNESSES
The commanding officer of the accused person, the authority who convenes a court
martial, or, after the assembly of the court martial, the president, shall take all necessary
action to procure the attendance of the witnesses whom the prosecutor and the accused
person request to be called and whose attendance can, having regard to the exigencies of
the service, reasonably be procured but nothing in this subsection shall required the
procurement of the attendance of any witnesses, the request for whose attendance is
deemed by any such commanding officer, authority who convenes a court martial or
president, to be frivolous or vexatious.
111.63—METHOD OF PROCURING WITNESSES
(1) Every person required to give evidence before a court martial may be summoned
under the hand of the authority by whom the court martial was convened, or under the
hand of the president or judge advocate.
(2) A person summoned under subsection (1) may be required to bring with him and
produce at a court martial any documents in his possession or under his control relation to
the matters in issue before the court martial.
(3) A witness summoned or attending to give evidence before a court martial shall be
paid such witness fees and allowances for expenses of attendance as are prescribed in
these Regulations.
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A.F.R. Art. 111.63

111.63—METHOD OF PROCURING WITNESSES—contd.

NOTES
(a) This provisions is designed primarily to compel the attendance of civilian
witnesses. In most cases service witnesses will merely be ordered to
attend.
(b) When the president or the judge advocate of a court martial has been
appointed, he has, from the date of his appointment, power to summon
witnesses under this article.
(c) A summons issued under this article shall be in the following form:

SUMMONS TO A WITNESS
To:………………………………………………………………….
(Name of witness)
WHEREAS a …………………………………………………… Court Martial has been
(General or Disciplinary)
ordered to assemble for the trial of:
………………………………………………………………………………………………
(Number) (rank) (surname) (forename(s))
on the following charge(s) …..……………………………………………………………..
………………………………………………………………………………………………
………………………………………………………………………………………………
I herby summon and require you to attend, as a witness before the said Court
at…………..........on the ………………………. day of ……………………at
(Place) (Date) (Month)
…………………o’clock in the …………………………..noon and so to attend
(Time) (Fore or After)

Delete if documents are from day to day until excused by the Court, to testify as to
not required what you know concerning the charge(s) made against the
said accused, and have with you then and there any
Description of documents documents in your possession or under your control relating
to the said charge(s) and more particularly. This Summons
is issued pursuant to Regulations made under section 97 of
the Armed Forces Act, 1962 and the Constitution.

…………………………………….
(Signature)
(Specify appointment which must be
Convening Authority, the President or
the Judge Advocate of the Court.)

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 C.I. 12.
Art. 111.64 A.F.R.

111.64—ACCUSED TO BE INFORMED OF PROSECUTION WITNESSES

(1) The prosecutor should, before a trial by court martial commences, notify the
accused of any witness whom he proposes to call, the nature of whose evidence is not
indicated in the summary or abstract of evidence and furnish the accused with a written
statement of the substance of the proposed evidence of that witness.

(2) If a witness is called by the prosecutor and no indication of the nature of the
evidence of that witness appears in the summary or abstract of evidence the accused shall
have the right, unless the prosecutor has complied with (1) of this article, to postpone his
cross examination after the examination-in-chief of the witness has been completed. (See
also article 112.61—“Adjournment of Court”.)

111.65—RIGHT TO CALL PROSECUTION WITNESSES

(1) Subject to (2) of this article the prosecutor shall not be bound to call every witness
against the accused whose evidence is contained in the summary or abstract of evidence
or a witness whose evidence is not contained in the summary or abstract of evidence even
though he has notified the accused that he intends or to call such witness.

(2) If the prosecutor does not intend to call a witness mentioned in (1) of this article
he shall either:
(a) give the accused reasonable notice, before trial, of his intention; or
(b) if he has not given the accused notice under (a) of this paragraph, call the
witness for cross-examination if the accused so requests and the witness is
available.

111.66—WITHDRAWAL OF ELECTION TO BE TRIED BY COURT MARTIAL

(1) When an accused has elected to be tried by court martial under article 108.31
(Election to be tried by Court Martial), he may withdraw that election at any time prior to
a convening authority’s directing trial by court martial, and thereafter, until the
commencement of his trial by court martial, may withdraw his election only with the
consent of the convening authority.

(2) When an election has been withdrawn under (1) of this article, the commanding
officer or superior commander shall:
(a) proceed with a summary trial of the accused under Chapter 108 or 110, as
applicable, as if the accused had elected not to be tried by court martial; or
(b) dismiss the charge

111.67 TO 111.99—INCLUSIVE: NOT ALLOCATED

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 C.I. 12.
CHAPTER 112

TRAIL PROCEDURE AT GENERAL AND DISCIPLINARY

COURTS MARTIAL
Section 1—Introductory

112.01—APPLICATION OF CHAPTER
This chapter shall apply to:
(a) General Courts Martial;
(b) Disciplinary Courts Martial.
112.02—MEANING OF “ACCUSED” AND “EXAMINATION”
In this chapter unless the context otherwise requires:
(a) “accused’ means the accused personally or counsel or defending officer
acting on behalf of the accused, but does not include an adviser to the
accused; and
(b) “examination” means examination-in-chief, cross-examination, re-
examination and questioning by the court.
112.03—INQUIRY AS TO DISQUALIFICATION OF MEMBERS
The president shall, before the trial commences, ascertain whether any member of the
court is disqualified to sit, having regard to article 111.20 (Intelligibility to serve on
General Court Martial) or article 111.39 (Intelligibility to serve on Disciplinary Court
Martial).
112.04—RULES OF PROCEDURE
The “Rules of Procedure (Army) 1956” of the British Army Act, 1955 shall apply to the
Armed Forces Regulations, unless the provisions of these Rules or any part thereof are
included in or are inconsistent with the ‘provisions of these Regulations.
Section 2—Order of Procedure
112.05—COMMENCEMENT OF TRAIL
(1) Except as prescribed in article 111.08 (Dissolution and Termination of Courts
Martial), article 112.15 (Questions of Law where Judge Advocate Appointed), Section 10
of Chapter 112 (Procedure Generally), and article 117.06 (Procedure at a New Trial), the
procedure at a court martial shall be in the orders set out in this article.
(2) At the beginning of a trial:
(a) the court shall assemble;
(b) the prosecutor and the representatives and the adviser, if any, of the
accused, shall take their places;
(c) the accused shall be brought before the court;
(d) unless the trial is to be held in camera (see article 112.16 – “Who may be
Present at a Court Martial”), members of the public shall be admitted.
(3) When (2) of this article has been complied with:
(a) the judge advocate or, if there is no judge advocate, the president, shall
read to the accused the convening order, and inform him of the names of
those officers by whom if is proposed that he should be tried;
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C.I. 12
Art. 112.05 A.F.R

112.05—COMMENCEMENT OF TRIAL—contd.
(b) the judge advocate or, if there is no judge advocate, the president, shall ask
the accused whether he objects to being tried by any of the officers whose
names have been read, and if he does object, the procedure described in
article 112.17 (Objections to President or Other Members) shall be
followed. The accused shall have no right to object to judge advocate,
prosecutor or officers under instruction.
(4) After any objection to the members of the court has been disposed of:
(a) the judge advocate or, if there is no judge advocate, the president shall
swear the members of the court and officers under instruction and, if there
is no judge advocate, the president shall be sworn by any member of the
court already sworn (see article 112.18—“Oath to be Taken by
Members”);
(b) the president shall swear the judge advocate, if any (see article 112.19—
“Oath to be Taken by Judge Advocate”);
(c) the judge advocate or, if there is no judge advocate the president shall
swear the shorthand writer if any (see article 112.20 – “Oath to be Taken
by shorthand writer”);
(d) if it is proposed to have an interpreter, the judge advocate or, if there is no
judge advocate, the president shall ask the accused whether he objects to
he interpreter, and if he does object, the procedure described in article
112.21 (Objection to interpreter) shall be followed; and
(e) the judge advocate or, if there is no judge advocate, the president shall
swear the interpreter, if any (see article 112.22—“Oath to be Taken by
Interpreter”).
(5) The judge advocate may, with the permission of the president, at any time before
the commencement of the procedure under (2) of article 112.06, address the Court
on such matters, including the Law relating to the charge, as appear to him
necessary or desirable.
(6) After the oaths prescribed in (4) of this article have been taken:
(a) the judge advocate or, if there is no judge advocate, the president shall
read the charge sheet to the accused;
(b) the accused may apply for an adjournment on the ground that he is unable
properly to prepare his defence because the particulars of a charge are
inadequate or are not set out with sufficient clarity (see article 112.26—
“Action when particulars deficient”);
(c) the accused may object to the trial being proceeded with (see article
112.27—“Plea in Bar of Trial”);
(d) when a charge sheet contains more than one charge, the accused may
apply to be tried separately in respect of any charge or charges in that
charge sheet, in the ground that he will be embarrassed in his defence if he
is not so tried separately; and, if he so applies, the court may, if it

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A.F.R. Art. 112.06

112.06—COMMENCEMENT OF TRIAL—contd.
considers the interests of justice so require, proceed with separate trials as
applied for by the accused, and direct the order in which those trials shall
be held;
(e) the judge advocate or, if there is no judge advocate, the president shall ask
the accused to plead guilty or not guilty to each charge; and
(f) if the accused refuses to plead, he shall be deemed to have pleaded not
guilty.

(7) The plea of the accused to each charge shall be recorded but if he has pleaded
guilty to any charge, the procedure prescribed in article 112.28 (acceptance of Plea of
Guilty) shall be followed before that plea is accepted.

(8) After all pleas have been recorded:

(a) if offences have been charged in the alternative, and a plea of guilty has
been accepted under article 112.28 (acceptance of Plea of Guilty) to any
one of the alternatives charges, the president shall direct that the
proceedings on the alternative charge shall be stayed (see article 112.80—
“Effect of a Stay of Proceedings—Alternative Charges”) and the trial shall
proceed in accordance with (b), (c), or (d) of this paragraph, as applicable,
as though the charge which has been stayed were not before the court at
this time;
(b) if pleas of guilty have been accepted for all charges before the court the
procedure prescribed in article 112.30 (Procedure on Plea of Guilty) shall
be followed;
(c) if the accused has pleaded not guilty to any charge before the court, the
trial of that charge shall be proceeded with as prescribed in this article;
(d) if a plea of guilty has been accepted for some of the charges before the
court, and the accused has pleaded not guilty to another charge or charges,
the trial of those charges to which he has pleaded not guilty shall be
proceeded with and findings pronounced thereon, before proceeding on
those charges to which a plea of guilty has been accepted.
(9) Following any action required by (7) of this article, the judge advocate or if there
is no judge advocate, the president shall ask the accused whether, on the ground that he
has not had sufficient time to prepare his defence, he applies for an adjournment, and, if
the accused does so, the procedure prescribed in article 112.61 (Adjournment of Court)
shall be followed. If an application is allowed the president shall adjourn the court.

112.06—CASE FOR THE PROSECUTION

(1) After the accused has been given an opportunity to request an adjournment, the
prosecutor shall, if the president or judge advocate so requests, make an opening address
(see article 112.31—“Opening Address by Prosecutor”).

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Art. 112.06 A.F.R

112.06—CASE FOR THE PROSECUTION—contd.

(2) Subject to a direction by the president under article 112.59—(“Trial within a
Trial”) at any time during the presentation of the case for the prosecution:
(a) the prosecutor shall in such order as he sees fit, call the witnesses for the
prosecution, who shall be worn by the judge advocate or, if there is no
judge advocate, by the president (see article 112.23 — “Oath to be Taken
by witnesses”) and they shall be examined by the prosecutor (see article
112.33—“Examination of Witnesses”);
(b) the accused may cross-examine or apply for permission to postpone the
cross examination of each of the witnesses for the prosecution (see article
112.33—“Examination of Witnesses”);
(c) the prosecutor may, if a witness for the prosecution has been cross-
examined, re-examine that witness;
(d) the president, the judge advocate, or, with the permission of the president,
any member of the court may put further questions to a witness for the
prosecution either during or at the conclusion of the examination of the
witness; but should normally put any questions following the conclusion
of the re-examination of the witness; and
(e) if a witness has been questioned under (d) of this paragraph, the
prosecutor or the accused may, with the permission of the President, put to
the witness any questions relative to the answers as seem proper to the
court.
(3) When the examination of all witnesses for the prosecution has been completed,
the prosecutor shall inform the court that the case for the prosecution is closed.

112.07—SUBMISSION OF NO CASE
When the case for the prosecution is closed, the court may, of its own motion or upon the
motion of the accused, hear arguments first by the accused and then by the prosecutor,
together with any reply by the accused, as to whether a prima facie case has been made
out against the accused, and:—
(a) the judge advocate may, if he so desires, and shall if the president so
requests, inform the court that:
(i) to establish a prima facie case the evidence heard during the case
for the prosecution must be such that the accused might reasonably
be found guilty if no further evidence were adduced; that is, a
prima facie case in regard to each charge is only established when
the evidence disclosed, whether believed or not, is such that if no
further evidence were adduced it would be sufficient to prove the
essential ingredients of the offence,
(ii) the credibility of witnesses, the weight of evidence, and the
doctrine of reasonable doubt are not to be considered in making a
decision on this question, and

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A.F.R. Art. 112.08

112.07—SUBMISSION OF NO CASE—contd.
(iii) the evidence mentioned in (i) of this subparagraph includes the
evidence submitted to the court, the proper inferences which may
be drawn there from, the legal presumptions raised thereby, and
matters of which judicial notice may be taken;
(b) the court shall then close to decide whether a prima facie case has been
made out against the accused; and
(c) the court shall re-open when it has arrived at its decision and:
(i) if it has decided that no prima facie case has been made out in
respect of a charge, the president shall pronounce the accused not
guilty on that charge, or
(ii) if it has decided that a prima facie case has been made out in
respect of a charge, the president shall direct that the trial proceed
on that charge.

112.08—CASE FOR THE DEFENCE

(1) (a) After the close of the case for the prosecution, the president or judge
advocate (if any) shall explain to the accused that:—
(i) if he wishes, he may give evidence on oath as a witness or make a
statement without being sworn, but that he is not obliged to do
either;
(ii) if he gives evidence on oath, he may be liable to be cross-
examined by the prosecutor and to be questioned by the court and
the judge advocate (if any), but that, if he makes a statement
without being sworn, no one will be entitled to ask him any
questions; and
(iii) whether he gives evidence or makes a statement or remains silent,
he may call witnesses on his behalf both to the facts of the case and
to his character.
(b) After the president or judge advocate has complied with (a) of this
paragraph he shall ask the accused if he intends to give evidence on oath
or to make a statement without being sworn and if he intends to call any
witness on his behalf and, if so, whether he is a witness to fact or to
character only.
(c) If the accused intends to call a witness to the facts of the case other than
himself he may make an opening address outlining the case for the
defence before the evidence for the defence is given, (see article 112.32—
“Opening address by Accused”).
(2) After (1) of this article has been complied with the witnesses for the defence (if
any), who shall be sworn by the president or judge advocate (if any) (see article 112.23—
“Oath to be taken by witnesses”) shall be called to give their evidence.

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C.I. 12.
Art. 112.08 A.F.R.

112.08—CASE FOR THE DEFENCE—contd.

(3) During the conduct of the case for the defence:
(a) the prosecutor may cross-examine or apply for permission to postpone the
cross-examination of each witness for the defence (see article 112.33—
“Examination of witnesses”), including the accused if he has given
evidence; and
(b) the accused may—
(i) if a witness for the defence other than himself has been cross-
examined, re-examine that witness.
(ii) if he has himself been cross-examined, be re-examined by his
counsel or defending officer, or give further evidence as if he were
a witness being re-examined;
(c) the president, the judge advocate, or, with the permission of the president,
any member of the court may put further questions to a witness for the
defence either during or at the conclusion of the examination of the
witness, but should normally put any questions following the conclusion
of the re-examination of the witness; and
(d) if a witness has been questioned under (c) of this paragraph, the prosecutor
or the accused may, with the permission of the president, put to the
witness any questions relative to the answers as seem proper to the court.
(4) When the examination of all witnesses for the defence has been completed the
accused shall inform the court that the case for the defence is closed.

NOTES
(a) Where the accused elects to give evidence and to call other witnesses as to
facts, he should usually give evidence before the other witnesses; if he
does not do so the court may take the view that he has made his evidence
to accord with evidence given by the other witnesses.
(b) In certain very exceptional circumstances and only where the prosecution
do not object, courts sometimes permit an accused to put in a written
statement as to his character.
(c) A statement made by the accused not on oath may be in writing.
112.09—EVIDENCE IN REBUTTAL
When the case of the defence is closed, the prosecutor may, with the permission of the
president, call additional witnesses or recall any witnesses at any time before the closing
address of the accused, if the witness is required to give evidence in rebuttal on any new
matter raised by a witness for the defence.
112.10—CALLING AND RECALLING OF WITNESSES BY COURT
(1) The court may, during the presentation of the case for the prosecution and the
case for the defence, or at any other time before the court makes a finding:
(a) recall and question any witnesses; and
(b) call, cause to be sworn, and question any further witnesses.

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A.F.R. Art. 112.12

112.10—CALLING AND RECALLING OF WITNESSES BY COURT—contd.

(2) If, under (1) of this article, a witness has been recalled or a further witness has
been called, the prosecutor or the accused may, with the permission of the president, put
to the witness any questions relative to the answers as seem proper to the court.

112.11—CLOSING ADDRESSES
(1) After all the evidence has been given the prosecutor and the accused may each
make a closing address to the court.
(2) The accused shall be entitled to make his closing address after the closing address
by the prosecutor unless the accused has called a witness to fact other than himself in
which case the prosecutor, shall be entitled, subject to (3) and (4) of this article, to make
his closing address after the closing address by the accused.
(3) Where two or more accused are tried jointly any one of them who has called a
witness to fact other than himself shall make his closing address before the closing
address by the prosecutor and any one of them who has not called such witness shall be
entitled to make his closing address after the closing address by the prosecutor.
(4) Where two or more accused are represented by the same defending officer or
counsel he may make one closing address only. If any one of the accused for whom he
appears has called no witness to fact other than himself such defending officer or counsel
shall be entitled to make his closing address after the closing address by the prosecutor.

NOTES
(a) The closing address of the defence will be made by the accused’s
defending officer or counsel if he has one and not by the accused.
(b) (i) The closing addresses must not state as matters of fact matters
which have not been given in evidence nor may they make
reference to matters not relevant to the charge.
(ii) The fact that an accused has not made a closing address will not
debar the prosecutor from making one.
(iii) Where after the closing addresses have been given evidence is
called under article 112.10—(“Calling and Recalling of Witnesses
by Court”), the prosecution and the defence should be permitted, if
they so desire, to make further addresses on the new matter.
(c) The prosecutor must not, in his final address, comment on the fact that the
accused or his wife has not given evidence.

112.12—SUMMING UP BY JUDGE ADVOCATE

The judge advocate, if any, shall:
(a) to the extent that he has not done so under (5) of article 112.05, advise the
court upon the law relating to the case,
(b) sum up the evidence, and

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Art. 112.12 A.F.R.

112.12—SUMMING UP BY JUDGE ADVOCATE—contd.

(c) advise the court as to any special finding it may make (see article 112.42
—“special Finding”).

112.13—DELIBERATION ON, AND ANNOUNCEMENT OF, FINDING

(1) The court shall close to determine its finding (see articles 112.40—
“Determination of Finding”).
(2) The court shall re-open and
(a) if offences have been charged in the alternative and the accused has been
found guilty of one of the alternative charges announce to the accused the
finding, subject to confirmation, of guilty and direct that the proceedings
be stayed (see article 112.80—“Effect of a Stay Proceedings—Alternative
charges”) on the charge or charges alternative thereto, and
(b) in respect of all other charges, announce to the accused the finding on each
charge. Where the accused has been found guilty of one or more charges
the finding shall be announced as being subject to confirmation.
(3) The judge advocate, if any, may, if in his opinion any finding of guilty or special
finding is contrary to the law relating to the case, advise the court once more, but
not oftener, as to findings are in his opinion open to it, and the court shall then
close and re-consider its finding.
(4) While the court are deliberating on their finding on the charge no person shall be
present except the president, the members of the court and any officers under
instruction.

112.14—PROCEDURE AFTER ANNOUNCEMENT OF FINDING

(1) After the announcement of the finding:
(a) if the accused has been found not guilty of all the charges before the court,
the court shall,
(i) terminate the proceedings in respect of the accused
(ii) inform the convening authority of the outcome of the trial,
and
(iii) unless the convening authority has otherwise directed,
inform the accused’s commanding officer of the outcome;
(b) if the accused has been found guilty of any charge the trial shall proceed
on that charge and, after compliance with article 112.30 (Procedure on
Plea of Guilty), on any other charges to which a plea of guilty has been
accepted.
(2) If the finding on a charge against the accused is guilty, or the court makes a
special finding in accordance with article 112.42 the court before deliberating on
their sentence shall, whenever possible take evidence of his age, rank and service
record. Such service record shall include:
(a) any recognized acts of gallantry or distinguished conduct on the part of the
accused and any decoration to which he is entitled; and
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A.F.R. Art. 112.14

112.14—PROCEDURE AFTER ANNOUNCEMENT OF FINDING—contd.

(b) particulars of any offence of which the accused has been found guilty
during his service and which is recorded in the service books relating to
the accused and of the length of time he has been under arrest awaiting
trial or in confinement under a current sentence.
(3) Evidence of the matters referred to in (2) of this article may be given by a witness
producing to the court or written statement containing a summary of the entries in the
service books relating to the accused, after the witness has in court verified such
statement and identified the accused as the person to whom it relates. Such statement
shall be in the prescribed form (Defence Form A. 296).
(4) In addition to the evidence contained in the statement referred to in (8) of this
article it shall be the duty of the prosecutor whenever possible to call as a witness an
officer to give to the court any information in the possession of the military authorities
regarding:
(a) the accused’s family background and responsibilities and any other
circumstances which may have made him more susceptible to the
commission of he offence charged;
(b) his general conduct in the service; and
(c) particulars of offences which do not appear in the statement above referred
to of which the accused has been found guilty by a civil court and which
are of the same general nature as that of which the accused has been found
guilty by the court martial: Provided that the court shall not be informed of
any such civil offence unless the finding is proved by the production of a
certificate issued in accordance with section 96 of the Armed Forces Act
or the accused has admitted, after the purpose for which such admission is
required has been explained to him, that he has been found guilty of he
offence.
(5) The accused may cross-examine any witness who gives evidence in accordance
with (3) and (4) of this article and if the accused so requires the service books, or a duly
certified copy of the material entries therein, shall be produced, and if the contents of the
form are in no respect not in accordance with the service books of such certified copy, the
court shall cause the form to be corrected accordingly.
(6) After paragraphs (2), (3), (4) and (5) of this article have been complied with the
accused may:
(a) give evidence on oath and call witnesses in mitigation of punishment and
to his character; and
(b) address the court in mitigation of punishment.
(7) (a) The accused may request the court to take into consideration, for the
purposes of sentence, other service offences, similar in character to that of which
the accused has been found guilty (see article 112.48—“Similar Offences may be
admitted and dealt with”);

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Art. 112.14 A.F.R.

112.14—PROCEDURE AFTER ANNOUNCEMENT OF FINDING—contd.

(b) the court shall close to determine its sentence (see article 112.49—
“Method of Determining Sentence”);
(c) the court shall reopen and announce its sentence to the accused and as
being subject to confirmation;
(d) the court shall
(i) terminate the proceedings in respect of the accused,
(ii) inform the convening authority of the outcome of the trial, and
(iii) unless the convening authority has otherwise directed, inform the
accused’s commanding officer of the outcome.

NOTES
(a) (2) of this article is mandatory and it is the duty of the
prosecutor to call evidence; a court has no discretion to dispense with the hearing
of such evidence.

(b) Decoration includes campaign medals.

(c) “Any offence of which an accused has been found guilty” means any
offence of which he has been found guilty by his commanding officer or
delegated officer, a superior authority, a court martial or a civil court.

(d) Military service, for the purposes of this article, means not only service on a
current engagement but also any previous engagement.

(e) The evidence required in accordance with (3) of this article shall be given on oath
or affirmation, and the witness should normally be the adjutant or officer having
the custody of the accused’s record.

(f) The object of (4) of this article is to ensure, if possible, that before deliberating on
sentence the court shall have sufficient evidence of the general character, etc., of
he accused to enable it to pass an appropriate sentence. The information required
by this paragraph need not necessarily be given by an officer who is able to testify
to the facts from his own knowledge, but he must be able to state that the
evidence which he gives relating to the accused is the result of inquires which he
himself has made. A witness giving such information is not bound strictly by the
rules of evidence. If, however, the accused challenges the accuracy of the
information tendered, then it must be strictly proved.

(g) The address in mitigation under (6) of this article should normally be made by the
accused’s defending officer or counsel, but at the close of it the accused himself
should be asked if he wishes to say anything.

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A.F.R. Art. 112.15

112.15—QUESTIONS OF LAW WHERE JUDGE ADVOCATE APPOINTED

(1) Where a judge advocate has been appointed to officiate at a court martial, he may,
in such circumstances and subject to such conditions and procedures as are prescribed
determine questions of law arising before or after the commencement of the trial.
(2) Notwithstanding any other article in this chapter, where a judge advocate has been
appointed to act at a court martial and any of the questions of law prescribed in (9) of this
article arise, the president may direct that the issue be heard and determined by the judge
advocate either in the presence or absence of the president and members of the court.
(3) When the president directs that on issue be heard and determined by the judge
advocate in the presence of the president and members of the court, the judge advocate
shall hear the evidence and argument relating to the issue and shall give his ruling and
may give such reasons therefore as he considers desirable.
(4) When the president directs that the issue be heard and determined by the judge
advocate in the absence of the president and members of the court, the judge advocate
shall so hear the evidence and argument relating to the issue in the court room or such
other convenient place as may be decided by the president and determine the issue and
may give such reasons for his determination as he considers desirable. The trial shall then
proceed in the presence of the president and members of the court and the judge advocate
shall give his ruling.
(5) A ruling by the judge advocate under this article shall be the ruling of the court.
(6) When the judge advocate sits alone in accordance with (4) of this article, the
hearing by him of the argument and evidence relevant to the matter at issue shall form
part of the proceedings of the court and shall take place and be recorded as prescribed in
this chapter except for the absence of the president and members of the court. Anything
which is authorized in this chapter to be done by the court, the president or a member
may, subject to (7) of this article, be done by the judge advocate when sitting alone.
(7) When a judge advocate is sitting alone in accordance with (4) of this article and a
person commits an offence mentioned in section 76 of the Armed Forces Act, 1962 the
judge advocate shall report the occurrence to the president and members of the court in
open court who shall take such action as they consider appropriate.
(8) Except as provided in this article, the proceedings before the judge when sitting
alone will not be communicated to the president and members of the court until after the
court has announced its finding and sentence, if any.
(9) The following questions of law may be determined by the judge advocate under
this article:
(a) applications for adjournment on the ground that the particulars of the
charge are inadequate or are not set out with sufficient clarity (see article
112.26—“Action when Particulars Deficient”);

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Art.112.15 A.F.R

112.15—QUESTIONS OF LAW WHERE JUDGE ADVOCATE APPOINTED—

contd.
(b) pleas in bar of trial on the ground that the court have no jurisdiction (see
article 112.27-“plea in Bar of Trial”);
(c) pleas in bar of trial on the ground that a charge was previously dismissed
or that the accused was previously found guilty or not guilty of that charge
by either a service tribunal or a civilian court (see article 112.27-“plea in
Bar of Trial”);
(d) pleas in bar of trial on the ground that the charge does not disclose a
service offence (see article 112.27-“Plea in Bar of Trial”);
(e) application by the accused to be tried separately in respect of any
charge or charges (see (6) (d) of article 112.05);
(f) applications for a declaration that a witness is hostile; and
(g) all matters respecting the admissibility and exclusion of evidence, which
without limiting the generality of the foregoing, include whether—
(i) a document is admissible,
(ii) evidence of an act, declaration or incident is admissible as part of
the res gestae,
(iii) evidence of similar acts is admissible,
(iv) a communication is privileged,
(v) a statement in the nature of a confession made to a person in
authority is free and voluntary,
(vi) a dying declaration is admissible,
(vii) a witness is competent,
(viii) a witness may be compelled to give evidence, and
(ix) a witness may is privileged to refuse to answer.
(10) Nothing in this article shall prevent the examination of a witness on a statements
made by such witness in proceedings before the judge advocate when sitting
alone.

NOTES
(a) When a question of law prescribed in (9) of the article arises or appears to
the judge advocate as likely to arise, or upon a motion by the prosecutor or
accused that such a question of law be determined, the president should
normally direct that the evidence and argument relating thereto be heard
and that the question be determined by the judge advocate. Unless the
judge advocate advices that it would not be prejudicial to the accused for
the court to hear the evidence and argument on the question, the judge
advocate should be directed to hear such evidence and argument in the
absence of the president and members of the court. As such evidence and
argument must be heard in open court, except where the public is excluded

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A.F.R. Art. 112.16

112.15—QUESTIONS OF LAW WHERE JUDGE ADVOCATE APPOINTED—

contd.
pursuant to article 112.16, the president and members should withdraw
from the court room.
(b) When the judge advocate, by virtue of his powers under this article has
ruled an item of evidence admissible, his ruling is on the question of
admissibility only. The determination of the cogency, weight or probative
value of such item of evidence is entirely and exclusively a matter for
decision by the court. The prosecutor and the accused shall be given the
opportunity to present for the consideration of the court evidence relating
to the cogency, weight and probative value of such item of evidence
including all or any part of the evidence adduced before the judge
advocate when sitting alone. Moreover, when a fact of significance
touching the reliability of an item of evidence that has been admitted was
also a preliminary fact upon which its admissibility depended, the court, in
determining the main issue under the charge, is free to take a different
view of the truth or significance of this fact than did the judge advocate in
determining admissibility only.

Section 3—Admission to Courts Martial

112.16—WHO MAY BE PRESENT AT A COURT MARTIAL

(1) Subject to subsection (2) and (3), courts martial shall be public and, to the extent
that accommodation permits, the public shall be admitted to the trial.
(2) Where the authority who convenes a court martial or the president of a court
martial considers that it is expedient in the interest of public safety defence or public
morals that the public should be excluded during the whole or any part of a trial, either of
them may make an order to that effect, and any such order shall be recorded in the record
of the proceedings of the court martial.
(3) Witnesses, other than the prosecutor and the accused person and his
representative, shall not be admitted to a trial, except when under examination or by
specific leave of the president of the court martial.
(4) The president may, if he considers it desirable, on any deliberation among the
members, cause a court martial to be cleared of any other persons.
(5) If any order is made under (2) of this article the order shall specify the ground on
which it is made.

NOTES

(a) When the convening authority has directed that the public should be
excluded during the whole or any part of a trail, the president is bound by
that direction and may not depart from it.

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C.I. 12.
Art. 112.16 A.F.R.

112.16—WHO MAY BE PRESENT AT A COURT MARTIAL—contd.

(b) The president has power to decide that the public shall be excluded only
for the three reasons specific in (2) of this article, that is, in the interests of
public safety, defence of public morals. When he has given this direction,
the public remain excluded unless the president orders them to be
admitted.
(c) For the person who may be present when a court martial has been cleared
during deliberations, see article 112.60 (Exclusion of persons During
Closed Court)
(d) The term “closed court” should not be confused with a court sitting “in
camera”. A court is said to be “closed” when in accordance with article
112.60 no person, except the judge advocate in permissible cases, is
present with the members of the court and the officers under instruction
during deliberation on any matter. The courts is “in camera” when its
proceedings are not open to the public but the accused and prosecutor and
the representatives, if any, of the accused are present.

Section 4—Objections by Accused and Oaths to be Administered

112.17—OBJECTIONS TO PRESIDENT OR OTHER MEMBERS

(1) When a court martial is assembled, the names of the president and other members
shall be read over to the accused person who shall be asked if he objects to be tried by
any of them, and if he objects the court martial shall decide whether the objection shall be
allowed.

(2) The accused may object to the president or to any other member of the court for
any reasonable cause.

(3) The accused may or make produce any statement that is pertinent to the objection.

(4) When the statement, if any under (3) of this article has been received, the court
shall close to deal with the objections.

(5) No member of the court shall vote upon an objection made in respect of him.

(6) If the accused object to the president, the court shall vote on the objection first. If
the objection allowed, the court shall reopen and adjourn until a new president is
appointed by the convening authority or by the officer named by the authority to appoint
the president (see article 12.63—“death or Disability of members or other Person”).

(7) If an object, other than an objection to the president, is allowed, the member
objected to shall at once retire from the court, and the president shall designate one of the
waiting members to replaced that member. The accused shall have the right to object any
waiting member so designated.
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A.F.R. Art. 112.19

112.17—OBJECTIONS TO PRESIDENT OT OTHER MEMBERS—contd.

(8) If there are not sufficient waiting members to fill the places of members who have
retired, the court shall reopen and adjourn until further waiting members are designated
by the convening authority or by the officer named by the convening authority to appoint
waiting members.
(9) An objection under this article and the manner in which it was disposed of shall
be recorded in the record of the proceedings.
(10) When all objections have been disposed of, the court shall reopen and the
president shall inform the accused of the result of each of his objections.

NOTES

(a) The prosecutor has no right to object to any member of the court.
(b) There is no right of objection to the judge advocate or to the prosecutor or
officers under instruction.
(c) Where under article 101.09 (Joint Trials) a court martial is convened to try
persons jointly, each accused has the right to make his objections under
this article and the president or a member must retire if an objection to him
by any of the accused is allowed.

112.18—OATH TO BE TAKEN BY MEMBERS

The oath to be taken by the members of a court martial shall be in the following form:
“I swear by Almighty God that I will well and truly try the accused before this
court and that I will duly administer justice according to law, without partiality,
favour or affections; and I do further swear that I will not, at any time whatsoever,
disclose the vote or opinion of any particular member of this court martial, unless
thereunto required in due course of law”.

NOTES

For making a solemn affirmation in lieu of an oath, see article 112.25.

112.19—OATH TO BE TAKEN BY JUDGE ADVOCATE

The oath to be taken by the judge advocate shall be in the following form:
“I swear by Almighty God that I will carry out the duties of judge advocate
without partiality, favour or affection; and I do further swear that I will not, at any
time whatsoever, disclose the vote or opinion of any particular member of this
court martial, unless thereunto required in due course of law”.

NOTES

For making a solemn affirmation in lieu of an oath, see article 112.25.

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C.I. 12.
Art.112.20 A.F.R

112.20—OATH TO BE TAKEN BY SHORTHAND WRITER

The oath to be taken by a shorthand writer shall be in following form:
“I swear by Almighty God that I will, to the best of my ability, truly record the
evidence to be given before this court martial and such other matters as may be
required, and will deliver to the court a true transcript of the same”.

NOTES

For making a solemn affirmation in lieu of an oath, see article 112.25.

112.21—OBJECTION TO INTERPRETER
(1) If there is an interpreter, the accused may object to him on the ground of partiality
or incompetence.
(2) The accused may make or produce any statement that is pertinent to the objection.
(3) When the Statement, if any, under (2) of this article has been received, to the
court shall close to deal with the objection.
(4) If an objection to an interpreter is allowed, the court may appoint another
interpreter. The accused shall have the right to be object to a new interpreter so
appointed.
(5) When the objection has been disposed of, the court shall reopen and inform the
accused of the result of his objection.

112.22—OATH TO BE TAKEN BY INTERPRETER

The oath to be taken by an interpreter shall be in the following form:
“I swear by Almighty God that I will, to the best of my ability, truly
interpret and translate as I shall be required to do”

NOTES

For making a solemn affirmation in lieu of an oath, see article 112.25.

112.23—OATH TO BE TAKEN BY WITNESSES

A witness before commencing to give evidence shall take an oath in the following form:
“I swear by Almighty God that the evidence I shall give shall be the truth,
the Whole truth, and nothing but the truth”.

NOTES

For making a solemn affirmation in lieu of an oath, see article 112.25.

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 C.I. 12.
A.F.R. Art. 112.26

11.24—OATH TO BE TAKEN BY OFFICER UNDER INSTRUCTION

The oath to be taken by an officer under instruction shall be in the following form:
“I swear by Almighty God that I will not, at any time whatsoever, disclose the
vote or opinion of any particular member of this court martial unless thereunto
required in due course of law”.

NOTES
For making a solemn affirmation in lieu of an oath, see article 112.25.

112.25—AFFIRMATION IN LIEU OF OATH

(1) If a person to whom an oath is required to be administered
(a) objects to taking the oath and the president of the court martial is satisfied
the sincerity of the objection; or
(b) is objected to as incompetent to take the oath and the president of the court
martial is satisfied that the oath would have no binding effect on the
conscience of that person,
the president shall require that person, instead of being sworn, to make a solemn
affirmation in the form prescribed and, for the purposes of these Regulations, a solemn
affirmation shall be deemed to be an oath.
(2) The form of a solemn affirmation shall be as prescribed for the appropriate oath,
but the words
“I solemnly, sincerely and faithfully affirm” shall be substituted for the
words “I swear by Almighty God”.

112.26—ACTION WHEN PARTICULARS DEFICIENT

If the accused applies for an adjournment on the ground that the particular of a charge are
set out in such fashion or are so deficient that the accused cannot properly prepare his
defence, the court shall consider his application on its merits. If the court decides that the
application is well founded, it shall report its opinion to the convening authority and
adjourn, and the convening authority may:
(a) dismiss the charge; or
(b) amend the particulars and order the trial to proceed on the amended charge
after due notice to the accused; or
(c) dissolve the court martial; or
(d) direct the court to proceed with the remaining charges, if any, and convene
a new court to try the accused on the charge with such amendments as
may be directed.

NOTES
(a) When the convening authority amends the charge sheet under this article
the amended charge sheet should be served upon the accused at least
twenty-four hours before his trial is recommended.

193
C.I. 12
Art. 112.26 A.F.R.

112.26—ACTION WHEN PARTICULARS DEFICIENT—contd.

(b) When the convening authority dissolves a court martial under this article
he may convene another court martial to try the accused on the charge,
with such amendments as may be required and directed, and any other
charges on which a direction for trial has been made.

Section 5—Plea in Bar of Trial and Pleas to Charge

112.27—PLEA IN BAR OF TRIAL

(1) An accused may plead in bar of trial that,
(a) the court has no jurisdiction; or
(b) the charge was previously dismissed, or that he was previously found
guilty or not guilty of that charge by either a service tribunal or a civilian
court (see article 102.17—“Previously Acquittal or conviction”); or
(c) he is unfit to stand trial by reason of insanity (see article 112.64—
“decision when Accused Insane at Trial” and article 102.18—“Accused
insane at Trial”); or
(d) the charge does not disclose a service offence.

(2) The accused may make any statement that is pertinent to his plea in bar of trial,
and witness may be called:
(a) by the accused, to support his plea;
(b) by the prosecutor, in rebuttal of the plea; and
(c) by the court , if it desires to hear any further evidence.

(3) When any witnesses under (2) of t his article have been heard, addresses may be
made to the court first by the accused and then by the prosecutor, and the accused shall
have the right to make an address in reply to any address made by the prosecutor

(4) When the evidence, if any, has been heard the court shall close to deal with the
plea in bar of trial.

(5) If a plea in bar of trial has been made, the plea and the manner in which the plea
was disposed of shall be recorded in the record of the proceedings.

(6) When the plea has been disposed of, the court shall reopen and inform the
accused of the results of his plea in bar of trial.

(7) When a plea in bar of trial has been allowed, the court shall:
(a) if the plea has been allowed to all charges, terminate the proceedings and
report to the convening authority; or
(b) if the plea has not been allowed to all charges:
(i) terminate to the proceeding on the charge to which a plea has been
allowed;
194
 C.I. 12.
A.F.R. Art. 112.28

112.27—PLEA IN BAR OF TRIAL—contd.

(ii) proceed with the trial of the charge to which the plea has not been
allowed; and
(iii) report at the conclusion of the trial to the convening authority as to the
charges in respect of which the plea has been allowed.

NOTES

(a) A plea that the court lacks jurisdiction must be made on one or more specific
grounds, for example;
(i) that the court is not properly constituted having regard to the ranks of the
members, or that it does not consist of the required number of officers, or
(ii) that the accused is not a person liable to trial by the court, or
(iii) that the alleged offence was committed so long before the commencement
of the trial that a court martial no longer has jurisdiction.
(b) Any witnesses called under this article are subject to cross-examination and re-
examination.

112.28—ACCEPTANCE OF PLEA OF GUILTY

(1) When the accused would be liable, if convicted of a charge, to be sentenced to
death, the court shall not accept a plea of guilty to that charge, but shall record a
plea of not guilty.

(2) When there are alternative charges:

(a) a plea of guilty shall not be accepted to more than one of, those charges:
and
(b) if one charge is more serious than the other, and the accused has pleaded
not guilty to the more serious charge, the prosecutor shall inform the court
as to whether the convening authority concurs in the acceptance of plea of
guilty to the less serious charge, and if the convening authority so concurs
the court may accept a plea of guilty to the less serious charge.

(3) Subject to (1) and (2) of this article, if the accused pleads guilty to any charge, the
judge advocate, or, if there is not judge advocate, the president, shall:
(a) explain to the accused the offence to which he has pleaded guilty and
inform him of the maximum punishment that the court can impose;
(b) ask the accused whether the statement of particulars in respect of the
offence to which he has pleaded guilty is accurate; and
(c) explain the difference in the procedure to be followed if the plea is
accepted.

195
C.I. 12.
Art. 112.28 A.F.R.

112.28—ACCEPTANCE OF PLEA OF GUILTY—contd.

(4) If the accused pleads guilty:
(a) not to the offence charged but to a related or less serious offence
prescribed in section 56 of the Armed Forces Act, 1962 (see article
103.49—“Conviction for Related or Less Serious Offence”); or
(b) to the offence charged or to a related or less serious offence but on facts
which differ materially from the facts alleged in the statement of
particulars in the charge sheet but one nevertheless sufficient to establish
the offence to which he has pleaded guilty,
the prosecutor shall inform the court as to whether the convening authority concurs in the
acceptance of the plea of guilty as made, and if the convening authority so concurs, the
court may accept the plea of guilty and record it accordingly.
(5) If, after (3) of this article has been complied with, it appears to the court that:
(a) the accused did not understand the nature or gravity of the charge to which
he pleaded guilty; or
(b) that the statement of particulars in the charge sheet is in some material
respect disputed by the accused; or
(c) for any other reason the interest of justice make it expedient that a plea of
guilty should not be accepted,
the court shall not accept the plea of guilty but shall record a plea of not guilty. In any
other case the court may, subject to (1) and (2) of this article, accept and record a plea of
guilty.
(6) Where under (2) (b) and (4) of this article, the convening authority does not
concur in the acceptance of plea of guilty to the related or less serious charge or offence,
the trial shall proceed as if the accused had pleaded not guilty to that charge or offence in
the first instance.

