App. II.

Q.

4.

Sentence.

Death.

Penal servitude

years.

Imprisonment H.L. or

Cashiered. Dismissed Forfeiture of seniority of rank.

Are they true extracts from the regimental books, and is the statement of entries in the defaulter book a fair and true summary of those entries?

Cross-examined by prisoner.

Re-examined.

or,

The prisoner declines to cross-examine this witness.

[Instruction.-Any further question will be put and any evidence produced which the Court require as to any point respecting the character and service of the prisoner on which the Court desire to have information for the purpose of

their sentence.

At the request of the prisoner, or by the direction of the Court, the regimental books, or a certified copy of the material entries therein, must be produced for the purpose of comparison with the statement.

The prisoner is entitled to call the attention of the Court to any entries in the regimental book, or in the certified copy above mentioned, and to show that they are inconsistent with the statement.

[If by reason of the nature of the service of the prisoner in a departmental corps, or otherwise, the finding of the Court renders him liable to any exceptional punishment in addition to that to be awarded by the Court (for instance, forfeiture or reduction of corps pay), the prosecutor must call the attention of the Court to the fact, and the Court must enquire into the nature and the amount of such additional punishment.]

The Court is closed to consider their sentence.

SENTENCE.

[Instruction. The provisions of Sections 44, 182, and 183 of the Army Act must be carefully attended to by the Court in passing sentence.] The Court sentence the prisoner (No.-— Regiment————————.)

[Instruction.—The sentence is to be marginally noted in every case.]

In the case of an officer :

(a) to suffer death by being shot [hanged].
(b) to suffer penal servitude for the term of
(c) to be imprisoned [with hard labour] for

years [or for life].

[Instruction-(1.) As to the term of imprisonment see below in the case of a

soldier.

(2.) A sentence of cashiering should precede a sentence to imprisonment or penal servitude.]

(d) to be cashiered.

(e) to be dismissed from Her Majesty's Service.

(f) [Where the officer's army rank is