112.29—CHANGE OF PLEA DURING TRIAL

(1) When the court has, under article 112.28, accepted a plea of guilty, it shall, at any
time during trial, if it considers the interest of justice so require, direct that a plea of
guilty be altered to a plea of not guilty and proceed as if a plea not guilty had originally
been entered.
(2) The accused may, at any time during trial before the court has closed to consider
its finding, request the permission of the court to alter a plea of not guilty to a plea of
guilty. If he does so, the court shall comply with the provision of article 112.28.

112.30—PROCEDURE ON PLEA OF GUILTY

(1) When a plea of guilty is accept, the prosecutor shall, in respect of the charge to
which that plea has been accepted, inform the court of the circumstances in which the
offence was committed.
(2) After (1) of this article has been complied with, the procedure shall be as
prescribed in (2) to (7) of article 112.14.

196
 C.I. 12.
A.F.R. Art. 112.31

112.30—PROCEDURE ON PLEA OF GUILTY—contd.

(3) After the court has recorded a finding of guilty in respect of a charge to which an
accused pleaded guilty, the prosecutor shall read the summary or abstract of evidence, or
extracts there from relating to the charge(s) on which the accused has pleaded guilty, or
inform the court of the facts contained therein, provided that if an expurgated copy of the
summary or abstract of evidence was sent to the president, the prosecutor shall not read to
the court those parts of the summary or abstract which have been expurgated or inform
the court of the facts contained in those parts, and shall not hand the original summary or
abstract to the court until the trial has been concluded.

(4) If, in the opinion of the court, the summary or abstract of evidence is inadequate
or incomplete, the court shall hear and record sufficient evidence enable them to
determine the sentence.
NOTES
(a) When informing the court under this article the prosecutor must allude
only to those matters which give the court material facts relating to the
commission of the offence and which show the nature gravity of the
offence and factors affecting mitigation or aggravation. He must be careful
to state only facts which could be proved.
(b) After the prosecutor has concluded his statement, the accused should be
asked if there are any particular passages in the summary or abstract which
he wishes to have read.
(c) The summary or abstract of evidence, together with any additional
statements under article 111.64, shall be handed in to the court and made
exhibits. Where portions of the summary or abstract have been
expurgated, both the original summary or abstract and the expurgated
copy shall be made exhibits and annexed to the record of proceedings .
the president should attach to the record a certificate that the original
summary or abstract was not produced until after the trial had been
concluded.
(d) Care must be taken to ensure that the facts submitted in mitigation are not
inconsistent with the plea of guilty. For example, if an accused has
pleaded guilty to stealing it would be inconsistent with this plea for his
defending officer to state in mitigating that the accused always intended to
return the article in question.
Section 6—Opening Address and Evidence of Witnesses

112.31—OPENING ADDRESS BY PROSECUTOR

(1) An opening address by the prosecutor may be oral or in writing. An opening
address:
(a) shall not contain any assertion that the prosecutor does not intend to
substantiate the charge by evidence;
(b) should not be unnecessarily detailed; and

197
C.I. 12
Art. 112.31 A.F.R.

112.31—OPENING ADDRESS BY PROSECUTOR—contd.

(c) should contained a brief statement of the substance of the charge, the
circumstances in which it is alleged the offence was committed, and the
nature and general effect of the evidence that it is proposed to call in
support of the charge.
(2) If the address is in writing, three copies shall be handed to the court, and a copy
shall at the same time be furnished to the accused.

112.32—OPENING ADDRESS BY ACCUSED

(1) An opening address by the accused may be oral or in writing. An opening
address:
(a) shall not contain any assertion that the accused does not intend to
substantiate his defence by evidence;
(b) should not be unnecessary detailed; and
(c) should contain a brief statement of the nature and general effect of the
evidence that the accused proposes to call in his defence.
(2) If the address is in writing, three copies shall be handed to the court, and a copy
shall at the same time be furnished to the prosecutor.
112.33—EXAMINATION OF WITNESSES
(1) Subject to (2) of this article, a witness shall forthwith reply to each question put to
him.
(2) When a question is objected to on the ground of substance or of form, or the
witness claims privilege, the witness:
(a) shall not answer the question until the decision of the court as to the
objection or claim has been announced; and
(b) after the announcement of the decision of the court shall answer the
question unless the objection or the claim has been allowed.
(3) If, while the witness is under examination, a discussion arises as to the allowance
of a question put to him or otherwise as to his evidence, the president may direct the
witness to withdraw until the discussion is concluded.
(4) If any question to a witness is disallowed the prosecutor and the accused shall
refrain from further examination on comment or the matter.
NOTES
(a) For other rules relating to the examination of witnesses, see the Rules of
evidence (see Appendix 1 to volume 2).
(b) Failure to answer questions when required to do so is an offence under
section 76 of the Armed Force Act, 1962.
(c) If the president so desires he may, unless he has directed the judge
advocate under article 12.15 to determine the issue, close the court during
any discussion among the members as to the allowance of a question to be
put to a witness, (see article 112.60—“Exclusion of Person During closed
Court”).
112.34 TO 112.39—INCLUSIVE NOT ALLOCATED
198
 C.I. 12.
A.F.R. Art. 112.40
Section 7—Findings

112.40—DETERMINATION OF FINDING
(1) The finding of court martial shall be determined by the vote of a majority of the
members.
(2) In the case of an equality of vote on the finding, the accused shall be found not
guilty.
(3) Where the only punishment that a court martial can impose for an offence is
death, a finding of guilty shall not be made except with the concurrence of all the
members, and where there is no such concurrence and no finding is made, the president
of the court martial shall so report to the convening authority.
(4) The members of the court shall vote orally in succession, beginning with the
junior in rank.
(5) If at any time during the determination of the finding the court is in doubt whether
the facts proved are sufficient in law to constitute the offence with which the accused is
charged or a related or less serious offence prescribed in section 56 of the Armed Forces
Act. 1962 (see article 103.49-“Conviction for Related or less Serious Offences”), it may,
before recording a finding on that charge reopen the court and:
(a) Require the judge advocate to give his opinion, stating the facts that it
finds to be proved; or
(b) If there is no judge advocate, adjourn the court and refer to the convening
authority for an opinion, stating the facts that it finds to be proved.
(6) At any time during the determination of the finding the court may reopen and:
(a) either,
(i) require the judge advocate to give further advice upon the law
applicable, or
(ii) if there is no judge advocate, adjourn the court for the purpose of
seeking advice;
(b) direct any portion of the recorded evidence to be read aloud; and
(c) recall and question any witnesses and call, cause to be sworn and question
any further witnesses.

NOTES
(a) A judge advocate shall not be present during determination of findings
(see article 112.60—“exclusion of persons during closed court”).
(b) The power given under (6) (c) of this article should be exercised in
exceptional circumstances only, e.g. where it appears for the first time
from the evidence given at the trial that a person, who has not been called
either by the prosecutor or on behalf of the defence, was present at, and
probably witnessed, the occurrence which forms the subject of the charge.
Witnesses should be not be called or recalled under (6) (c) of this article in
order to cure an oversight on the part of the prosecution.

199
C.I. 12.
Art. 112.40 A.F.R.

112.40—DETERMINATION OF FINDING—-contd.
(c) If witnesses are called or recalled under this provision, the prosecutors and
the accused should be invited to put or suggest any relevant questions
which in their opinion should be put by the court. If new evidence is given
after the closing address by or on behalf of the accused, the court should
permit the accused or his representative to make a further address upon the
new matter which has been elicited.
(d) The president should explain to any officer detailed for the purposes of
instruction, the procedure which the court must follow in determining its
finding.

112.41—DIRECTIONS RESPECTING FINDINGS

(1) On each charge the court shall, subject to (3) of this article, find the accused not
guilty, unless it concludes that the accused committed:
(a) The offence charge; or
(b) A related or less serious offence prescribed in section 56 of the Armed
Forces Act, 1962 (see article 103.49—“Conviction for Related or Less
Serious offences”); either on the particulars as charged, or on the
particulars as varied under article 112.42.
(2) Except as prescribed in this article, and except when a special finding is made
under article 112.42, the finding on each charge shall be guilty or not guilty without the
addition of further words.
(3) If the court finds the accused guilty on a charge, it shall direct that proceedings be
stayed (see article 112.80—“Effect of a stay of proceedings—Alternative
Charges”) on any charge alternative to it.

NOTES
(a) When there are four offences charged and no charges are in the
alternative, a finding might, for example, be in one of the following forms:
“The court finds the accused not guilty on the first charge and guilty on
the second to fourth charges inclusive”; or
“The court finds the accused not guilty on all charges”; or
“The court finds the accused guilty on all the charges”; or
“The court finds the accused guilty on the first and third charges and not
guilty on the second and forth charges”.

(b) The following example will serve to show the possible findings on
alternative charges. The charges may be assumed to have been: First
(Alternative) to (second charge)—A charge under section 31 of the Armed
Forces Act, 1962 of ill treating a subordinate.

200
 C.I. 12.
A.F.R. Art. 112.42

112.41—DIRECTIONS RESPECTING FINDINGS—contd.

Second (Alternative to First Charge) A charge under section 54 of
conduct prejudicial to good order and discipline. The findings on these
charges might be in any one of the following forms:
“The court finds the accused not guilty in both charges”; or
“The court finds the accused guilty on the first charge and directs
that the proceedings on the second charge be stayed”; or
“The court directs that proceedings be stayed on the first charge
and finds the accused guilty on the second charge”.

(c) If the accused were charged with an offence under section 52 of the Armed Forces
Act, 1962 of stealing N¢200.00 and the court concluded that he had stolen
N¢100.00 only, the form of special finding (see article 112.42) applicable could
be:
“The court finds the accused guilty on the charge except that he stole
N¢100.00 and not N¢200.00.
(d) An example of the finding of guilty on a related or less serious offence is as
follows:
The accused is charged first under section 27 of the Armed Forces
Act, 1962 with desertion and secondly under section 24 with using
threatening language towards a superior officer. The finding of the court
might be:
“The court finds the accused guilty of absence without leave on the
first charge, and guilty of behaving with contempt toward a superior
officer on the second charge”.
(e) When evidence has been given that the accused was insane at the time the offence
is alleged to have been committed (see article 112.43), the form of finding might
be:
“The court finds the accused guilty of the offence charged but that he was
insane at the time when he committed the offence”.

112.42—SPECIAL FINDINGS
(1) When the court concludes that:
(a) while the facts proved differ materially from the facts alleged in the
statement of particulars in the charge sheet, they are nevertheless
sufficient to establish the commission of the offence stated in the charge
sheet; and
(b) the difference between the facts proved and the facts alleged in the
statement of particulars had not prejudiced the accused in his defence,
the court may, instead of making a finding of not guilty, make a special
finding of guilty in which is stated the exceptions or variations from the
facts alleged in the statement of particulars.

201
C.I. 12
Art. 112.42 A.F.R.

112.42—SPECIAL FINDINGS—contd.
(2) If the accused has been found guilty, not of the offence with which he was
charged but of a related or less serious offence (see article 103.49—“Conviction for
Related or Less Serious Offence”), the finding on that charge shall include a statement of
the offence of which he has been found guilty.
(3) Where evidence is given at a court martial that a person charge with a service
offence was insane at the time of the commission of that offence, the court martial, if it
finds that person guilty of the offence, shall make a special finding to the effect that the
accused was guilty of the offence charge but was insane when he committed the offence.

NOTES
(a) For the form of findings under this article see Notes to article 112.41.
(b) Although article 112.12 prescribes that the judge advocate shall advise the
court as to any special finding which it may make, it does not mean that
the judge advocate must advice the court as to all included offences or
special findings but only those which, having regard to the evidence, the
interests of justice require to be considered.

112.43—DISPOSAL OF ACCUSED FOUND TO BE INSANE WHEN OFFENCE

COMMITTED
(1) Where evidence is given at a court martial that a person charged with a service
offence was insane at the time of the commission of that offence, the court martial, if it
finds that person guilty of the offence, shall make a special findings to the effect that the
accused was guilty of the offence charge but was insane when he committed the offence.

(2) Where a court martial held in Ghana makes a special finding under (1) of this
article that an accused person was guilty but insane, it shall order that person to be kept in
strict custody and he shall be kept in custody until the pleasure of the President of the
Republic is known and the President may make an order for the safe custody of such
person, as if the same finding had been made in respect of him by a civil court.

(3) Where a court martial held out of Ghana makes a special finding under (1) of this
article that an accused person was guilty but insane, it shall order that person to be kept in
strict custody and he shall be transferred, as soon as conveniently may be, to Ghana
where he shall be kept in custody until the pleasure of the President of the Republic is
known and the President may make an order for the safe custody of such person, as if the
same finding had been made in respect of him by a civil court.

(4) When a court martial makes a special finding under (1) of this article, the
President of the court shall notify the convening authority.

(5) When a convening authority is notified under (4) of this article, he shall :
(a) notify the Chief of Defence Staff; and

202
 C.I. 12.
A.F.R. Art. 112.49

112.43—DISPOSAL OF ACCUSED FOUND TO BE INSANE WHEN OFFENCE

COMMITTED—contd.
(b) ensure that the accused is kept in strict custody until direction is received
from the Minister as to the disposal of the accused.

NOTES
For the form of findings under this article, see Notes to article 112.41.

112.44 TO 112.46—INCLUSIVE: NOT ALLOCATED

Section 8—Procedure After Finding of Guilty

112.47—ADDRESS AS TO PUNISHMENT
(1) If in the opinion of the court anything stated in the accused’s address in mitigation
of punishment requires to be proved, and would, if proved, affect the severity of the
punishment, the court may require the accused to call witnesses in substantiation.
(2) A witness called under (1) of this article shall be subject cross-examination, re-
examination, and questioning by the court.

112.48—SIMILAR OFFENCES MAY BE ADMITTED AND DEALT WITH

(1) A court martial may at the require of the offender and in its discretion take into
consideration, for the purposes of sentence, other service offences similar in character to
that of a which the offender has been found guilty, that are admitted by him as if he had
been charged with, tried on and found guilty of such offences; but the sentence of the
court martial shall not include any punishment higher in the scale of punishment than the
punishment that might be imposed in respect of any offence of which the offender has
been found guilty.
(2) The court shall enter in the record of the proceedings whether it has acceded to or
rejected a request made under (1) of this article.

NOTES
The purpose of this provision is to enable an offender to ensure that when he has served
his sentence he will not then be liable to further proceedings for the same type of offence.
An example of the operation of this section would occur where an accused is found guilty
on a charge of stealing an article from a comrade. Upon being found guilty he might
confess that he has stolen other articles from other comrades and request the court, in
awarding its sentence to take his admission into consideration.

112.49—METHOD OF DETERMINING SENTENCE

(1) The sentence of a court martial shall be determined by vote of a majority of the
members.
(2) In the case of an equality of votes on the sentence the president of the court
martial shall have a second or casting vote.
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C.I. 12
Art. 112.49 A.F.R

112.49—METHOD OF DETERMINING SENTENCE—contd.

(3) Where the imposition of a punishment of death is not mandatory, the punishment
of death shall not be imposed without the concurrence of all the members of the court
martial.
(4) The members of the court shall vote orally in succession, beginning with the
junior in rank.

NOTES
(a) The judge advocate is present when the court closes to consider its
sentence to advice the court as to the legality of the sentence it has decided
to pass and to guide the court as to the form in which that sentence is to be
expressed. The judge advocate must not comment as to the degree of
severity of the sentence.
(b) Where the only punishment that a court martial can impose for an offence
is death the finding is governed by article 112.40 (Determination of
Finding) and if the accused is found guilty the court has no alternative but
to impose that sentence.

112.50—DIRECTION AS TO SENTENCE
(1) Only one sentence shall be passed on an offender at a trial under the Code of
Service Discipline and, when the offender is convicted of more than one offence, the
sentence shall be good if any one of the offence would have justified it.
(2) The court shall, in determining the severity of punishment:
(a) Take into consideration any indirect consequence of the finding or of the
punishment;
(b) Impose a punishment commensurate with the gravity of he offence and the
previous character of the offender.

NOTES
(a) For the punishment which may be awarded by a service tribunal see
Chapter 104.
(b) In determining the severity of punishment necessary for the prevention of
other similar offence, the court should consider whether offence of this
nature are unusually prevalent. An offence which is usually prevalent may
require more severe punishment than one that is rare.
(c) The consequences of punishment may include such general consequences
as delayed promotion and an adverse effect upon the subsequent service
career of the offender. In addition there are certain specific consequences
following conviction for certain offences.
(d) If there is more than one offender, and one of those offenders is materially
senior in rank, the senior should, as a rule, be more severely punished than
his juniors. Similarly, the instigator of an offence should receive a more
sever sentence than the person who was prevailed upon to commit it.

204
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A.F.R. Art. 112.51

112.50—DIRECTION AS TO SENTENCE—contd.
(e) The court should particularly consider whether the offences of which the
accused has been found guilty were committed with or without
premeditation and with or without provocation. For example, a theft
committed after prolonged preparation deserves more severe punishment
than when committed on the spur of the moment; and a court would be
justified in awarding a more lenient sentence to a man who had been
provoked into striking his superior officer than to one who had struck his
superior officer without provocation.

(f) The court must not presume that the convening authority, in sending the
case for trial, took a more serious view of the facts than the court takes.

(g) The court may properly consider in determining its sentence the amount of
time the accused has spent in custody awaiting trial. The court should
remember, however, that the accused does not forfeit pay for any period in
service custody prior to conviction.

(h) The general form of sentence will be

“The court sentences the accused to…………”

(i) For the limitation sentence where an accused has previously been
convicted and a new trial on that charge held pursuant to section 84 of the
Armed Forces Act, 1962 see article 117.07 (Limitations on Sentence at
New Trial).

(j) When a person is already under an unexpired sentence which has been
suspended see article 104.15.

112.51—RECOMMENDATION TO CLEMENCY
(1) Where a court martial has found a person guilty of an offence, prescribed in
section 14, 15, 16 or 17 of he Armed Forces Act, 1962 for which the punishment of death
is mandatory, or in section 32 (1) for which the punishment of dismissal with or without
disgrace from the Armed Forces is mandatory, or an offence to which paragraph (a)
subsection (2) of section 77 applies, the court martial may recommend clemency and the
recommendation shall be attached to and form part of the record of the proceedings of the
trail.
NOTES
The provisions of this article are only operative when a mandatory punishment is
provided for the offence of which the accused has been found guilty. When there is no
mandatory punishment, the court is obliged to impose punishment commensurate with
the gravity of the offence and the previous character of the offender, and therefore cannot
properly recommend clemency.
205
C.I. 12.
Art. 112.52 A.F.R.

Section 9—Responsibility of Court, Judge Advocate Prosecutor and Accused

112.52—GENERAL RESPONSIBILITY OF THE COURT DURING TRIAL

(1) The president of a court martial shall:
(a) ensure that the trial is conducted in an orderly manner and with the dignity
befitting a court of justice;
(b) be responsible for the proper performance of the duties of the court during
the trial; and
(c) ensure that an officer under instruction does not express an opinion to the
court on any matter relating to the trial before the court have come to their
findings, nor on sentence before the court have decided upon the sentence;
(d) if there is no judge advocate, be responsible for the compilation and
completion of the record of proceedings of the court and the custody of
exhibits.
(2) The court shall ensure that an accused who is not represented by counsel or
defending officer does not in consequence of that fact suffer any undue disadvantage.
(3) Except as provided in article 112.15 (Questions of Law where Judge advocate
appointed), the court shall be guided by the opinion of the judge advocate upon all
matters of law and procedure, and shall not disregard his opinion except for very weighty
reasons.
NOTES
(a) Responsibility for all rulings and decisions made in the court of the trial
rests with the court.
(b) The court must consider the grave consequences that may result from its
disregarded of the advice of the judge advocate on any legal matter.
(c) The court, in following the opinion of the judge advocate on a legal
matter, may record that it has decided in consequences of that opinion.
(d) For the court’s authority to order restitution of property, see (1) of article
101.05 (Restitution of Property and Return of Exhibits).
(e) An officer under instruction may write down his opinion during the trial
provided it is not seen by or discussed with the court until after a decision
has been arrived at.
(f) With regard to 1 (d) of this article, the president is always responsible for
recording the finding, as the judge advocate is not present, when the
finding is made.

112.53—GENERAL RESPONSIBILITIES OF JUDGE ADVOCATE

(1) The judge advocate shall at all times maintain an impartial position.
(2) Prior to during the trial by court martial, the judge advocate shall:
(a) advice the convening authority or the court of any informality or defect in
the charge or in the constitution of the court;

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A.F.R. Art. 112.55

112.53—GENERAL RESPONSIBILITIES OF JUDGE ADVOCATE—contd.

(b) if the prosecutor or accused asks his opinion on any question of law or
procedure relative to the charge or trial, give that opinion:
(i) Out of court, or
(ii) With the permission of the president, in court;
(c) advise the court of any informality or irregularity in the proceedings or on
any other matter before the court; and
(d) equally with the president, take care that the accused does not suffer any
disadvantage in consequence of his position as such or of his ignorance or
incapacity to examine or cross-examine witness or to make his own
evidence clear or intelligible, and the judge advocate may for that purpose
advise the court that witnesses should be called or recalled to be
questioned by the court on an any matter that appear necessary or
desirable to elicit the truth.
(3) Any information or advice given to the court by the judge advocate shall, if he or
the court desires it, be entered in the record of he proceedings.
(4) The judge advocate shall be responsible for the compilation and completion of the
record of proceedings of the court and the custody of exhibits.

112.54—RESPONSIBILITY OF PROSECUTOR
(1) The prosecutor shall:
(a) to the best of his ability, assist the court in the performance of its duties;
and
(b) ensure that no material fact in favour of the accused is suppressed.
(2) The prosecutor shall not:
(a) Refer to any matter which is not relevant to proceedings before the court ;
(b) Use any undue violence of language or exhibit a lack of fairness towards
the accused; or
(c) Direct the attention of the court to the fact that the accused has not given
evidence.

112.55—SCOPE OF DEFENCE
The court shall allow the accused to make full answer and defence.

NOTES
(a) The right to make full answer and defence includes the right to plead any
justification, excuse or defence recognized by either military or civil law
(see articles 103.03—“Civil Defence Available to Accused” and 103.04—
“Insanity as a Defence”)
(b) An accused has the right to a fair trial and should be allowed latitude in
making his defence particularly when he is not represented by a defending

207
C.I.12.
Art. 112.55 A.F.R.

112.55—SCOPE OF DEFENCE—contd.
officer or defence counsel. While the defence is bound by the normal
rules of evidence, the court should not interpret these so strictly as to
prejudice the accused’s right to make a full and complete defence. This
should not, however, be regarded as conferring o the accused the right of
insisting on the reception by the court of clearly irrelevant evidence or
evidence having no probative value.

(c) The determination of relevancy to the defence may be difficult but the
court should not normally refuse to hear evidence tendered for the defence
unless it is clearly irrelevant to any defence available to the accused. If in
serious doubt it may ask the accused to indicate or explain the relevancy to
the facts in issue of the evidence that he has adduced or proposes to
adduce.

112.56—RESPONSIBILITIES OF COUNSEL
(1) Any conduct of counsel before a court martial that would be liable to censure or
be contempt of court if it took place before a civil court in the place where the court
martial is held is likewise liable to censure or is contempt of court in the case of a court
martial; and the regulations governing the procedure of courts martial are binding upon
counsel appearing before courts martial, and wilful disobedience of those regulations
shall, if preserved in, be deemed to be contempt of court.
(2) Counsel shall treat the court and judge advocate with due respect.

Section 10—Procedure Generally

112.57—AMENDMENT OF CHARGE SHEET AND CONVENING ORDER

(1) Where at any time during a trial by court martial, it appears to the president that
there is a technical defect in a charge that does not affect the substance of the charge, the
president, if he is of the opinion that the accused person will no be prejudiced in the
conduct of his defence by an amendment, shall make such an order for the amendment of
he charge as he considers necessary to meet the circumstances of the case and the
accused should be called upon to plead to the charge so amended.
(2) Where an amendment to the charge has been made, the president of the court
martial shall, if the accused person so requests, adjourn the court martial for such period
as the president considers necessary to enable the accused person to meet the charge so
amended.
(3) Where a charge is amended, an entry of the amendment shall be endorsed upon
the charge sheet and signed by the president of the court martial; and the charge sheet so
amended shall be treated for the purposes of the trial and all proceedings in connection
therewith as being the original charge sheet.

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A.F.R Art. 112.59

112.57—AMENDMENT OF CHARGE SHEET AND CONVENING ORDER—

contd.
(4) At any time during a trial if it appears to the court that there is in the charge sheet
or convening order a mistake:
(a) in the name or description of the accused or person named in the
convening order; or
(b) which is attributable to a clerical error or omission;
the court may amend the charge sheet or convening order to correct the mistake. In the
case of the former, the accused shall be called upon to plead to the charges so amended.

112.58—PROCEDURE ON INCIDENTAL QUESTIONS

(1) Subject to articles 112.15 (Questions of law Where judge Advocate Appointed),
112.40 (Determination of Finding), and 112.49 (Method of Determining Sentence), the
decision of a court martial on any matter or question shall be determined by the vote of
the majority of the members and if there is an equality of votes the president of the court
martial shall, except upon determination of the finding, have a second or casting vote.
(2) Subject to article 112.15 (Questions of Law Where Judge Advocate Appointed),
in all matters except the determination of the finding and determination of the sentence
the president shall announce the decision of the court, and unless a member requires a
formal vote, any decision so announced shall be deemed to be a decision of the majority
of the court. If a formal vote is required, the members shall vote orally in succession
beginning with the junior in rank.
(3) If any objection on any matter of law, evidence or procedure is raised by the
prosecutor or by the accused during the trial, the accused or the prosecutor respectively
shall have the right to answer the objection, and the person raising the objection shall
have the right to reply.

112.59—TRIAL WITHIN A TRAIL

(1) The issue of the admissibility of an alleged confession made to a person in
authority shall be determined at a trail within a trial which shall be ordered by the
president who may direct the judge advocate to hear and determine the issue under article
112.15.
(2) Subject to (3) of this article, the procedure for a trial within a trial under this
article shall be
(a) The witness for the prosecutor shall be called in such order as the
prosecutor sees fit and after being sworn shall be examined by the prosecutor,
cross-examined by the accused, re-examined by the prosecutor, and questioned by
the court.
(b) After the witnesses for the prosecutor have been heard such witnesses
(including the accused) as the defence wishes, shall be called and shall after being
sworn be examined by the accused, cross-examined by the prosecutor, re-
examined by the accused, and questioned by the court.

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Art. 112.59 A.F.R

112.59—TRIAL WITHIN A TRAIL—contd.

(c) after the evidence has been heard
(i) the prosecutor shall make a closing address, and
(ii) the accused, if he so desires, may make a closing address; and
(d) the court shall consider and announce its decision:
(3) The court may at any time before announcing its decision:
(a) recall and question any witnesses; and
(b) call, cause to be sworn, and question any further witness, but in the event
that such witnesses are called or re-called after the closing address, the
prosecutor and accused shall be given an opportunity of making a further
closing address in respect of the evidence adduced.

112.60—EXCLUSION OF PERSONS DURING CLOSED COURT

(1) Subject to (2) of this article when the court has closed for any reason, the judge
advocate, if any, and officers under instruction, if any but no other person shall be present
with the members of the court.
(2) A judge advocate shall not be present during the time the court is closed to make
it finding.
(3) If, while the court is closed, it desires to adjourn it shall reopen before doing so.

NOTES
When the court closes it may do so either by retiring or by causing the place where it sits
to be cleared of all persons not entitled to be present.

112.61—ADJOURNMENT OF COURT
(1) A court martial may be adjourned whenever the president considers adjournment
desirable.
(2) When the court adjourns, the president shall when practical set a date and time at
which it will reassemble.
NOTES
(a) The president should adjourn the court if the accused would otherwise be
required to make his defence at the close of a prolonged sitting.
(b) The president should normally adjourn the court over Sundays and
holidays observed by the Armed Forces unless the exigencies of the
service require it to sit.
(c) The court should adjourn where the accused requests an adjournment upon
the prosecutor calling a witness of whom the accused has not been
forewarned.
(d) When practical, the court should normally sit on successive days,
excluding Sundays and Holidays, until trial is concluded.
(e) Subject to the exigencies of the service, a court should normally sit
between 0900 and 1700 hours.

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A.F.R Art. 112.63

112.62—VIEW BY COURT MARTIAL

(1) A court martial may, where the president considers it necessary, view any place,
thing or person.
(2) Any proceedings during a view shall, subject to article 112.16 (who may be
present at a Court Martial), be in open court.

NOTES
(a) Where a court considers it necessary to view any place, thing or person it
may do so at any time before the finding, but there must be present at such
a view not only the president and members of the court and the judge
advocate, if any, but also the prosecutor, the accused and his defending
officer or counsel and, except when excluded under article 112.16, the
public.

(b) Any evidence taken during the court of a view must be entered in the
record of the proceedings.

112.63—DEATH OR DISABILITY OF MEMBERS OF OTHER PERSONS

(1) Where, after the commencement of a trial, a court martial is by death or otherwise
reduced below the minimum number of members prescribed in sections 66 and 70 of the
Armed Forces Act, 1962, it shall be deemed to be dissolved.
(2) Where, after the commencement of a trial, the president of a court martial dies or
for any other reason cannot attend and the court martial is not thereby reduced below the
minimum number of members prescribed in the Act, the authority who convened the
court martial may appoint the senior member of the court martial to be the president and
the trial shall be proceed; but if the senior member of the court martial is not of sufficient
rank to be appointed president, the court martial shall be deemed to be dissolved.
(3) Where a court martial is dissolved pursuant to this article, the accused person may
be dealt with as if the trial had never commenced.
(4) If judge advocate has been appointed and is for any cause unable to attend, the
president shall adjourn the court and reports the circumstances to the convening
authority. The convening authority may authorise the court to stand adjourned until the
judge advocate is able to attend or if he considers delay to be inexpedient:

(a) seek the appointment of a new judge advocate and direct the trial to
proceed;

(b) if the court is a Disciplinary Court Martial, direct that no further judge
advocate shall be appointed and the trial to proceed without a judge
advocate; or

(c) dissolve the court (see article 111.08—“Dissolution and termination of

Courts Martial”).

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Art. 112.63 A.F.R.

112.63—DEATH OR DISABILITY OF MEMBERS OR OTHER PERSONS—

contd.

NOTES
(a) Except when a court is dissolved under the circumstances described in (1) of this
article an accused cannot be re-tried on a charge on which a court martial has
pronounced a finding or accepted and recorded plea of guilty. Accordingly, if a
judge advocate dies or cannot continue after the finding is pronounced or the plea
of guilty accepted and recorded, and it is desired that the accused be sentenced,
the convening authority must, in case of a General Court Martial, seek the
appointment of a new judge advocate and direct the trial to proceed. Since a
judge advocate is not required for a Disciplinary Court Martial, the convening
authority may, in these circumstances, either seek the appointment of a new judge
advocate and or direct the trial to proceed without a judge advocate.
(b) If a new judge advocate appointed pursuant to 4 (a) of this article is unable to
inform himself adequately as to the proceedings, he should so report to the
convening authority and the convening authority should, under these
circumstances, dissolve the court.

112.64—DECISION WHEN ACCUSED INSANE AT TRIAL

(1) Where at any time after a trial by court martial commences and before the finding
of the court martial is made, it appears that there is sufficient reason to doubt whether the
accused person is then, on account of insanity, capable of conducting his defence, an
issue shall be tried and decided by that court martial as to whether the accused person is
or is not then, on account of insanity, unfit to stand or continue his trial (see article
112.59—“Trial Within a Trial”).
(2) Where the decision of the court martial on an issue mentioned in (1) of this article
is that the accused person is not then unfit to stand or continue his trial, the court martial
shall proceed to try that person as if no such issue had been tried
(3) When a court martial, acting in accordance with (1) of this article, determines that
the accused person is unfit to stand or continue his trial because he is insane, their finding
shall be announced in open court forthwith and as being subject to confirmation.
(4) Immediately after a finding has been announced under (3) of this article the
president shall announce in open court that the proceedings are terminated and thereupon
the president and judge advocate, if any, shall date and sign the record of the proceedings.
The president shall order the accused person to be kept in strict custody. The president or
judge advocate shall then forward the record of proceedings to the convening authority.

NOTES
(a) The court will deliberate on this finding as on any other finding, except
that the judge advocate, if any, will be present.

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A.F.R. Art. 112.67

112.64—DECISION WHEN ACCUSED INSANE AT TRIAL—contd.

(b) If the accused is retained in the Armed Forces and subsequently recovers
mental health the decision as to whether he should again be brought to trial in
respect of the same offences will be the responsibility of the convening authority
who must be guided by the advice of the Director of Medical services.

112.65—RECORD OF PROCEEDINGS
(1) The record of the proceedings shall be a record of all proceedings in open court.

(2) If there is no shorthand writer at a court martial, the substance of the evidence
given by each witness shall be recorded by a member of the court detailed by the
president for that purpose.

(3) Upon the conclusion of the trial the record of he proceedings shall be date and
signed by:

(a) the judge advocate to certify that the record correctly reflect the
proceedings of the court; and
(b) the president to certify that the finding, the sentence and the date that
sentence was imposed are accurate and, if there is no judge advocate, that
the record correctly reflects the proceedings of the court.

(4) One copy of the record of the proceedings shall be forwarded as soon as practical
after the conclusion of the trial to the convening authority.

(5) If the accused has been found guilty on any charge, one copy of the record of the
proceedings shall be furnished to him as soon practical after the conclusion of the trial.

NOTES
For the return of an exhibit to the person apparently entitled to it, see (2) of article
101.05 (Restitution of Property and Return of Exhibits).

112.66—PRESENCE THROUGHOUT OF ALL MEMBERS OF COURT

(1) No member of a court who has absent while any part of the evidence during the
trial of an accused person is taken shall take further part in the trial of that person.
(2) No officer shall be added to a court after the court has sworn.

112.67—TRIAL OF SEVERAL ACCUSED BY SAME COURT

(1) A court may be sworn at one time to try any number of accused then present
before it, but the trial of each of the accused shall be separate unless other
wise directed: (see article 101.09—“Joint Trial”).

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C.I. 12.
Art. 112.67 A.F.R.

112.67—TRIAL OF SEVERAL ACCUSED BY SAME COURT—contd.

(2) Subject to article 101.09 and to (3) of this article, the court, when sworn, shall
proceed with one case, postponing the other cases and taking them afterwards in
succession.
(3) Where two or more accused are tried separately by the same court upon charges
arising out of the same transaction, the court:
(a) may, if it considers that the interest of justice so require:
(i) adjourn each case after its finding has been pronounced until it has
pronounced its findings in respect of all such accused,
(ii) after compliance with (2) and (6) of article 112.14 in each case,
adjourn that case for the determination of sentence until those
provisions in respect of all such accused have been complied with;
and
(b) when (a) has been complied with for all such accused, shall
(i) close to consider its sentence for all such accused,
(ii) re-open and announcement its sentence to each accused, and
(iii) terminate its proceedings in respect of each accused by complying
with (7) (d) of article 112.14 (Procedure after announcement of
finding).

Section 11—Rules of Evidence

112.68—RULES OF EVIDENCE TO BE APPLIED

Section 75 of the Armed Forces Act, 1962 provides in part:
“75. Save as otherwise expressly provided in this Act and any regulations
made thereunder, the rules evidence… shall as far as is practicable be the same as
those observed in proceedings before a civil court”.

NOTES
The rules of evidence are found in the Rules of Evidence (See Appendix I to this
volume).
112.69—ADMISSIBILITY OF DOCUMENTS AND RECORDS
Such classes of documents and records as are prescribed may be admitted as evidence of
the facts therein stated at trials by court martial or in any proceedings before civil courts
arising out of such trials and the conditions governing the admissibility of such classes of
documents and records or copies thereof shall be as prescribed.

NOTES
For the rules as to the documents and records admissible see the Rules of
Evidence (See Appendix I to this Volume).

112.70 TO 112.79—INCLUSIVE: NOT ALLOCATED

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A.F.R. Art. 112.99

Section 12—Staying of Proceeding

112.80—EFFECT OF A STAY OF PROCEEDINGS—ALTERNATIVE—

CHARGES

(1) Except as prescribed in (2) of this article and except to the extent that a finding,
can be substituted by the President of the Republic or such other authorities as may be
authorized in that behalf by him, under section 83 of the Armed Forces Act, 1962 or by
the Court Martial Appeal Court under subsection (1) of section 92 of that Act, a stay of
proceedings shall have the effect of a dismissal of the charge on which it has been
directed.

(2) Where in dealing with alternative charges, a stay of proceedings has been directed
under (8) of article 112.05 and subsequently a change of plea to not guilty is directed
under article 112.29, the stay of proceedings shall be deemed removed and the trial shall
proceed as if the accused had pleaded not guilty in the first instance to all the alternative
charges.

112.81 TO 112.99—INCLUSIVE: NOT ALLOCATED

Back to Table of Contents

215
C.I. 12.

CHAPTER 113

NOT ALLOCATED

Back to Table of Contents

216
 C.I. 12.
CHAPTER 114

PROVISIONS APPLICABLE TO FINDINGS AND SENTENCES

AFTER TRIAL

Section 1—Introductory

114.01—APPLICATION OF CHAPTER
This chapter applies to findings made and sentences passed at summary trials and at court
martial.

114.02—CUSTODY AFTER CONVICTION

When the word “custody” is used in this chapter, it relates to custody following
conviction.

NOTES
For provisions respecting custody before conviction, see Chapter 105.

114.03 AND 110.04—NOT ALLOCATED

Section 2—Commencement of Punishment

114.05—GENERAL RULE
Except as otherwise provided in this chapter, a punishment shall commence on the date
upon which the service tribunal pronounces sentence upon the offender.

NOTES

(a) Exceptions to the general rule stated in this article are contained in the
following:—
(i) Article 114.06 (Imprisonment and Detention)
(ii) Article 114.07 (Approval of Punishment of Death)
(iii) Article 114.08 (Approval of Dismissal or Dismissal with Disgrace)
(iv) Article 114.31 (Effect of New Punishment)
(v) Section 6 of this chapter (Suspension of imprisonment or
Detention)

(b) When a punishment imposed upon a non-commissioned officer at a

summary trial requires the approval of higher authority before it becomes
effective, it is not announced until after the direction of the higher authority has
been received (see article 108.34—“Announcement of Finding and Sentence by
Commanding Officer”). Such punishments are not therefore exceptions to the
general rule stated in this article.

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C.I. 12
Art. 114.06 A.F.R.

114.06—IMPRISONMENT AND DETENTION

(1) Subject to (3) of this article, article 114.31—(Effect on new Punishment) and
section 6 of this chapter—(Suspension of Imprisonment or Detention), the term of
punishment of imprisonment for two years or more, imprisonment for less than two years
or detention, shall commence on the date upon which the service tribunal pronounces
sentence upon the offender.
(2) The only time that shall be reckoned toward the completion of a term of
punishment of imprisonment for two years or more, imprisonment for less than two years
or detention shall be the time that the offender spends in civil custody or service custody
while under the sentence in which that punishment is included.
(3) Where a punishment mentioned in (2) of this article cannot lawfully be carried out
by reason of a vessel being at sea or in a port at which there is no suitable place of
incarceration, the offender shall be as soon as practical, having regard to the exigencies of
the service, be sent to a place where the punishment can lawfully be carried out, and the
period of time prior to the date of arrival of the offender at that place shall not be
reckoned toward the completion of the term of the punishment.
(4) Section 84 of the Armed Forces Act, 1962 provides in part:
“84. (2) Where at a new trial held pursuant to this section a person is
found guilty—
(b) if the new punishment includes a term of incarceration, there shall be
deduced from that term any time during which the offender had been
incarcerated following the pronouncement of the previous sentence”.

NOTES

The deduction referred to in paragraph (b) of subsection (2) of section 84 of the Armed
Forces Act, 1962 is made by the committing authority (see Note (c) to article 114.42—
“Authority for Committal and Custody Pending Committal”).

114.07—APPROVAL OF PUNISHMENT OF DEATH

A punishment of death imposed by the court martial is subject to approval by the
President of the Republic and shall not be carried out unless so approved.

114.08—APPROVAL OF DISMISSAL OR DISMISSAL WITH DISGRACE

(1) A punishment of dismissal with disgrace from the Armed Forces or of dismissal
from the Armed Forces, whether it is expressly included in the sentence passed by a
service tribunal or whether it is deemed to be included in the sentence pursuant to
paragraph (b) or paragraph (c) of subsection (4) of Section 78 of the Armed Forces Act,
1962 (see article 104.05 “Imprisonment for two years or more and imprisonment for les
than two years”) is subject to approval by the Chief of Defence Staff and shall not be

218
 C.I. 12.
A.F.R. Art. 114.16

114.08—APPROVED OF DISMISSAL OR DISMISSAL WITH DISGRACE—

contd.
carried out unless so approved; but any punishment of imprisonment for two years or
more or imprisonment for less than two years included in the sentence shall commence
and be carried out (see article 114.06) as if the sentence had not included a punishment of
dismissal with disgrace from the Armed Forces or dismissal from the Armed Forces, as
the case may be.
(2) A punishment of dismissal with disgrace from the Armed Forces or dismissal
from the Armed Forces shall be deemed to be carried out on the date upon which the
release of the offender from the Armed Forces is affected.

114.09 TO 114.14—INCLUSIVE: NOT ALLOCATED

Section 3—Findings

114.15—QUASHING OF FINDINGS
(1) Section 82 of the Armed Forces Act, 1962 provides in part:
“82. (1) The president or such other authorities as may be authorised in
that behalf by him may quash any finding of guilty made by a service tribunal”.
(2) The following authorities shall have power to act under subsection (1) of section
82 of the Armed Force Act, 1962:
(a) the President
(b) the Chief of Defence Staff
(c) a Service Commander in respect of his Service
(d) such other authorities as the President may authorise in that behalf.

NOTES
The President has, by article 114.55, authorized commanding officer as additional
authorities to act under this article in certain cases.

114.16—EFFECT UPON SENTENCE OF QUASHING FINDINGS

(1) Section 82 of the Armed Forces Act, 1962 provides in part:
“82. (2) Where, after a finding of guilty has been quashed, no other
finding of guilty remains, the whole of the sentence passed by the service tribunal
shall cease to have force and effect.
(3) Where, after a finding of guilty has been quashed, another
finding of guilty remains, and any punishment included in the sentence passed by
the service tribunal is in excess of the punishment authorised by this Act in
respect of the findings of guilty which remain, or is, in the opinion of the
authority who quashed the finding, unduly severe,

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C.I. 12.
Art. 112.17 A.F.R.

114.16—EFFECT UPON SENTENCE OF QUASHING FINDINGS—contd.

such authority shall, subject to such conditions as may be prescribed, substitute
such new punishment or punishments as such authority considers appropriate.”
(See article 114.31—“Effect of New Punishment”)
(2) Subject to (3) of this article, where, after a finding of guilty has been quashed, no
other finding of guilty remains, the person against whom that finding was made shall
have restored to him any fine, forfeiture, deduction or other diminution of his pay and
allowance, as well as any loss of rank, seniority or advantages accruing from service that
have resulted from the sentence imposed.
(3) Nothing in (2) of this article shall be deemed:
(a) to affect the legality of the carrying out of the whole or any part of the
sentence before the finding is quashed.
(b) to affect the validity of any disciplinary proceedings or release after the
trial in respect of which the finding has been quashed or
(c) to apply to the cancellation, under Article 15.50 (“Reinstatement”) of the
release or transfer of any officer or men.

NOTES
The President has, by article 114.55, authorized commanding officers as
additional authorities to act under this article in certain cases

114.17—SUBSTITUTION OF FINDINGS
(1) Section 83 of the Armed Forces Act, 1962 provides in part:
“83. (1) The President or such other authorities as may be authorized in that
behalf by him may—
(a) substitute a new finding for any finding of guilty, made by a service
tribunal, that is illegal or cannot be supported by the evidence, if the new
finding could validly have been made by service tribunal, on the charge
and if it appears that the service tribunal was satisfied of the facts
establishing the offence specified or involved in the new finding;
(b) substitute for the finding guilty made by a service tribunal a new finding
of guilty of some other offence if-
(i) the tribunal could on the charge have found the offender guilty
under section 56 of that other offence;
(ii) the tribunal could have found the offender guilty of that other
offence on any alternative charge that was laid,
and it appears that the facts proved him guilty of that other offence”
(2) The following authorities shall have the power to act under subsection (1) of
section 83 of the Armed Force Act, 1962
(a) the President
(b) the Chief of Defence Staff

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A.F.R. Art. 114.26

114.17—SUBSTITUTION OF FINDINGS—contd.

NOTES
The president has, by article 114.55, authorized commanding officers as
additional authorities to act under this article in certain cases.

114.18—EFFECT UPON SENTENCE OF SUBSTITUTION OF FINDINGS

(1) Section 83 of the Armed Forces Act, 1962 provides in part:
“83. (2) where a new finding has been substituted for a finding made by service
tribunal and any punishment included in the sentence passed by the service
tribunal is in excess of the punishment authorised by this Act in respect of the
new finding, or is, in the opinion of the authority who substituted the new finding,
unduly severe, such authority shall, subject to such conditions as may be
prescribed, substitute such new punishment or punishments as the authority
considers appropriate”. (See article 114.30—“Conditions Applicable to New
Punishment”).

114.19 TO 114.24—INCLUSIVE: NOT ALLOCATED

Section 4—Alteration of Punishments

114.25—ILLEGAL PUNISHMENTS
(1) Section 85 of the Armed Forces Act, 1962 provides:
“85. Where a service tribunal has passed a sentence in which is included illegal
punishment, the President or any other authority authorised in that behalf by him
may, subject to such conditions as may be prescribed, substitute for the illegal
punishment such new punishment or punishment as such Authority considers
appropriate”. (See article 114.30—“Conditions Applicable to New Punishment”).
(2) The following authority shall have power to act under section 85 of the Armed
Force Act, 1962:
(a) the President
(b) the chief of defence Staff

NOTES
The president has, by article 114.55, authorized commanding officer as additional
authorities to act under this article in certain cases.

114.26—PUNISHMENT THAT HAVE NOT BEEN APPROVED

(1) An authority authorized by section 85 of the Armed Forces Act, 1962 (see article
114.25—“Illegal Punishments”) has power to substitute a new punishment for—
(a) a punishment of death that has not been approved under article 114.07;

221
C.I. 12.
Art. 112.26 A.F.R.

114.26—PUNISHMENTS THAT HAVE NOT BEEN APPROVED—contd.

(b) a punishment of dismissal with disgrace from the Armed Forces or
dismissal from the Armed Forces that has not been approved under article
114.08; or

(c) a punishment, imposed by a commanding officer at a summary trial, that

has not been approved (see Table A to article 108.27—“powers of
Punishment of a Commanding Officer”).

NOTES
The authorities authorized are prescribed in article 114.25.

114.27—MITIGATION, COMMUTATION AND REMISSION OF PUNISH-

MENTS

(1) Section 86 of the Armed Force Act, 1962 provides:

“86. The President or such other authority as may be authorized in that behalf by
him may, subject to such conditions as may be prescribed, mitigate, commute or
remit any or all of the punishments included in a sentence passed by a service
tribunal” (see article114.30—“Conditions Applicable to New punishments”).

(2) The following authorities shall have power to act under section 86 of the Armed
Forces Act, 1962:

(a) the President;

(b) the Chief of Defence Staff

NOTES
(a) Mitigation is awarding a less amount of the same punishment, as, for
example, by reducing the length of imprisonment to which an offender has
been sentenced; and is in effect equivalent to a remission of part of the
sentence.

(b) Remission may be remission of the whole of or part of a sentence; thus a

sentence of imprisonment may be remitted altogether or a portion of the
term may be remitted.

(c) Commutation is changing the type of punishment by awarding a

punishment lower in the scale.

(d) The President has, by article 114.55, authorized commanding officers as

additional authorities to act under this article in certain cases.

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 C.I. 12.
A.F.R. Art.114.230

114.28—ORDER THAT IMPRISONMENT BE WITHOUT HARD LABOUR

Section 78 of at the Armed Forces Act, 1962 provides in part;
“78. (4) The punishment of imprisonment for two years or more or imprisonment
for less than two years shall be subject to the following conditions:—
(g) a punishment of imprisonment for two years or more or
imprisonment for less than two years shall be deemed to be a
punishment of imprisonment with hard labour, but in the case of a
punishment of imprisonment for less than two years, the President or
such other person as he may authorise in that behalf may order that
such punishment shall be without hard be without hard labour”.

(2) The following authorities shall have power to act under paragraph (g) of
subsection (4) of section 78 of the Armed Force Act, 1962:
(a) the President;
(b) the Chief of Defence Staff;
(c) a Service Commander in respect of his Service;
(d) such other authorities as the President may authorize in that behalf.

NOTES

Before making an order under this article, the appropriate authority should
acquaint himself with the nature of the institution where the offender would serve his
punishment and the conditions of incarceration that would apply as a consequence of
alteration in the punishment.

114.29—NOT ALLOCATED

Section 5—General Provisions respecting New Punishments

114.30—CONDITIONS APPLICABLE TO NEW PUNISHMENT

(1) The following conditions shall apply where a new punishment, by way of
substitution or commutation, replaces a punishment imposed by a service tribunal,
(a) the new punishment shall not be any punishment that could not legally
have been imposed by the service tribunal on the charges of which the
offender was found guilty and in respect of which the findings have not
been quashed, set aside by way of substitution;

(b) the new punishment shall not be higher in the scale of punishments than
the punishment imposed by the service tribunal in the first instance and, if
the sentence passed by the service tribunal shall include a punishment of
incarceration the new punishment shall not involve a period of
incarceration exceeding the period comprised in that sentence;

223
C.I. 12.
Art. 114.30 A.F.R.

114.30—CONDITIONS APPLICABLE TO NEW PUNISHMENT—contd.

(c) where the new punishment is detention and the punishment that it replaces
is imprisonment for two years or more or imprisonment for less than two
years, the term of detention from the date of alteration shall in no case
exceed the term of imprisonment remaining to be serve, and in any event
shall not exceed a term of two years; and
(d) Where the offence of which a person has been found guilty by a service
tribunal is an offence for which the punishment of death is mandatory or
for which the punishment dismissal with or without disgrace from the
Armed Forces is mandatory, or an offence to which paragraph (a) of
subsection (2) of section 77 of the Armed Forces Act, 1962 (see article
103.51—“Service Trial of Civil Offences”) applies, the punishment may,
subject to this Section, be altered to any one or more of the punishments
lower in the scale of punishments than the punishment provided for in the
enactment prescribing the offence.

114.31—EFFECT OF NEW PUNISHMENT

Section 87 of the Armed Forces Act, 1962 provides:
“87. Where under the authority of this Act, a new punishment, by reason of
substitution or commutation replaces a punishment imposed by a service tribunal, the
new punishment shall have force and effect as if it had been imposed by the service
tribunal in the first instance and the provisions of the Code of Service Discipline shall
apply accordingly; but where the new punishment involves incarceration, the term of the
new punishment shall be reckoned from the date of substitution or commutation, as the
case may be”.

114.32 TO 14.34—INCLUSIVE: NOT ALLOCATED

Section 6—Suspension of Imprisonment or Detention

114.35—AUTHORITY TO SUSPEND
(1) Where an offender has been sentenced to imprisonment for two years or more,
imprisonment for less than two years or detention, the carrying into effect of the
punishment may be suspended by the President, or such other authorities as may be
authorized in that behalf by him; and the President or an authority authorized in that
behalf by him is referred to in this section as a “suspending authority”
(2) The following shall be suspending authorities for the purpose of this article;
(a) the President;
(b) the Chief of Defence Staff.

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 C.I. 12.
A.F.R. Art.114.36

114.35—AUTHORITY TO SUSPEND—contd.

NOTES
The President has, by article 114.55, authorized commanding officers as
additional authorities to act under this article in certain case.

114.36—CONDITIONS APPLICABLE TO SUSPENSION

(1) Where, in the case of an offender upon whom any punishment mentioned in (1) of
article 114.35 has been imposed, suspension of the punishment has been recommended,
the authority empowered to commit the offender to a civil prison, or detention barrack, as
the case may be, may postponed committal until direction of a suspending authority have
been obtained.
(2) A suspending authority may, in the case of an offender upon whom any
punishment mentioned in (1) of article 114.35 has been imposed, suspend the punishment
whether or not the offender has already been committed to undergo that punishment.
(3) Where a punishment is suspended before the offender has been committed to
undergo the punishment, he shall, if in custody, be discharge from custody and the term
of the punishment shall not commence until the offender has been ordered to be
committed to undergo that punishment.
(4) Where a punishment is suspended after the offender has been committed to
undergo the punishment, he shall be discharged from the place in which he is
incarcerated and the currency of the punishment shall be arrested from the day on which
he is so discharged, until he is again ordered to be committed to undergo that punishment.
(5) Where a punishment has been suspended, it may at any time, and shall at intervals
of not more than three months, be reviewed by a suspending authority and if on such
review it appears to be suspending authority that the conduct of the offender, since the
punishment was suspended, has been such as to justify a remission of the punishment, he
shall remit it.
(6) A punishment, except a punishment referred to in (9) of this article, that has been
suspended shall be deemed to be wholly remitted on the expiration of a period,
commencing on the day the suspension was ordered, equal to the term of the punishment
less any time during which the offender has been incarcerated following announcement
of the sentence, unless the punishment has been put into execution prior to the expiration
of that period.
(7) A suspending authority may, at any time while a punishment is suspended, direct
the authority who is empowered to commit the offender to commit him, and from the date
of the committal order that punishment ceases to be suspended.
(8) Where a punishment that has been suspended under this section is put into
execution, the term of the punishment shall be deemed to commence on the date upon
which it is put into execution, but there shall be deducted from the term any time during
which the offender has been incarcerated following pronouncement of the sentence.

225
C.I. 12
Art.114.36 A.F.R.

114.36—CONDITIONS APPLICABLE TO SUSPENSION—contd.

(9) A punishment of detention not exceeding thirty days that has been suspended
shall be deemed to be wholly remitted upon the expiration of one year commencing on
the day the suspension was ordered, unless the punishment has been put into execution
prior to the expiration of that period.
NOTES
For the effect upon a suspended punishment of a new award involving
incarceration see article 104.16—Incarceration under more than one sentence.

114.37 TO 114.39—INCLUSIVE: NOT ALLOCATED

Section 7—General Provisions Respecting Incarceration

114.40—COMMITTING AUTHORITIES
(1) The President may authorize authorities for the purpose of this article and any
such authority is referred to in this article as a “committing authority”.
(2) The following shall be committing authorities for the purpose of this article
(a) the President;
(b) the Chief of Defence Staff;
(c) a Service Commander in respect of his Service;
(d) a commanding officer; and
(e) such other authorities as the President may authorize for the purpose.

114.41—DESIGNATION OF SERVICE PRISONS AND DETENTION

BARRACKS

Not promulgated.

114.42—AUTHORITY FOR COMMITTAL AND CUSTODY PENDING

COMMITTAL
(1) A committal order, in the form prescribed in (3) of this article, made by a
committing authority is a sufficient warrant for the committal of a service prisoner or
service detainee to any lawful place of confinement.

(2) Until he is delivered to the place where he is to do undergo his punishment or

while he is being transferred from one such place to another, a service prisoner or service
detainee may be held in any place, either in service custody or in civil custody or at one
time in service custody and at another time in civil custody, as occasion may require, and
may be transferred from place to place by any mode of conveyance, under such restraint
as is necessary for his safe conduct.

226
 C.I. 12.
A.F.R. Art. 114.42

114.42—AUTHORITY FOR COMMITTAL AND CUSTODY PENDING

COMMITTAL—contd.
(2) A committal order shall be in the following form:
COMMITTAL ORDER
To: ………………………………………………………………………………………….
(Title of officer or official and name of the institution)

WHEREAS ………………………………………………………………………………...
(number, rank, surname, forenames in full)

of the ………………………………was convicted by ……………………………………

(service) (specify service tribunal)

of the offence(s) under section(s) ………………………………………………… of the

Armed forces Act, 1962 and was on the ……………….of ………………………19…….

(day) (month)

sentenced to undergo ……………………………………………………….for a term of

(imprisonment or detention)
……………………………
Now therefore, I, having been designed under and by virtue of the Armed Forces
Regulations as a committing authority, do hereby commit the said offender to
undergo……………………………………………………………………………………..
(imprisonment or detention)
Strike out (1) for the term of ……………………computed from……………
(1) or (2) OR
(2) (in the case of a man below the rank of corporal or leading rating
sentenced by the commanding officer to more than thirty days detention if
approval as to the period in excess of thirty days has not been obtained prior to
committal) for the term of thirty days, computed from …………….. and such
additional period in excess thereof as is approved under section 63 (2) (a) (ii) of
the Armed Forces Act, 1962 and notified to you within the time prescribed by
regulations thereunder (see A.F.R. article 108.42—“Time limit for Disposal of
Punishment Warrant”),
as reduced for good conduct by virtue of the rules in effect in the place where he is from
time to time to undergo that sentence;
And I do hereby, in pursuance of the Armed Forces Act, 1962 and regulations made
thereunder direct and require you to receive him into your custody and detain him
accordingly, and for so doing this shall be sufficient warrant.
……………………………………
(Signature, including rank and
appointment)
Dated this ……………………………….day of ……………………………, 19…………

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C.I. 12.
Art.114.42 A.F.R.

114.42—AUTHORITY FOR COMMITTAL AND CUSTODY PENDING

COMMITTAL—contd.

CERTIFICATE OF MEDICAL FITNESS

I certify that ………………………………………………………………………… is (fit)
(fit subject to ………………………………………………………………………………)
(specify limitations)
(unfit by reason of …………………………………………………………………………)
(specify reason)
to undergo (imprisonment)
______________
(detention)
……………………. .....……………………..
(Date) (Medical officer)
(3) Where an offender is also under a sentence of incarceration which has been
suspended and has not expired, and additional recital in the following form should be
inserted in the committal order:

“AND WHEREAS” the offender was under a sentence of ………………………..

(imprisonment)
………………………..for………………..awarded......……………………………….......
(or detention) (term) (date of award)
and suspended under article 114.36 of the Armed Forces Regulations on
………………………………………………………………………………………………
(date suspended sentence ceased to run)
*(which sentence has been (is hereby) ordered to be put into execution)
______________________
*Delete if not applicable

NOTES
(a) The committal order should be addressed to the Director of Prisons at the civil
prison in which the offender is to be incarcerated or to the officer or non-
commissioned officer in charge of a detention barracks.
(b) To determine the date from which the term of imprisonment or detention is to be
computed by the person to whom the committal order is addressed the committing
authority should normally specify the date that sentence was passed upon the
offender. If, however, the sentence has been remitted or suspended the date to be
specified must be determined by considering the effect upon the sentence of the
remission or suspension (see article 114.27—“Mitigation, Commutation and
Remission of Punishments” and article 114.36—“Conditions Applicable to
suspension”). When a punishment of imprisonment or detention cannot lawfully
be carried out by reason of a vessel being at sea or in a port at which there is no

228
 C.I. 12.
A.F.R. Art.114.45

114.42—AUTHORITY FOR COMMITTAL AND CUSTODY PENDING

COMMITTAL—contd.

suitable place of incarceration the committal order should specify the date from
which the term is to be computed as being the date upon which the offender is
received into the civil prison or detention barrack (see article 114.06-
“Imprisonment and Detention”).
(c) When at a new trial held pursuant to section 84 of the Armed Forces Act, 1962
the accused, after a finding of guilty is sentenced to undergo a term of
imprisonment or detention, the committal order shall specify only that portion of
the sentence remaining after deducting from the new sentence any time served by
the accused under the previous sentence (see article 114.06—“Imprisonment and
Detention”).
(d) When an offender is already under a sentence involving incarceration which has
been suspended and has not expired and a new award also involves incarceration,
the punishments shall be served concurrently, with the punishment highest in the
scale of punishments being served first (see article 104.15). Accordingly, the
committal order must be completed carefully to ensure that it is apparent on its
face the sentence the offender is being committed to serve (although the time
served will count against both sentences). This will vary depending upon whether
the suspended sentence is ordered to be put into execution, whether both
sentences involve the same type of incarceration; e.g., imprisonment or detention,
and which term has the longest to run. If no, order is made that the suspended
sentence is to be put into execution, the offender should be committed only for the
term of the new award. If, however, an order is made to put the suspended
sentence into execution, the offender should be committed to undergo the
sentence having the longest time to run

114.43—COMMITTAL TO CIVIL PRISONS

Where a punishment of imprisonment is to be put into execution, the service prisoner
shall as soon as practical be committed to a civil prison there to undergo his punishment
according to law.

114.44—COMMITTAL TO DETENTION BARRACK

Where a punishment of detention is to be put into execution, the service detainee shall as
soon as practical be committed to a detention barrack there to undergo his punishment.

114.45—TRANSFER TO NEW PLACE OF INCARCERATION

(1) A committing authority may from time to time by warrant order that a service
prisoner or service detainee shall be transferred from the place of to which he has been
committed to undergo his punishment to any other place in which that punishment may
lawfully be put into execution.

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C.I. 12
Art.114.45 A.F.R.

114.45—TRANSFER TO NEW PLACE OF INCARCERATION—contd.

(2) Until he is delivered to the new place where he is to undergo his punishment or
while he is being transferred from one such place to another such place, a service prisoner
or service detainee may be held in any place, either in service custody or in civil custody
or at one time in service custody and at another time in civil custody, as occasion may
require, and may be transferred from place to place by the any mode of conveyance,
under such restraint as is necessary for his safe conduct.
(3) A transfer or Custody Warrant or Temporary Removal from Custody Order shall
be in the following form:

TRANSFER OF CUSTODY WARRANT

OR

TEMPORARY REMOVAL FROM CUSTODY ORDER

To…………………………………………………………………………………………...
(Title of officer or official and name of the institution)
WHEREAS…………………………………………………………………………………
(number, rank, surname, forenames in full)
of ………………………………………………………………………………..is now in
(unit and service)
your custody undergoing a sentence of …………………………………………………….
(imprisonment or detention)

Now, therefore, I being a committing authority under article 114.40 of the Armed Forces
Regulations do hereby order you to deliver the said man to the person presenting this
order, and that person as well as all others into whose custody the said man may be
transferred, shall keep the said man in close custody and:

Use (a) (a) bring him to ………………………………………………...

for (new place of incarceration)
transfer there to undergo the remainder of his sentence,
of Custody

Use (b) (b) bring him to ………………………………………………..

for (place)
temporary
removal there to ……………………………………………………..
from (state purpose for which detainee or prisoner)
custody
Strike
out(a)or (b)
…..……………………and then return him to your custody
(required)

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 C.I. 12.
A.F.R. Art. 114.47

114.45—TRANSFER TO NEW PLACE OF INCARCERATION—contd.

at the institution first above named, and for so doing this
shall be your sufficient authority.
….………………………………………………
(Signature, including rank and appointment)

Dated this ……………………………….day of………….………………….., 19………..

114.46—TEMPORARY REMOVAL FROM INCARCERATION

Where the exigencies of the service so require, a service prisoner or service detainee may,
by an order made by a committing authority (see article 114.40—“Committing
Authorities”), be removed temporarily from the place to which he has been committed for
such period as may be specified in that order but, until his return to that place, he shall be
retained in service custody or civil custody, as occasion may require, and no further
committal order is necessary upon his return to that place.

(For form of Temporary Removal from Custody Order see article 114.45)

114.47—ORDER FOR DISCHARGE FROM CUSTODY

An order For Discharge From Custody shall be in the following form:

ORDER FOR DISCHARGE FROM CUSTODY

To …………………………………………………………………………………………..
(Title of officer or official and name of institution)

WHEREAS ………………………………………………………………………………...
(number, rank, surname forenames in full )

of ………………………………………….………… is now in your custody undergoing

(unit and service)

a sentence of ………………………………………………………………………………..
(imprisonment or detention)

Now, therefore, I, being a committing authority under article 114.40 of the Armed Forces
Regulations do hereby order you to discharge the said man from custody and for so doing
this shall be your sufficient authority.
………………………………………………
(Signature, including rank and appointment)

Dated this ………………………………………..day of ……………………,19 ………...

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Art. 114.48 A.F.R

114.48—RULES APPLICABLE IN CIVIL PRISON

While a service prisoner is undergoing punishment in a civil prison, he shall be dealt with
in the same manner as other prisoners in the place where he is undergoing punishment,
and all rules applicable in respect of a person sentenced by a civil court to imprisonment
in a civil prison, in so far as circumstances permit, apply accordingly; but a service
prisoner undergoing punishment in a civil prison shall not be discharged therefrom until
the expiration of the term of his punishment, as reduced for good conduct by virtue of
any rules in effect in that civil prison, unless an authority mentioned in article 114.27—
(“Mitigation, Commutation and Remission of Punishment”) or Section 6 of this chapter
(“Suspension of imprisonment or Detention”) orders that he be discharged therefrom
prior to the expiration of the term of his punishment.

114.49—RULES APPLICABLE IN DETENTION BARRACKS

Not promulgated.

114.50—AUTHORITY OF DOCUMENTS RESPECTING INCARCERATION

The custody of a service prisoner or service detainee is not illegal by reason only of
informality or error in or in respect of a document containing a warrant, order or direct
issued in pursuance of these Regulations or by reason only that such document deviates
from the prescribed form; and any such document may be amended appropriately at any
time by the authority who issued it in the first instance or by any other authority
empowered to issue documents of the same nature.

114.51—INSANITY WHILE IN CIVIL PRISONS

A service prisoner who, having been release from the Armed Forces is or becomes
insane, mentally ill or mentally deficient while undergoing punishment in a civil prison,
shall be treated in the same manner as if he were a person undergoing a term of
imprisonment in such civil prison by virtue of the sentence of a civil court.

114.52—INSANITY WHILE IN DETENTION BARRACKS

Not promulgated.

114.53 TO 114.54—INCLUSIVE: NOT ALLOCATED

Section 8—Commanding Officers

114.55—POWER TO QUASH FINDINGS AND ALTER FINDINGS AND

SENTENCES
(1) Subject to (2) of this article, a commanding officer shall be an authority having
power to act under article 114.15(Quashing of Findings), 114.17 (Substitution of
Findings), 114.25 (Illegal Punishments), 114.27 (“Mitigation, Commutation and
Remission of Punishment”) and 114.35
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 C.I. 12.
A.F.R. Art.114.99

114.55—POWER TO QUASH FINDINGS AND ALTER FINDINGS AND

SENTENCES—contd.

(Authority to Suspend) in respect of findings, made or punishments that have been

imposed at a summary trial when:
(a) The offender is under his command; and
(b) The finding was made or the punishment imposed at a summary trial,
other than a trial before a superior commander.

(2) No commanding officer shall have power under (1) of this article in respect of a
the finding or punishment if the punishment proposed for the offence has been submitted
for the approval of higher authority (see article 108.40—“Submission for Approval of
Punishments”) unless the concurrence of the authority to whom the punishment has been
submitted for approval is first obtained.

NOTES
Under this article, a commanding officer could quash or alter finding made or
alter punishments imposed by himself, another commanding officer, a delegated officer
or detachment commander, where the offender is under his command at the time of the
quashing or alteration. A commanding officer has no power to alter or quash the findings
made or punishments imposed by a superior authority.

114.56 TO 114.99—INCLUSIVE: NOT ALLOCATED

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 C.I. 12.

CHAPTER 115

APPEALS FROM COURTS MARTIAL

115.01—RULES APPLICABLE TO APPEALS

For the rules applicable to appeals from decisions or findings of Courts Martial (see
Appendix II to this volume).

115.02 TO 115.99—INCLUSIVE: NOT ALLOCATED

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234
 C.I. 12.

CHAPTER 116

NOT ALLOCATED

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235
C.I. 12
CHAPTER 117

NEW TRIALS

117.01—NEW TRIAL DIRECTED BY THE PRESIDENT OR AN AUTHORITY

AUTHORIZED BY HIM IN THAT BEHALF ON CERTIFICATION BY
THE JUDGE ADVOCATE GENERAL
Where a service tribunal has found a person guilty of an offence and the Judge Advocate
General certifies that in his opinion a new trial is advisable by reason of an irregularity in
law in the proceedings before the service tribunal, the President or an authority
authorized by him in that behalf may set aside the finding of guilty and direct a new trial,
in which case that person shall be tried again for that offences as if no previous trial had
been held.

117.02—NEW TRIAL DIRECTED BY COURT MARTIAL APPEAL COURT

Section 92 of the Armed Forces Act, 1962 provides in part:
“92. (1) Upon the hearing of an appeal respecting the legality of a finding of
guilty on any charge, the Court Martial Appeal Court, if it allows the appeal, shall—
(b) direct a new trial on that charge, in which case the appellant shall be
tried again as if no trial on that charge had been held”.

117.03—NOT ALLOCATED

117.04—DISPENSING WITH NEW TRIAL

Section 84 of the Armed Forces Act, 1962 provide in part:
“84. (3) The president may dispense with any new trial under this section or under
section 92 (see article 117.01 an s117.02)”

117.05—CONVENING OF NEW TRAIL

(1) When a new trail is directed or ordered under article 117.01 or 117.02 the Chief
of Defence Staff or the Service Commander concerned shall, unless trial has been
dispensed with (see article 117.04), convene a court martial for the trial of the accused on
the charge for which the new trial has been directed or ordered.
(2) The convening authority under this article shall be deemed to have received an
application for trial (from a commanding officer under his command) and shall convene a
court martial without further investigation or consideration of the charge.

NOTES
Where a trail has been held to be invalid because of lack of jurisdiction in the
court, the accused may be tried by a court which has jurisdiction. The first “trial” is a
nullity, i.e. is regarded as never having taken place or the accused never to have been
“tried”, and accordingly the accused may be tried by a fresh court. The pre-trial
investigation and procedure must be recommended at the point at which jurisdiction was
lost in the first instance and further proceedings taken in accordance with the regulations
in all respect as if the charge had not previously been proceeded with.
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 C.I. 12.
A.F.R. Art. 200.00

117.06—PROCEDURE AT NEW TRAIL

The procedure at a new trial shall be as provided in Chapter 112 (Trial Procedure at
General and Disciplinary Court Martial) except that when a new trial is held pursuant to
section 84 of the Armed Forces Act, 1962 and the trial continues after a finding of guilty,
the prosecutor shall after complying with 2 (a) of article 112.14, inform the court as to the
sentence passed on the accused by the previous court martial.

117.07—LIMITATIONS ON SENTENCE AT NEW TRIAL

Section 84 of the Armed Forces Act, 1962 provides in part:

“84. (2) Where at a new trial held pursuant to this section (see article 117.01) a
person is found guilty—

(a) the new punishment shall not be higher in the scale of punishments than
the punishment imposed by the service tribunal in the first instance;

(b) if the new punishment is in the same paragraph in the scale of

punishments as the punishment imposed by the service tribunal in the first
instance, the new punishment shall not be in excess of the previous
punishment”.

NOTES

(a) While subsection (2) (b) of section 84 of the Armed Forces Act, 1962
provides for the deduction from the new sentence of the time the offender
has been incarcerated under the sentence of the first court, this deduction
will be, made by the committing Authority after the new sentence is
passed and the new court will not therefore make the deduction prior to
passing sentence.

(b) The limitations provided in this article are not applicable to a new trial
directed by the Court Martial Appeal Court pursuant to section 92 of the
Armed forces Act, 1962.

117.08 TO 200.00—INCLUSIVE: NOT ALLOCATED

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C.I. 12.
APPENDIX I TO VOLUME 2
(See article 112.68)

RULES OF EVIDENCE
Introduction
1. The object of this appendix is to emphasize the main points which should
be born in mind when a summary of evidence is being taken, or an accused is being tried
for an alleged offence under the AFA. Obviously nothing like a full treatment of the law
of evidence can be given. That law occupies a large file, and the standard text-books on
the subject contain several hundred pages. This appendix is only a brief resume of the
more important rules which are applied constantly in a criminal trial.

The Rules of Evidence

2. In a criminal trial and at a trail by court martial the following are the main
rules which are applied by the court:-
(a) The Rule as to Judicial Notice.
(b) The Rule as to Admissibility.
(c) The Rule as to Competency.
(d) The Rule as to Privilege.

THE RULE AS TO JUDICIAL NOTICE

3. A court martial must take judicial notice of all maters of notoriety,
including matters within the general service knowledge of the court, and of all other
matters of which judicial notice would be taken in a civil court in Ghana. Judicial notice
means that with regard to certain matters the court may accept them as facts without
calling upon the prosecution to prove them in evidence. Thus the prosecution need not
prove that a sergeant is superior in rank to a corporal, nor need the prosecution prove
other matters which are general service knowledge. An important point which arises in
this connection is that the court cannot take the judicial notice of the fact that the accused
was on active service. The fact that the accused was on active service may affect the
sentence of the court and must be proved in evidence.

THE RULE AS TO ADMISSIBILITY

4. The Rule as to Admissibility sub-divides itself into five subsidiary rules
which are:—
(a) The Rule as to Relevancy.
(b) The Rule as to Best Evidence.
(c) The Rule against Hearsay.
(d) The Rule as to Opinion.
(e) The Rule as to Confession.

The rule as to Relevancy

5. The Rule as to Relevancy means that nothing is to be admitted in evidence
which does not tend immediately to prove or to disprove the charge. In applying this rule
a great deal is left to common sense.
238
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A.F.R. Appendix I

APPENDIX I TO VOLUME 2—contd.

THE RULE AS TO ADMISSIBILITY—contd.

6. In connection with the Rule of Relevancy one important point must be
borne in mind, and that is that an accused’s previous bad character is not relevant. This
really is a matter of common sense. The fact, for example, that a man stole a camera three
years ago would be no proof that the he stole another camera when charged with stealing
the latter camera. All that such evidence could amount to is suspicion that he is the
culprit. The admission of such evidence would be not only irrelevant but do positive
harm to the accused by heightening the suspicion of the court against him.

The Rule as to Best Evidence

7. The rule as to best evidence is applied mainly to documents, and means
that the original document must be produced in evidence before the court, and not merely
a copy thereof. This rule is, however, subject to the following exceptions:—
(a) Where the original document is lost or destroyed, the court on being
satisfied that it is lost or destroyed will permit the prosecution or the defence of produce
secondary evidence of such document. Secondary evidence means a copy thereof, which
someone can swear is a true copy of the original or in the alternative, oral evidence as to
its contents.
(b) Similarly, where the original is of such a nature as not to be easily
removable, such as a placard posted on a wall or tombstone, secondary
evidence will be permitted.
(c) If the original document is in the possession of the accused, then if the
accused before the trial is given reasonable notice to produce such original
and does not do so the prosecution is entitled to adduce secondary
evidence of the original. The converse, of course, applies if the original
document is in the possession of the prosecution and the defence wishes to
adduce such document as evidence

The rule Against Hearsay

8. The Rule against hearsay applies to two types of evidence, namely oral
hearsay and documentary hearsay, which will now be alluded to briefly.

Oral Hearsay
9. Oral hearsay is evidence by a witness of what he has heard from another
person with reference to the facts in dispute. If the nature of evidence is grasped, namely
that it consists of facts which the witness has himself perceived with his sense, then
obviously hearsay evidence is not evidence at all. The witness recounting hearsay has
perceived nothing; he is only relating to the court what another has perceived and chosen
to tell him (the witness). Common examples of hearsay are:—
(a) Leading Aircraftman A told me that he had seen the accused……………...

239
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Appendix I A.F.R.

APPENDIX I TO VOLUME 2—contd.

THE RULES AS TO ADMISSIBILITY—contd.
(b) I then saw Leading Aircraftman B and asked him when the accused left
the room. He told me…
These examples show that all the witness is doing recounting evidence which should be
given by the witness who personally has perceived the facts in dispute.

Documentary Hearsay
10. Documentary hearsay consist of the production by a witness of a written
statement with reference to the facts in dispute of which he himself is not the author. The
commonest example is the production of a letter not written by the witness himself but by
another, and which letter relates something with reference to the facts in disputes.
Obviously in this case it is the author of the written document who knows the facts and
not he person who produces it to the court. Normally before the evidence can be received
the author must give oral evidence on oath at the trial of the facts which he has written.

Exceptions to the Rules Against Hearsay

11. There are certain exceptions to the rule against hearsay. Some of these
would hardly ever at a trial by court martial, but the following exceptions are
important:—
(a) Dying declarations. These are only allowed in trials on a charge of
murder or manslaughter.
(b) Recent complaints in sexual cases.
12. The rule against hearsay has no application to the following:—
(a) Statements made by the accused. These are governed by the Rule
as to Confessions.
(b) Statement which are made in the presence of the accused. These
are admissible on the grounds that the accused’s conduct upon
hearing allegations against himself is always admissible. If
however, the accused denies the allegation such evidence is of
little or no value and the court may disallow such evidence to be
given.
(c) When the court is concerned merely with the fact as to whether the
statement was made as distinct from the fact whether it is true.
This is a little more difficult to grasp and an illustration will make
it clear. Suppose A says to B “C” is a “thief” B tells C what A has
said, and C, incensed at the remark, punches A on the nose. C is
tried by court martial for assaulting A. Here it is proper for B to
state in evidence what A said. The truth as the remark, i.e. whether
C was a thief, is not in issue, but the making of the statement tends
to show (i) that C had a motive for striking; A and (ii) that C
suffered provocation, which would possibly merit a mitigation of
the punishment if C were found guilty.

240
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A.F.R. Appendix I

APPENDIX I TO VOLUME 2—contd.

THE RULES AS TO ADMISSIBILITY—contd.

The Rule as to Opinion

13. A witness must state only what he has seen or heard (subject to hearsay)
with his own senses. It is then for the court to draw the necessary inferences from what
the witness has stated in evidence. There are, however, the following exceptions to this
rule:—
(a) The opinion of an expert, such as a doctor giving evidence as to the type
of disease from which a person was suffering is admissible. Similarly, the
opinion of an engineer officer, stating his opinion that the cause of an
aircraft crash was due to certain engineer defects, would be admissible.
(b) An opinion by a witness that certain handwriting was that of the accused
would be admissible, even if the witness was not an expert on
handwriting.
(c) In charges of drunkenness, a person giving evidence can state that in his
opinion the accused was drunk.
14. Obviously the court will be impressed with the evidence of a witness
giving an opinion only if he gives convincing reason as to why his opinion was formed.
A witness giving evidence as to handwriting for example, could only give an opinion
based upon familiarity with the accused’s handwriting. Similarly a witness giving
evidence as to drunkenness would have to give convincing reasons as to why he formed
that conclusion.

The Rule as to Confessions

15. After an offence has been committed, the police, either civil or military,
often see the accused, and he make a statement confessing to the offence. At the
accused’s subsequent trial the prosecution often seek to put such confession in evidence.
If the confession has been induced by ill-treatment, threats of ill-treatment or other ills, or
if promises have been made, such confession is often of little evidential value. The
general principle, therefore, governing the admissibility of a confession is that before a
confession can be received in evidence against an accused it must be proved affirmatively
by the prosecution that it was given freely and voluntarily. It is not free and voluntary if:
(a) it was engendered by a threat, promise or inducement,
(b) having reference to the charge with regard to which the accused made a
confession,
(c) held out to him directly or indirectly by some person in authority.
Persons in authority would include the commanding officer the officer taking the
summary of evidence, or a member of the military or civil police.

241
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Appendix I A.F.R.

APPENDIX I TO VOLUME 2—contd.

THE RULE AS TO COMPETENCY

16. The Rule as to Competency lays down which person can or cannot give
evidence. The most important points to note in this connection are the evidence of the
accused himself, the evidence of an accomplice, the evidence of young children, and the
evidence of the accused’s wife.
Evidence of Accused
17. The accused may give evidence on his own behalf, but he is not bound to
do so. If he does not elect to give evidence the prosecutor must make no comment upon
his failure to do so. If he elects to give evidence then the prosecutor must bear in mind
that he cannot question the accused upon his previous bad character except in special
circumstances.
Evidence of Accomplices
18. Where it is desired to offer on behalf of the prosecutor the evidence of an
accomplice, then the advice of the Director of Legal Services should be sought prior to
the accomplice giving evidence. The accused may also call an accomplice in his defence,
but the accomplice is not bound to give evidence on his behalf, since he can claim
privilege (see, hereunder). If the accomplice is not willing to give such evidence at a
joint trial, the accused should apply for a separate trail and for the accomplice to be tried
first. The court in receiving the evidence of an accomplice should seek corroboration,
and if a judge advocate is present he must warn the court of the danger convicting the
accused merely on the uncorroborated evidence of an accomplice.
Evidence of young Persons
19. The court may receive the evidence of a child without being sworn if the
court is satisfied that:—
(a) The child does not understand the nature of an oath, but
(b) He is possessed of sufficient intelligence to justify the reception of his
evidence.
But the accused cannot be convicted unless such evidence is corroborated by some other
material evidence in support thereof, implicating the accused.
Evidence of Accused’s wife
20. The accused may always call his wife to give evidence in his defence but
it is only in certain cases that the prosecution may call her to give evidence against him.
With certain exceptions, the prosecution cannot compel the wife to give evidence. The
main cases in which the wife can be so called are:—
(a) Rape and other sexual offence.
(b) Inflicting personal injuries on her.
(c) Bigamy
(d) Civil offences which under the Criminal Code, 1960 are felonies (but see
(d) of Rule 22)

242
 C.I. 12.
A.F.R. Appendix I

APPENDIX I TO VOLUME 2—contd.

THE RULE AS TO PRIVILEGE

21. Certain types of evidence, both oral and documentary, are privileged from
production. The main instances are:—

(a) A witness (other than the accused relating to the offence with
which he is charged) can refuse to answer any question which
tends to expose him to a criminal charge or a charge under the
AFA. It follows from this that where two accused persons are
involved in the same offence and a charge against both of them is
outstanding, one of them must not be called by the prosecution to
give evidence against the other, since by giving such evidence he
might possibly incriminate himself. Therefore, if A and B are
involved in an offence, and it is desired to call A to give evidence
at the taking of the summary against B, A can be called only after
his own case has been finally disposed of (see para 18)

(b) Only in special circumstances can the accused, when giving

evidence, be asked any question which tends to show that he has
committed an offence other than that with which he is charged (see
para 17). In practice great caution is exercised in asking such
questions, as if there is any doubt as to whether at a trial by court
marital such questions should have been asked, those reviewing the
case in the event of a conviction will usually quash the conviction.
It is asked only after legal advice has been taken.

(c) Upon considerations of public policy, confidential communications

such as those emanating from the Ministry of Defence on highly
confidential matters are privileged from production as evidence.
On this principle the proceedings of a board of inquiry or summary
investigation cannot be divulged or quoted without the prior
consent of the Chief of Defence Staff. Similarly, an officer could
not claim the production of a confidential report rendered upon
him by his superiors.

(d) Communications between husband and wife during their marriage

are privileged from production as evidence.

243
C.I. 12.
APPENDIX II TO VOLUME 2

ARMED FORCES (COURT—MARTIAL APPEAL COURT) L.I. 622.

REGULATIONS, 1969
In exercise of the powers conferred on the National Liberation Council by
sections 89 and 97 of the Armed Forces Act, 1962 (Act 105) these Regulations
are made this 27th day of May, 1969.
1. (1) The judges of the Court Martial Appeal Court (hereinafter referred Constitution
of Court
to as the “Court”) shall be:— Martial
(a) the judges of the Supreme Court of Judicature; and Appeal
(b) such other persons, being persons of legal experience as the Court
Chief Justice acting or the advice of the Judicial Service
Commission may appoint
(2) The appointment of a person under sub-regulation (1) (b) of this
regulation shall be for such term as may be determined by the Chief Justice and
shall be subject to such conditions as may be so determined; and a person
appointed as aforesaid who ceases to hold office as such a judge shall be eligible
for re-appointment.
(3) There shall be paid to persons appointed under sub-regulation (1)
(b) of this regulation to be judges of the Court such remuneration, and to all the
judges of the Court Martial Appeal Court such travelling and subsistence
allowances, as the Chief Justice may, with the approval of the Government,
determine.
(4) The Registrar of the Court of Appeal shall be the Registrar of the
Court and the Chief Justice may appoint such other officers and servant of the
Court as he may determine.
(5) The remuneration of the officers and servants of the court shall be
such of the Chief Justice may, with the approval of the Government, determine.
(6) There shall be defrayed out of moneys provided by the
Government:
(a) The remuneration of the persons appointed under relation
(1) (b) of this regulation;
(b) The travelling and subsistence allowance of the Judges of
this Court;
(c) The Remuneration of the officers and servant of the court
and such other expenses of the Court as the Government
may sanction.
2. (1) For the purpose of hearing and determining appeals under the Supplemen-
Armed Forces Act, 1962 or any matter preliminary or incidental to an appeal, the tary provi-
sions relating
court shall be summoned in accordance with directions given by the Chief Justice, to the court
and shall be deemed to be duly constituted if—
(a) It consists of an uneven number of judges, not being less
than three; and

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A.F.R. Appendix II

APPENDIX II TO VOLUME 2—contd.

L.I. 622. ARMED FORCES (COURT—MARTIAL APPEAL COURT)

REGULATIONS, 1969

(b) (subject as hereinafter provided) at least one of the number of

judges of which it consists is a judge of a judge of the Supreme
Court of Judicature
(2) The court shall sit in such place as the Chief Justice shall direct,
whether within or outside Ghana.
(3) Where the court is directed to sit at place outside Ghana, the Chief
Justice may, if he thinks it expedient so to do, direct that sub-regulation (1) (b) of
this Regulation shall not have any effect in relation to the court while sitting at
that place.
(4) The determination of any question before the court shall be
according to the opinion of the majority of the judges of the Court hearing the
case.
(5) Any direction which may be given under this regulation by the
Chief justice may, in the event of a vacancy in the office or the incapacity of the
Chief Justice to act for any reason, be given by the senior judge of the Supreme
Court of Judicature.

Rules of 3. The rules of court for regulating the procedure and practice to be followed
court in the court shall be as set out in Part I of the schedule to these Regulations.

Condition 4. Except in the case of a conviction involving sentence of death, the right of
for
exercise of appeal confirmed by section 90 of the Armed Forces Act, 1962 on a person
right of convicted by a court martial shall not be exercisable:—
appeal
(a) Unless, within such period as is prescribed in the rules of court, he
presents to the appropriate authority a petition praying that his
conviction be quashed; and
(b) Until either the prescribed period beginning with the day on which
the petition is prescribed expires or he is notified by that authority
that the petition has not been granted, whichever event first occurs.

Applications 5. (1) Leave to appeal to the Court shall not be given except in pursuance of
for leave to
appeal
an application in that behalf made by or on behalf of the appellant and lodged,
within the prescribed period, with the Registrar, being an application in the
prescribed form and specifying the grounds on which leave to appeal is sought
and such other particulars, if any, as may be prescribed.
(2) Where an application for leave to appeal to the court is lodged with a
person other than the Registrar in accordance with the rules of court it shall be the
duty of the that person:—
245
C.I. 12.
Appendix II A.F.R.

APPENDIX II TO VOLUME 2—contd.

ARMED FORCES (COURT—MARTIAL APPEAL COURT) L.I.622.

REGULATIONS, 1969

(a) to forward the application to the Registrar with as much expedition

as practicable,
(b) If it appears to that person that it is practicable to furnish the
Registrar, before the receipt by him of the application, with such
particulars of the application as will enable him to prepare a copy
of it, and that in all circumstances it is expedient so to do,
forthwith to furnish him with those particulars.

(3) Where an appellant convicted by a court martial held outside

Ghana duly presents a petition under regulation 4 of these Regulations and, before
the expiration of the period within which an application for leave to appeal to the
Court against the conviction is required by sub-regulation (1) of this regulation to
be lodged, the appropriate authority for the purposes of regulation 4 of these
Regulations receives from the appellant such an application accompanied by a
request that the authority will forward the application to the Registrar in the event
of its being decided not to grant the petition, it shall be the duty of that authority
to comply with the request, and accordingly, the right of appeal conferred upon
the appellant by section 90 of the Armed Forces Act, 1962 shall, if it has not
previously become exercisable, become exercisable, on the happening of that
event.

(4) Except in the case of a conviction involving sentence of death, the

Court may extend the period within which the application for leave to appeal must
be lodged whether that period has expired or not.

(5) Where the Court dismisses an application for leave to appeal the
Court may, if it considers the application to have been frivolous or vexatious,
order that any sentence passed upon the applicant in the proceedings from which
it was sought to bring the appeal shall begin to run from the day on which the
Court dismisses the application.
Supplemen-
6. (1) For the purposes of these Regulations the Court may, if it thinks it tary powers of
the Court.
necessary or expedient in the interest of justice:—
(a) order the production of any document, exhibits or anything
connected with the proceedings the production of which
appears to the Court necessary for the determination of the
case;

246
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A.F.R. Appendix II

APPENDIX II TO VOLUME 2—contd.

L.I.622 ARMED FORCES (COURT—MARTIAL APPEAL COURT)

REGULATIONS, 1969

(b) order the taking of such steps as are requisite to obtain from any
member of the court martial by which the appellant was tried or the
person who officiated as judge-advocate at the trial a report giving
his opinion upon the case or upon any point arising therein or
containing a statement as to any facts whereof the ascertainment
appears to the Court to be material for the purpose of the
determination of the case;
(c) order any witnesses who would have been compellable witnesses at
the trial to attend and be examined before the Court whether they
were or were not called at the trial, or order the examination of any
such witnesses to be conducted in the prescribed manner before any
judge of the court or before any other person appointed by the Court
for that purpose, and allow the admission of any depositions so taken
as evidence before the Court;
(d) receive the evidence, if tendered, of any witness (including the
appellant) who is a competent but not compellable witness and, if the
appellant makes an application for the purpose, of the husband or
wife of the appellant, in cases where the evidence of the husband or
wife could not have been given at the trial except on such
application;
(e) where any question arising on the appeal involves prolonged
examination of documents or accounts, or any scientific or local
investigation, which cannot in the opinion of the Court conveniently
be conducted before the Court, order the reference of the question in
the prescribed manner for inquiry and report to a special
Commissioner appointed by the Court and act upon the report of any
such Commissioner so far as the Court thinks fit to adopt it; and
(f) appoint any person with special expert knowledge to act as assessor
to the Court in any case where it appears to the Court that such
special knowledge is required for the proper determination of the
case;
and may issue any warrant necessary for enforcing the orders or sentences of the
Court:
Provided that the Court shall not make an order under paragraph (b) of this sub-
regulation for the purpose of obtaining the report of a member of the Court-martial other

247
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Appendix II A.F.R.

APPENDIX II TO VOLUME 2—contd.

ARMED FORCES (COURT-MARTIAL APPEAL COURT) L.I.622

REGULATIONS, 1969

than the president thereof unless the Court also makes such an order for the
purpose of obtaining a report from the President or is satisfied that the obtaining
of a report from him is impracticable or would involve undue delay.

(2) There may be paid out of moneys provided by the Government:

(a) to a witness attending before the Court in obedience to an

order under paragraph (c) of the foregoing sub-regulation
or examined in pursuance of such an order before any such
person as is mentioned in that paragraph, such travelling
and subsistence allowances as may be prescribed by the
Chief Justice with the approval of the Government; and

(b) to a special Commissioner to whom a question is referred

under paragraph (e) of that sub-regulation for inquiry and
report and to a person appointed under paragraph (f) of that
sub-regulation to act as assessor to the Court, such
remuneration and such travelling and subsistence
allowances as may be so prescribed.

7. An appellant may, if he so desires, instead of presenting his case orally Right of

appellant to
present it in writing in the prescribed form. present his
case in writing.
8. (1) The Court may at any time assign to an appellant a lawyer in any Legal aid to
appellants
appeal proceedings preliminary or incidental to an appeal in which, in the opinion
of the Court, it appears desirable in the interest of justice that the appellant should
have legal aid and that he has not sufficient means to enable him to obtain that
aid.
(2) If, on a question of granting an appellant legal aid under the
foregoing sub-regulation, there is a doubt whether it is desirable in the interests of
justice that the appellant should have legal aid or whether he has sufficient means
to enable him to obtain that aid, the doubt shall be resolved in favour of granting
him the legal aid.
(3) Before a person is granted legal aid under this regulation he may
be required to furnish a written statement in the prescribed form about matters
relevant for determining whether his means are insufficient to enable him to

248
 C.I. 12.
A.F.R. Appendix II

APPENDIX II TO VOLUME 2—contd.

L.I.622 ARMED FORCES (COURT—MARTIAL APPEAL COURT)

REGULATIONS, 1969
obtain legal aid, and if a person in furnishing such written statement as aforesaid
(whether required so to do or not) knowingly makes any false statement or false
representation he shall be liable on conviction to a fine not exceeding two
hundred New Cedis (N¢200.00) or to imprisonment for a term not exceeding four
months or to both.
(4) The Registrar shall report to the Court or a judge thereof any case
in which it appears to him that, although no application has been made for the
purpose, legal aid ought to be granted under this regulation to an appellant.
(5) A lawyer assigned to an appellant under this regulation shall be
entitled to be paid by the Armed Forces such sums in respect of fees and
disbursement as may be prescribed by the Chief justice.
Proceedings to 9. An appellant shall not be entitled to be present at the hearing of an appeal
be held in
absence
under these Regulations to the Court or at any proceedings preliminary or
of an incidental to such an appeal except where the rules of Court provide that he shall
appellant
have their right to be present or the Court gives him leave to be present and
accordingly any power of the Court under these Regulations to pass a sentence
may be exercised notwithstanding the absence of the appellant.
Defence of 10. It shall be the duty, on an appeal under the Armed Forces Act, 1962, of the
Appeal
Armed Forces to undertake the defence of the appeal.
Costs 11. (1) Where the Court allows an appeal it may, if it thinks fit, direct the
payment by the Armed Forces of such sums as appear to the Court reasonably
sufficient to compensate the appellant for any expenses properly incurred by him
in the prosecution of his appeal (including any proceedings preliminary or
incidental thereto) or in carrying on his defence before the court-martial by which
he was convicted or before any other court martial before which were begun, but
not concluded, proceedings for the offence with which he was charged before the
court-martial by which he was convicted.
(2) Where the Court dismisses an appeal or application for leave to
appeal it may, if it thinks fit, order the appellant or applicant, as the case may be,
to pay to the Armed Forces the whole or any part of the costs of the appeal or
application, including the costs of copying or transcribing any documents for the
use of the Court, and an order under this sub regulations may be enforced:--
(a) in the same manner as an order for the payment of costs
made by the High Court in civil proceedings; or
(b) by making deductions from pay due to the applicant or
appellant as the case may be;
or partly in one way or partly in the other.

249
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Appendix II A.F.R.

APPENDIX II TO VOLUME 2—contd.

L.I.622 ARMED FORCES (COURT—MARTIAL APPEAL COURT)

REGULATIONS, 1969
12. (1) Where a conviction by court-martial involves sentence of death:— Suspension
(a) the sentence shall not in any case be executed until the of death
sentences
expiration of the period prescribed under the Regulations as
the period within which an application for leave to appeal
to the Court against the conviction must be lodged;
(b) if such an application is duly lodged, the sentence shall not
be executed until either the application is finally refused or
is withdrawn or the appeal is determined or abandoned.
(2) Any appeal to the Court against a conviction by court-martial
involving sentence of death, any application for leave to appeal to the Court
against any such conviction shall be heard and determined with as much
expedition as practicable.

13. Where the conviction of a person by a court-martial for an offence has Person not to be
tried again where
been quashed under these Regulations, he shall not be liable to be tried again for the conviction is
that offence by a court-martial or by any other court. quashed

14. In the case of every appeal, or application for leave to appeal, under these Furnishing on
appeal, of
Regulations to the Court against a conviction by a court-martial, it shall be the documents
duty of the Judge-Advocate-General to furnish to the Registrar, in accordance relating to
trial
with the rules of court, the proceedings of the court-martial (including any
proceedings under the Armed forces Act, 1962 with respect to the revision of the
finding or sentence of the court-martial) the proceedings with respect to the
confirmation of the findings and sentences of the court-martial and any petition
presented by the person convicted.
15 (1) The Registrar shall take all necessary steps for obtaining the Duties of
Registrar
determination of an appeal or application under these Regulations, and shall with respect
obtain and lay before the Court in proper form all documents, exhibits and other to appeals
things relating to the proceedings in the court-martial before which the appellant
or applicant was tried which appear necessary for proper determination for the
appeal or application.
(2) The Registrar shall furnish the necessary forms and instructions
relating to applications for leave to appeal under these Regulations to any person
who demands them, to persons in charge of places where persons sentenced by
court martial may lawfully be confined for the purpose of serving their sentences
and to such other persons as he thinks fit; and every person in charge of such a
place as aforesaid shall cause the forms and instructions to be placed at the
disposal of persons confined in that place who desire to make applications for
leave to appeal under these Regulations.
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A.F.R. Appendix II

APPENDIX II TO VOLUME 2—contd.

L.I.622 ARMED FORCES (COURT-MARTIAL APPEAL COURT)

REGULATIONS, 1969

Special 16. (1) If, in the case of the conviction of a person by a court-martial, it
reference to
the Court appears to the Judge-Advocate-General that the finding of the court-martial
involves a point of law of exceptional importance which in his opinion should be
determined by the Court, the Judge-Advocate-General may refer the finding to the
Court and a reference under this regulation shall, for the purposes of the fore-
going provisions of these Regulations (other than those of regulation 11 of these
Regulations) be treated as an appeal by the person convicted against his
conviction.
(2) Where, on a reference under this regulations, the person convicted
appears before the Court, the Court shall direct the payment by the Armed Forces
of such sums as appear to the court reasonably sufficient to compensate the
person convicted for any expenses properly incurred by him for the purposes of
his appearance and may, if the Court thinks fit, also direct the payment by the
Armed Forces of such sums as appears to the Court reasonably sufficient to
compensate that person for any expenses properly incurred by him in carrying on
his defence before the court-martial by which he was convicted or before any
other court martial before which were begun, but not concluded, proceedings for
the offence with which he was charged before the court-martial by which he was
convicted.

Exercise of 17. The powers of the Court under these Regulations:—

certain
powers of (a) to give leave to appeal;
the Court (b) to extend the period within which an application for leave to
by a judge
thereof. appeal must be lodged;
(c) to grant an applicant legal aid;
(d) to allow an appellant to be present at any proceedings under these
Regulations;
(e) to make an order under regulation 11 (2) of these Regulations for
the payment of costs,
may be exercised by any judge of the Court in the same manner as they may be
exercised by the Court, and the subject to the same provisions; but, if the judge
refuses an application on the part of an appellant to exercise in his favour any of
the powers mentioned in paragraphs (a) to (d) of this regulation, the appellant,
upon making a requisition in that behalf within the prescribed form and manner,
shall be entitled to have the application determined by the Court as duly
constituted for the hearing and determining of appeals under these Regulations.

251
C.I. 12.
Appendix II A.F.R.

APPENDIX II TO VOLUME 2—contd.

ARMED FORCES (COURT-MARTIAL APPEAL COURT) L.I. 622.

.REGULATIONS, 1969

18. (1) Any expenses incurred under these Regulations by the Armed Expenses
and
Forces shall be defrayed out of moneys provided by the Government. Receipts.
(2) Any sums which, by virtue of regulations 11 (2) (a) of these
Regulations, are recovered from any person by the Armed Forces shall be paid
into the Consolidated Fund.

19. In these Regulations, unless the context otherwise requires— Interpreta-

(a) “prescribed” means prescribed by the rules of court set out in Part I tion

of the Schedule to these Regulations;

(b) “rules of court” means the rules of court set out as aforesaid.

SCHEDULE

PART I—RULES OF COURT

(Regulations 3)

1. In any of the circumstances specified in the first column of Part III Petitions.

of this Schedule, a petition presented by the appellant to the persons specified, in

relation to those circumstances, in the second column of that Part shall be treated,
for the purposes of regulation 4 of these Regulations as having been presented to
the appropriate authority.

2. (1) A person desiring to appeal to the Court against his Applications

for leave to
conviction by a court-martial shall make application for leave to appeal in Form 1 appeal and
and shall answer the questions and comply with the requirements set forth therein. notices
(2) An application for leave to appeal and any notice required
or authorised to be given to the Court under these Rules, other than a notice of
abandonment, shall be signed by the appellant or by his representative. A notice
of abandonment shall be signed by the appellant himself.
(3) An application for leave to appeal and any notice required
or authorised to be given to the Court under these Rules shall, subject to the next
following paragraph, be addressed to the Registrar of the Court-martial Appeal
Court, at the Supreme Court, Accra or such other place as the Chief Justice may
direct.

252
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A.F.R. Appendix II

APPENDIX II TO VOLUME 2—contd.

L.I.622. ARMED FORCES (COURT-MARTIAL APPEAL COURT)

.REGULATIONS, 1969

(4) In any of the circumstances specified in the first column of part III
of this Schedule any application or notice which is required or authorised to be
given to the Court under these Rules may be lodged with the person specified, in
relation to those circumstances, in the second column of that Part.

(5) Where any application or notice is lodged with a person other than
the Registrar in accordance with paragraph 4 of this rule, it shall be the duty of
that person—

(a) to forward the said application or notice to the Registrar

with as much expedition as practicable;

(b) if it appears to that person that it is practicable to furnish

the Registrar, before the receipt by him of the application
or notice, with such particulars of the application or notice
as will enable him to prepare a copy of it, and that in all
circumstances it is expedient so to do, forthwith to furnish
him with those particulars.

Abandon- (6) Where an appellant, or any other person required or authorised to

ment
of appeal
make an application or give any notice for the purposes of these Rules, is unable
to write, he may affix his mark thereto in the presence of a witness who shall
attest the same, and thereupon such application or notice shall be deemed to be
signed by the appellant.

3. An appellant may, at any time after he has made application for leave to
appeal, abandon his appeal by giving to the Registrar notice of abandonment thereof
in Form 3.

Time for 4. (1) The period within which a person convicted by a court-martial other
presenting than a person sentenced to death must, as a condition precedent to the exercise of
petitions
and giving his right of appeal, present, under regulation 4 (a) of these Regulations to the
notices appropriate authority a petition praying that his conviction be quashed shall be 90
days next following that on which the finding of the court-martial was
promulgated.

253
C.I. 12.
Appendix II A.F.R.

APPENDIX II TO VOLUME 2—contd.

ARMED FORCES (COURT-MARTIAL APPEAL COURT) L.I.622

.REGULATIONS, 1969
(2) The period at the expiration of which, by virtue of regulation 4 (b)
of these Regulations, a person not previously notified that his petition has not
been granted becomes entitled to exercise his right of appeal, shall—
(a) if the applicant was, at the time of presenting his petition,
in Ghana, be 40 days next following that on which he
presented his petition;
(b) if the appellant was, at the time of presenting his petition,
outside Ghana, be 60 days next following that on which he
presented his petition
(3) The period within which an application for leave to appeal to the
Court must under regulations 5 (1) of these Regulations be lodged, shall be 10
days beginning with the day on which the appellant’s right to appeal to the Court
becomes exercisable.
5. A notice of application to the Court for an extension of time within Extension
which to make application for leave to appeal, shall be in form 2, and shall either of time
be sent to the Registrar with the application for leave to appeal or shall be lodged
in accordance with Rule 2 (4), with the application for leave to appeal.
6. (1) A judge of the Court, exercising the powers of the Court under Application
to a single
regulation 17 of these Regulations, may sit wherever convenient. judge
(2) Where any application has been dealt with by a judge in exercise
of the powers of the Court under regulation 17 of these Regulations, the Registrar
shall notify the appellant of the decision.
(3) The period within which an appellant, if the judge refuses an
application on the part of the appellant to exercise in his favour any of the powers
mentioned in regulation17 (a) to (d) of these Regulations, must under the said
regulation make a requisition to have the application determined by the Court,
shall be 10 days next following that on which he receives notification under
paragraph 2 of this rule; and the form in which that requisition shall be made shall
be that set out in form 4.
(4) A Judge who has refused an application, in exercise of the
powers of the Court under the said regulation 17, may sit as a member of the
Court determining such application.
7. (1) The Registrar, on receipt by him of an application for leave to Court-
appeal under the Armed Forces Act, 1962 or where reference is made under martial Proceedings.
regulation 16 of these Regulations, shall request the Judge-Advocate-General to
furnish to him the proceedings of the court-martial and any petition presented by
the appellant praying that his conviction be quashed.

254
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A.F.R. Appendix II

APPENDIX II TO VOLUME 2—contd.

L.I. 622. ARMED FORCES (COURT-MARTIAL APPEAL COURT)

REGULATIONS, 1969
(2) After an application is finally refused or is withdrawn or the appeal
is determined or abandoned, the proceedings of the court-martial and any petition
shall, subject to any order which the court may make, be returned by the Registrar
to the Judge-Advocate-General.
(3) A copy of any document which is required for the use of the Court
may be made by such person and in such manner as the Registrar may direct.

Copies of 8. (1) At anytime after the Registrar has received an application, an appellant
proceedings or respondent may, subject to the provisions of these Rules, obtain from the
Registrar copies of any document in his possession for the purpose of his appeal.
(2) Copies of any documents shall be supplied by the Registrar to the
appellant at a charge, to be paid in stamps, not exceeding four new pesewas a
folio; but if the appellant had been assigned free legal aid the Registrar shall,
unless he considers it unnecessary for the purpose of the appeal, supply such
copies free of charge.

Documents 9. (1) The Registrar may, on an application made to him by the appellant
and Exhibits
or respondent, or where he considers it necessary for the proper determination of
any appeal or application, and shall, where so directed by the Court obtain and
keep available for use by the Court any document or exhibit, and, subject to the
next following rule, pending the determination of the appeal or application, such
document or exhibit and the proceedings of the Court-martial shall be open, as
and when the Registrar may arrange, for inspection by the appellant or
respondent.
(2) Subject to the provisions of the next following rule, the Court may,
at any stage of an appeal, wherever it thinks it necessary or expedient in the
interest of justice so to do, order any document, exhibit or other thing connected
with the proceedings to be produced to the Registrar or before it, by any person
having the custody or control thereof.
(3) After an application is finally refused or is withdrawn or the appeal
is determined or abandoned, documents and exhibits shall, subject to any order
which the Court may make, be returned by the Registrar to the person who
produced or forwarded the same.
(4) Service of any order under this rule shall be personal service unless
the Court otherwise orders.

Security 10. If the Attorney-General or any person authorised in that behalf, certifies
of docu-
ments, etc. that, or for reasons of security, the whole or part of the proceedings or other
document, exhibit or other thing ought not to be disclosed subject to certain
 255
C. I. 12.
Appendix II A.F.R

APPENDIX II TO VOLUME 2—contd.

ARMED FORCES (COURT-MARTIAL APPEAL COURT) L.I. 622.

REGULATIONS, 1969
conditions specified by the person who so certifies, the Registrar shall,
notwithstanding any provision of these Rules to the contrary, not permit
inspection or supply a copy thereof without an order of the Court which
may direct upon what conditions, if any, inspection shall be permitted or a
copy supplied

11. Nothing in these Rules shall affect any rule of law which authorises or Rules not to
affect law
requires the withholding of any document or the refusal to answer any question on permitting non-
the ground that the disclosure of the document or the answering of the question disclo-sure on
ground of public
would be injurious to the public interest. interest,
Witnesses.
12. (1) An order of the Court that a witness shall attend and be examined
shall be in form 5 and shall specify the time and place at which to attend.
(2) Such order may be made on the application at anytime by the
appellant or respondent, but if the appellant is in custody and is not legally
represented the application shall be made by him in form 6.
(3) Where the Court orders the examination of any witness to be
conducted otherwise than before the Court itself, such order shall specify the
person appointed as examiner to take the examination, the place thereof and the
witness to be examined.
(4) The Registrar shall, subject to the provisions of rule 10 and any
direction given by the Court, furnish to the person appointed to take an
examination such document, exhibit or other thing relating to the appeal as he
may require, or the Registrar may furnish copies thereof made in such manner as
may be suitable. Such document and exhibit and other thing shall, after the
examination has been concluded, be returned to the Registrar by the examiner
together with any depositions taken by him under this rule.
(5) When the examiner has appointed the day and the time for the
examination he shall request the Registrar to notify the appellant and respondent
thereof, and also, when the appellant is in custody, the person in-charge of the
place where the appellant is in confined, and the Registrar shall thereupon cause
to be served on every witness to be examined a notice in Form 5.
(6) An examiner shall have power to administer an oath to, or take the
affirmation of, any witness, and to require any such person to take such oath or
make such affirmation and to answer any question to which the examiner may
legally require an answer.

256
 C. I. 12.
A.F.R Appendix II

APPENDIX II TO VOLUME 2—contd.

L.I. 622. ARMED FORCES (COURT-MARTIAL APPEAL COURT)

REGULATIONS, 1969
(7) The examination of every witness before an examiner shall be
taken in the form of a deposition, and unless otherwise ordered shall be taken in
private. The caption in Form 7 shall be attached to any such deposition.

(8) Service of any order or notice required by this rule to be given to

any witness shall be personal service, unless the Court otherwise orders.

Special Com- 13. (1) When an order of reference is made by the Court under regulation
missioner
6 (1) (e) of these Regulations the question to be referred, and the person to whom
as special commissioner the same shall be referred, shall be specified in such
order which may require the special commissioner to make interim reports to the
Court from time to time.
(2) The Court may order that copies of any report made by a special
commissioner shall be furnished to the appellant and respondent.

Register and 14. (1) The Registrar shall keep a register of all cases in which he shall
cause list.
receive application for leave to appeal under the Armed Forces Act, 1962 and the
register shall be opened for public inspection in such place and at such hours as
the Registrar, subject to the approval of the Court, shall decide.

(2) The Registrar shall also prepare a list of appeals and applications
which the Court may consider on the days on which the Court, as constituted for
the hearing and determination of appeals under the Armed Forces Act, 1962, shall
sit, and shall cause such list to be published at such times, in such places and in
such a manner as he, subject to the approval of the Court, shall think convenient
for giving due notice to any parties interested therein of the hearing of the cases in
such list by the Court.

Presence of 15. Where an appellant is in custody and has obtained leave to be present at
appellant at
hearing the hearing and determination of his application or appeal, or at an examination or
investigation, or at any stage thereof, the Registrar shall notify the appellant, the
person in charge of the place where the appellant is confined, and the Armed
Forces or the Director of Prisons, as the case may be, of the probable date thereof.

Notifying 16. (1) On the Final determination of any appeal or of any application, the
results of
appeal, etc. Registrar shall, unless it appears to him unnecessary to do so, give to the
appellant, the respondent , and, where the appellant is in custody, to the person in
charge of the place where he is confined, written notice of the determination.

257
C. I. 12.
Appendix II A.F.R

APPENDIX II TO VOLUME 2—contd.

ARMED FORCES (COURT-MARTIAL APPEAL COURT) L.I. 622.

REGULATIONS, 1969

(2) In the case of an appeal against a conviction involving sentence of

death, the Registrar shall, on receiving an application for leave to appeal, send a
copy thereof to the Armed Forces, and, where leave to appeal is refused and on
the final determination of an appeal, shall forthwith give written notice to the
appellant, and to the Armed Forces, and to the person in charge of the place where
the appellant is confined.

17. In any proceedings before the Court any of the following persons may Right of
address the Court: Audience

(a) a lawyer retained by or on behalf of the appellant or respondent;

(b) the appellant, if he has any leave of the Court to be present; and

(c) where the Court is directed to sit at a place outside Ghana, any
other person allowed by leave of the Court to appeal on behalf of the
appellant or respondent.

18. Non-compliance with these Rules by an appellant shall not prevent the Non-com-
pliance with
further prosecution of his appeal, unless the Court or a judge thereof otherwise Rules
directs. The Registrar shall forthwith notify the appellant of any directions given
by the Court or a judge thereof under this rule, where the appellant was not
present at the time when such directions were given.

19. The performance of any duty imposed upon any person under the Armed Enforce-
ment of
Forces Act, 1962 or under these Regulations may be enforced by order of the duties.
Court.

20. (1) In these Rules, unless the context otherwise requires— Interpreta-
(a) “Exhibits” means all documents and things which have been tion

produced and used in evidence at a trial by court-martial, whether

they are attached to the proceedings of the court-martial or not.
(b) “Respondent” means the authority which under regulation 10 of
these Regulations has a duty of undertaking the defence of the
appeal.
(2) A form referred to by number means the Form so numbered in Part
II of this schedule, or a form as near thereto as circumstances permit.

258
 C. I. 12.
A.F.R Appendix II

APPENDIX II TO VOLUME 2—contd.

L.I. 622. ARMED FORCES (COURT-MARTIAL APPEAL COURT)

REGULATIONS, 1969

PART II—COURT-MARTIAL APPEAL COURT FORMS

FORM 1

TO THE REGISTRAR OF THE COURT-MARTIAL APPEAL COURT, THE

SUPREME COURT, ACCRA

APPLICATION FOR LEAVE TO APPEAL AGAINST CONVICTION

Name of Appellant……………………………………....Number….……………...

Unit or Ship…………………………………………….Rank ……….……………

Convicted by court-martial held at …………………………………….…………..

Offence of which convicted ……………………………………….……………….

Sentence……………………………………….………….…Date when conviction

pronounced or finding promulgated ……………………………………………….

Date when petition presented……….……………………………….…..Date when

notified that petition refused ……………………………………………………….

(1) If not in Name of prison or place of detention (1) …………………………………………..

custody set
out Appel-
lant’s
………………………………………………………………………………………
address in
full.

(2) Here set out I, the above-named Appellant hereby give you notice that I desire to appeal to the
clearly and
concisely
Court-Martial Appeal Court against my conviction on the following grounds (2)
reasons why
you consider ………………..……………………………………………………………………..
your
conviction
should be
………………………………………………………………………………………
quashed

259
C. I. 12.
Appendix II A.F.R

APPENDIX II TO VOLUME 2—contd.

ARMED FORCES (COURT-MARTIAL APPEAL COURT) L.I. 622.

REGULATIONS, 1969

(Signed) (3)……………………………………..………………Appellant (3) this notice

must be
Dated the (4) ………………………day of …………………………, 19 …… signed by the
appellant or
Questions (5) Answers by his
representativ
1. Have you been granted legal aid by the e. If the
Service Authorities for the purposes of appellant
your appeal? If not, answer question 2. ……………………………… cannot write
he must affix
his mark in
2. Do you desire the Court to assign you the presence
Legal aid? ……………………………… of a witness.
The name
and address
If your answer to this question is “Yes” then answer the following questions:— of such
(a) What pay, salary, income or attesting
witness must
allowances were you receiving be given.
before your conviction? ………………………………
(4) If this form
(b) What other means have you? ……………………………… is lodged
(This information is required to more than
show whether your means are ten days
after the
insufficient to enable you to appellant has
obtain legal aid for yourself). become
entitled to
apply for
3. Is any lawyer or other person now leave to
acting for you? If so, give his name appeal he
and address ……………………………… must also fill
in Form 2,
and send it
……………………………… with this
4. Do you desire to be present when the form
Court considers your appeal? …..…………………………..

5. Do you desire to apply for leave to call (5) The appel-

any witnesses on your appeal? …...…………………………. lant must
If your answer to this question is answer these
questions.
“Yes”, you must also fill in Form 6,
and send it with this form.

260
 C. I. 12.
A.F.R Appendix II
APPENDIX II TO VOLUME 2—contd.
L.I.622. ARMED FORCES (COURT-MARTIAL APPEAL COURT)
REGULATIONS, 1969
FORM 2
TO
THE REGISTRAR OF THE COURT-MARTIAL APPEAL COURT, THE
SUPREME COURT,
ACCRA

NOTICE OF APPLICATION FOR EXTENSION OF TIME WITHIN

WHICH TO APPLY FOR LEAVE TO APPEAL
(1) Insert
name, I, (1)…………………………………………………………………...............
number,
rank and
unit or ....................................................................................................................................
ship.
(2) State
shortly the having been convicted of the offence of (2).……………………………………….
offence or
offences.
……………………………………………………………………….……..............

by court-martial held at ……………………………….………...on the….……......

(3) Set out day of ……………………..……..19….…,and being now at (3)…………….….

address in
full. ………………………………………………………………………………………

(1) Here set give you notice, that I hereby apply to the Court for an extension of the time
out clearly within which I may give notice of application for leave to appeal, on the grounds
and
concisely
of the following (4):—
the reasons ………………………………………………………………………………………
for the
delay in
giving such
………………………………………………………………………………………
notice, and
the ………………………………………………………………………………………
grounds on
which you
submit the ………………………………………………………………………………………
Court
should (Signed)……………………………….…..
extend the
time . Appellant

Dated the ………………….. day of …………………., 19 …..

Form 1 must be filled up and sent with this notice to the Registrar.

261
C. I. 12.
Appendix II A.F.R
APPENDIX II TO VOLUME 2—contd.
ARMED FORCES (COURT-MARTIAL APPEAL COURT) L.I.622.
REGULATIONS, 1969

FORM 3
To
THE REGISTRAR OF THE COURT-MARTIAL APPEAL COURT,
THE SUPREME COURT,
ACCRA

NOTICE OF ABANDONMENT

Name of appellant ……………………………………………Number …………...

Unit or ship ………………………………………….Rank………………………..

Convicted by court-martial held at…........................................................................

………………………………………………………………………………………

Offence of which convicted………………………………………………………...

Name of prison or place of detention (1) …………………………………….......... (1) If not in

custody
………………………………………………………………………………........... set out
Appellant’s
address in
………………………………………………………………………………........... full.
I, the above-named Appellant, having been convicted and sentenced
as above stated and having duly sent to the Registrar of the Court
notice that I desired to appeal DO NOW HEREBY GIVE NOTICE that I do not
intend further to prosecute my appeal but THAT I HEREBY ABANDON
all proceedings in regard thereto as from the date hereof.

Dated the…….day of ………….……………….19…………

Signed (2)…………………………………………………………………... (2) This notice

must be
signed in the
…………………………………………….Appellant. presence of a
This notice was signed by the above-named Appellant on the day above stated in witness.
my presence.
Signature of Witness ……………………………………………………………….
Address of Witness ………………………………………………………………...
Occupation of Witness ……………………………………………..........................
262
 C. I. 12.
A.F.R Appendix II
APPENDIX II TO VOLUME 2—contd.
L.I.622. ARMED FORCES (COURT-MARTIAL APPEAL COURT)
REGULATIONS, 1969

FORM 4
TO THE REGISTRAR OF THE COURT-MARTIAL APPEAL COURT, THE SUPREME
COURT,
ACCRA

NOTICE OF APPEAL FROM JUDGE UNDER

REGULATION 17 OF THESE REGULATIONS
(1) Insert I, (1)………..……………………………………………………………………………..
name,
number, having received your notification that my applications for—
rank and (a) Leave to appeal;
unit or (b) Extension of the period within which application for leave to appeal may be
ship made;
(c) Legal aid;
(d) Permission to be present at the proceeding in the appeal;
have been refused by a Judge of Court,
DO HEREBY GIVE YOU NOTICE that I desire that the said applications shall be considered and
determined by the full court.

(Signed)……………………………………………………………...Appellant.

Dated the…………………..day of………………………, 19 ………

(2) You must If you wish to state any reasons, in addition to those set out by you in your
not repeat original application (2), upon which you submit that the Court should grant this
reasons that
you have application, you may do so in the space below:
already
stated in ………………………………………………………………………………
previous
applications.
………………………………………………………………………………

FORM 5
From THE REGISTRAR OF THE COURT-MARTIAL APPEAL COURT, THE SUPREME
COURT, ACCRA.

ORDER TO WITNESS TO ATTEND FOR EXAMINATION

(1) Name and To (1)………………………………………………………………………..
address of
witness.
………………………………………………………………………………

263
C. I. 12.
Appendix II A.F.R
APPENDIX II TO VOLUME 2—contd.
ARMED FORCES (COURT-MARTIAL APPEAL COURT) L.I.622.
REGULATIONS, 1969

Whereas, on good cause shown to the Court-Martial Appeal court, you (2) Name,
number,
have been ordered to attend and be examined as a witness before the court and and rank of
Examiner upon the appeal of (2) appellant.
………………………………………………………………………………………

This is to give you notice to attend before the Court/Examiner at………...O’clock

in the …………………….noon on the day of …………………19……., at the
Supreme Court, Accra (3). (3) Or other
You are also required to have with you at the said time and place the address for
examinat-
following books, papers or other things relating to the appeal. ion.

…………………………….
Registrar

Dated the ………………………day of........................…..........., 19………

FORM 6

To THE REGISTRAR OF THE COURT-MARTIAL APPEAL COURT, THE

SUPREME COURT, ACCRA.

APPELLANT’S APPLICATION TO CALL FURTHER EVIDENCE

(1) Insert name,
I, (1)…………………………………………………………………. having applied number, rank
for leave to appeal to the Court-Martial Appeal court, hereby give notice that I desire the and unit or
Court to order the following witness(es) to attend the Court and be examined on my ship.
behalf.
(Signed)………………………………...
Appellant

Dated the ……………………….……day of ………………….., 19 …………

You are required to complete the following Form (2) (2) If more than
one witness
is desired, the
1. Name and address of witness …………………………………………….. information
must be
……………………………………………………………………………. given in
respect of
2. Was the witness examined at your court martial?.……………………….. each witness.

264
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A.F.R. Appendix II
APPENDIX II TO VOLUME 2—contd.
L.I.622. ARMED FORCES (COURT-MARTIAL APPEAL COURT)
REGULATIONS, 1969

3. If not, state the reason why he was not examined ……………………..………….

……………………………………………………………………………….…….

4. State shortly the evidence you think he can give ……………………….……........

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

……………………………………………………………………………………..

ARMED FORCES (COURT-MARTIAL APPEAL COURT)

REGULATION, 1969

FORM 7

CAPTION FOR DEPOSITION OF WITNESS EXAMINED BEFORE

EXAMINER
...............................................................................................................................Appellant.
The depositions on oath taken before me the undersigned being an Examiner duly
appointed by the Court-Martial Appeal Court, of ……………… of..….…………… and
……………………………………of ……………… witnesses, examined before me
under an order of the said Court dated ….day of ………19…, in the presence of the said
……………………….. appellant (or of his lawyer) and the respondent (or his lawyer) at
………………… on the …. day of ….....19……, which said appellant and respondent
(personally, or by their lawyers respectively) had full opportunity of asking questions of
the said witnesses, to whom the depositions following were read by me before being
signed by them the said witnesses respectively.

The deposition of ……………. of …………………………………………………

who upon oath administered by me saith as follows:—
(Here follows deposition)
………………………………………………………………………………………………

(Signed) ……………………….Witness.

Taken before me the..…………day of ……………………………,19……………

……………………………………………………………………………………………...
…………..…………………………...Examiner.

265
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Appendix II A.F.R
APPENDIX II TO VOLUME 2—contd.
ARMED FORCES (COURT-MARTIAL APPEAL COURT) L.I.622.

REGULATIONS, 1969
PART III—APPROPRIATE AUTHORITIES Reg. 4
rule 1,
Person to whom a petition rule 2 (4).

is presented under rule 1 or

Circumstances Person with whom an
Application or Notice is
Lodged under rule 2 (4).

1. Appellant serving with Army or Air 1. Officer commanding the Unit

Force Unit or Naval Establishment. or Establishment.

2. Appellant serving in or in custody on 2. The Captain of the Ship.

Board a Ghana Navy Ship.
3. Appellant confined in a detention 3. Officer-in-charge of the Barrack.
Barrack.
4. Appellant confined in a civil prison. 4. The Director of Prisons.

5. Appellant who is a civilian and is 5. Officer commanding at the nearest

outside Ghana. Army, Navy or Air Force
Headquarters.

BRIGADIER A. A. AFRIFA

Chairman of the National Liberation Council

Date of Gazette notification: 30th May, 1969.

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Armed Forces Act, 1962 Act 105

ARRANGEMENT OF SECTIONS

PART 1—ORGANISATION

Section
1. Raising of the Armed Forces.
2. Composition of each force.
3. Composition of Regular Force.
4. Composition of Regular Reserve.
5. Composition of Volunteer Force and Volunteer Reserve.
6. Full time service and active service.
7. Reserve and Volunteer Forces on training.
8. Supreme Commander, etc.
9. Employment of civilians.
10. Board of Inquiry.
11. Defence Committee.

PART II—PERSONS SUBJECT TO CODE OF SERVICE DISCIPLINE, SERVICE

OFFENCES, ETC.

12. Persons subject to the Code of Service Discipline.

13. Aiding or abetting commission of offence, etc.
14. Offences by persons in command when in action.
15. Offences by any person in presence of enemy.
16. Offences relating to security.
17. Offences relation to prisoners of war.
18. Offences relating to operations.
19. Mutiny with violence.
20. Mutiny without violence.
21. Offences connected with mutiny.
22. Disobedience of lawful command.
23. Striking or offering violence to a superior officer.
24. Insubordinate behaviour.
25. Quarrels and disturbances.
26. Disorders
27. Desertion.

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Section
28. Connivance at desertion, etc
29. Absence without leave.
30. False statement in respect of leave.
31. Abuse of inferiors.
32. Scandalous conduct by officers, etc.
33. Drunkenness.
34. Malingering or maiming.
35. Unnecessary detention of person in custody.
36. Negligent or wilful interference with lawful custody.
37. Escape from custody.
38. Obstruction of police duties, etc.
39. Obstruction of civil power.
40. Offences in relation to convoys.
41. Losing, stranding or hazarding vessels.
42. Wrongful acts in relation to aircraft, etc.
43. Low flying.
44. Inaccurate certificate.
45. Disobedience of captain’s orders.
46. Disturbances, etc, in billets.
47. Offences in relation to documents.
48. Conspiracy.
49. Causing fires.
50. Unauthorised use of vehicles.
51. Destruction, loss of improper disposal.
52. Stealing, etc.
53. False accusation, etc.
54. Conduct to the prejudice of good order and discipline.
55. Miscellaneous offences.
56. Conviction of related or less serious offences.

PART III—TRAIL AND PUNISHMENT OF SERVICE OFFENCE

57. Arrest generally.

58. Powers of officers and men relating to arrest.
59. Appointment and powers of special appointed personnel.
60. Disposal of person arrested.

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Section
61. Report of delay of trial, etc.
62. Alleged charge to be reported to commanding officer, etc.
63. Trials by commanding officers, etc.
64. Trials by superior commanders.
65. Convening authorities.
66. Number of members of general court martial, etc
67. Jurisdiction of general court martial.
68. Judge advocate.
69. Ineligibility to serve on general court martial.
70. Number of members of disciplinary court martial.
71. Jurisdiction of disciplinary court martial.
72. Punishment by disciplinary court martial.
73. Judge advocate of disciplinary court martial.
74. Ineligibility to serve on disciplinary court martial.
75. Principles of civil court to be observed generally.
76. Offences in respect of service tribunals.
77. Service trial of civil offences.
78. Scale of punishments.
79. No limitation.
80. Time bar.
81. Autrefois acquit and autrefois convict.
82. Quashing of findings for service tribunals.
83. Substitution of findings for original findings of service tribunals.
84. New Trial.
85. Substitution of punishments for original punishments of service
tribunals.
86. President’s power to mitigate punishments, etc.
87. Effect of new punishments.
88. Saving provision.
89. Establishment of Court-Martial Appeal Court, etc.
90. Jurisdiction of Court-Martial Appeal Court.
91. Special power of Court-martial Appeal Court to disallow appeal.
92. Court-Martial Appeal Court to set aside appeal, etc.

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Section
93. Substitution of new punishment for illegal punishment set aside.
94. New punishments subject to President’s power of mitigation.
95. Jurisdiction of civil courts.
96. Certificate of civil court.

PART IV—GENERAL

97. Regulations.
98. Interpretation.
99. Continuance of existing Forces.
100. Application of Act to boys.
101. Repeals and savings.
102. Commencement.

SCHEDULE

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Act 105

THE HUNDRED AND FIFTH

ACT
OF THE PARLIAMENT OF THE REPUBLIC
OF GHANA

ENTITLED

THE ARMED FORCES ACT, 1962

AN ACT to provide for the raising and maintenance of the Army, Navy
and Air Force of Ghana, for matters connected therewith and for
the repeal of certain enactments relating to the existing forces
and other defence matters.

DATE OF ASSENT: 21ST February, 1962

WHEREAS by Article 53 of the Constitution it is provided that no armed force

shall be raised except under the authority of an Act of Parliament:
AND WHEREAS by Article 8 of the Constitution it is provided that the
President shall be Commander-in-Chief of the Armed Forces:
AND WHEREAS by Article 54 of the Constitution it is further provided
that the powers of the Commander-in-Chief of the Armed Forces shall include
the power to commission persons as officers in the said Forces and to order any
of the said Forces to engage in operations for the defence of Ghana, for the
preservation of public order, for relief in cases of emergency or for any other
purpose appearing to the Commander-in-Chief to be expedient:
AND WHEREAS by section (2) of the said Article 54 of the
Constitution it is also provided that the Commander-in-Chief shall have power,
in a case where it appears to him to be expedient to do so for the security of the

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State, to dismiss a member of the Armed Forces or to order a member of the

Armed Forces not to exercise any authority vested in him as a member thereof
until the Commander-in-Chief otherwise directs:
NOW, THEREFORE, BE IT ENACTED by the President and the
National Assembly in this present Parliament assembled as follows:

PART I—ORGANISATION
Raising of 1. There shall be raised and maintained in accordance with the
Armed provisions of this Act and of regulations made thereunder, an army, navy and
Forces.
air force, to be known as the Army of Ghana, Navy of Ghana and Air Force of
Ghana, not exceeding such strength as may from time to time be determined
by Parliament.
Composi- 2. (1) The Army of Ghana, Navy of Ghana and Air Force of
tion of each Ghana shall each consist of—
Force.
(a) a Regular Force,
(b) a Regular Reserve, and
(c) if a Volunteer Force and a Volunteer Reserve are
maintained under section 5, such volunteer Force
and Volunteer Reserve.
(2) Each Regular Force, Regular Reserve, Volunteer Force and
Volunteer Reserve shall consist of such units and other elements and shall be
under the immediate supervision and control of such officers, as may be
prescribed.
Composition 3. Each Regular Force shall consist of –
of Regular
Force.
(a) officers commissioned by the President under the
Constitution and
(b) men enrolled in accordance with regulations made under
this Act, for the purpose of rendering continuous service
during the period of their engagement.
Composition
of Regular
4. Each Regular Reserve shall consist of officers whom the President
Reserve. has transferred to such reserve and men who have been transferred thereto in
accordance with the terms of their enrolment.
Composition 5. (1) There may be raised and maintained in accordance with the
of Volunteer
Force and
provisions of this Act and of any regulations made thereunder for the Armed
Volunteer Forces Volunteer Forces consisting of such units or elements as may be
Reserve. deemed necessary by the President for the purpose of rendering service under
this Act.
(2) There may be organized and maintained for the Armed
Forces Volunteer Reserves consisting of such officers and soldiers of the

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Volunteer Forces or of any other unit of the Armed Forces as are transferred to
such Reserves by order of the
President.
6. (1) Each Regular Force or part thereof shall be on Full-time
continuing, full-time military service and shall at all times be liable to be service and
active service.
employed on active service.
(2) The President may order, in such manner as may be
prescribed, the whole or any part of any regular Reserve or Volunteer Force or
Volunteer Reserve to be on continuing full-time military service and on such
order being made such Reserve, Force or part thereof shall be on such service,
and during service such Reserve, Force or part thereof shall at all times be liable
to be employed on active service.
(3) Where the whole or any part of Regular Reserve or
Volunteer Force or Volunteer Reserve has been ordered under subsection (2) to
be on continuing full-time military service, the officers and men of such Force,
Reserve, or part thereof shall, during the period of such service, be deemed for
all purposes, except for such purposes as may be prescribed, to be a part of the
corresponding Regular Force.
(4) All officers and men ordered to be on continuing full-
time military service under subsection (2) shall remain on such service until the
President orders the termination of such service.
7. The whole or any part of any Regular Reserve or Volunteer Reserve and
Force or Volunteer Reserve may be called out for training in accordance with Volunteer
forces on
regulations made in that behalf. training.
8. (1) The President in terms of Article 8 of the Constitution is Supreme Com-
the Commander-in-Chief of the Armed Forces and shall be referred to as the mander, etc.
Supreme Commander of such Forces for the purposes of this Act, except as
otherwise provided herein.
(2) The Supreme Commander may appoint—
(a) an officer of the Armed Forces to be known as the
Chief of Defence Staff who shall, subject to the
general direction of the Supreme Commander and
such regulations as may be prescribed, be charged
with responsibility for the administration of the
Armed Forces as a whole;
(b) an officer to be Army Chief of Staff who shall,
subject to the general direction of the Supreme
Commander and such regulations as may be
prescribed, be charged with the control and
administration of the Army of Ghana;

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(c) an officer to be Chief of Naval Staff who shall, subject to

the general direction of the Supreme Commander and such
regulations as may be prescribed, be charged with the
control and administration of the Navy of Ghana; and
(d) an officer to be Chief of Air Staff of Ghana who shall,
subject to the general direction of the Supreme Commander
and such regulations as may be prescribed, be charged with
the control and administration of the Air Force of Ghana.
(3) The Chief of Defence Staff and each other Chief of Staff referred
to in subsection (2) may delegate to any officer under his command such of
his functions, other than the said function of delegation, as he may from time
to time deem expedient.
Employment 9. Civilian employees may be appointed in such numbers, for such
of civilians. purposes, in such manner and under such conditions of service, as may be
prescribed.
Board of 10. The President or any person authorised in that behalf by him or any
Inquiry. prescribed person may, where he or such person thinks it expedient that
information on any matter connected with the government, discipline,
administration or functions of the Armed Forces or affecting any officer or
men of the said Forces is necessary, convene a Board of Inquiry for
investigating and reporting on such matter. That Board of Inquiry shall be
constituted, and its procedure shall be governed, in accordance with
regulations made under his Act.
Defence 11. (1) There shall be established for the purposes of this Act a
Committee Defence Committee consisting of the Supreme Commander, the Minister
responsible for Defence, the Chief of the Defence Staff, the Army Chief of
Staff, the Chief of the Naval Staff, and the Chief of Air Staff and such other
persons as the Supreme Commander may by executive instrument in the form
of an order appoint.
(2) The Chairman at any meeting of the Defence Committee
shall be the Supreme Commander:
Provided that, if the Supreme Commander is not present at a
meeting, the Chairman shall be such person as the Supreme Commander may
appoint.
(3) The Defence Committee shall advise the Supreme
Commander on all matters connected with the control and administration of
the Armed Forces:

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Provided that, the Committee shall not concern itself with the
operational use of the Armed Forces, which shall be the responsibility of the
Chief of the Defence Staff, subject to the general direction and control of the
Supreme Commander.
PART II – PERSONS SUBJECT TO CODE OF SERVICE
DISCIPLINE, SERVICE OFFENCES, ETC.
12. (1) The Following persons, and no others, shall be subject to Persons
the Code of Service Discipline: subject to the
Code of
(a) every officer and man of each Regular Force; Service
(b) every officer and man of each Regular Reserve, Discipline.
Volunteer Force and Volunteer Reserve when he is-
(i) undergoing drill or training whether in uniform or
not,
(ii) in uniform,
(iii) on duty,
(iv) on continuing, full-time military service,
(v) on active service,
(vi) in or on any vessel, vehicle or aircraft of the
Armed Forces or in or on any defence
establishment or work for defence, or
(vii) serving with any unit or other element of a
Regular Force, or
(viii) present, whether in uniform or not, at any drill or
training of a unit or other element of the Armed
Forces;
(c) subject to such exceptions, adaptations, and modifications
as the President may by regulations prescribe, a person
who pursuant to law is attached or seconded as an officer
or man to one of the Armed Forces;
(d) every person, not otherwise subject to the Code of
Service Discipline, who is serving in the position of an
officer or man of any force raised and maintained out of
Ghana and commanded by an officer of the Armed
Forces;
(e) every person not otherwise subject to the Code of Service
Discipline, who accompanies any unit or other element of
the Armed Forces that is on service in any place;

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(f) every person, not otherwise subject to the Code of Service

Discipline, who, in respect of any service offence
committed or alleged to have been committed by him, is in
civil custody or in service custody; and
(g) every person, not otherwise subject to the Code of Service
Discipline, while serving with the Armed Forces under an
engagement whereby he agreed to be subject to that Code.
(2) Every person, subject to the Code of Service Discipline under
subsection (1) at the time of the alleged commission by him of a service
offence shall continue to be liable to be charged, dealt with and tried in
respect of that offence under such Code, notwithstanding that he may have,
since the commission of that offence, ceased to be a person mentioned in that
subsection.
(3) Every person who, since the alleged commission by him of a
service offence, has ceased to be a person mentioned in subsection (1), shall,
for the purposes of the Code of Service Discipline, be deemed, for the period
during which under that Code he is liable to be charged, dealt with and tried,
to have the status and rank that he held immediately prior to, the time when he
ceased to be a person mentioned in that subsection.
(4) Subject to subsections (5) and (6), every person who is alleged to
have committed a service offence may be charged, dealt with and tried only
within the Armed Force in which he was commissioned or enrolled.
(5) Every person who, while attached or seconded to an Armed Force
other than the Force in which he was commissioned or enrolled, may be
charged, dealt with and tried either within that other Force as if he belonged to
that other Force, or within the Force he was commissioned or enrolled.
(6) Every person who, while embarked on any vessel or aircraft of an
Armed Force in which other than the Force in which he was commissioned or
enrolled is alleged to have committed a service offence, may be charged, dealt
with and tried either within that other Force as if he belonged to that other
Force, or within the Force he was commissioned or enrolled.
(7) Every person serving in the circumstances specified in paragraph
(d) of subsection (1) who while so serving is alleged to have committed a
service offence, may be charged, dealt with and tried within the Armed Force
in which his commanding officer is serving.

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(8) For the purposes of this section, but subject to such

limitations as may be prescribed, a person accompanies a unit or other
element of the armed Forces that is on service if such person—
(a) participates with that unit or other element in the carrying
out of any of its movements, manoeuvres, duties in aid of
the civil power, duties in a disaster, or warlike operations,
(b) is accommodated or provided with rations at his own
expense or otherwise by that unit or other element in any
country or at any place designated by the President;
(c) is a dependent out of Ghana of an officer or man serving
beyond Ghana with that unit or other element, or
(d) is embarked on a vessel or aircraft of that unit or other
element.
13. (1) In addition to the person who commits an offence, every Aiding or
abetting
person who— commission
(a) does or omits an act for the purpose of aiding any of offence,
etc
person to commit the offence
(b) attempts to commit or abets any person in the
commission of the offence, or
(c) counsels or procures any person to commit the
offence,
Shall be guilty of an offence and on conviction shall be liable to the same
punishment as the person found guilty of committing that offence.
(2) Every person who, having an intent to commit an offence,
does or omits an act for the purpose of accomplishing his object shall be guilty
of an attempt to commit the offence intended, whether under the circumstances
it was possible to commit such offence or not.
(3) Where two or more persons form an intention in common to
carry out an unlawful purpose and to assist each other therein and any one of
them, in carrying out the common purpose, commits an offence, each of them
who knew or ought to have known that the commission of the offence would be
a probable consequence of carrying out the common purpose shall be guilty of
that offence.
14. Every person in command of a vessel, aircraft, defence Offences by
persons in
establishment, unit or other element of the Armed Forces who— command
(a) when under orders to carry out an operation of war or on when in
action
coming into contact with an enemy that it is his duty to engage, does not

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Act 105 Armed Forces Act, 1962

use his utmost exertion to bring the officers and men under
his command or his ship, vessel, aircraft, or his other
material into action,
(b) being in action, does not, during the action, in his own
person and according to his rank, encourage the officers
and men under his command to fight courageously,
(c) when capable of making a successful defence, surrenders
his ship, vessel, aircraft, defence establishment, material,
unit or other element of an Armed Forces to the enemy,
(d) being in action, improperly withdraws from the action,
(e) improperly fails to pursue an enemy or to consolidate a
position gained,
(f) improperly fails to relieve or assist a known friend to the
utmost of his power, or
(g) when in action, improperly forsakes his station,
shall be guilty of an offence and on conviction if he acted treasonably shall suffer
death, if he acted from cowardice shall be liable to suffer death or to any less
punishment provided by this Act, and in any other case shall be liable to dismissal
with disgrace from the Armed Forces or to any less punishment provided by this
Act.
Offences by 15. Every person subject to the Code of Service Discipline who—
any person in
presence of (a) improperly delays or discourages any action against the
enemy enemy;
(b) goes over to the enemy,
(c) when ordered to carry out an operation or war, fails to use
his utmost exertion to carry the order into effect,
(d) improperly abandons or delivers up any defence
establishment, garrison, place, material, post or guard,
(e) assists the enemy with material,
(f) improperly casts away or abandons any material in the
presence of the enemy,
(g) improperly does or omits to do anything that results in the
capture by the enemy of persons or the capture or
destruction by the enemy of material,
(h) when on watch in the presence or vicinity of the enemy,
leaves his post before he is regularly relieved or sleeps or is
drunk,
(i) behaves before the enemy in such manner as to show
cowardice, or

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(j) does or omits to do anything with intent to imperil the

success of any of the Armed Forces or of any forces
cooperating therewith,
shall be guilty of an offence and on conviction, if he acted treasonably shall
suffer death, and in any other case if the offence was committed in action, shall
be liable to suffer death or to any less punishment provided by this Act or, if the
offence was committed otherwise than in action, shall be liable to imprisonment
for life or to any less punishment provided by this Act.

16. Every person subject to the Code of Service Discipline who— Offence
relating
(a) improperly holds communication with or gives to security
intelligence to the enemy,
(b) without authority discloses in any manner whatsoever any
information relating to the numbers, position, material,
movements, preparations for operations of any of the
Armed Forces or of any forces co-operating therewith,
(c) without authority discloses in any manner whatsoever any
information relating to a cryptographic system, aid,
process, procedure, publication or document of any of the
Armed Forces or of any forces cooperating therewith
(d) makes known the parole, watchword, password,
countersign or identification signal to any person not
entitled to receive it,
(e) gives a parole, watchword, password, countersign or
identification signal different from that which he
received,
(f) without authority alters or interferes with any
identification or other signal,
(g) improperly occasions false alarms,
(h) when acting as sentry or lookout, leaves his post before
he is regularly relieved or sleeps or is drunk,
(i) forces a safeguard or forces or strikes a sentinel,
(j) does or omits to do anything with intent or prejudice the
security of the Armed Forces or any forces cooperating
therewith,

shall be guilty of an offence and on conviction, if he acted treasonably shall

suffer death, and in any other case shall be liable to imprisonment for life or to
any less punishment provided by this Act.

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Offences 17. Every person subject to the Code of Service Discipline who—
relating to (a) by want of due precaution, or through disobedience of
prisoners of
war. orders or wilful neglect of duty, is made a prisoner of war,
(b) having been made a prisoner of war, fails to rejoin the
Armed Forces when able to do so, or
(c) having been made a prisoner of war, serves with or aids the
enemy,

shall be guilty of an offence and on conviction, if he acted treasonably

shall suffer death, and in any other case shall be liable to imprisonment for
life or to any less punishment provided by this Act.

Offences 18. Every person subject to the Code of Service Discipline who—
relating to (a) does violence to any person bringing material to any of the
operations.
Armed Forces or to any Forces co-operating therewith,
(b) irregularly detains any material being conveyed to any unit
or other element of the Armed Forces or of any forces co-
operating therewith,
(c) irregularly appropriates to the unit or other element of the
Armed Forces with which he is serving any material being
conveyed to any other unit or element of such forces or of
any forces co-operating therewith,
(d) without orders from his superior officer, improperly
destroys or damages any property, breaks into any house or
other place in search of plunder,
(f) commits any offence against the property or person of any
inhabitant or resident of a country in which he is serving,
(g) steals from or with intent to steal searches, the person of
any person killed or wounded, in the course of warlike
operations,
(h) steals any money or property that has been left exposed or
unprotected in consequence of warlike operations, or
(i) takes otherwise than for the service of the Republic of
Ghana any money or property abandoned by the enemy,
shall be guilty of an offence and on conviction, if he committed any such offence
on active service, shall be liable to imprisonment for life or to any less
punishment provided by this Act, and in any other case shall be liable to dismissal
with disgrace from the Armed Forces or to any less punishment provided by this
Act.
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19. Every person who joins in a mutiny that is accompanied by Mutiny

with
violence shall be guilty of an offence and on conviction shall be liable to suffer violence.
death or to any less punishment provided by this Act

20. Every person who joins in a mutiny that is not accompanied by Mutiny
without
violence shall be guilty of an offence and on conviction, shall be liable to violence.
imprisonment for life or to any less punishment provided by this Act and, in the
case of a ringleader of the mutiny to suffer death or to any less punishment
provided by this Act.
21. Every person who— Offences
(a) causes or conspires with any other person to cause a connected
with mutiny
mutiny,
(b) endeavours to persuade any person to join in a mutiny,
(c) being present, does not use his utmost endeavours to
suppress a mutiny, or
(d) being aware of an actual or intended mutiny, does not
without delay inform his superior officer thereof,

shall be guilty of an offence and on conviction shall be liable to imprisonment

for life or to any less punishment provided by this Act.

22. Every person who disobeys a lawful command of a superior Disobedience

of lawful
officer shall be guilty of an offence and on conviction, shall be liable to command
imprisonment for life or to any less punishment provided by this Act.
23. Every person who strikes or draws or lifts up a weapon against, Striking or
or uses, or offers violence against a superior officer shall be guilty of an offence offering
violence to a
and on conviction, shall be liable to imprisonment for life or to any less superior
punishment provided by this Act. officer
24. Every person who uses threatening or insulting language to or Insubordi-
behaves with contempt towards a superior officer shall be guilty of an offence nate
behaviour.
and on conviction, shall be liable to dismissal with disgrace from the Armed
Forces or to any less punishment provided by this Act.
25. Every person who quarrels or fights with any other person who is Quarrels and
subject to the Code of Service Discipline, or who uses provoking words or disturbances.

gestures towards a person so subject tending to cause a quarrel or disturbance,

shall be guilty of an offence and on conviction, shall be liable to imprisonment
for less than two years or to any less punishment provided by this Act.

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Disorders. 26. Every person subject to the Code of Service Discipline who—
(a) being concerned in a quarrel, fray or disorder, refuses to
obey an officer, though of inferior rank, who orders him
into arrest, or strikes or uses or offers violence to any such
officer,
(b) strikes or uses or offers violence to any other person in
whose custody he is placed, whether or not such other
person is his superior officer and whether or not such other
person is subject to the Code of Service Discipline,
(c) resists an escort whose duty it is to apprehend him or to
have him in charge, or
(d) breaks out of barracks, station, camp quarters or ship, shall
be guilty of an offence and on conviction shall be liable to
imprisonment for less than two years or to any less
punishment provided by this Act.
Desertion. 27. (1) Every person who deserts shall be guilty of an offence and
on conviction, if he committed the offence on active service or when under
orders for active service, shall be liable to imprisonment for life or to any less
punishment provided by this Act, and in any other case shall be liable to
imprisonment for a term not exceeding five years or to any less punishment
provided by this Act.
(2) For the purposes of this Act a person deserts who—
(a) being on or having been warned for active service
or other important service, is absent without
authority with the intention of avoiding that service;
(b) having been warned that his vessel is under sailing
orders, is absent without authority, with the
intention of missing that vessel;
(c) absent himself without authority from his unit or
formation or from the place where his duty requires
him to be, with the intention of not returning to that
unit, formation or place,
(d) is absent without authority from his unit or
formation or from the place where his duty requires
him to be and at anytime during such absence forms
the intention of not returning to that unit, formation
or place; or
(e) while absent with authority from his unit or
formation or the place where his duty requires him
to be, with the intention of not returning to that unit,
formation or place, does any act, or omits to do

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anything, the natural and probably
consequence of which act or omission is to
prelude his return to that unit, formation or
place at the time required.
(3) A person who has been absent without authority for a
continuous period of six months or more shall, unless the contrary is proved, be
presumed to have deserted for the purposes of this Act.
28. Every person who— Connivance at
(a) being aware of the desertion or intended desertion of a desertion, etc.
person from any of the Armed Forces, does not without
reasonable excuse inform his superior officer forthwith,
or
(b) Fails to take any steps in his power to cause the
apprehension of a person known by him to be a deserter,
shall be guilty of an offence and on conviction shall be
liable to imprisonment for less than two years or to any
less punishment provided by this Act.
29. (1) Every person who absents himself without leave shall be Absence
guilty of an offence and on conviction shall be liable to imprisonment for less without
than two years or to any less punishment provided by this Act. leave.

(2) A person absents himself without leave who—

(a) without authority leaves his unit, formation of the
place where his duty requires him to be;
(b) without authority is absent from his unit,
formation or the place where his duty requires
him to be; or
(c) having been authorised to be absent from his unit,
formation or the place where his duty requires
him to be, fails to return to that unit, formation or
place at the expiration of the period for which his
absence was authorised.
30. Every person who knowingly makes a false statement for the
purpose of prolonging his leave of absence shall be guilty of an offence and on False state-
ment
conviction shall be liable to imprisonment for less than two years or to any less in respect of
punishment provided by this Act. leave.

31. Every person subject to the Code of Service Discipline who

Abuse of
strikes or otherwise ill-treats any person in the Armed Forces who by reason of inferiors
rank or appointment is subordinate to him shall be guilty of an offence and on
conviction shall be liable to imprisonment for less than two years or to any less
punishment provided by this Act.

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Scandalous 32. (1) Every officer who behaves in a scandalous manner
conduct by unbecoming of an officer shall be guilty of an offence and on conviction shall
officers, etc.
suffer dismissal from the Armed Forces with or without disgrace.
(2) Every person in the Armed Forces, who behaves in a cruel
or disgraceful manner shall be guilty of an offence and on conviction
liable to imprisonment for a term not exceeding five years or to any
less punishment provided by this Act.
Drunken- 33. (1) Every person in the Armed Forces who is drunk, whether
ness.
or not on duty, shall be guilty of an offence and on conviction shall be liable
to imprisonment for less than two years or to any less punishment provided by
this Act.
(2) For the purpose of this section, a person is drunk if owing
to the influence of alcohol or any drug, whether alone or in combination with
any other circumstances, he is unfit to be entrusted with his duty or with any
duty which he might be might be called upon to perform or behaves in
disorderly manner or in a manner likely to bring discredit on the Armed
Forces.
Malingering or 34. Every person subject to the Code of Service Discipline who—
maiming.
(a) malingers or feigns disease or produces disease or
infirmity,
(b) aggravates, or delays the cure of, any disease or infirmity
by misconduct or wilful disobedience of orders, or
(c) wilfully maims or injures himself or any other person who
is in the Armed Forces or of any force co-operating
therewith, whether at the instance of that person or not,
with intent thereby to render himself or that other person
unfit for service, or causes himself to be maimed or injured
by any person with intent thereby to render himself unfit
for service,
shall be guilty of an offence and on conviction, if he commits the offence on
active service or when under orders for active service, or in respect of a person on
active service or orders for active service shall be liable to imprisonment for life
or to any less punishment provided by this Act and in any other case, shall be
liable imprisonment for a term not exceeding fives years or to any less
punishment provided by this Act.

Unnecessary 35. Every person subject to the Code of Service Discipline who unnecessarily
detention of
person in detains any other person subject thereto in arrest or confinement without bringing
custody. him to trial, or fails to bring that other person’s case before the proper authority
for investigation, shall be guilty of an offence and on conviction shall be liable to

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imprisonment for less than two years or to any less punishment provided by this
Act.
36. Every person subject to the Code of Service Discipline who— Negligent or
(a) without authority sets free or authorises or otherwise wilful
interferences
facilitate the setting free of any person in custody, with lawful
(b) negligently or wilfully allows to escape any person who custody

is committed to his charge, or whom it is his duty to

guard or keep in custody, or
(c) assists any person in escaping or in attempting to escape
from his custody,
shall be guilty of an offence and on conviction, shall be liable to imprisonment
for a term not exceeding seven years or to any less punishment provided by this
Act.
37. Every person subject to the Code of Service Discipline who, Escape from
custody
being in arrest or confinement or in prison or otherwise in lawful custody
escapes should be guilty of an offence and on conviction shall be liable to
imprisonment for less than two years or to any less punishment provided by this
Act.
38. Every person subject to the Code of Service Discipline who— Obstruction
(a) resists or wilfully obstructs an officer or man in the of police
duties, etc.
performance of any duty pertaining to the arrest, custody
or confinement of any other person subject to the Code of
Service Discipline, or
(b) when called upon, refuses or neglects to assist an officer
or man in the performance of any such duty, shall be
guilty of an offence and on conviction shall be liable to
imprisonment for less than two years or to any less
punishment provided by this Act.
Obstruction
39. Every person subject to the Code of Service Discipline who of civil
power.
neglects or refuses to deliver over an officer or man to the civil power, pursuant
to a warrant in that behalf, or to assist in the lawful apprehension of an officer or
man accused of an offence punishable by a civil court shall be guilty of an
offence and on conviction shall be liable to imprisonment for less that two years
or to any less punishment provided by this Act.
Offences in
40. Every officer who, while serving in one of the ships or vessels of relation to
convoys
the Ghana Navy involved in the convoying and protection of another ship or
vessel—
(a) fails to defend any ship, vessel or goods under convoy,

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(b) refuses to fight in the defence of a ship or vessel in his

convoy when it is attacked, or
(c) cowardly abandons or exposes a ship or vessel in his
convoy to hazards,

shall be guilty of an offence and on conviction shall be liable to suffer death

or to any less punishment provided by this Act.

Losing, 41. Every person who wilfully or negligently or through other default
stranding or loses, strands or hazards or suffers to be lost, stranded or hazarded any of the
hazarding
ships or other vessels of the Armed Forces shall be guilty of an offence and on
vessels.
conviction shall be liable to dismissal with disgrace from those Forces or to
any less punishment provided by this Act.

Wrongful 42. Every person who—

acts in (a) in the use of, or in relation to, any aircraft or aircraft
relation on material, wilfully or negligently or by neglects of or
to aircraft,
etc.
contrary to regulations, orders or instructions, does any act
or omits to do anything, which act or omission causes or is
likely to cause loss of life or bodily injury to any person,
(b) wilfully or negligently or by neglect of or contrary to
regulations, orders or instructions, does any act or omits to
do anything, which act or omission results or is likely to
result in damage to or destruction or less of any aircraft or
aircraft material of the Armed Forces or of forces co-
operating with that Force, or
(c) during a state of war wilfully or negligently causes the
sequestration by or under the authority of a neutral state or
destruction in a neutral state of any of the aircraft of the
Armed Forces, or of any forces cooperating with that
Force,
shall be guilty of an offence and on conviction, if he acted wilfully, shall be
liable to imprisonment for life or to any less punishment provided by this Act,
and in any other case shall be liable to imprisonment for less than two years or
to any less punishment provided by this Act

Low 43. Every person subject to the Code of Service Discipline who flies
flying. an aircraft at a height less than the prescribed minimum shall be guilty of an
offence and on conviction shall be liable to imprisonment for less than two
years or to any less punishment provided by this Act.

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44. Every person who signs an inaccurate certificate in relation to an Inaccurate
aircraft or aircraft material, unless he proves that he took reasonable steps to certificate.
ensure that it was accurate, shall be guilty of an offence and on conviction shall
be liable to imprisonment for less than two years or to any less punishment
provided by this Act.
45. (1) Every person subject to the Code of Service Discipline Dis-
who, when in an aircraft, disobeys any lawful command given by the captain of obedience
the aircraft in relation to the flying or handling of the aircraft or affecting the of captain’s
orders.
safety of aircraft, whether or not the captain is subject to the Code of Service
Discipline, shall be guilty of an offence and on conviction shall be liable to
imprisonment for life or to any less punishment provided by this Act.
(2) For the purposes of this section—
(a) every person whatever his rank shall when he is in an
aircraft be under the command, as respects all matters
relating to the flying or handling of the aircraft or
affecting the safety of the aircraft, of the captain of
the aircraft, whether or not the latter is subject to the
Code of Service Discipline; and
(b) if the aircraft is a glider and is being towed by another
aircraft, the captain of the glider shall so long as his
glider is being towed be under the command, as
respects all matters relating to the flying or handling
of the glider or affecting the safety of the glider, of
the captain of the towing aircraft, whether or not the
latter is subject to the Code of Service Discipline.
46. Every person subject to the Code of Service Discipline who— Dis-
(a) ill-treats, by violence, extortion or making turbances,
disturbances, in billets or otherwise, any occupant of etc, in
billets.
a house in which he or any other person is billeted or
of any premises in which accommodation for material
of the Armed Forces has been provided, or
(b) fails to comply with regulations made under this Act
in respect of the payment of the just demands of the
person on whom he or any officer or man under his
command is or has been billeted or the occupant of
premises on which such material is or has been
accommodated,

shall be guilty of an offence and on conviction shall be liable to imprisonment

for less than two years or to any less punishment provided by this Act.

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Offences in 47. Every person who—

relation to (a) wilfully or negligently makes a false statement or entry in a
documents.
document made or signed by him that is required for the
purposes of this Act or any regulations thereunder, or who
being aware of the falsity of a statement or entry in such a
document, orders the making or signing thereof;
(b) when signing a document required for such purposes,
leaves blank any material part for which his signature is a
voucher; or
(c) with intent to injure any person or with intent to deceive,
suppresses, defaces, alters or makes away with any
document or file kept, made or issued for any such purpose,
shall be guilty of an offence and on conviction shall be liable to imprisonment
for a term not exceeding three years or to any less punishment provided by
this Act.
Conspiracy. 48. Every person who conspires with any other person, whether or not
such other person is subject to the Code of Service Discipline, to commit an
offence under the Code of Service Discipline shall be guilty of an offence and
shall be liable to imprisonment for a term not exceeding seven years or to any
less punishment provided by this Act.
Causing 49. Every person who wilfully or negligently or by neglect of or
fires. contrary to regulations made under this Act, orders or instructions, does any
act or omits to do anything, which act or omission causes or is likely to cause
fire to occur in any material, defence establishment or work for defence shall
be guilty of an offence and on conviction, if he acted wilfully, shall be liable
to imprisonment for life or to any less punishment provided by this Act and in
any other case shall be liable to imprisonment for less than two years or to any
less punishment provided by this Act.

Unautho- 50. Every person who—

rised use of (a) uses a vehicle of the Armed Forces for an unauthorised
vehicles. purpose,
(b) without authority uses a vehicle of such Forces for any
purposes, or
(c) uses a vehicle of such Forces contrary to any regulation
under this Act, order or instruction,
shall be guilty of an offence and on conviction shall be liable to
imprisonment for less than two years or to any less punishment provided
by this Act.

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51. Every person subject to the Code of Service Discipline who— Destruc-
tion, loss or
(a) wilfully destroys or damages, loses by neglect, improper
improperly sells or wastefully expends any public disposal.
property, non-public property or property of any or the
Armed Forces, or of any Forces co-operating therewith,
or
(b) sells, pawns, or otherwise disposes of any cross, medal,
insignia or other decoration,
shall be guilty of an offence and on conviction shall be liable to imprisonment
for less than two years or to any less punishment provided by this Act.
52. (1) Every person subject to the Code of Service Discipline Stealing,
Etc.
who—
(a) steals or fraudulently misapplies any property, or
(b) receives any such property knowing it to have been
stolen or fraudulently misapplied,

shall be guilty of an offence and on conviction shall be liable to imprisonment

for a term not exceeding seven years or to any less punishment provided by this
Act.
(2) In this section “stealing” shall have the same meaning as
in the Criminal Code (Act 29)
53. Every person subject to the Code of Service Discipline who— False
(a) makes the false accusation against any officer or man, accusation,
etc.
knowing such accusation to be false, or
(b) when seeking redress in a matter in which he considers
that he has suffered any personal oppression, injustice or
other ill-treatment or that he has any other cause for
grievance, knowingly makes a false statement affecting
the character of an officer or man which he knows to be
false or knowingly in respect of the redress so sought,
suppresses any material facts, shall be guilty of an
offence and on conviction shall be liable to imprisonment
for less than two years or to any less punishment
provided by this Act.
54. (1) Any act, conduct, disorder or neglect to the prejudice of Conduct to
the preju
good order and discipline shall be an offence and every person convicted dice of good
thereof shall be liable to dismissal with disgrace from the Armed Forces or to order and
discipline.
any less punishment provided by this Act.
(2) No person may be charged under this section with any
offence for which special provision is made in any other part of this Act, but the
conviction of a person so charged shall not be invalid by reason only of the
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charge being in contravention of this subsection unless it appears that an

injustice has been done to the person charged by reason of the contravention;
but the responsibility of any officer for that contravention is not affected by
the validity of the conviction.
(3) An act or omission constituting an offence under section 13, or a
contravention by any person of—
(a) any of the provisions of this Act;
(b) any regulations, orders or instructions published for the
general information and guidance of the Armed Forces to
which that person belongs, or to which he is attached or
seconded; or
(c) any general, garrison, unit, station, standing, local or other
orders,
shall be an act, conduct, disorder or neglect to the prejudice of good order and
discipline.
(4) An attempt to commit any of the offences prescribed in any other
provision of this Act shall, unless such attempts is in itself an offence
punishable under such provision, be an act, conduct, disorder or neglect to the
prejudice of good order and discipline.
(5) Nothing is subsection (3) or (4) affects the generality of subsection
(1).

Misce- 55. Every person subject to the Code of Service Discipline who—
llaneous (a) connives at the exaction of an exorbitant price for property
offences. purchased or rented by a person supplying property or
services to the Armed Forces,
(b) improperly demands or accepts compensation,
consideration or personal advantage in respect of the
performance of any military duty or in respect of any
matter relating to the Armed Forces,
(c) receives directly or indirectly, whether personally or by or
through any member of his family or person under his
control, or for his benefit, any gift, loan, promise,
compensation or consideration, either in money or
otherwise, from any person, for assisting or favouring any
person in the transaction of any business relating to any of
the Armed Forces, or to any forces co-operating therewith
or to any mess, institute or canteen operated for the use and
benefit of members of such forces,

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(d) demands or accepts compensation, consideration

or personal advantage for convoying a vessel
entrusted to his care.
(e) being in command of a vessel or aircraft, takes or
receives on board goods or merchandise that he is
not authorised to take or receive on board, or
(f) commits any act of a fraudulent nature not
expressly specified in the Code of Service
Discipline, shall be guilty of an offence and on
conviction shall be liable to imprisonment for less
than two years or to any less punishment provided
by this Act.

56. (1) A person charged with desertion may be found guilty of Conviction
for related
attempting to desert or of being absent without leave. or less
(2) A person charged with attempting to desert may be found guilty serious
offences.
of being absent without leave.
(3) A person charged with any one of the offences specified in
section 23, may be found guilty of any other offence specified in that section.
(4) A person charged with any of the offences specified in section
24, may be found guilty of any other offence specified in that section.
(5) A person charged with a service offence may, on failure of proof
of an offence having been committed under circumstances involving a higher
punishment, be found guilty of the same offence as having been committed
under circumstances involving a lower punishment.
(6) Where a person is charged with an offence under section 77 and
the charge is one upon which, if had been tried by a civil court in Ghana for that
offence, he might have been found guilty of any other offence, he may be found
guilty of that other offence.

PART III—TRIAL AND PUNISHMENT OF SERVICE OFFENCES

57. (1) Every person who has committed, is found committing, is Arrest
suspected of being about to commit, or is suspected of or charged under this Act generally.

with having committed a service offence, may be placed under arrest.

(2) Every person authorised to effect arrest under this Act or under
regulations made thereunder may use such force as is reasonably necessary for
that purpose.

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Powers of 58. (1) An officer may, without a warrant, in the circumstances
officers and
men relating to mentioned in section 57 arrest or order the arrest of—
arrest. (a) any man;
(b) any officer of equal or lower rank; and
(c) any officer of higher rank who is engaged in a
quarrel or fray or in any disorder
(2) A man may, without a warrant, in the circumstances
mentioned in section 57, arrest or order the arrest of—
(a) any man of lower rank; and
(b) any man of equal or higher rank who is engaged in
a quarrel or fray or in any disorder.
(3) An order given under subsection (1) or subsection (2) shall
be obeyed although the person giving the order and the person to whom and
the person in respect of whom the order is given do not belong to the same
force, unit or other element of the Armed Forces.
(4) Every person who is not an officer or man, but who was
subject to the Code of Service Discipline at the time of the alleged
commission by him of a service offence, may without a warrant be arrested
or ordered to be arrested by such person as any commanding officer may
designate for that purpose.
59. Such officers and men as are appointed under regulations for the
Appointment
and powers of purposes of this section may—
specially (a) detain or arrest with a warrant any person who is
appointed
personnel. subject to the Code of Service Discipline, regardless
of the rank or status of that person, who has
committed, is found committing, is suspected of
being about to commit, or is suspected of or charged
under this Act with having committed a service
offence; and
(b) exercise such other powers for carrying out the
Code of Service Discipline as may be prescribed.
Disposal of 60. (1) A person arrested under this Part may forthwith on his
person apprehension be placed in civil custody or service custody or be taken to the
arrested
unit or formation with which he is serving or to any other unit or formation
of the Armed Forces, and such force as is reasonably necessary for the
purposes of this section may be used.
(2) An officer or man commanding a guard, guardroom or
safeguard or an officer or man appointed under section 59 shall
receive and keep a person who is under arrest pursuant to this Act
and who is committed to his custody, but it shall be the duty of the

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officer, man or other person who commits a person into custody to deliver at
the time of such committal, or as soon as practical and in any case within
twenty-four hours thereafter, to the officer or man into whose custody that
person is committed, an account in writing, signed by himself, in which is
stated the reason why the person so committed is to be held in custody.

(3) An officer or man who, pursuant to subsection (2), receives a

person committed to his custody shall, as soon an practical and in any case
within twenty-four hours thereafter, give in writing to the officer or man to
whom it is his duty to report, the name of that person and an account of the
offence alleged to have been committed by that person so far as is known and
the name and rank of the officer, man or other person by whom the person so
committed was placed in custody, accompanied by any account in writing
which has been submitted pursuant to subsection (2).

61. (1) Where a person triable under the Code of Service Discipline Report of
delay of
has been placed under arrest for a service offence and remains in custody for trial, etc.
eight days without a summary trial having been held or a court martial for his
trial having been ordered to assemble, a report stating the necessity for further
delay shall be made by his commanding officer to the authority who is
empowered to convene a court martial for the trial of that person, and a
similar report shall be forwarded in the same manner every eighth day until a
summary trial has been held or a court martial has been ordered to assemble.

(2) Every person held in custody in the circumstances mentioned

in subsection (1) who has been continuously so held for a period of twenty-
eight days without summary trial having been held or a court martial having
been ordered to assemble, shall at the expiration of that period be entitled to
send to the President, or to such other authority as the President may appoint
in writing for that purpose, a petition to be freed from custody or for the
disposal of the case and in any event that person shall be so freed when a
period of ninety day continuous custody from the time of his arrest has
expired, unless a summary trial has been held or a court martial has been
ordered to assemble.

(3) A person who has been freed from custody pursuant to

subsection (2) shall not be subject to re-arrest for the offence with which he
was originally charged, except on the written order of an authority having
power to convene a court martial for his trial.

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Alleged 62. Before an allegation against a person that he has committed a
charge to
be reported service offence is proceeded with, the allegation shall be reported in the
to form of a charge to that person’s commanding officer. Where such officer
commanding
officer, etc. is satisfied that the charge should not be proceeded with, he shall dismiss
the charge; but otherwise the charge shall be proceeded with under this
Act as expeditiously as circumstances permit.
Trials by 63. (1) A commanding officer may in his discretion try an accused
commanding person by summary trial, but only if all of the following conditions are
Officer, etc.
satisfied—
(a) the accused person is either a subordinate officer or a man
below the rank of warrant officer;
(b) having regard to the gravity of the offence, the
commanding officer considers that his powers of
punishment are adequate;
(c) the commanding officer is not precluded from trying the
accused person by reason of his election, under regulations
made under this Act, to be tried by court martial; and
(d) the offence is not one that under such regulations the
commanding officer is precluded from trying.
(2) Subject as otherwise expressly provided in this Act, a
commanding officer at a summary trial may pass a sentence in which any
one or more of the following punishments may be included:—
(a) detention for a period not exceeding ninety days subject to
the following provisions:—
(i) a punishment of detention imposed by a
commanding officer upon a chief petty officer, petty
officer, non-commissioned officer or leading rating
shall not be carried into effect until approved by an
approving authority and only to the extent so
approved; and
(ii) where a commanding officer imposes more than
thirty days detention, the portion in excess of thirty
shall be effective only if approved by, and to the
extent approved by, an approving authority;
(b) reduction in rank, but a punishment of reduction in rank
imposed by a commanding officer shall be effective if
approved by, and to the extent approved by, an approving
authority;
(c) forfeiture of seniority;
(d) severe reprimand;

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(e) reprimand;
(f) a fine not exceeding basic pay for one month;
(g) stoppages, and
(h) such minor punishments as may be prescribed.
Each of the above punishments shall be deemed to be a punishment less than every
punishment preceding it in the above scale.

(3) In subsection (2) “approving authority” means—

(a) any officer not below the rank of commodore, brigadier or air
commodore; or
(b) any officer not below the naval rank of captain or below the rank
of colonel or group captain designated by the President or any
person authorised in that behalf by him as an approving authority
for the purposes of this subsection.

(4) A commanding officer may subject to such matters as may be prescribed,

and to such extent as the commanding officer deems fit, delegate his powers under this
section to any officer under his command, but an officer to whom powers are so
delegated may not be authorised to impose punishment other than the following:—
(a) detention not exceeding fourteen days;
(b) severe reprimand;
(c) reprimand;
(d) a fine not exceeding basic pay for fourteen days; and
(e) such other minor punishments as may be prescribed.

(5) Where a commanding officer tries an accused person by summary trial,

the evidence shall be taken on oath if the commanding officer so directs or the accused
person so requests, and the commanding officer shall inform the accused person of his
right so to request.

(6) Such punishments as are specified in regulations to require approval

before they may be imposed by a commanding officer, shall not be so imposed until
approval has been obtained.

64. (1) An officer of or above the rank of commodore, brigadier or air Trials by
commodore, or any other officer prescribed or appointed by the President for that superior
commanders.
purpose, such officer being referred to in this section as a “Superior commander”, may in
his discretion try by summary trial an officer below the rank of commander, lieutenant-
colonel or wing commander, or a warrant officer, charged with having committed a
service offence.

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(2) A superior commander may, who or without hearing the evidence,

dismiss a charge if he considers that it should not be proceeded with; but
otherwise shall cause it to be proceeded with as expeditiously as
circumstances permit.
(3) Subject as otherwise expressly provided in this Act, a superior
commander at a summary trial may pass a sentence in which any one or more
of the following punishments may be included:
(a) forfeiture of seniority;
(b) severe reprimand;
(c) reprimand; and
(d) fine.
(4) A superior commander shall not try an accused person who, by
reason of an election under regulations is entitled to be tried by court martial.
(5) Where a superior commander tries an accused person by summary
trial, the evidence shall be taken on oath if the superior commander so directs
or the accused person so requests, and the superior commander shall inform
the accused person of his right so to request.
Convening 65. (1) The President or such other authorities as may be authorised in that
authorities. behalf by him may convene general courts-martial and disciplinary courts
martial.
(2) Any authority who convenes a court martial under subsection (1)
may appoint as members of the court martial, officers of the Army of Ghana,
Navy of Ghana, or Air Force of Ghana or officers of any navy, army, or air
force, who are attached, seconded of loaned to the Armed Forces.

Number of 66. (1) A general court martial shall consist of not less than five officers
member of
general court
and not more than such number of officers as may be prescribed.
martial, etc. (2) The President of a general court martial shall be an officer of or
above the naval rank of captain or of or above the rank of colonel or group
captain and shall be appointed by the authority convening the general court
martial or by an officer empowered by that authority to appoint such
president.
(3) Where the accused person is of or above the rank of commodore,
brigadier or air commodore, the president of a general court martial shall be
an officer of or above the rank of the accused

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person, and the other members of the court martial shall be of or above the
naval rank of captain or of or above the rank of colonel or group captain.

(4) Where the accused person is of the naval rank of captain

or the rank of colonel or group captain, all of the members of a general court
martial, other than the president, shall be of or above the rank of commander,
lieutenant-colonel or wing commander.

(5) Where the accused person is a commander, lieutenant

colonel or wing commander, at least two of the members of a general court
martial, exclusive of the president, shall be of or above the rank of the accused
person.
67. A general court martial may try any person subject to the Code Jurisdiction of
of Service Discipline who is alleged to have committed a service offence. general court-
martial.
68. The Chief Justice shall appoint a person to officiate as judge Judge
advocate at general court martial. advocate.

69. None of the following persons shall sit as a member of a general Ineligibility to
Court-martial:— serve on
(a) the officer who convened the court martial; general court-
martial.
(b) the prosecutor;
(c) a witness for the prosecution;
(d) the commanding officer of the accused person;
(e) a provost officer;
(f) an officer who is under the age of twenty-one years;
(g) an officer below the naval rank of lieutenant, the army
rank of captain or the air force rank of flight-lieutenant;
or
(h) any person who prior to the court martial participated in
any investigation respecting the matters upon which a
charge against the accused person is founded.

70. (1) A disciplinary court martial shall consist of not less than three Number of
officer and not more than such number of officers as may be prescribed. members of
disciplinary court-
martial.
(2) The President of a disciplinary court martial shall be appointed
by the authority convening the disciplinary court martial or by an officer
empowered by that authority to appoint such president.

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(3) The President of a disciplinary court martial shall be an

officer of or above the rank of lieutenant-commander, major or squadron-
leader or of or above such higher rank as may be prescribed.
Jurisdiction of 71. Subject to any limitation prescribed in regulations made under this
disciplinary
court-martial. Act, a disciplinary court martial may try any person subject to the Code of
martial Service Discipline who is alleged to have committed a service offence.

Punishment by 72. A disciplinary court martial shall not pass a sentence including a
disciplinary
court-martial. punishment higher in the scale of punishments than dismissal with
court-martial. disgrace from the Armed Forces, or higher than such other punishments as
may be prescribed; but no such other punishments shall be higher in the
scale of punishments than dismissal with disgrace from those Forces.

Judge advocate 73. The Chief Justice may appoint a person to officiate as judge
of disciplinary
court martial advocate at a disciplinary court martial.

Judge 73.A (1) Notwithstanding anything in sections 68 and 73 of this Act,

Advocate
General
the Commander-in-Chief of the Armed Forces may, after consultation with
the Chief Justice, appoint a person to be known as the judge Advocate-
General of the Ghana Armed Forces to officiate generally at courts martial as
a judge advocate and to perform such other functions as the commander-in-
Chief may from time to time assign to him.

(2) The conditions of service of the Judge Advocate General

shall, so far as practicable, be the same as those applicable to judges of the
High Court or of the Court of Appeal so however, that the remuneration of the
Judge Advocate-General shall be paid out of the funds of the Ghana Armed
Forces.

Ineligibility 74 None of the following person shall sit as a member of disciplinary court
to
serve on martial:
disciplinary (a) the officer who convened the court martial;
court-
martial. (b) the prosecutor;
(c) a witness for the prosecution;
(d) the commanding officer of the accused person;
(e) a provost officer;
(f) an officer who is under the age of twenty-one years; or
(g) any person who prior to the court martial participated in
any investigation respecting the matters upon which a
charge against the accused person is founded.

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75. Save as otherwise expressly provided in this Act and any Principles of
civil court to be
regulations made thereunder, the rules of evidence and procedure to be observed generally.
in proceedings before a service tribunal shall as far as is practicable be the same
as those observed in proceedings before a civil court.

76. (1) For the purposes of this section, “service tribunal”, in Offences in
respect of
addition to the authorities mentioned in the definition of that expression in service
section 98, includes a Court-Martial Appeal Court and, a Board of Inquiry. tribunals.
(2) Every person who—
(a) being duly summoned or ordered to attend as a witness
before a service tribunal, makes default in attending,
(b) refuses to take an oath or make a solemn affirmation
lawfully required by a service tribunal to be taken or
made,
(c) refuses to produce any document in his power or
control lawfully required by a service tribunal to be
produced by him,
(d) refuses when a witness to answer any question to which
a service tribunal may lawfully require an answer,
(e) uses insulting or threatening languages before or causes
any interruption or disturbance in the proceedings of a
service tribunal, or
(f) commits or omits to perform, any act before a service
tribunal which act or omission if done or made before a
civil court would constitute a contempt of the court,
shall be guilty of an offence and on conviction shall be liable to imprisonment
for less than two years or to any less punishment provided by this Act; and
where an offence under this section is committed at or in relation to a court
martial, that court martial may, under the hand of its president, issue an order
that the offender undergo, for a period not exceeding thirty days, a term of
imprisonment or detention; and where any such order is issued the offender
shall not be liable to any other proceedings under the Code of Service Discipline
in respect of the contempt in consequence of which the order is issued.

77. (1) An act or omission—

Service trial of
(a) that takes place in Ghana and is punishable by a civil offences.
civil court or under any other enactment, or
(b) that takes place out of Ghana and would, if it had
taken place in Ghana, be punishable by such court
or under any other enactment,

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ACT 105 Armed Forces Act, 1962

shall be an offence and every person convicted thereof shall be liable to suffer
punishment as provided in subsection (2).
(2) Subject to subsection (3), where a service tribunal convicts a
person under subsection (1), the service tribunal shall—
(a) if under any other enactment a minimum penalty is
prescribed, impose a penalty in accordance with the
enactment prescribing that minimum penalty; or
(b) in any other case,
(i) impose the penalty prescribed for the
offence by that other enactment, or
(ii) impose dismissal with disgrace from the
Armed Forces or any less punishment
provided by this Act.
(3) All provisions of the Code of Service Discipline in respect of a
punishment of death, imprisonment for two years or more, imprisonment for
less than two years, and a fine, apply in respect of penalties imposed under
paragraph (a), or subparagraph (i) of paragraph (b), of subsection (2).
(4) Nothing in this section is in derogation of the authority conferred
by other sections of the Code of Service Discipline to charge, deal with and
try a person alleged to have committed any offence set out in any other
provision of this Act and to impose the punishment for that offence mentioned
in the section prescribing that offence.

Scale of 78. (1) The following punishments may be imposed in respect of

punishments. service offences—
(a) death;
(b) imprisonment for two years or more;
(c) dismissal with disgrace from the Armed Forces;
(d) imprisonment for less than two years;
(e) dismissal from the Armed Forces;
(f) detention;
(g) reduction in rank or in the case of the navy, disrating;
(h) forfeiture of seniority;
(i) in the case of the navy, dismissal of an officer from the ship
to which he belongs;
(j) severe reprimand;
(k) reprimand;
(l) fine;
(m) stoppages; and
(n) such other minor punishments as may be prescribed.

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Each of the above punishments shall be deemed to be a punishment less

than every punishment preceding it in the above scale, such scale in this Act,
being referred to as the “scale of punishments”.

(2) Notwithstanding anything to the contrary in subsection (1), the

following punishments shall be the punishments that may be imposed on
boys:—
(a) dismissal from the army by his commanding officer,
subject to the confirmation of the prescribed authority;
(b) fine, not exceeding ten shillings, imposed by his
commanding officer, or not exceeding five shillings,
imposed by the officer commanding Junior Leaders
Company;
(c) detention, not exceeding twenty-one days, imposed by his
commanding officer;
(d) where the offence has caused expense, loss or damage,
stoppages not exceeding one-half of his pay, calculated at
a daily rate, for thirty days;
(e) confinement to barracks for a period not exceeding
fourteen days, imposed by his commanding officer;
(f) extra drills or classes for offences committed during drills
or classes;
(g) six strokes of the cane under supervision of an officer;
(h) admonishment; and
(i) such other punishments as may be prescribed.

In addition to any punishment referred to in the preceding paragraphs, the

following
punishments may be imposed on a boy non-commissioned officer:—
(i) reduction or deprivation of rank by his commanding
officer; and
(ii) reprimand or severe reprimand.

(3) Where a punishment is specified by the Code of Service

Discipline as a penalty for an offence, and it is further provided in the
alternative that on conviction of the offender is liable to less punishment, the
expression “less punishment” means any one or more of the punishments lower
in the scale of punishments than the specified punishment.

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(4) The punishment of imprisonment for two years or more or

imprisonment for less than two years shall be subject to the following
conditions:

(a) every person who, on conviction of service offence is liable to

imprisonment for life or for a term of years or other term, may be
sentenced to imprisonment for a shorter term;
(b) a sentence that includes a punishment of imprisonment for two
years or more imposed upon an officer shall be deemed to
include a punishment of dismissal with disgrace from the Armed
Forces, whether or not the last-mentioned punishment is
specified in the sentence passed by the service tribunal;
(c) a sentence that includes a punishment of imprisonment for less
than two years imposed upon an officer shall be deemed to
include a punishment of dismissal from the Armed Forces
whether or not the last-mentioned punishment is specified in the
sentence passed by the service tribunal;
(d) where a service tribunal imposes a punishment of imprisonment
for two years or more upon a man, the service tribunal may in
addition, notwithstanding any other provision of this Part,
impose a punishment of dismissal with disgrace from the Armed
Forces;
(e) where a service tribunal imposes a punishment of imprisonment
for less than two years upon a man, the service tribunal may in
addition, notwithstanding any other provision of this Part,
impose a punishment of dismissal from the Armed Forces;
(f) in the case of a chief petty officer, petty officer or leading rating
in the Navy of Ghana or a warrant officer or non-commissioned
officer in the Army of Ghana or the Air Force of Ghana, a
sentence that includes a punishment of imprisonment for two
years or more or imprisonment for less than two years shall be
deemed to include a punishment of reduction in rank to the
lowest rank to which under regulations he can be reduced,
whether or not the last mentioned punishment is specified in the
sentence passed by the service tribunal; and
(g) a punishment of imprisonment for two years or more or
imprisonment for less than tow years shall be deemed to be a
punishment of imprisonment with

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Armed Forces Act, 1962 Act 105

hard labour, but in the case of punishment of imprisonment for

less than two years, the President or such other person as he may
authorise in that behalf may order that such punishment shall be
without hard labour.
(5) Where a service tribunal imposes a punishment of dismissal with
disgrace from the Armed Forces upon an officer or man, the service tribunal
may in addition, notwithstanding any other provision of this Part, impose a
punishment of imprisonment for less than two years.
(6) A person upon whom a punishment of dismissal with disgrace
from the Armed Forces has been carried out shall not, except in an emergency
or unless that punishment is subsequently set aside or altered, be eligible to
serve the Republic of Ghana again in any military or civil capacity.
(7) The punishment of detention shall be subject to the following
conditions:
(a) detention shall not exceed two years and a person
sentenced to detention shall not be subject to detention for more
than two years consecutively by reason of more than one
conviction;
(b) no officer may be sentenced to detention; and
(c) in the case of a chief petty officer, petty officer or leading
rating in the Navy of Ghana or a warrant officer or non-
commissioned officer in the Army of Ghana or the Air Force of
Ghana, a sentence that includes a punishment of detention shall
be deemed to include a punishment of reduction in rank to the
lowest rank to which under regulations he can be reduced,
whether or not the last mentioned punishment is specified in the
sentence passed by the service tribunal.
(8) The punishment of reduction in rank shall apply to officers,
warrant officers, chief petty officers, petty officers, non-commissioned officers
and leading ratings.
(9) The punishment of reduction in rank shall not—
(a) involve reduction to a rank lower than that to which
under regulations the offender can be reduced;
(b) in the case of a commissioned officer, involve reduction
to a rank lower than commissioned rank; and
(c) in the case of a subordinate officer, involve reduction to a
rank lower than an inferior grade of subordinate officer.

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(10) Where an officer or man has been sentenced to forfeiture of

seniority, the service tribunal imposing the punishment shall in passing
sentence specify the period for which seniority is to be forfeited.
(11) The punishment of dismissal of an officer for the ship to
which he belongs shall apply only to officers of the Navy Ghana.
(12) A fine shall be imposed in a stated amount and shall not
exceed, in the case of an officer or man, three months basic pay, and in the
case of any other person the sum of £100, and the terms of payment of a
fine shall lie within the discretion of the commanding officer of the person
so punished.
(13) Stoppages shall be effected in the manner prescribed in
regulations.
(14) The authority of a service tribunal to impose punishments
may be limited in accordance with regulations.
(15) Where a person is under a sentence imposed by a service
tribunal that includes a punishment involving incarceration and another
service tribunal subsequently passes a new sentence that also includes a
punishment involving incarceration, both punishments of incarceration
shall, from the date of the pronouncement of the new sentence, run
concurrently, but the punishment higher in the scale of punishments shall
be served first.

No limita- 79. (1) Every person alleged to have committed a service offence
tion.
may be charged, dealt with and tried under the Code of Service Discipline,
whether the alleged offence was committed in Ghana or out of Ghana:
Provided that a service tribunal shall not try any person charged
with the offence of murder, rape and manslaughter, committed in Ghana:
(2) Every person alleged to have committed a service offence
may be charged, dealt with and tried under the Code of Service Discipline,
either in Ghana or out of Ghana.

Time bar. 80. (1) Except in respect of service offences mentioned in the
subsection (2), no person shall be liable to be tried by a service tribunal
unless his trial begins before the expiration of a period of three years from
the day upon which the service offence was alleged to have been
committed.
(2) Every person subject to the Code of Service Discipline at
the time of the alleged commission by him of the service offence of
mutiny, desertion or absence without leave or a service offence for which
the maximum
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Armed Forces Act, 1962 ACT 105

punishment that may be imposed is death, shall continue to be liable to be

charged, dealt with and tried at any time under that Code.
(3) In calculating the period of limitation referred to in subsection
(1), there shall not be included—

(a) time during which a person was a prisoner of war;

(b) any period of absence in respect of which a person has been
found guilty by any service tribunal of desertion or absence
without leave; and
(c) any time during which a person was serving a sentence of
incarceration imposed by any court other than a service tribunal.

81. (1) Every person, in respect of whom a charge of having committed Autrefois acquit
and autrefois
a service offence has been dismissed, or who has been found guilty or not guilty convict
either by a service tribunal or a civil court on a charge of having committed any
such offence shall not be tried or tried again by a service tribunal under this Act
in respect of that offence or any other offence of which he might have been
found guilty on that charge by a service tribunal or a civil court.

(2) Nothing in subsection (1) shall affect the validity of a new trial
ordered under section 84 or section 92.

82. (1) The President or such other authorities as may be authorised in Quashing of
that behalf by him may quash any finding of guilty made by a service tribunal. findings of
(2) Where, after a finding of guilty has been quashed, no other service tribunals.

findings of guilty remains the whole of the sentence passed by the service
tribunal shall cease to have force and effect.
(3) Where, after a finding of guilty has been quashed, another
finding of guilty remains, and any punishment included in the sentence passed
by the service tribunal is in excess of the punishment authorised by this Act in
respect of the findings of guilty which remain, or is, in the opinion of the
authority who quashed the finding, unduly severe, such authority shall subject to
such conditions as may be prescribed, substitute such new punishment or
punishments as such authority considers appropriate.

83. (1) The President or such other authorities as may be authorised in Substitution of
that behalf by him may— findings for
(a) substitute a new finding for any finding of guilty, made by a original findings
of service
service tribunal, that is illegal or cannot be supported by the evidence, if the tribunals.
new finding could validly have been made by the service tribunal on the charge

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ACT 105 Armed Forces Act, 1962

and if it appears that the service tribunal was satisfied of the fact
establishing the offence specified or involved in the new finding;
(b) substitute for the finding of guilty made by a service tribunal a new
finding of guilty of some other offence if—
(i) the tribunal could on the charge have found the offender
guilty under section 56 of that other offence;
(ii) the tribunal could have found the offender guilty of that
other offence on any alternative charge that was laid,
and it appears that the facts proved him guilty of that other offence.

(2) Where a new finding has been substituted for a finding made by a
service tribunal and any punishment included in the sentence passed by the
service tribunal is in excess of the punishment authorised by this Act in respect of
the new finding, or is in the opinion of the authority who substituted the new
finding, unduly severe, such authority shall, subject to such conditions as may be
prescribed, substitute such new punishment or punishments as the authority
considers appropriate.

New trial 84. (1) Where a service tribunal has found a person guilty of an offence
and the Commander of the appropriate Armed Force considers that a new trial is
advisable by reason of an irregularity in law in the proceedings before the service
tribunal, he may set aside the finding of guilty and direct a new trial, in which
case that person shall be tried again for that offence as if no previous trial had
been held.
(2) Where at a new trial held pursuant to this section a person is found
guilty—

(a) the new punishment shall not be higher in the scale of punishments
than the punishment imposed by the service tribunal in the first
instance;

(b) if the new punishment includes a term of incarceration, there shall

be deducted from that term anytime during which the offender had
been incarcerated following the pronouncement of the previous
sentence; and

(c) if the new punishment is in the same paragraph in the scale of

punishments as the punishment imposed by the service tribunal in
the first instance, the new punishment shall not be in excess of the
previous punishment.

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(3) The President may dispense with any new trial directed under
this section or under section 92.
85. Where a service tribunal has passed a sentence in which is included an Substitution of
punish-
illegal punishment, the President or any other authority authorised in that behalf ments for
by him may, subject to such conditions as may be prescribed, substitute for the original
Punish-
illegal punishment such new punishment as such authority considers ments of service
appropriate. tribunals.

86. The President or such other authority as may be authorised in that behalf President’s
power to
by him may, subject to such conditions as may be prescribed, mitigate, mitigate
commute or remit any or all of the punishments included in a sentence passed punish-
by a service tribunal. ments, etc
87. Where under the authority of this Act, a new punishment, by reason of Effect of new
substitution or commutation replaces a punishment imposed by a service punishment

tribunal, the new punishment shall have force and effect as if it had been
imposed by the service tribunal in the first instance and the provisions of the
Code of Service Discipline shall apply accordingly; but where the new
punishment involves incarceration, the term of the new punishment shall be
reckoned from the date of substitution or commutation, as the case may be.
88. Nothing in the succeeding provisions of this Part shall be in derogation Saving
Provision.
of the powers conferred under this Act to quash findings or alter findings and
sentences.
89. (1) There shall be a Court Martial Appeal Court which shall hear and Establishment of
Court Martial
determine all appeals referred to it under this Act from decisions of a court Appeal Court, etc
martial, whether general or disciplinary.
(2) The composition, appointment, qualifications of members,
procedure and any other matters connected with or incidental to the Court
Martial Appeal Court shall be in accordance with such regulations as may be
prescribed.

90. Every person who has been tried and found guilty by a court martial Jurisdiction of
Court Martial
shall, have a right to appeal to the Court Martial Appeal Court, in such form, Appeal Court.
manner and within such time as may be prescribed in respect of either or both
the following matters:
(a) the legality of any or all of the findings; and
(b) the legality of the whole or any part of the sentence.

91. Notwithstanding anything in this part, the Court Martial Appeal Court Special power of
court Martial
may disallow an appeal if, in the opinion of the Court, to be expressed in Appeal Court to
writing, there has been no substantial miscarriage of justice. disallow appeal.

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Court 92. (1) Upon the hearing of an appeal respecting the legality of a finding
Martial
Appeal of guilty on any charge, the Court Martial Appeal Court, if it allows the appeal,
Court to shall—
set aside
appeal, (a) set aside the finding and direct a finding of not guilty to be
etc. recorded in respect of that charge; or
(b) direct a new trial on that charge, in which case the appellant shall
be tried again as if no trial on that charge had been held.

(2) Where the Court Martial Appeal Court has set aside a finding of
guilty and no other finding of guilty remains, the whole of the sentence shall
cease to have a force and effect.

(3) Where the Court Martial Appeal Court has set aside a findings of
guilty but another findings of guilty remains, the Court shall forthwith refer
the proceedings to the President, or to such other authority as may be
authorised in that behalf by him who shall—
(a) affirm the punishment imposed by the court martial if the
court martial could legally have imposed that punishment
upon the finding of guilty that remains; or
(b) subject to such conditions as may be prescribed, substitute
for the punishment imposed by the court martial such new
punishment or punishments as such authority considers
appropriate.

(4) Where an appellant has been found guilty of an offence and the
court martial could on the charge have found him guilty under section 56 of
some other offence, or could have found him guilty of some other offence on
any alternative charge that was laid, and on the actual finding it appears to the
Court Martial Appeal Court that the facts proved him guilty of that other
offence, the court may, instead of allowing or dismissing the appeal, substitute
for the finding of guilty made by the court martial a finding of guilty of that
other offence, and the Court shall forthwith refer to proceedings to
the President, or to such other authority as may be authorised in that behalf by
him who shall—
(a) affirm the punishment imposed by the court martial if the court
martial could legally have imposed the punishment upon the
substituted finding of guilty; or
(b) subject to conditions as may be prescribed substitute for the
punishment imposed by the court martial such new punishment or
punishments as such authority considers appropriate.

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(5) Where, pursuant to subsection (3) or (4), a new punishment is

substituted, the punishment imposed by the court martial thereupon shall cease
to have effect and section 87 shall apply to the new punishment or punishments.

93. Upon the hearing of an appeal respecting the legality of a sentence Substitution of
new punishment
passed by a court martial, the Court Martial Appeal Court, if it allows the for illegal
appeal, shall forthwith refer the proceedings to the President or to such other punishment set
authority authorised in that behalf by him who shall, subject to such conditions aside.

as may be prescribed, substitute for the punishment imposed by the court

martial such new punishment or punishments as such authority considers
appropriate and every punishment comprised in the sentence passed by the court
martial shall thereupon cease to have force and effect; and section 87 shall apply
to the new punishment or punishments.

94. Where a punishment included in a sentence has been dealt with pursuant New punishments
subject to
to subsection (3) of section 92 or section 93, the new punishment shall be Presidents power
subject to mitigation, commutation, remission or suspension in the same manner of mitigation.
and to the same extent as if it has been passed by the court martial that tried the
appellant.

95. (1) Nothing in the Code of Service Discipline affects the jurisdiction of Jurisdiction of
civil courts.
any civil court to try a person for any offence triable by that Court.
(2) Where a person, sentenced by a service tribunal in respect of a
conviction on a charge of having committed a service offence, is afterwards
tried by a civil court for the same offence of for any other offence of which he
might have been found guilty on that charge, the civil court shall in awarding
punishment take into account any punishment imposed by the service tribunal
for the service offence.
(3) Where a civil court that tries a person in the circumstances specified
in subsection (2) either acquits or convicts the person of an offence, the
unexpired term of any punishment of imprisonment for more than two years,
imprisonment for less that two years or detention, imposed by the service
tribunal in respect of that offence, shall be deemed to be wholly remitted as
from the date of the acquittal or conviction by the civil court.

96. Where any person subject to the Code of Service Discipline has at any Certificate of
time been tried by a civil court, an officer of that court authorized in that behalf civil court.

by the Judge or District Magistrate thereof, as the case may be, shall, if required
by any officer of the Armed Forces, transmit to that officer a certificate setting

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forth the offence for which that person was tried, together with the judgment
or order of the court thereon, and shall be paid for that certificate the
prescribed fee.
PART IV—GENERAL
Regulations. 97. (1) The President may by legislative instrument make such
regulations as may be necessary or convenient for securing the discipline and
good government of the Armed Forces and generally for the better carrying
out of the objects and purposes of this Act.
(2) Without derogation from the generality of the provisions of
subsection (1), the President may make regulations in respect of the following
matters:
(a) such matters as are required under this Act to be prescribed or
are authorized or required under this Act to be made by
regulation;
(b) the quality, issue and disposal of any property for the Armed
Forces and the application of the proceeds, if any, of such
disposal;
(c) the ranks of officers and men of each Armed Forces the numbers
in each such rank and the use of uniforms by such officers and
men;
(d) conditions of service, including conditions of service relating to
enrolment and to the pay, pensions, gratuities and other
allowances of officers and men of each Armed Force and
deductions therefrom;
(e) the Secondment, transfer, discharge and promotion of officers
and men of each Armed Force;
(f) the authority and powers of command of officers and men of
each Armed Force;
(g) the procedure for obtaining redress of grievances in the case of
officers and men of each Armed Force’
(h) the liability of officers and men of each Armed Force for loss or
damage of property of such Force;
(i) the collection, administration and distribution of the service
estates of officers and men of each Armed Force and the disposal
of the personal effects of absentee officers and men of such
force;
(j) the application to female persons either wholly or partly of the
Code of Service Discipline subject to such modifications as may
be specified in the regulations;

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Armed Forces Act, 1962 Act 105

(k) the prohibition or control of dangerous flying;

(l) the vaccination and inoculation of officers and men of each
Armed Force and the provision of their immunization procedures
for such officers and men;
(m) the control of the handling of dangerous substances by officers
and men of the Armed Forces;
(n) the conditions subject to which certain punishments may be
imposed;
(o) the appointment of person additional to those specified in the Act
with powers of arrest and the conditions subject to which such
appointment is made and such powers are conferred;
(p) the custody of officers and men arrested or sentenced and the
duties of the persons in whose charge such officers and men have
been placed;
(q) the delegation of the powers of commanding officers to try
accused persons under this Act to other persons and the
conditions, if any, subject to which such delegation is made;
(r) the date of the commencement of terms of imprisonment under
this Act and the periods to be left out or taken into account in the
computation of such terms;
(s) the fees to be charged for any service performed by any person
for the purpose of this Act;
(t) the arrest and custody of deserters and persons absent without
leave and any matter connected with or incidental to such arrest
and custody; and
(u) the procedure to be observed in proceedings before service
tribunals, the summons and examination of witnesses other than
persons subject to the Code of Service Discipline, the production
of documents by such witnesses, and the payment of
remuneration to such witnesses.

98. In this Act, unless the context otherwise requires— Interpreta-

“active service” means service— tion
(a) in operations against an enemy or in a foreign country in
operations for the protection of life or property or relating to the
military occupation of a foreign country;
(b) in operations for the preservation of public order;
(c) for purposes of relief in cases of emergency, and

311
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Appendix III A.F.R

Act 105 Armed Forces Act, 1962

(d) for any other purpose appearing to the President to be expedient;

“aircraft” means any machine for flying, whether propelled by mechanical means
or not, and include any description of balloon;
“aircraft material” include—

(a) parts of, and component of or accessories for, aircraft, whether for
the time being in aircraft or not,

(b) engines, armament, ammunition and bombs and other missiles of

any description, in or for use in aircraft,

(c) Any other gear, apparatus or instruments in, or for use in, aircraft,

(d) Any apparatus used in connection with the taking-off or landing of

aircraft or for detecting the movement of aircraft, and

(e) Any fuel used for the propulsion of aircraft and any material used
as a lubricant for aircraft or aircraft material;

“Armed Forces” means the Army of Ghana, Navy of Ghana and Air Force of
Ghana;
“boy” means a male person over the age of thirteen years enrolled in the Army
and below the prescribed maximum age;
“civil court” means a court of ordinary criminal jurisdiction in Ghana and
includes a court of summary jurisdiction;
“civil custody” means the holding under arrest or in confinement of a person by
the Police or other competent civil authority and include confinement in a
civil prison;
“Code of service Discipline” means the provisions of Parts II, III and IV of this
Act;
“commanding officer”, in respect of a person, means the commanding officer of
that person or such other officer as may in accordance with regulations be
empowered to act as the commanding officer of that person;
“defence establishment” means any establishment declared by the President or
any person authorized in that behalf by him to be a defence establishment,
and includes any property therein;

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Armed Forces Act, 1962 Act 105

“enemy” includes all persons engaged in armed operations against any
of the Armed Forces of Ghana or part thereof and includes armed
mutineers, armed rebels, armed rioters and pirates;
“man” means any person, other than an officer, who is enrolled in, or
who is attached or seconded otherwise than as an officer to, any of
that Armed Forces;
“material” means all movable public property, other than money
provided for the Armed Forces or for any other purpose under this
Act and includes any vessel, vehicle, aircraft, animal, missile,
arms, ammunition, clothing, stores, provisions or equipment so
provided;
“military” shall be construed as relating to all or any of the Armed
Forces;
“mutiny” means combination between two or more persons subject to
the Code of Service Discipline or between person two at least of
whom are subject to such Code—
(a) to overthrow or resist lawful authority in the Armed
Forces or any forces cooperating therewith or any part
thereof;
(b) to disobey such authority in such circumstances as to
make the disobedience subversive of discipline, or with
the object of avoiding any duty or service against or in
connection with operations against, the enemy; or
(c) to impede the performance of any duty or service in the
Armed Forces or any forces co-operating therewith or
any part thereof;
“non-public property” means—
(a) all money and property, other than issues of material,
received for or administered by or through messes,
institutes or canteens of the Armed Forces;
(b) all money and property contributed to or by officers, men,
units or other elements of the Armed Forces for the
collective benefit and welfare of such officers, men, units
or other elements;
(c) by-products and refuse derived from rations and other
consumable stores issued to the Armed forces for use in
service kitchen to such extent as may be prescribed; and
(d) all money and property, as the case may be derived from,
purchased out of the proceeds of the sale of, or received

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Appendix III A.F.R.

Act 105 Armed Forces Act, 1962

in exchange for money and property described in the preceding

sub-paragraphs of this paragraph;
“public property” means all money and property vested in the President in trust
for and on behalf of the people of Ghana for the public service of the
Republic of Ghana; “officer” means—

(a) a person commissioned by the President to any of the

armed Forces, or

(b) any person who is attached or seconded as officer to any of

the Armed Forces;

“service custody” means the holding under arrest or in confinement of any person
by the Armed force and includes confinement in a service prison or
detention barrack;
“service estate” means the following parts of the estate of a deceased officer or
man in the Armed Forces:

(a) pay and allowances in respect of his service in such Forces;

(b) personal equipment that such officer or man is permitted,

under regulations made under this Act to retain; and

(c) personal belongings, including cash, found on such officer

or man or in camp, quarters or otherwise in the care of
custody of such Forces;
“service offence” means an offence under this Act or any other enactment for the
time being in force, committed by a person while subject to the Code of
Service Discipline;
“service tribunal” means a court martial or a person presiding at a summary trial;
“stoppages” means the recovery, by deduction from the pay of the offender, of a
specified sum by way of compensation for any expense, loss or damage
occasioned by the offence;
“summary trial” means a trial conducted by or under the authority of a
commanding officer under section 63 or a superior commanding under
section 64; and
“superior officer” means any officer or man who, in relation to any other officer
or man, is, by this Act or by regulations made thereunder or by custom of
the appropriate Force, authorized to give a lawful command to that other
officer or man.

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A.F.R. Appendix III

Armed Forces Act, 1962 ACT 105

99. The Army, Navy and Air Force of Ghana in existence immediately Continuance
before the date of the commencement of this Act shall be deemed, on and of existing
after that date, to be included in the Armed Forces of Ghana raised and Forces
maintained under this Act.
100. The provisions of this Act shall as far as may be practicable and Application
subject to such modifications as may be prescribed apply to boys in like of Act to boys
manner as those provisions apply to men.
101. (1) The enactments specified in the Schedule hereto are hereby repealed: Repeals and
Provided that any statutory instrument made under those enactments and savings
the regulations contained in the Schedule to the Military Pensions Ordinance,
1954 (No. 16) and in force immediately before the commencement of this Act
shall, until such instrument and regulations are altered, revoked or otherwise
modified under this Act, continue in force as if such instrument and regulations
has been made under this Act.
(2) Notwithstanding the repeal of the enactments specified in the
Schedule hereto, every officer commissioned, and every man enrolled or re-
engaged under those enactment, who is in the Army, Navy or Air Force, of
Ghana, immediately before the commencement of this Act shall continue on and
after such commencement to serve in the Army of Ghana, Navy of Ghana or Air
Force of Ghana as if he had been given his commission or had enrolled or been
re-engaged as the case may be under this Act.
102. The President may by executive instrument order that the Act or any Commence
provisions thereof shall come into operation on a date provisions shall come -ment
into operation on a date specified in such instrument, and thereupon such Act or
those provisions shall come into operation.

SCHEDULE
1. The Army Ordinary (Cap. 53), as subsequently amended.
2. The Army (Reserve Force) Ordinance (Cap 54).
3. The Local Forces Ordinance (Cap 55).
4. The Uniforms Ordinance (Cap 58).
5. War Pensions Ordinance, 1943 (No. 1), as subsequently amended
6. The military Pension Ordinance, 1954 (No. 16).
7. The Ghana Armed Forces Council Ordinance, 1957 (No. 40).
8. The Naval Volunteer Ordinance (Cap 52).
9. The Naval Volunteer and Defence ordinance (Cap 60).
10. The Forces (Ghana Regiment) Act, 1959 (No. 1).

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P.N.D.C.L. 63
ARMED FORCES (AMENDMENT) LAW, 1983

IN pursuance of the Provisional National Defence Council (establishment)

Proclamation, 1981 this Law is hereby made:
Section 62 of 1. There is hereby substituted for the section 62 of the Armed Forces
the principal Act, 1962 (Act 105) in this Law referred to as “the principal enactment”
enactment. the following new section:
replaced.
“Alleged charge 62. (1) Before an allegation against a person that he
to be reported to has committed a service offence is proceeded with
a Disciplinary
allegation shall be reported in the form of a charge to a
Board
Disciplinary Board to be appointed by the Commanding
Officer.
(2) Where the disciplinary Board is satisfied that
the charge should not be proceeded with, it shall dismiss
the charge; otherwise the charge shall be proceeded with
under this Act as expeditiously as the circumstances may
permit.”
Section 63 of 2. There is hereby substituted for section 63 of the principal
the Principal enactment the following new section:
enactment,
replaced
63. (1) subject to the provisions of this section a
“Summary
trails of subordinate officer or man below the rank of Warrant
subordinate officer may be tried by summary trial by a disciplinary
officers or men Board consisting of the Commanding Officer as the
below the rank Chairman on officer not below the rank of Army Captain
of Warrant or its equivalent appointment by him as the Chairman and
Officer
one officer and three men.
(2) A Disciplinary Board may try an accused
person by summary trial all of the following conditions
are satisfied:
(a) the accused person is either a subordinate
officer or a man below the rank of Warrant
officer;
(b) having regard to the gravity of the offence,
the Disciplinary Board considers that its
power of punishment are adequate:
(c) the disciplinary Board is not precluded from
trying the accused person by reason of his
election, under regulations made under this
Act, to be tried court martial; and
(d) the offence is not one that under such
regulations the Disciplinary Board is
precluded from trying.

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P.N.D.C.L. 63
ARMED FORCES (AMENDMENT) LAW, 1983

(3) Except as otherwise expressly provided in

this Act, a Disciplinary Board at a summary trial may
pass a sentence in which any one or more of the
following punishments may be included;
(a) Detention for a period not exceeding ninety
days subject to the following provisions:
(i) a punishment of detention imposed
by a Disciplinary Board upon a petty
officer, non-commissioned officer or
leading rating shall not be carried
into effect until approved by an
approving authority and only to the
extent so approved, and
(ii) where a Disciplinary Board imposes
more than thirty days’ detention, the
portion in excess of thirty days shall
be effective only if approved by, and
to the extent approved by, an
approving authority;
(b) reduction in rank, but a punishment of
reduction in rank imposed by a Disciplinary
Board shall be effective if approved by, and
to, the extent approved by, an approving
authority;
(c) forfeiture of seniority;
(d) sever reprimand;
(e) reprimand;
(f) a fine not exceeding basic pay for one
month;
(g) stoppages; and
(h) such minor punishments as may be
prescribed.
(4) Each of the punishments specified in
subsection (3) of this section shall be deemed to be a
punishment less than every punishment preceding it in
the order specified.
(5) In subsection (3) of this section “approving”
authority means:
(a) any officer not below the rank of Commo-
dore, Brigadier or Air Commodore; or

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P.N.D.C.L. 63
ARMED FORCES (AMENDMENT) LAW, 1983
(b) any officer not below the naval rank of Captain
or below the rank of Colonel or Group Captain
designated by the Provisional National Defence
Council or any person authorized in that behalf
by the Council as an approving authority for the
purposes of this subsection.
(6) Where the Chairman of a Disciplinary Board
is an officer other than a Commanding Officer such
Disciplinary Board shall not impose punishments other
than the following:
(a) detention not exceeding fourteen days;
(b) severe reprimand;
(c) reprimand;
(d) a fine not exceeding basic pay for fourteen days;
and
(e) such other minor punishment as may be
prescribed.
(7) Where a disciplinary board tries an accused
person by summary trial, the evidence shall be taken on
oath if the Board so directs or the accused person so
requests, and the Board shall inform the accused person of
his right so to request.
(8) Such punishments as are specified in
regulations to require approval before they may be imposed
by a Disciplinary Board, shall not be so imposed until
approval has been obtained”.
Section 64 of 3. There is hereby substituted for section 64 of the principal enactment
the principal the following new section:
enactment “Summary 64. (1) An officer below the rank of Commander,
replaced. trials of
Lieutenant- Colonel or Wing Commander, or a Warrant
Officers
below the Officer, charged with a service offence may be tried by
rank of summary trial by a Disciplinary Board consisting g of the
Commander, superior Commander as the Chairman and two other officers,
Lieutenant- except that where the accused person is a Warrant officer the
Colonel,
Board shall consist of the superior Commander as Chairman
Wing
Commander and two Warrant Officers.
or Warrant (2) A Disciplinary Board may on hearing or without
Officer. hearing the evidence dismiss a charge, if it considers that it
should not be proceeded with; otherwise the charge shall be
proceeded with as expeditiously as the circumstances may
permit.

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P.N.D.C.L. 63
ARMED FORCES (AMENDMENT) LAW, 1983
(3) Except as otherwise provided in this Act, a
Disciplinary Board at a summary trial may pass a sentence
in which any one or more of the following punishments
may be included:
(a) forfeiture of seniority;
(b) severe reprimand;
(c) reprimand; and
(d) fine.
(4) A Disciplinary Board shall not try an accused
person who by reason of an election under regulations is
entitled to be tried by court martial.
(5) The evidence of an accused person tried by
summary trial under this section shall be taken on oath if
the Disciplinary Board so directs or the accused person so
requests and the Board shall inform the accused person of
his right so to request.”
4. There is hereby substituted for section 65 of the principal enactment the Section 65 of
following new section: the principal
“Convening 65 (1) The Council or such other authorities as may be enactment
replaced.
authorities. authorized in that behalf by the Council may convene
general court martial and disciplinary court martial.
(2) Any authority convening a court martial under
subsection (1) of this section may appoint as members of
the court martial officers of the Army of Ghana, Navy of
Ghana, or Air Force of Ghana or officers of any Navy,
Army or Air Force who are attached, seconded or loaned to
the Armed Forces, and two men where the accused person
is a man”.
5. Section 66 of the Principal enactment is hereby amended by the Section 66 of
substitution for subsection (1) thereof of the following new subsection: the principal
enactment
“Number of 66. (1) A general court martial shall consist of not less amended.
members of than five officers and not more than such number of
General Court
Martial, etc. officers as may be prescribed, except that where the
accused person is a man a general court martial shall
include two men.” Section 69 of
6. There is here by substituted for section 69 of the principal enactment the the principal
enactment
following new section: replaced.
“Ineligibility to 69. None of the following persons shall sit as a member
serve on general of a general court martial:
court martial.
(a) the officer who convened the court martial;
(b) the prosecutor;

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P.N.D.C.L. 63
ARMED FORCES (AMENDMENT) LAW, 1983

(c) a witness for the prosecution;

(d) the commanding officer of the accused person;
(e) a provost officer;
(f) an officer or an who is under the age of twenty one
years;
(g) an officer below the Navy rank of Naval Lieutenant,
the Army rank of Captain or Air Force rank of
Flight-Lieutenant or in the case of a man, a man
below the rank of the accused person; or
(h) any person who prior to the court martial
participated in any investigation in respect of the
matters upon which a charge against the accused
person is founded.”

Section 70 of 7. Section 70 of the principal enactment is hereby amended by the

the principal substitution for subsection (1) thereof of the following new subsection:
enactment
amended “Number of 70. (1) A disciplinary court martial shall consist of not less
members of than three officers and not more than such number of officers
disciplinary
court martial.
as may be prescribed, except that where the accused person is a
man a disciplinary court shall include two men.”

Section 74 of 8. There is hereby substituted for section 74 of the principal

the principal
enactment enactment the following new section:
replaced.
“Ineligibility to 74. None of the following persons shall sit as a member of a
serve on disciplinary court martial:
disciplinary
court martial. (a) the officer who convened the court martial;
(b) the prosecutor;
(c) a witness for the prosecution;
(d) the commanding officer of the accused person;
(e) a provost officer;
(f) an officer or man who is under the age of twenty
one years;
(g) a man below the rank of the accused person where
the accused is a man;
(h) any person who prior to the court martial
participated in any investigation in respect of the
matters upon which a charge against the accused
person is founded.”

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P.N.D.C.L. 63
ARMED FORCES (AMENDMENT) LAW, 1983

9. Section 98 of the principal enactment is hereby amended as follows: Section 98 of

the principal
enactment
(a) by the insertion immediately after the definition of “defence amended.
establishment” of the following new definition:

“Disciplinary Board” means Disciplinary Board established under

section 63 or 64 of this Act;”

(b) by the substitution for the definition of “service tribunal” and

“summary trial” respectively of the following new definitions:
“service tribunal” means a court martial or a “Disciplinary Board;”

“summary trial” means a trial conducted by a Disciplinary Board

established under section 63 or 64 of this Act;”

10. Notwithstanding the provisions of any enactment the decision of a Decisions of

Disciplinary Board referred to in sections 63 and 64 of this Act shall be by a Disciplinary
Board to be by
majority of the members of the Board. majority.

11. (1) The provisions of chapters 108 and 110 and sections 3 and 4 of Modification of
the Armed
chapter 111 of the Armed Forces (Discipline) Regulations, 1970 (C.I. 12) Forces Regu
(Volume II) relating to summary trials by Commanding Officers, summary trials lations, 1970
by superior Commanders, General Court Martial and Disciplinary Court Martial (C.I. 12
respectively shall apply with such modifications as may be necessary to give (Vol. II)

effect to the provisions of this Law.

(2) Notwithstanding the provisions of any enactment any reference in

chapter 108 of the said Armed Forces (Discipline) Regulations, 1970 (C.I. 12):

(a) to a trial by a Commanding Officer shall be deemed to be a

reference to trial by a Disciplinary Board of which the Commanding
Officer is the Chairman or to a trial by delegated officer shall be deemed
to be reference to trial by a Disciplinary Board of which the Chairman is
an officer not below the rank of Army Captain or its equivalent appointed
by the Commanding Officer;

(b) to a “Commanding Officer” shall be deemed to be reference to a

Disciplinary Board of which the Commanding Officer is the Chairman or
to a “delegated

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P.N.D.C.L. 63

ARMED FORCES (AMENDMENT) LAW, 1983

“Officer” shall be deemed to be reference to a

Disciplinary Board of which the Chairman is an
officer not below the rank of Army Captain or its
equivalent appointed by the Commanding Officer.

Made this 14th day of June 1983.

FLT.–LT. JERRY JOHN RAWLINGS

Chairman of the Provisional National Defence Council

Date of Gazette notification: 29th July, 1983.

322
 INDEX

INDEX TO AFR VOLUME II

REFERENCES ARE TO PAGES

A
Abetting Page
commission of offence .. .. .. .. .. .. 15
Absence Without Leave
offence .. .. .. .. .. .. .. .. 52
Abuse of Inferiors
offence .. .. .. .. .. .. .. .. 55
Abstract of Evidence
form of making, rules relating to .. .. .. .. .. 155
Accompanying Persons
definition of .. .. .. .. .. .. .. .. 10
275
Jurisdiction .. .. .. .. .. .. .. .. 11
276
Accused
appearance before a Commanding Officer .. .. .. .. 156
assistance of, at trial before Commanding Officer .. .. .. 133
attached or seconded—
disciplinary responsibility of Commanding Officer .. .. .. 9
how dealt with .. .. .. .. .. .. .. 9
caution to, when copy of abstract handed to .. .. .. .. 155
civil defences available to .. .. .. .. .. .. 18
counsel or defending officer and adviser, right to .. .. .. 173
close custody—
discharge from where account of offence not
delivered .. .. .. .. .. .. .. .. 110
during trial .. .. .. .. .. .. .. .. 113
information—entitled to .. .. .. .. .. .. 109
preliminary disposition .. .. .. .. .. .. 109
open custody—
conditions .. .. .. .. .. .. .. .. 115
discharge from .. .. .. .. .. .. .. 115
when person in .. .. .. .. .. .. .. 114
dealt with by your own service .. .. .. .. .. 9
defence—preparation of .. .. .. .. .. .. 174
documents furnished to—
before courts martial .. .. .. .. .. .. .. 172
receipt of by .. .. .. .. .. .. .. .. 173

1
 joint trials .. .. .. .. .. .. .. .. 3
application for separate trial .. .. .. .. .. .. 4
meaning of, for purposes of Chapter 112 .. .. .. .. 117
persons embarked in vessels and aircraft .. .. .. .. 10
statement against, after evidence—caution before statement .. 153
statement on oath, or call witness in his defence .. .. .. 156
trial by court martial—see Chapter 112
Acquittal
bar to further trial .. .. .. .. .. .. .. 11
procedure when, at courts martial .. .. .. .. .. 184
Address—see “Chapter 112”
Admissions
similar offence—at court martial .. .. .. .. .. 203
Adviser
meaning of “accused” does not include .. .. .. .. 177
qualifications .. .. .. .. .. .. .. .. 173
right to accused to .. .. .. .. .. .. .. 173

Affirmation
from of in lieu of oath .. .. .. .. .. .. 131
139
162
193

Aiding
Commission of offence .. .. .. .. .. .. 15
277
Aircraft
command of .. .. .. .. .. .. .. .. 72
disobedience to captain of .. .. .. .. .. .. 72
inaccurate certificate .. .. .. .. .. .. .. 71
low flying—offence .. .. .. .. .. .. .. 71
offences in relation to .. .. .. .. .. .. .. 69
persons embarked on, how tried .. .. .. .. .. 10
276
Appeal
from fining or sentence of court martial—
abandonment of appeal .. .. .. .. .. .. 253
appeals from court martial—see Chapter 115
applications for leave of appeal .. .. .. .. .. 245
252
constitution of court martial appeal court .. .. .. .. 244
court martial proceeding .. .. .. .. .. .. 254
defence of .. .. .. .. .. .. .. .. 249

2
 documents and exhibits .. .. .. .. .. .. 255
duties of registrar .. .. .. .. .. .. .. 250
forms .. .. .. .. .. .. .. .. 259
legal aid to appellants .. .. .. .. .. .. .. 248
petitions .. .. .. .. .. .. .. .. 252
rules of court .. .. .. .. .. .. .. .. 245
252
security of documents, etc. .. .. .. .. .. .. 255
supplementary power of court .. .. .. .. .. 246
special reference to the court .. .. .. .. .. 251

Approving Authority
meaning of .. .. .. .. .. .. .. .. 145
endorsement of punishment warrant by .. .. .. .. 147

Arrest
escape from .. .. .. .. .. .. .. .. 64
force use of .. .. .. .. .. .. .. .. 108
improperly detaining in .. .. .. .. .. .. 61
285
improperly freeing person under .. .. .. .. .. 62
285
information to arrested person .. .. .. .. .. 108
meaning of .. .. .. .. .. .. .. .. 106
obstruction—
military police .. .. .. .. .. .. .. 65
285
civil police .. .. .. .. .. .. .. .. 66
285
officers—
special report .. .. .. .. .. .. .. .. 115
power of .. .. .. .. .. .. .. .. 107
202
with warrant .. .. .. .. .. .. .. .. 108
without warrant .. .. .. .. .. .. .. 107
292
specially appointed personnel .. .. .. .. .. 107
292
special report—officers and warrant officers .. .. .. 115

Assisting Officer
appointment of .. .. .. .. .. .. .. 133
duty of .. .. .. .. .. .. .. .. 138

Attachment—(see “Officer’ and “Men”)

3
Attempt
how charged .. .. .. .. .. .. .. .. 84
290
to commit offence .. .. .. .. .. .. .. 15
277
48
to desert .. .. .. .. .. .. .. .. 282

B
Billeting
offences in relation to .. .. .. .. .. .. .. 73
287

Board of Inquiry
convening of .. .. .. .. .. .. .. .. 294
offences in relation to .. .. .. .. .. .. 91
299

Breaking out
barracks, camp, quarters or ship .. .. .. .. .. 46
282

C
Caution
accused to be given before making statement .. .. .. 153
punishment .. .. .. .. .. .. .. .. 105

Charge
alternative—
effect on, change of plea .. .. .. .. .. .. 215
meaning of .. .. .. .. .. .. .. .. 117
procedure on guilty plea .. .. .. .. .. .. 195
staying of .. .. .. .. .. .. .. .. 179
215
117
when laid .. .. .. .. .. .. .. .. 193
amendment of when particulars deficient .. .. .. .. 208
contents of charge report .. .. .. .. .. .. 119
contents of charge sheet .. .. .. .. .. .. 122
dismissal of .. .. .. .. .. .. .. .. 125
131
138
162
176
193

4
 dismissal, stay of proceedings operating as .. .. .. .. 215
disposal of bar to subsequent trial .. .. .. .. .. 11
disposition—
application to higher authority for .. .. .. .. .. 152
by Commanding officer—preliminary .. .. .. .. 125
interpretation of .. .. .. .. .. .. .. 3
investigation of .. .. .. .. .. .. .. 125
numbering of .. .. .. .. .. .. .. .. 119
recording of .. .. .. .. .. .. .. .. 118
separate trial .. .. .. .. .. .. .. .. 178
statement by accused, pre-trial .. .. .. .. .. 6
153

Charge Report
commencement .. .. .. .. .. .. .. 119
contents of .. .. .. .. .. .. .. .. 118
form of .. .. .. .. .. .. .. .. 120
offence-statement of .. .. .. .. .. .. .. 119
particulars-how entered on .. .. .. .. .. .. 120
reading of, at trial .. .. .. .. .. .. .. 130
statement of—
offence from of .. .. .. .. .. .. .. 119
particulars, contents .. .. .. .. .. .. .. 120
when prepared .. .. .. .. .. .. .. 118
witness, name to be included .. .. .. .. .. 119

Charge Sheet
amendment of by court martial .. .. .. .. .. 208
commencement .. .. .. .. .. .. .. 122
contents .. .. .. .. .. .. .. .. 121
direction for court martial, endorsement .. .. .. .. 159
167
159
167
endorsement on .. .. .. .. .. .. .. 164
error in correction of .. .. .. .. .. .. .. 209
form of .. .. .. .. .. .. .. .. 123
forwarding of to higher authority .. .. .. .. .. 157
more than one charge, application for separate trial .. .. .. 178
reading of, at trial .. .. .. .. .. .. .. 161
statement of—
offence .. .. .. .. .. .. .. .. 123
particulars—contents .. .. .. .. .. .. .. 123
when prepared .. .. .. .. .. .. .. 118

5
Chief of Defence Staff
committing authority .. .. .. .. .. .. .. 226
courts martial—convening .. .. .. .. .. .. 165
detention—suspension .. .. .. .. .. .. 224
findings—
quashing .. .. .. .. .. .. .. .. 219
substitution .. .. .. .. .. .. .. .. 220
imprisonment—
hard labour may order punishment to be without .. .. .. 223
suspensions—
new trial—authority to order .. .. .. .. .. .. 224
punishment—
mitigation, communication .. .. .. .. .. .. 222
report—may be given by .. .. .. .. .. .. 4

Civil Courts
finding by—bar to trial by service jurisdiction .. .. .. 11
305
Jurisdiction .. .. .. .. .. .. .. .. 13
sentence of, effect on unexpected punishment .. .. .. 4
sentence of, service punishment to be considered .. .. .. 14

Civilians
accompanying the Armed Forces .. .. .. .. .. 10
277
appointment .. .. .. .. .. .. .. .. 274
arrest, authority for .. .. .. .. .. .. .. 107
charge sheet, description to .. .. .. .. .. .. 122
code of service discipline, subject to .. .. .. .. 8
276
fines, limit of .. .. .. .. .. .. .. .. 103
304
summary trial, not liable to .. .. .. .. .. .. 12
witness at court martial, may be summoned .. .. .. .. 174

Civil Offences
neglect or refusal to deliver person over-offence .. .. .. 6

Clemency
recommendations to .. .. .. .. .. .. .. 205
Close Custody—(see “Custody”)
Close Court
definition .. .. .. .. .. .. .. .. 198
exclusion of person during .. .. .. .. .. .. 210

6
Code of Service Discipline
applicable beyond Ghana .. .. .. .. .. .. 12
application of, general .. .. .. .. .. .. 8
liability, period of .. .. .. .. .. .. .. 13
person subject to .. .. .. .. .. .. .. 304
8
released personnel—
continued application to .. .. .. .. .. .. 9
territorial application .. .. .. .. .. .. .. 12

Cognate Offence
conviction of—
by commanding officers .. .. .. .. .. .. 144
by delegated officer .. .. .. .. .. .. .. 132
by superior commander .. .. .. .. .. .. 164
conviction of less serious offences .. .. .. .. .. 90
plea to guilty to .. .. .. .. .. .. .. 195
special finding of—by court martial .. .. .. .. .. 201

Command
disobedience of—
given by captain of aircraft .. .. .. .. .. .. 72
287
lawful .. .. .. .. .. .. .. .. 40
281
72
in aircraft .. .. .. .. .. .. .. .. 287
over accompanying person .. .. .. .. .. .. 11

Commanding officer
accused, next superior to act .. .. .. .. .. .. 2
charges—
disposition—
application to higher authority .. .. .. .. .. 152
preliminary .. .. .. .. .. .. .. .. 125
investigation .. .. .. .. .. .. .. .. 125
command, person accompanying the Armed Forces .. .. .. 11
court martial, outcome, to be informed of .. .. .. .. 184
186
definition of .. .. .. .. .. .. .. .. 1
detachment commander—
included .. .. .. .. .. .. .. .. 1
limitation on powers .. .. .. .. .. .. .. 1
detention barracks, limitation on action .. .. .. .. 1

7
 information to as to outcome of court martial .. .. .. 184
186
meaning of .. .. .. .. .. .. .. .. 1
power of trial, delegation .. .. .. .. .. .. 127
punishment—
action when powers inadequate .. .. .. .. .. 139
powers—
delegation of … .. .. .. .. .. .. .. 127
detachment commander .. .. .. .. .. .. 1
limited and conditional .. .. .. .. .. .. 134
remission, commutation and mitigation .. .. .. .. 232
responsibility for .. .. .. .. .. .. .. 127
submission for approval .. .. .. .. .. .. 145
reported by .. .. .. .. .. .. .. .. 4
trial by—
authority for .. .. .. .. .. .. .. .. 133
civilian not liable to .. .. .. .. .. .. .. 12
court martial .. .. .. .. .. .. .. .. 140
finding and sentence—
determination .. .. .. .. .. .. .. .. 140
pronouncement .. .. .. .. .. .. .. 144
general rules .. .. .. .. .. .. .. .. 138
in first instance .. .. .. .. .. .. .. 133
joint accused .. .. .. .. .. .. .. .. 3
powers, delegation .. .. .. .. .. .. .. 127
witnesses at court martial, duty to procure .. .. .. .. 174

Commanders
offences by, when in action .. .. .. .. .. .. 20

Committal officer
authority for .. .. .. .. .. .. .. .. 226
form .. .. .. .. .. .. .. .. 227

Compensation
receiving improperly—offence .. .. .. .. .. 87
290
Compulsion
as a defence .. .. .. .. .. .. .. .. 18
Condonation
not a defence .. .. .. .. .. .. .. 18
Conduct
cruel or disgraceful .. .. .. .. .. .. .. 56
284

8
 prejudicial to good order and discipline .. .. .. .. 83
287
scandalous, officers .. .. .. .. .. .. .. 57
284
Confession
admissibility question for judge advocate .. .. .. .. 188
pre-trial—
manner of recording .. .. .. .. .. .. .. 6
warning of accused .. .. .. .. .. .. .. 6
trial within a trial .. .. .. .. .. .. .. 209
Confinement to Barracks
power to award—
Commanding officer .. .. .. .. .. .. .. .. 134
delegated officer .. .. .. .. .. .. .. 128
punishment .. .. .. .. .. .. .. .. 104
rules relating to .. .. .. .. .. .. .. 50
Conspiracy
offence .. .. .. .. .. .. .. .. 76
288
Contempt
of service tribunal .. .. .. .. .. .. .. 91
statement of offence, form of .. .. .. .. .. 92
Convening authority
authorization to act as .. .. .. .. .. .. 165
court martial—
in camera, power to order .. .. .. .. .. .. 189
outcome at, to be informed of .. .. .. .. .. 184
186
dissolution of court by .. .. .. .. .. .. 211
documents, forwarding of .. .. .. .. .. .. 172
endorsement of charge sheet by .. .. .. .. .. 167
guilty plea, concurrence in acceptance .. .. .. .. 195
judge advocate, appointment by .. .. .. .. .. 169
171
information to—
as to outcome of trial .. .. .. .. .. .. .. 184
186
death or disability of judge advocate .. .. .. .. 211
insanity of accused .. .. .. .. .. .. .. 202
president, appointment of .. .. .. .. .. .. 211
prosecutor, appointment of .. .. .. .. .. .. 170
public, exclusion from court martial, order for .. .. .. 189
record of proceedings, to be furnished with .. .. .. .. 213
reference to, by court on finding .. .. .. .. .. 199
summons to witness, power to issue .. .. .. .. .. 174
witness, power to summon .. .. .. .. .. .. 174

9
Convening Order
amendment of, by court martial .. .. .. .. .. 208
contents .. .. .. .. .. .. .. .. 165
distribution to—
accused .. .. .. .. .. .. .. .. 172
court official and commanding officer .. .. .. .. 172
error in, correction of .. .. .. .. .. .. .. 208
reading of at court martial .. .. .. .. .. .. 177
Conviction
appeal—
abandonment of .. .. .. .. .. .. .. 253
application for leave to .. .. .. .. .. .. 245
252
entry and appeal forms .. .. .. .. .. .. 259
procedure, rules regarding .. .. .. .. .. .. 245
right of .. .. .. .. .. .. .. .. 307
saving provisions .. .. .. .. .. .. .. 307
bar to further trial .. .. .. .. .. .. .. 11
305
desertion, effect on period of liability for other offences .. .. 13
304
offences, less serious .. .. .. .. .. .. 90
pronouncement by—
commanding officer when detention or reduction in rank
appropriate .. .. .. .. .. .. .. .. 144
delegated officer .. .. .. .. .. .. .. 132
superior commander .. .. .. .. .. .. .. 164
quashing .. .. .. .. .. .. .. .. 219
305
Convoys
Offences in relation to .. .. .. .. .. .. 67
Counsel
accused—
entitlement at court martial .. .. .. .. .. .. 173
appointment as prosecutor at—
disciplinary court martial .. .. .. .. .. .. 171
general court martial .. .. .. .. .. .. .. 170
court martial, responsibilities of .. .. .. .. .. 208
Counselling
offence .. .. .. .. .. .. .. .. 15
Court Martial Appeal Court—(see also “Appendix II”)
constitution of and function .. .. .. .. .. .. 244
payment of members and servants of court .. .. .. .. 244
rules of appeal procedure .. .. .. .. .. .. 245
252
10
Court Martial
accused—
copy of proceedings to .. .. .. .. .. .. 213
insane .. .. .. .. .. .. .. .. 212
preparation of defence by .. .. .. .. .. .. 174
representation of .. .. .. .. .. .. .. 173
right to present defence .. .. .. .. .. .. 207
several, procedure .. .. .. .. .. .. .. 213
address, on trial within trial .. .. .. .. .. .. 210
adjournment—
application of accused for .. .. .. .. .. .. 178
during determination of finding .. .. .. .. .. 199
generally .. .. .. .. .. .. .. .. 210
when insufficient members .. .. .. .. .. .. 190
211
when several accused .. .. .. .. .. .. 214
admission to .. .. .. .. .. .. .. .. 189
210
amendment of charge sheet or convening order .. .. .. 208
appeal from, right .. .. .. .. .. .. .. 307
assembly of .. .. .. .. .. .. .. .. 177
bar, plea in .. .. .. .. .. .. .. .. 178
camera, holding in , power to order .. .. .. .. .. 189
charge sheet amendment of .. .. .. .. .. .. 208
clemency, recommendation to .. .. .. .. .. 205
closed court, exclusion of public during .. .. .. .. 210
closing of to consider—
finding .. .. .. .. .. .. .. .. 184
199
sentence .. .. .. .. .. .. .. .. 203
205
commencement of .. .. .. .. .. .. .. 177
confession, admissibility of, determination .. .. .. .. 209
contempt—
by counsel .. .. .. .. .. .. .. .. 208
other person .. .. .. .. .. .. .. .. 91
convening authority—
copy of record to .. .. .. .. .. .. .. 213
dissolution by .. .. .. .. .. .. .. 167
211
exclusion of public by .. .. .. .. .. .. 189
information to, of death or disability .. .. .. .. 211

11
power to summon witness .. .. .. .. .. .. 174
sitting in camera, power to order .. .. .. .. .. 189
who is .. .. .. .. .. .. .. .. 165
convening order amendment of .. .. .. .. .. 208
counsel, responsibilities .. .. .. .. .. .. 208
court report, swearing of .. .. .. .. .. .. 178
192
death sentence, imposition of .. .. .. .. .. 203
defence—
right of accused to present .. .. .. .. .. .. 207
scope of .. .. .. .. .. .. .. .. 207
direction for trial by .. .. .. .. .. .. .. 158
167
disciplinary—
application of chapter 112 .. .. .. .. .. .. 177
eligibility to serve on .. .. .. .. .. .. .. 171
ineligibility to serve on .. .. .. .. .. .. 171
judge advocate appointment of .. .. .. .. .. 171
jurisdiction of .. .. .. .. .. .. .. 170
members, number of .. .. .. .. .. .. .. 171
prosecutor, appointment of .. .. .. .. .. .. 171
disqualification of members, inquiry as to .. .. .. .. 177
dissolution of .. .. .. .. .. .. .. 167
211
documents—
forwarding by convening authority .. .. .. .. .. 172
receipt for, by accused .. .. .. .. .. .. 173
election for trial by withdrawal of .. .. .. .. .. 176
error, clerical, correction of .. .. .. .. .. .. 208
false evidence to .. .. .. .. .. .. .. 95
finding—
attempt .. .. .. .. .. .. .. .. 15
closing to consider .. .. .. .. .. .. .. 184
directions as to .. .. .. .. .. .. .. 200
determination of .. .. .. .. .. .. .. 199
insanity .. .. .. .. .. .. .. .. 210
irregularities in procedure—effect upon .. .. .. .. 3
pronouncement of .. .. .. .. .. .. .. 184
special .. .. .. .. .. .. .. .. 201
general—
application of chapter 112 .. .. .. .. .. .. 177
eligibility to serve on .. .. .. .. .. .. .. 168

12
 ineligibility to serve on .. .. .. .. .. .. 169
joint trials .. .. .. .. .. .. .. .. 3
judge advocate, appointment of .. .. .. .. .. 169
jurisdiction .. .. .. .. .. .. .. .. 168
members—
number of .. .. .. .. .. .. .. .. 168
rank of .. .. .. .. .. .. .. 169
minor punishment by award of .. .. .. .. .. 168
prosecutor, appointment of .. .. .. .. .. .. 170
insanity—
finding of .. .. .. .. .. .. .. .. 201
information to convening authority .. .. .. .. .. 202
interpreter—
objection to .. .. .. .. .. .. .. .. 178
192
Swearing .. .. .. .. .. .. .. .. 178
192
Judge advocate—
death or disability of .. .. .. .. .. .. 211
documents forwarded to .. .. .. .. .. .. 172
general responsibilities .. .. .. .. .. .. 206
power of, questions of law .. .. .. .. .. .. 187
power to summon witness .. .. .. .. .. .. 174
questioning of wittiness by .. .. .. .. .. .. 180
swearing of .. .. .. .. .. .. .. .. 191
178
law, questions of, how determined .. .. .. .. .. 187
member—
alternate, when to sit .. .. .. .. .. .. .. 190
death or disability .. .. .. .. .. .. .. 211
general responsibilities .. .. .. .. .. .. 206
inquiry as to disqualification .. .. .. .. .. 177
objection to .. .. .. .. .. .. .. .. 178
190
proceedings, in absence of court .. .. .. .. .. 187
presence throughout trial .. .. .. .. .. .. 213
questioning of witness by .. .. .. .. .. .. 180
swearing of .. .. .. .. .. .. .. .. 178
191
voting by, on finding .. .. .. .. .. .. 199
objection of members .. .. .. .. .. .. 178
190

13
president—
direction on question of law by .. .. .. .. .. 187
documents forwarded to .. .. .. .. .. .. 172
exclusion of public by .. .. .. .. .. .. 189
power to—
direct view .. .. .. .. .. .. .. .. 211
summon witness .. .. .. .. .. .. .. 174
prima facie case, motion of no .. .. .. .. .. 180
procedure—(see also “Article 112.04”)
generally .. .. .. .. .. .. .. .. 177
on incidental questions .. .. .. .. .. .. 209
on plea in bar of trial .. .. .. .. .. .. .. 194
when particulars deficient .. .. .. .. .. .. 193
where several accused .. .. .. .. .. .. 213
proceedings in absence of court .. .. .. .. .. 187
prosecutor—
documents forwarded to .. .. .. .. .. .. 172
general responsibility .. .. .. .. .. .. 207
public admission of .. .. .. .. .. .. .. 177
189
questions of law, how determined .. .. .. .. .. 187
record of proceedings—
certification .. .. .. .. .. .. .. .. 213
disposition .. .. .. .. .. .. .. .. 213
loss of .. .. .. .. .. .. .. .. 4
responsibilities .. .. .. .. .. .. .. 206
208
review of—
by Judge Advocate General .. .. .. .. .. .. 236
procedure when illegality exists .. .. .. .. .. 236
sentence—
closing to .. .. .. .. .. .. .. .. 186
204
Determination .. .. .. .. .. .. .. 203
directions as to .. .. .. .. .. .. .. 204
one only .. .. .. .. .. .. .. .. 204
voting on .. .. .. .. .. .. .. .. 203
similar offence admission of—
termination of .. .. .. .. .. .. .. 167
184
194
trail within trial, procedure .. .. .. .. .. .. 209
view—
ordering of .. .. .. .. .. .. .. .. 211
procedure during .. .. .. .. .. .. .. 211

14
 voting on—
finding .. .. .. .. .. .. .. .. 199
incidental questions .. .. .. .. .. .. .. 209
sentence .. .. .. .. .. .. .. .. 203
witness—
duty to obtain attendance .. .. .. .. .. .. 174
further call by court .. .. .. .. .. .. .. 182
prosecution, accused to be informed .. .. .. .. .. 176
recall by court .. .. .. .. .. .. .. 182
summoning of .. .. .. .. .. .. .. 174

Cowardice
person in presence of enemy .. .. .. .. .. .. 24
278
specimen charges .. .. .. .. .. .. .. 26

Criminal Code—(see “Service Trail of Civil Offences”)

offences under .. .. .. .. .. .. .. 95
Custody
accused in, found insane .. .. .. .. .. .. 202
212
close—
account in writing .. .. .. .. .. .. .. 110
condition of—
for men below the rank of warrant officer .. .. .. .. 111
for officers and warrant officers .. .. .. .. .. 111
generally .. .. .. .. .. .. .. .. 112
discharge from .. .. .. .. .. .. .. 110
114
disposition of person in—
preliminary .. .. .. .. .. .. .. .. 109
subsequent .. .. .. .. .. .. .. .. 114
during trial .. .. .. .. .. .. .. .. 113
duty to receive person in .. .. .. .. .. .. 110
information to person in .. .. .. .. .. .. 109
how effected .. .. .. .. .. .. .. 109
meaning of .. .. .. .. .. .. .. .. 106
observation of person in .. .. .. .. .. .. 113
of women, special conditions .. .. .. .. .. .. 113
persons in, sent to hospital .. .. .. .. .. .. 113
reduction to open .. .. .. .. .. .. .. 113
report of person in .. .. .. .. .. .. .. 110
restriction on visitors .. .. .. .. .. .. 112
subordinate, placed in .. .. .. .. .. .. 109
when advisable .. .. .. .. .. .. .. 109

15
 withholding of .. .. .. .. .. .. .. 112
civil authority duty to take over from .. .. .. .. 111
discharge from—
on non-approval of warrant .. .. .. .. .. .. 149
report of, when required .. .. .. .. .. .. 115
insanity, in cases of .. .. .. .. .. .. .. 202
interim, notification to unit .. .. .. .. .. .. 111
limitations on .. .. .. .. .. .. .. .. 116
mail, withholding of .. .. .. .. .. .. .. 112
open—
conditions of .. .. .. .. .. .. .. .. 115
discharge from .. .. .. .. .. .. .. 115
meaning of .. .. .. .. .. .. .. .. 106
when to be placed in .. .. .. .. .. .. .. 114
reports in respect of .. .. .. .. .. .. .. 115
statements while in .. .. .. .. .. .. .. 6
trial, during .. .. .. .. .. .. .. .. 113

D
Damaging
property .. .. .. .. .. .. .. .. 80
Death
sentence—approval .. .. .. .. .. .. .. 218
recommendation for clemency .. .. .. .. .. 205
unanimity necessary .. .. .. .. .. .. .. 203
Defence
insanity as .. .. .. .. .. .. .. . 19
scope, at trail by court martial. .. .. .. .. .. 207
rules and principles at civil proceedings to apply .. .. .. 18
Defending Officer
address—
closing .. .. .. .. .. .. .. .. 183
closing, adjournment desired to prepare .. .. .. .. 210
in mitigation of punishment .. .. .. .. .. .. 203
opening. .. . .. .. .. .. .. .. 198
on trial within trial .. .. .. .. .. .. .. 209
appointment of .. .. .. .. .. .. .. 173
duties of .. .. .. .. .. .. .. .. 174
180
183
prima facie case, motion of no .. .. .. .. .. 180
qualifications of .. .. .. .. .. .. .. 173
rights of .. .. .. .. .. .. .. .. 173
rights to .. .. .. .. .. .. .. .. 173

16
 witness—
calling of .. .. .. .. .. .. .. .. 181
for no trial within trial .. .. .. .. .. .. .. 209
Definitions
absence without leave .. .. .. .. .. .. .. 52
283
accompanies—person companying the Armed Forces .. .. 10
accused .. .. .. .. .. .. .. .. 177
active service .. .. .. .. .. .. .. .. 33
48
58
alternative charge .. .. .. .. .. .. .. 117
approving authority .. .. .. .. .. .. .. 145
arrest .. .. .. .. .. .. .. .. 106
charge .. .. .. .. .. .. .. .. 117
closed court .. .. .. .. .. .. .. .. 189
close custody .. .. .. .. .. .. .. .. 106
commanding officer .. .. .. .. .. .. .. 1
commutation .. .. .. .. .. .. .. .. 222
conspires .. .. .. .. .. .. .. .. 76
288
convoying .. .. .. .. .. .. .. .. 67
cowardice .. .. .. .. .. .. .. 21
24
cowardly .. .. .. .. .. .. .. .. 67
custody—how construed in chapter 114 .. .. .. .. 217
desertion .. .. .. .. .. .. .. .. 48
dismissed .. .. .. .. .. .. .. .. 1
drunkenness .. .. .. .. .. .. .. .. 57
examination .. .. .. .. .. .. .. .. 177
fraudulent .. .. .. .. .. .. .. .. 88
hazards .. .. .. .. .. .. .. .. 68
in camera .. .. .. .. .. .. .. .. 189
injuries .. .. .. .. .. .. .. .. 59
intent .. .. .. .. .. .. .. .. 24
intoxication .. .. .. .. .. .. .. .. 57
irregularly .. .. .. .. .. .. .. .. 34
knowingly .. .. .. .. .. .. .. .. 83
less punishment .. .. .. .. .. .. .. 99
maiming .. .. .. .. .. .. .. .. 58
mitigation .. .. .. .. .. .. .. .. 222
neglect .. .. .. .. .. .. .. .. 83
neglect of duty.. .. .. .. .. .. .. .. 32
negligently .. .. .. .. .. .. .. .. 62
74
77

17
 officers violence .. .. .. .. .. .. .. 42
46
open custody .. .. .. .. .. .. .. .. 106
rank-how construed .. .. .. .. .. .. .. 2
remission .. .. .. .. .. .. .. .. 222
ring leader .. .. .. .. .. .. .. .. 38
safeguard .. .. .. .. .. .. .. .. 28
sentence .. .. .. .. .. .. .. .. 105
sequestration .. .. .. .. .. .. .. .. 69
traitorously .. .. .. .. .. .. .. .. 20
wilful .. .. .. .. .. .. .. .. 32
58
Wilfully .. .. .. .. .. .. .. .. 59
62
65
68
69
77
80
without authority .. .. .. .. .. .. .. 28
48
52
62
Delegated Officer
charges, preliminary disposition of .. .. .. .. .. 125
delegation of power by commanding officer .. .. .. .. 127
powers of punishment—
action when inadequate .. .. .. .. .. .. 130
limitations .. .. .. .. .. .. .. .. 128
trail by—
authority for .. .. .. .. .. .. .. .. 127
commencement .. .. .. .. .. .. .. 130
finding and sentence—
determination .. .. .. .. .. .. .. .. 131
pronouncement .. .. .. .. .. .. .. 132
general rules .. .. .. .. .. .. .. .. 130
jurisdiction .. .. .. .. .. .. .. .. 127
limitation of powers .. .. .. .. .. .. .. 127
powers of punishment .. .. .. .. .. .. .. 128
Dependants
code of service discipline, when subject to .. .. .. .. 10
Desertion
arrest of person in state of .. .. .. .. .. .. 107
connivance at .. .. .. .. .. .. .. .. 50
offence .. .. .. .. .. .. .. .. 48

18
 period of liability for other offence, effect on.. .. .. .. 13
time bar for other offence, effect on .. .. .. .. .. 13
time in, effect on period of liability for other offence .. .. 13
Destroying
property-offence .. .. .. .. .. .. .. 80
Detachment Commander
commanding officer includes .. .. .. .. .. .. 1
power of punishment may be limited .. .. .. .. .. 1
Detention
approval required in certain cases .. .. .. .. .. 144
commanding officer, power to award .. .. .. .. .. 134
committal to .. .. .. .. .. .. .. .. 229
committing authorities .. .. .. .. .. .. 226
conditions, generally .. .. .. .. .. .. .. 101
custody pending committal .. .. .. .. .. .. 226
delegated officer, power to award .. .. .. .. .. 128
discharge from, on non-approval of warrant .. .. .. .. 149
officer, not subject to .. .. .. .. .. .. .. 101
punishment deemed included .. .. .. .. .. .. 101
removed from, temporarily .. .. .. .. .. .. 231
right to elect trial by court martial, non-commissioned officers .. 140
suspension—
authorization .. .. .. .. .. .. .. .. 224
232
conditions governing .. .. .. .. .. .. .. 225
time reckoned towards completion of term .. .. .. .. 218
Detention Barracks
commanding Officer—
limitation of jurisdiction .. .. .. .. .. .. 1
committal to .. .. .. .. .. .. .. .. 229
removal form—temporarily .. .. .. .. .. .. 231
unit detention rooms—committal to .. .. .. .. .. 226
Disciplinary Court Martial—(see “Court Martial”)
Disease
feigning, aggravating, producing or maiming.. .. .. .. 58
Disgraceful Conduct
offence .. .. .. .. .. .. .. .. 56
Dismissal from the Armed Forces
incapacity to serve the Republic of Ghana not resulting .. .. 101
punishment—
approval of .. .. .. .. .. .. .. .. 218
award of .. .. .. .. .. .. .. .. 101

19
Dismissal of Charge
bar to trial .. .. .. .. .. .. .. .. 11
305
court martial, no power to effect .. .. .. .. .. 2
definition of .. .. .. .. .. .. .. .. 1
higher authority, by .. .. .. .. .. .. .. 158
meaning of .. .. .. .. .. .. .. .. 1
time at which possible.. .. .. .. .. .. .. 1
Dismissal With Disgrace from the Armed Forces
Additional Punishment .. .. .. .. .. .. 100
incapacity to serve the Republic of Ghana .. .. .. .. 101
punishment—
approval .. .. .. .. .. .. .. .. 218
award .. .. .. .. .. .. .. .. 100
Disobedience
command of captain of aircraft .. .. .. .. .. 72
lawful command .. .. .. .. .. .. .. 40
Disorders
conduct to the prejudice of good order and military disciplines .. 83
offence .. .. .. .. .. .. .. .. 46
quarrels and disturbances .. .. .. .. .. .. 45
Disturbances
causing .. .. .. .. .. .. .. .. 45
Documents
concerning incarceration, authority of .. .. .. .. 232
offences in relation to .. .. .. .. .. .. .. 74
Documents and Records
evidence, admissibility as .. .. .. .. .. .. 214
Drunkenness
absence without leave, no excuse for .. .. .. .. .. 52
civil defence available to accused .. .. .. .. .. 18
definition of .. .. .. .. .. .. .. .. 57
in the presence of the enemy—offence .. .. .. .. 24
offence of .. .. .. .. .. .. .. .. 57
sentry or lookout .. .. .. .. .. .. .. 28

E
Election of Trail by Court Martial
bar to summary trial .. .. .. .. .. .. .. 133
140
right to .. .. .. .. .. .. .. .. 140
withdrawal of .. .. .. .. .. .. .. .. 176

20
Enemy
Offence in relation to .. .. .. .. .. .. 20
24
28
prisoner of war, taken by the .. .. .. .. .. .. 32
Escape
from custody .. .. .. .. .. .. .. .. 64
person in custody, assisting .. .. .. .. .. .. 62
Evidence
abstract of, preparation .. .. .. .. .. .. 155
documents and records-admissibility .. .. .. .. 214
exhibits, return of. .. .. .. .. .. .. .. 2
oath taken before giving—
at court martial .. .. .. .. .. .. .. 192
at summary trial by commanding officer .. .. .. .. 138
at summary trial by delegated officer .. .. .. .. 131
at summary trial by superior commander .. .. .. .. 162
presumption—
of desertion .. .. .. .. .. .. .. .. 48
question of law where judge advocate appointed .. .. .. 187
restitution of property .. .. .. .. .. .. 2
rules of-proceedings before civil court to be applied .. .. 214
summary of .. .. .. .. .. .. .. .. 152
trail within a trail .. .. .. .. .. .. .. 209
Examination
court martial, at .. .. .. .. .. .. .. 180
198
203
cross-examination, postponement of .. .. .. .. 180
meaning of .. .. .. .. .. .. .. .. 177
re-examination .. .. .. .. .. .. .. 180
Excuse
drunkenness .. .. .. .. .. .. .. .. 52
for offence, what may be .. .. .. .. .. .. 18
ignorance of law no .. .. .. .. .. .. .. 17
Exhibit
return of .. .. .. .. .. .. .. .. 2
Extra Work and Drill
commanding officer, power to award .. .. .. .. 134
delegated officer, power to award .. .. .. .. .. 128
minor punishment .. .. .. .. .. .. .. 104
not exceeding two hours a day—
commanding officer, power to award .. .. .. .. 134

21
 delegated officer, power to award .. .. .. .. .. 128
rules relating to .. .. .. .. .. .. .. 150

F
False Accusation
offence .. .. .. .. .. .. .. .. 83
False Statement
affecting chapter .. .. .. .. .. .. .. 83
documents .. .. .. .. .. .. .. .. 74
leave prolongation .. .. .. .. .. .. .. 55
Fighting
quarrels and disturbances .. .. .. .. .. .. 45
Finding
alteration, commanding officer, power to .. .. .. .. 232
attempt .. .. .. .. .. .. .. .. 15
court martial—
closing to consider .. .. .. .. .. .. .. 184
determination of .. .. .. .. .. .. .. 199
direction on .. .. .. .. .. .. .. .. 200
on alternative charge .. .. .. .. .. .. 184
determination of by—
commanding officer .. .. .. .. .. .. .. 140
delegated officer .. .. .. .. .. .. .. 131
superior commander .. .. .. .. .. .. .. 163
guilty, procedure after by court martial .. .. .. .. 184
illegal by court martial, advice of judge advocate .. .. .. 184
insanity of .. .. .. .. .. .. .. .. 201
irregularities in procedure, effect on .. .. .. .. .. 3
pronouncement by—
commanding officer .. .. .. .. .. .. .. 144
court martial .. .. .. .. .. .. .. 184
delegated officer .. .. .. .. .. .. .. 132
superior commander .. .. .. .. .. .. .. 164
quashing—
authority for .. .. .. .. .. .. .. .. 219
305
effect on sentence .. .. .. .. .. .. .. 219
powers of commanding officer .. .. .. .. .. 232
special—
accused to be informed of .. .. .. .. .. .. 132
144
184
201

22
 at court martial, advice by judge advocate .. .. .. .. 184
authority for .. .. .. .. .. .. .. .. 90
291
by commanding officer .. .. .. .. .. .. 141
by court martial .. .. .. .. .. .. .. 200
by delegated officer .. .. .. .. .. .. .. 131
by superior commander .. .. .. .. .. .. 163
substitution of—
effect on sentence .. .. .. .. .. .. .. 221
new for illegal .. .. .. .. .. .. .. 220
Fine
commanding officer, power to award .. .. .. .. 134
conditions, generally .. .. .. .. .. .. .. 103
delegated officer, power to award .. .. .. .. .. 128
limit of .. .. .. .. .. .. .. .. 103
128
134
160
payment of .. .. .. .. .. .. .. .. 103
superior commander, power to award .. .. .. .. 160
Fire
causing .. .. .. .. .. .. .. .. 77
Flying
command in aircraft .. .. .. .. .. .. .. 72
low .. .. .. .. .. .. .. .. 71
Force
defence for use of .. .. .. .. .. .. .. 18
Forfeiture of Seniority .. .. .. .. .. .. .. 134
commanding officer, power to award .. .. .. .. 134
conditions, generally .. .. .. .. .. .. .. 102
limit of .. .. .. .. .. .. .. .. 102
sentence, form of .. .. .. .. .. .. .. 102
Formation Commander—(see “Officer Commanding a Formation”)
Forms
abstract of evidence .. .. .. .. .. .. .. 152
account in writing .. .. .. .. .. .. .. 110
charge report .. .. .. .. .. .. .. 120
charge sheet .. .. .. .. .. .. .. .. 123
committal order .. .. .. .. .. .. .. 226
convening order .. .. .. .. .. .. .. 165
oath—
interpreter at court martial .. .. .. .. .. .. 192
judge advocate at court martial .. .. .. .. .. 191

23
 members of court martial .. .. .. .. .. .. 191
reporter at court martial .. .. .. .. .. .. 192
witness at—
court martial .. .. .. .. .. .. .. .. 192
summary trial by commanding officer .. .. .. .. 138
summary trial by delegated officer .. .. .. .. .. 130
summary trial by superior commander .. .. .. .. 162
order for discharge from custody .. .. .. .. .. 231
order respecting contempt .. .. .. .. .. .. 91
punishment warrant .. .. .. .. .. .. .. 146
receipt for documents transmitted to accused .. .. .. 173
statement of appeal .. .. .. .. .. .. .. 259
statement of offence .. .. .. .. .. .. .. 20
summons to witness .. .. .. .. .. .. .. 175
temporary removal from custody order .. .. .. .. 230
transfer of custody warrant .. .. .. .. .. .. 230
Fraud
offences involving .. .. .. .. .. .. .. 87

G
General Court Martial—(see “Court Martial”)
Glider
command in .. .. .. .. .. .. .. .. 72

H
Hard Labour
imprisonment without—order regarding .. .. .. .. 223
Hazarding
Vessel .. .. .. .. .. .. .. .. 68
Hospital
custody, close while in .. .. .. .. .. .. 113

I
Ignorance of Law
no excuse for offence .. .. .. .. .. .. 17
Ill-Treatment
of subordinate .. .. .. .. .. .. .. 55
Imprisonment
Committal .. .. .. .. .. .. .. .. 226
committing authorities .. .. .. .. .. .. 226
custody pending committal .. .. .. .. .. .. 226

24
 general conditions .. .. .. .. .. .. .. 99
punishment—
deemed included .. .. .. .. .. .. .. 99
in addition .. .. .. .. .. .. .. .. 99
removed from temporarily .. .. .. .. .. .. 231
sentence of by—
civil court, service punishment to be considered .. .. .. 13
service tribunal, remission when sentenced by civil court .. .. 13
suspension—
authority to .. .. .. .. .. .. .. .. 224
conditions of .. .. .. .. .. .. .. .. 225
time reckoned toward completion of term .. .. .. .. 218
without hard labour order respecting .. .. .. .. .. 223

Incarceration
civil prisons and rules regarding .. .. .. .. .. 232
committal to—
civil prisons .. .. .. .. .. .. .. .. 229
detention barracks .. .. .. .. .. .. .. 229
committal or transfer authority for .. .. .. .. .. 226
committing authorities .. .. .. .. .. .. 226
documents respecting, authority of .. .. .. .. .. 232
insanity while in persons .. .. .. .. .. .. 232
removal from temporarily .. .. .. .. .. .. 231
under more than one, sentence .. .. .. .. .. 105

Indecency
offence .. .. .. .. .. .. .. .. 56
284
Infirmity
malingers, feign, or produces .. .. .. .. .. 58

Injuries
self or another person, wilfully .. .. .. .. .. 59

Insanity
as a defence .. .. .. .. .. .. .. .. 19
at a trial—
alleged, procedure .. .. .. .. .. .. .. 212
custody of accused .. .. .. .. .. .. .. 12
determination of .. .. .. .. .. .. .. 12
212
disposition of accused .. .. .. .. .. .. 12
effect on limitation period .. .. .. .. .. .. 12
report by court .. .. .. .. .. .. .. 12

25
 when offence committed—
disposal of accused .. .. .. .. .. .. .. 202
finding .. .. .. .. .. .. .. .. 201
information to convening authority .. .. .. .. .. 202

Instruction
breach of how charged .. .. .. .. .. .. 83

Insubordination
behaving with contempt towards superior .. .. .. .. 44
insulting superior .. .. .. .. .. .. .. 44
threatening superior .. .. .. .. .. .. .. 44

Interpreter
oath to be taken by .. .. .. .. .. .. .. 192
objection to, by accused .. .. .. .. .. .. 192
Investigation of Charge
method of .. .. .. .. .. .. .. .. 125
preliminary, disposition of results .. .. .. .. .. 125
report on .. .. .. .. .. .. .. .. 126
requirement for .. .. .. .. .. .. .. 125
rules for, generally .. .. .. .. .. .. .. 125

J
Joint Trial—(see “Trial”)
Judge Advocate
address—
opening .. .. .. .. .. .. .. .. 178
closing .. .. .. .. .. .. .. .. 183
appointment of .. .. .. .. .. .. .. 169
171
death or disability of .. .. .. .. .. .. .. 211
documents forwarded to .. .. .. .. .. .. 172
duties of .. .. .. .. .. .. .. .. 177
206
finding—
illegal, advice to court on .. .. .. .. .. .. 184
not present during determination .. .. .. .. .. 210
illegal finding, power to advice court on .. .. .. .. 184
law, question of, power .. .. .. .. .. .. 187
opinion of, whether facts constitute offence .. .. .. .. 199
oath to be taken .. .. .. .. .. .. .. 191
presence of, during closed court .. .. .. .. .. 210
question of law, powers .. .. .. .. .. .. 187
ruling by, effect of .. .. .. .. .. .. .. 187

26
 summons, to witness, power to issue .. .. .. .. .. 174
swearing of .. .. .. .. .. .. .. 178
witness—
power to summon .. .. .. .. .. .. .. 174
questioning of by .. .. .. .. .. .. .. 180
Judge Advocate General
certification of illegality of court .. .. .. .. .. 236
court martial, review by .. .. .. .. .. .. 236
exhibits, order for return of .. .. .. .. .. 2
new trial directed by President or an authority on certification of 236
Jurisdiction
accompanying person .. .. .. .. .. .. .. 10
acquittal, previous .. .. .. .. .. .. .. 11
bar to, previous disposition of charge .. .. .. .. .. 11
civil court .. .. .. .. .. .. .. .. 13
commanding officer .. .. .. .. .. .. 133
140
conviction previous .. .. .. .. .. .. .. 11
date of trial .. .. .. .. .. .. .. .. 13
delegated officer .. .. .. .. .. .. .. 127
145
detention barracks, power of commanding officer .. .. .. 1
disciplinary court martial .. .. .. .. .. .. 170
dismissal of charge, previous .. .. .. .. .. 11
general court martial .. .. .. .. .. .. .. 168
generally .. .. .. .. .. .. .. .. 8
insanity at trial, effect of .. .. .. .. .. .. 11
man above warrant officer .. .. .. .. .. .. 160
manslaughter .. .. .. .. .. .. .. .. 13
murder .. .. .. .. .. .. .. .. 13
period of liability .. .. .. .. .. .. .. 13
place of—
commission of offence .. .. .. .. .. .. 12
trial .. .. .. .. .. .. .. .. 13
rape .. .. .. .. .. .. .. .. 13
superior commander .. .. .. .. .. .. ..
Leave
false statement for prolongation .. .. .. .. .. 55
Less Punishment
meaning of .. .. .. .. .. .. .. .. 99
Losing
property .. .. .. .. .. .. .. .. 80
vessels .. .. .. .. .. .. .. .. 68
Loss
records or court martial proceedings .. .. .. .. 4
27
 M
Mail
withholding of, persons in close custody .. .. .. .. 113

Malingering or Maiming
self or another person .. .. .. .. .. .. 58
Man
above warrant officer—
arrest, report of .. .. .. .. .. .. .. 115
custody, close .. .. .. .. .. .. .. .. 111
custody, charge from .. .. .. .. .. .. .. 115
trial of .. .. .. .. .. .. .. 113
160
arrest, power of .. .. .. .. .. .. .. 107
custody—
close—
conditions of non-commissioned offer and below .. .. .. 111
general conditions of .. .. .. .. .. .. .. 112
open, general conditions of .. .. .. .. .. .. 115
subject to code of Service Discipline .. .. .. .. 8

Manslaughter
jurisdiction of service tribunals .. .. .. .. .. 13

Minor punishment
caution—rules respecting .. .. .. .. .. .. 150
confinement to barracks, rules respecting .. .. .. .. 150
sentence of Disciplinary Court Martial not to include .. .. 170
sentence of General Court Martial no to include .. .. .. 168
type of .. .. .. .. .. .. .. 104
Murder
jurisdiction .. .. .. .. .. .. .. .. 13
Mutiny
offences related to .. .. .. .. .. .. .. 38
with violence .. .. .. .. .. .. .. .. 37
without violence .. .. .. .. .. .. .. 38

N
Negligence
prejudicial to good order and discipline .. .. .. . 83
New trial—(see “Trial”)
Notes
basis for .. .. .. .. .. .. .. .. 2
effect of .. .. .. .. .. .. .. .. 2

28
 O
Oath
affirmation in lieu of .. .. .. .. .. .. .. 131
139
162
193
court reporter, by .. .. .. .. .. .. .. 178
192
interpreter, by .. .. .. .. .. .. .. 178
192
judge advocate, by .. .. .. .. .. .. .. 178
191
members of court martial, by .. .. .. .. .. .. 178
191
objection to .. .. .. .. .. .. .. .. 193
refusal to take .. .. .. .. .. .. .. 91
summary trial, administration of .. .. .. .. .. 131
138
162
trial of several accused .. .. .. .. .. .. 213
witness, by .. .. .. .. .. .. .. .. 180
192
Obstructing
persons carrying out arrest .. .. .. .. .. .. 65

Offences—(see also “Statement of Offence”)

abetting commission .. .. .. .. .. .. .. 15
absence without leave .. .. .. .. .. .. 52
abuse of subordinates .. .. .. .. .. .. 52
accessories .. .. .. .. .. .. .. .. 15
accusations false .. .. .. .. .. .. .. 83
act tot the prejudice of good order and discipline .. .. .. 83
admission of similar, at court martial .. .. .. .. 203
aggravating disease .. .. .. .. .. .. .. 58
aiding commission of .. .. .. .. .. .. 15
aircraft—
disobedience to captain .. .. .. .. .. .. 72
inaccurate certificate respecting .. .. .. .. .. 71
wrongful acts respecting .. .. .. .. .. .. 69
71
arrest—
detaining unnecessarily .. .. .. .. .. .. 61
escape from .. .. .. .. .. .. .. .. 64

29
improperly freeing persons under .. .. .. .. .. 62
refusing assistance .. .. .. .. .. .. .. 65
resisting .. .. .. .. .. .. .. .. 65
arson, offences resembling .. .. .. .. .. .. 77
attempt to desert .. .. .. .. .. .. .. 48
attempt to commit .. .. .. .. .. .. .. 15
attempt commit, how charged .. .. .. .. .. 84
billeting, offences respecting .. .. .. .. .. 73
board of inquiry, offences respecting .. .. .. .. 91
breaking out .. .. .. .. .. .. .. .. 46
certificate-inaccurate respecting aircraft .. .. .. .. 71
civil offence, service trial of .. .. .. .. .. .. 95
civil power, obstruction of .. .. .. .. .. .. 66
cognate offence .. .. .. .. .. .. .. 90
command—
disobedience of lawful .. .. .. .. .. .. 40
in aircraft and gliders .. .. .. .. .. .. 72
commander, offence by .. .. .. .. .. .. 20
compensation, improper demand of .. .. .. .. .. 87
conduct—
cruel or disgraceful .. .. .. .. .. .. .. 56
scandalous, by officer .. .. .. .. .. .. 57
to the prejudice of good order and discipline .. .. .. 83
confinement, unnecessarily detaining in .. .. .. .. 61
conspiracy .. .. .. .. .. .. .. .. 76
contempt of service tribunal .. .. .. .. .. .. 91
convoy, offence respecting .. .. .. .. .. .. 67
counselling, commission of .. .. .. .. .. .. 15
court martial, offence before .. .. .. .. .. 91
cowardice .. .. .. .. .. .. .. .. 24
criminal code, offence under .. .. .. .. .. 95
cruelty .. .. .. .. .. .. .. .. 56
custodian, striking .. .. .. .. .. .. .. 46
custody—
escape from .. .. .. .. .. .. .. .. 64
improper .. .. .. .. .. .. .. .. 61
improperly freeing person in .. .. .. .. .. .. 62
refusing assistance to civil power .. .. .. .. .. 66
resisting .. .. .. .. .. .. .. .. 65
damaging property .. .. .. .. .. .. .. 80
decoration pawning or selling .. .. .. .. .. 80
deserter, failure to apprehend .. .. .. .. .. 50
desertion—
commission of .. .. .. .. .. .. .. 48

30
connivance of .. .. .. .. .. .. .. 50
destroying property .. .. .. .. .. .. .. 80
detaining unnecessarily in custody .. .. .. .. .. 61
disclosure, wrongful .. .. .. .. .. .. .. 28
disease—
delaying cure of .. .. .. .. .. .. .. 58
feigning or aggravating .. .. .. .. .. .. 58
disgraceful conduct .. .. .. .. .. .. .. 56
disobedience—
of lawful command .. .. .. .. .. .. .. 40
to captain or aircraft .. .. .. .. .. .. .. 72
disorder .. .. .. .. .. .. .. .. 46
disorder to the prejudice of good order and discipline .. .. 83
disturbance, causing .. .. .. .. .. .. .. 45
document, offence respecting .. .. .. .. .. 74
drunkenness—
commission of offence .. .. .. .. .. .. 57
on watch .. .. .. .. .. .. .. .. 24
when sentry or lookout .. .. .. .. .. .. 28
enemy—
offence by commander respecting .. .. .. .. .. 20
offence in relation to .. .. .. .. .. .. .. 24
28
escape—
assisting .. .. .. .. .. .. .. .. 62
from custody .. .. .. .. .. .. .. .. 64
excuse, ignorance of law .. .. .. .. .. .. 17
false—
accusation or statement .. .. .. .. .. .. 83
statement respecting leave .. .. .. .. .. .. 55
fighting .. .. .. .. .. .. .. .. 45
fire, causing .. .. .. .. .. .. .. .. 77
flying low .. .. .. .. .. .. .. .. 71
form of statement of .. .. .. .. .. .. .. 21
fraudulent act .. .. .. .. .. .. .. 87
feigning disease .. .. .. .. .. .. .. 58
glider, command in .. .. .. .. .. .. .. 72
hazarding vessel .. .. .. .. .. .. .. 58
ignorance of law no excuse .. .. .. .. .. .. 17
ill-treating of subordinate .. .. .. .. .. .. 55
injury, self-inflicted .. .. .. .. .. .. .. 58
instruction, breach of .. .. .. .. .. .. 83
insubordination .. .. .. .. .. .. .. 44
insulting superior .. .. .. .. .. .. .. 44

31
intelligence, giving to the enemy .. .. .. .. .. 28
indecency .. .. .. .. .. .. .. .. 56
justification for .. .. .. .. .. .. .. 18
leave, false statement respecting .. .. .. .. .. 55
less serious—
finding by—
commanding officer .. .. .. .. .. .. .. 141
court martial .. .. .. .. .. .. .. .. 200
delegated officer .. .. .. .. .. .. .. 131
guilty plea to .. .. .. .. .. .. .. .. 195
losing property .. .. .. .. .. .. .. 80
losing vessels .. .. .. .. .. .. .. 68
low flying .. .. .. .. .. .. .. .. 71
maiming .. .. .. .. .. .. .. .. 58
malingering .. .. .. .. .. .. .. .. 58
manslaughter, jurisdiction of service tribunal .. .. .. 13
mutiny .. .. .. .. .. .. .. .. 37
murder, jurisdiction of service tribunal .. .. .. .. 13
nature of, giving right to elect court martial .. .. .. .. 140
neglect to the prejudice of good order and discipline .. .. 83
obstructing arrest .. .. .. .. .. .. .. 65
officer; scandalous conduct .. .. .. .. .. .. 57
operations, miscellaneous officer related to .. .. .. .. 33
order, breach of .. .. .. .. .. .. .. 83
particulars of—
how entered on charge report .. .. .. .. .. 120
how entered on charge sheet .. .. .. .. .. .. 123
parties to .. .. .. .. .. .. .. .. 15
pawning decoration .. .. .. .. .. .. .. 80
place of commission .. .. .. .. .. .. .. 12
prisoner of war .. .. .. .. .. .. .. 32
procuring, commission of .. .. .. .. .. .. 15
property, damaging, destroying losing or selling .. .. .. 80
property left unprotected in warlike operations .. .. .. 34
punishable by ordinary law .. .. .. .. .. .. 95
quarrelling .. .. .. .. .. .. .. .. 45
rape, jurisdiction of service tribunal .. .. .. .. .. 13
receiving .. .. .. .. .. .. .. .. 81
redress—
false statement respecting .. .. .. .. .. .. 83
suppressing material fact .. .. .. .. .. .. 83
regulations, breach of .. .. .. .. .. .. 83
related—
conviction for .. .. .. .. .. .. .. 90

32
finding by—
commanding officer .. .. .. .. .. .. .. 140
court martial .. .. .. .. .. .. .. .. 20
delegated officer .. .. .. .. .. .. .. 131
guilty plea to .. .. .. .. .. .. .. .. 195
resisting arrest .. .. .. .. .. .. .. 65
resisting escort .. .. .. .. .. .. .. 46
responsibility for .. .. .. .. .. .. .. 15
retaining improperly .. .. .. .. .. .. .. 81
scandalous conduct, officer .. .. .. .. .. .. 57
security .. .. .. .. .. .. .. .. 28
self-injury .. .. .. .. .. .. .. .. 58
selling decorations .. .. .. .. .. .. .. 80
selling property improperly .. .. .. .. .. .. 80
service tribunal, contempt of .. .. .. .. .. 91
similar, admission of by accused .. .. .. .. .. 203
statement, false .. .. .. .. .. .. .. 83
statement of—
form .. .. .. .. .. .. .. .. 20
on charge sheet .. .. .. .. .. .. .. 123
stealing .. .. .. .. .. .. .. .. 81
stealing from person killed or wounded in warlike operation .. 34
stranding vessel .. .. .. .. .. .. .. 68
striking—
custodian .. .. .. .. .. .. .. .. 46
subordinate .. .. .. .. .. .. .. .. 55
superior .. .. .. .. .. .. .. .. 42
subordinate, ill-treating or striking .. .. .. .. .. 55
superior, offence against .. .. .. .. .. .. 42
44
taking property abandoned by enemy .. .. .. .. 34
theft .. .. .. .. .. .. .. .. 81
threatening superior .. .. .. .. .. .. .. 44
unauthorized use of vehicle .. .. .. .. .. .. 78
vehicle, unauthorise use of .. .. .. .. .. .. 78
vessel—
hazarding, losing, or stranding .. .. .. .. .. 68
under convoy .. .. .. .. .. .. .. .. 67
violence—
against custodian .. .. .. .. .. .. .. 46
against superior .. .. .. .. .. .. .. 42
witness, offence by .. .. .. .. .. .. .. 91

33
Officer
arrest, power of .. .. .. .. .. .. .. 107
arrest of, report required .. .. .. .. .. .. 115
attached or seconded—
code of service discipline subject to.. .. .. .. .. .. 8
conditions general .. .. .. .. .. .. .. 9
custody—
close—
conditions of .. .. .. .. .. .. .. .. 111
general conditions of .. .. .. .. .. .. .. 112
discharge from, when report required.. .. .. .. .. 115
open, general conditions .. .. .. .. .. .. 115
reproof by .. .. .. .. .. .. .. .. 4
scandalous conduct by on .. .. .. .. .. .. 57

Officer Commanding a Command

court martial convening .. .. .. .. .. .. 165

Opening Address
at trail by Court martial—
accused .. .. .. .. .. .. .. .. 168
prosecutor .. .. .. .. .. .. .. .. 197

Open Custody—(see “Custody”)

Operations
miscellaneous offences related to .. .. .. .. .. 33
Order
breach of, how charge .. .. .. .. .. .. 83
P
Pawning
order, decoration, or medical .. .. .. .. .. 80

Period of Liability
code of service discipline, time bar .. .. .. .. .. 13
Petition
court martial—
against conviction at .. .. .. .. .. .. .. 252
application for leave to appeal and notice.. .. .. .. .. 252
release from custody .. .. .. .. .. .. .. 116
Plea
attempt, guilty plea of .. .. .. .. .. .. 195
bar of trial .. .. .. .. .. .. .. .. 178
194
change of .. .. .. .. .. .. .. .. 196
215

34
 guilty of—
acceptance of .. .. .. .. .. .. .. .. 195
change of .. .. .. .. .. .. .. .. 196
procedure .. .. .. .. .. .. .. .. 178
195
lesser offence, guilty plea to .. .. .. .. .. .. 195
taking of guilty or not guilty .. .. .. .. .. .. 179

Power of Punishment
caution, awarded by—
commanding officer .. .. .. .. .. .. .. 134
delegated officer .. .. .. .. .. .. .. 128
commanding officer, generally .. .. .. .. .. 127
134
confinement to barracks, awarded by—
commanding officer .. .. .. .. .. .. .. 134
delegated officer .. .. .. .. .. .. .. 128
death, award of .. .. .. .. .. .. .. 99
delegated officer—
generally .. .. .. .. .. .. .. .. 128
limitation .. .. .. .. .. .. .. .. 128
detachment commander, limitation .. .. .. .. .. 1
detention, awarded by—
commanding officer .. .. .. .. .. .. .. 134
delegated officer .. .. .. .. .. .. .. 128
disciplinary court martial, limitation of.. .. .. .. .. 170
extra work and drill—
awarded by—
commanding officer .. .. .. .. .. .. .. 134
delegated officer .. .. .. .. .. .. .. 128
fine—
awarded by—
commanding officer .. .. .. .. .. .. .. 134
delegated officer .. .. .. .. .. .. .. 128
forfeiture of seniority, awarded by commanding officer.. .. .. 134
general court martial, limitation of .. .. .. .. .. 168
inadequate, action when by—
commanding officer .. .. .. .. .. .. .. 139
delegated officer .. .. .. .. .. .. .. 130
superior commander .. .. .. .. .. .. .. 162
limitation—
cross references .. .. .. .. .. .. .. 98
delegated officer .. .. .. .. .. .. .. 128
reduction in rank, awarded by commanding officer .. .. .. 134

35
 reprimand, awarded by—
commanding officer .. .. .. .. .. .. .. 134
delegated officer .. .. .. .. .. .. .. 128
subordinate officer, over, by commanding officer .. .. .. 134
superior commander, generally .. .. .. .. .. 160

Presumption
of desertion .. .. .. .. .. .. .. .. 48
Prima Facie Case
motion of no .. .. .. .. .. .. .. .. 180
Prisoner of War
offence by .. .. .. .. .. .. .. .. 32
time spent as, effect on period of liability for offence.. .. .. 13
Prison
civil—
insanity while in .. .. .. .. .. .. .. 232
rules regarding service prisoners .. .. .. .. .. 232
committal to—authority for .. .. .. .. .. .. 226
removal from-temporarily .. .. .. .. .. .. 231
transfer to new place of incarceration .. .. .. .. 229
Procedure
court martial .. .. .. .. .. .. .. .. 177
208
irregularity in effect of .. .. .. .. .. .. 3
new trial .. .. .. .. .. .. .. .. 237
rules of,—“Rules of Procedure” British Army Act, 1955 shall apply 177
summary trial—
commanding officer .. .. .. .. .. .. .. 138
delegated officer .. .. .. .. .. .. .. 130
superior commander .. .. .. .. .. .. .. 161
unusual situation .. .. .. .. .. .. .. 3

Proceedings
court martial .. .. .. .. .. .. .. .. 177
record of court martial, loss .. .. .. .. .. .. . 4
Property
destruction, loss, or improper disposal .. .. .. .. 80
restitution of by service tribunal .. .. .. .. .. 2

Prosecutor
address—
closing .. .. .. .. .. .. .. .. 183
on trial within trial .. .. .. .. .. .. .. 210
opening .. .. .. .. .. .. .. .. 179
197

36
 appointment of .. .. .. .. .. .. .. 190
case of closing .. .. .. .. .. .. .. 183
character evidence, production of .. .. .. .. .. 185
counsel as .. .. .. .. .. .. .. .. 170
172
documents forwarded to .. .. .. .. .. .. 172
duties of .. .. .. .. .. .. .. .. 179
207
guilty plea, duty on certain .. .. .. .. .. .. 195
prima facie case, argument as to .. .. .. .. .. 180
qualifications, legal, accused to be informed of .. .. .. 172
service record, production of.. .. .. .. .. .. 185
witness, calling of .. .. .. .. .. .. .. 185
witness for, on trial within trial .. .. .. .. .. 209
witness of—
accused to be informed of .. .. .. .. .. .. 176
duty to procure .. .. .. .. .. .. .. 174
not called, notice to accused .. .. .. .. .. .. 176
right of accused to call .. .. .. .. .. .. 176
witness, on plea in bar of trial .. .. .. .. .. 194

Punishment—(see also “Power of Punishment”)

address as to .. .. .. .. .. .. .. .. 185
203
caution—
awarded by commanding officer.. .. .. .. .. .. 134
when awarded .. .. .. .. .. .. .. 151
commencement .. .. .. .. .. .. .. 217
commanding officer—
by .. .. .. .. .. .. .. .. 134
responsibility .. .. .. .. .. .. .. .. 127
commutation .. .. .. .. .. .. .. .. 122
confinement to barracks—
awarded by commanding officer .. .. .. .. .. 134
rules respecting .. .. .. .. .. .. .. 150
death—
approval .. .. .. .. .. .. .. .. 218
imposition of .. .. .. .. .. .. .. .. 99
recommendation to clemency .. .. .. .. .. 205
unanimity necessary .. .. .. .. .. .. .. 99
204
detention—
awarded by commanding officer.. .. .. .. .. .. 134
general conditions of .. .. .. .. .. .. .. 101
officer not subject to .. .. .. .. .. .. .. 101

37
determination of, by court martial .. .. .. .. .. 203
dismissal from the Armed Forces, no resulting incapacity to serve the
Republic of Ghana .. .. .. .. .. 101
dismissal with disgrace—
additional punishment .. .. .. .. .. .. 100
resulting incapacity to serve the Republic of Ghana .. .. .. 101
extra work and drill—
awarded by commanding officer .. .. .. .. .. 134
rules respecting .. .. .. .. .. .. .. 150
fine—
awarded by—
commanding officer .. .. .. .. .. .. .. 134
superior commander .. .. .. .. .. .. .. 160
general conditions .. .. .. .. .. .. .. 103
limit of .. .. .. .. .. .. .. .. 103
payment of .. .. .. .. .. .. .. .. 103
forfeiture of seniority—
awarded by commanding officer .. .. .. .. .. 134
general conditions .. .. .. .. .. .. .. 102
limit of .. .. .. .. .. .. .. .. 102
illegal, alteration and substitution of .. .. .. .. .. 221
imprisonment—
additional punishment .. .. .. .. .. .. 99
general conditions .. .. .. .. .. .. .. 99
included punishments .. .. .. .. .. .. .. 99
less punishment, definition .. .. .. .. .. .. 99
minor list of .. .. .. .. .. .. .. .. 105
mitigation of .. .. .. .. .. .. .. .. 222
mitigation of, witness in .. .. .. .. .. .. 185
new—
conditions of .. .. .. .. .. .. .. .. 223
effect of .. .. .. .. .. .. .. .. 224
not approved .. .. .. .. .. .. .. .. 221
reduction in rank—
awarded by commanding officer .. .. .. .. .. 134
general conditions .. .. .. .. .. .. .. 101
limit of .. .. .. .. .. .. .. .. 101
remission of .. .. .. .. .. .. .. .. 222
reprimand awarded by—
commanding officer .. .. .. .. .. .. .. 134
superior commander .. .. .. .. .. .. .. 160
responsibility for, commanding officer .. .. .. .. 127
scale of .. .. .. .. .. .. .. .. 98
sentence, one only.. .. .. .. .. .. .. .. 105
serving of, when under more than one sentence .. .. .. 105

38
 severe reprimand, awarded by—
commanding officer .. .. .. .. .. .. .. 134
superior commander .. .. .. .. .. .. .. 160
witness in mitigation of .. .. .. .. .. .. 185
Punishment Warrant—(see also “Approving Authority”)
approval of, notification to accused .. .. .. .. .. 149
endorsement of—
contents.. .. .. .. .. .. .. .. .. 147
time limit for.. .. .. .. .. .. .. .. .. 149
form of.. .. .. .. .. .. .. .. .. 146
requirement for.. .. .. .. .. .. .. .. 134
144
147
submission of.. .. .. .. .. .. .. .. 147
Q
Quarrelling
offence.. .. .. .. .. .. .. .. .. 45
R
Rank—(see also “Reduction in Rank”)
acting, construction of.. .. .. .. .. .. .. 2
construction of.. .. .. .. .. .. .. .. 2
reduction in, punishment.. .. .. .. .. .. .. 101
Rape
jurisdiction of service tribunal.. .. .. .. .. .. 13
Receiving
offence .. .. .. .. .. .. .. .. 81
Record of Proceedings at Court Martial
accused to be furnished with .. .. .. .. .. .. 213
admission by accused, of similar offence.. .. .. .. .. 203
certification of .. .. .. .. .. .. .. 213
dating of .. .. .. .. .. .. .. .. 213
loss of .. .. .. .. .. .. .. .. 4
recommendation to clemency.. .. .. .. .. .. 205
Redress
false statements .. .. .. .. .. .. .. 83
Reduction in Rank
commanding officer, power to award .. .. .. .. 134
conditions generally .. .. .. .. .. .. .. 101
included in certain punishments of imprisonment .. .. .. 99
limit of .. .. .. .. .. .. .. .. 101
right to elect try by court martial, non-commissioned officer .. 140
Re-Examination—(see “Examination”)
Regulations
breach of, how charged .. .. .. .. .. .. 83

39
 cases not provided for course to be adopted .. .. .. .. 3
Released Personnel
code of service discipline, application to .. .. .. .. 9
rank and status for purpose of trial .. .. .. .. .. 9
Reporter
oath to be taken by .. .. .. .. .. .. .. 192
swearing of .. .. .. .. .. .. .. .. 178
Reprimand
power to award—
commanding officer .. .. .. .. .. .. .. 134
delegated officer .. .. .. .. .. .. .. 128
superior commander .. .. .. .. .. .. .. 160
Reproof
destruction of record .. .. .. .. .. .. .. 5
recording of .. .. .. .. .. .. .. .. 5
to whom applicable.. .. .. .. .. .. .. .. 5
use of .. .. .. .. .. .. .. .. 4
Reserve Force
code of service discipline, application of .. .. .. .. 8
personnel subject to code of service Discipline.. .. .. .. 8
Resisting
escort .. .. .. .. .. .. .. .. 46
person carrying out arrest .. .. .. .. .. .. 65
Retaining
offence of .. .. .. .. .. .. .. .. 81
Return of Exhibits
authority for .. .. .. .. .. .. .. .. 2
Judge Advocate-General approval for .. .. .. .. 3
Rules of Evidence—(see “Evidence”)
Rules of Procedure—(see also “Article 112.04”)

Scale of Punishment—(see “Punishment”)

Scandalous Conduct
officer by .. .. .. .. .. .. .. .. 57
Secondment—(see “Officer” and “Man”)
Security
offence related to .. .. .. .. .. .. .. 28
Self-Defence
as a defence .. .. .. .. .. .. .. .. 18
Selling
order, decoration, or medal .. .. .. .. .. .. 80
property, improperly .. .. .. .. .. .. .. 80

40
Sentence
alteration, by commanding officer .. .. .. .. .. 232
civil court—
account taken of service punishment .. .. .. .. .. 14
remission of service punishment .. .. .. .. .. 14
clemency, recommendation to .. .. .. .. .. 205
death—
approval .. .. .. .. .. .. .. .. 218
unanimity necessary .. .. .. .. .. .. .. 99
204
detention—
authority to suspend .. .. .. .. .. .. .. 224
general conditions .. .. .. .. .. .. .. 101
225
officer not subject to .. .. .. .. .. .. .. 101
time reckoned toward completion of term .. .. .. .. 218
determination of by—
commanding officer .. .. .. .. .. .. .. 140
court martial .. .. .. .. .. .. .. .. 203
delegated officer .. .. .. .. .. .. .. 131
superior commanding .. .. .. .. .. .. 163
dismissal with disgrace, additional punishment .. .. .. 100
finding—
quashed, effect on .. .. .. .. .. .. .. 219
substitution, effect on .. .. .. .. .. .. 221
fine—
general conditions .. .. .. .. .. .. .. 103
limit of .. .. .. .. .. .. .. .. 103
imprisonment—
additional punishment .. .. .. .. .. .. 99
authority to suspend .. .. .. .. .. .. .. 224
general conditions .. .. .. .. .. .. .. 99
225
included punishments .. .. .. .. .. .. .. 99
forfeiture of seniority—
general conditions .. .. .. .. .. .. .. 101
how expressed .. .. .. .. .. .. .. 102
limit of .. .. .. .. .. .. .. .. 101
incarceration under more than one .. .. .. .. .. 105
irregularity in procedure, effect on .. .. .. .. .. 3
minor punishment, list of .. .. .. .. .. .. 105
one only to be passed.. .. .. .. .. .. .. 105
204

41
 postponement of, when several accused .. .. .. .. 213
pronouncement of by—
commanding officer .. .. .. .. .. .. .. 144
delegated officer .. .. .. .. .. .. .. 132
superior commander .. .. .. .. .. .. .. 164
reduction in rank—
general conditions .. .. .. .. .. .. .. 101
limit of .. .. .. .. .. .. .. .. 101
several tribunal, effect on sentence by civil court .. .. .. 14
voting on, by court martial.. .. .. .. .. .. .. 203
Service conduct
insanity—
while in prison .. .. .. .. .. .. .. 232
rules regarding, while in civil prison .. .. .. .. 232
transfer to new place of incarceration .. .. .. .. 229

Service Offence—(see “Offence”)

Service Prisoner
insanity—
while in prison .. .. .. .. .. .. .. 232
rules regarding, while in civil prison .. .. .. .. .. 232
transfer to new place of incarceration .. .. .. .. 229

Service Tribunal—(see “Court Martial” or “Summary Trial”)

Severe Reprimand
power to award—
commanding officer .. .. .. .. .. .. .. 134
delegated officer .. .. .. .. .. .. .. 128
superior commander .. .. .. .. .. .. .. 160

Special Engagements—(see “Engagements, Special”)

Statement by Accused
pre-trial, rules for taking .. .. .. .. .. .. 6
after receipt of summary or abstract of evidence .. .. .. 155

Statement of Appeal—(see “Appeal”)

Statement of Offence
construction of .. .. .. .. .. .. .. 3
form of—
in charge of report .. .. .. .. .. .. .. 119
in charge sheet.. .. .. .. .. .. .. .. 123
Statement of Particulars
construction of.. .. .. .. .. .. .. .. 3
contents, in—

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 charge report .. .. .. .. .. .. .. .. 120
charge sheet .. .. .. .. .. .. .. .. 123
deficient, at court martial .. .. .. .. .. .. 178
193
Stealing
from person killed or wounded in warlike operations .. .. 34
property left unprotected in warlike operations .. .. .. 34
offence .. .. .. .. .. .. .. .. 81
receiving stolen goods .. .. .. .. .. .. 81
Stranding
vessels .. .. .. .. .. .. .. .. 68
Striking
custodian .. .. .. .. .. .. .. .. 46
subordinate .. .. .. .. .. .. .. .. 55
superior .. .. .. .. .. .. .. .. 42
Subordinate
abuse of .. .. .. .. .. .. .. .. 55
placing in close custody .. .. .. .. .. .. 109
Subordinated Officer
commanding officer, below certain rank, may not try .. .. 133
ineligibility to serve on Disciplinary Court Martial .. .. .. 171
superior commander, may not try .. .. .. .. .. 160

Summary of Evidence
accused to be furnished with a copy of .. .. .. .. 156
contents of .. .. .. .. .. .. .. .. 153
form of distinct from an abstract of evidence .. .. .. 152
forwarding of to higher authority .. .. .. .. .. 157
preparation of .. .. .. .. .. .. .. 153
reading of, at summary trial .. .. .. .. .. 156
statement by accused relating to .. .. .. .. .. 156
taking of, when required .. .. .. .. .. .. 152
Summary Trial
adjournment by—
commanding officer .. .. .. .. .. .. .. 138
delegated officer .. .. .. .. .. .. .. 130
superior commander .. .. .. .. .. .. .. 162
civilian not to dealt with by .. .. .. .. .. .. 12
commanding officer—
authorization .. .. .. .. .. .. .. .. 133
commencement by .. .. .. .. .. .. .. 137
general rules .. .. .. .. .. .. .. .. 138
in first instance .. .. .. .. .. .. .. 133
jurisdiction .. .. .. .. .. .. .. .. 133
140
43
 delegated officer—
authorization .. .. .. .. .. .. .. .. 127
commencement by .. .. .. .. .. .. .. 130
general rules .. .. .. .. .. .. .. .. 130
jurisdiction .. .. .. .. .. .. .. .. 127
finding—
determination of by—
commanding officer .. .. .. .. .. .. .. 140
delegated officer .. .. .. .. .. .. .. 141
superior commander .. .. .. .. .. .. .. 163
jurisdiction barred—
previous trial for same offence.. .. .. .. .. .. 11
offences in relation to .. .. .. .. .. .. .. 91
responsibility for punishment imposed .. .. .. .. 127
sentence—
determination of by—
commanding officer .. .. .. .. .. .. .. 141
delegated officer .. .. .. .. .. .. .. 131
superior commander .. .. .. .. .. .. .. 163
pronouncement of by—
commanding officer .. .. .. .. .. .. .. 144
delegated officer .. .. .. .. .. .. .. 132
superior commander .. .. .. .. .. .. .. 164
subordinate officer, whether subject to.. .. .. .. .. 133
160
superior commander—
authorization .. .. .. .. .. .. .. .. 160
commencement by .. .. .. .. .. .. .. 161
general rules .. .. .. .. .. .. .. .. 161
jurisdiction .. .. .. .. .. .. .. .. 160
summary of evidence, reading of .. .. .. .. .. 156
who may conduct .. .. .. .. .. .. .. 127
160
witness, defence, procurement of.. .. .. .. .. .. 130
Superior Commander—(see also “Summary Trail”)
civilian may not be tried by .. .. .. .. .. .. 12
jurisdiction—
generally .. .. .. .. .. .. .. .. 160
none over a civilian.. .. .. .. .. .. .. .. 12
meaning of .. .. .. .. .. .. .. .. 160
power of punishment .. .. .. .. .. .. .. 169
162
reproof .. .. .. .. .. .. .. .. 4

44
Taking Property Abandoned by Enemy
offence .. .. .. .. .. .. .. .. 34
Theft
offence .. .. .. .. .. .. .. .. 81
receiving stolen goods .. .. .. .. .. .. 81
Time Bar
code of service discipline, period of liability .. .. .. .. 13

Trial—(see also “Court Martial” and “Summary Trial)

adjournment, where several accused .. .. .. .. .. 213
by civil courts, officers or men.. .. .. .. .. .. 13
civilians, form of .. .. .. .. .. .. .. 12
custody during .. .. .. .. .. .. .. 113
date of .. .. .. .. .. .. .. .. 13
joint—
procedure at .. .. .. .. .. .. .. .. 3
when permissible .. .. .. .. .. .. .. 3
new—
convening of .. .. .. .. .. .. .. .. 236
directed by—
court martial appeal court .. .. .. .. .. .. 236
President .. .. .. .. .. .. .. .. 236
dispensing with.. .. .. .. .. .. .. .. 236
limitation on sentence .. .. .. .. .. .. .. 237
procedure at .. .. .. .. .. .. .. .. 237
place of .. .. .. .. .. .. .. .. 13
separate, application for .. .. .. .. .. .. 178
several accused, special procedure .. .. .. .. .. 213
unusual situations, procedure .. .. .. .. .. .. 3
Trial Within a Trial
general procedure .. .. .. .. .. .. .. 209
Vehicle
unauthorized use .. .. .. .. .. .. .. 78
Vessel
hazarding, losing or standing .. .. .. .. .. .. 68
offences in relation to convoys .. .. .. .. .. 67
Violence
against custodian .. .. .. .. .. .. .. 46
against superior .. .. .. .. .. .. .. 42
View
by court martial .. .. .. .. .. .. .. 211

45
 W
Warning
administering of, to suspected person .. .. .. .. 6

Warrant
arrest, power conferred by .. .. .. .. .. .. 108
punishment—
endorsement by approving authority .. .. .. .. .. 147
form .. .. .. .. .. .. .. .. 146

Witness
accused, on behalf of—
at court martial .. .. .. .. .. .. .. 174
at summary trial .. .. .. .. .. .. .. 130
138
161
address as to punishment, in confirmation of .. .. .. 203
bar of trial, on plea in .. .. .. .. .. .. .. 194
charge report, to include name .. .. .. .. .. 119
120
court, calling by, on plea in bar trial .. .. .. .. .. 194
court martial, at—
called by court .. .. .. .. .. .. .. 182
calling of .. .. .. .. .. .. .. .. 182
duty to produce .. .. .. .. .. .. .. 174
examination of .. .. .. .. .. .. .. 180
198
court martial, at—
in mitigation of punishment .. .. .. .. .. .. 185
questioning of by—
court .. .. .. .. .. .. .. .. 180
judge advocate .. .. .. .. .. .. .. 180
recall of by court .. .. .. .. .. .. .. 182
swearing of .. .. .. .. .. .. .. .. 180
192
court, recall by, during determination of finding .. .. .. 199
examination as to previous statement .. .. .. .. .. 188
exclusion of, when not under examination .. .. .. .. 189
mitigation of punishment, in .. .. .. .. .. .. 185
name of, included in charge report .. .. .. .. .. 119
offence by, at service tribunal .. .. .. .. .. 91
prosecution, for—
accused to be informed of .. .. .. .. .. .. 176

46
 at court martial .. .. .. .. .. .. .. 174
right of accused to call .. .. .. .. .. .. 176
recall, by court, during determination of finding .. .. .. 199
summons to—
form of .. .. .. .. .. .. .. .. 175
power to issue .. .. .. .. .. .. .. .. 174
trial within trial .. .. .. .. .. .. .. 209

Woman
custody, special conditions of close .. .. .. .. .. 113

47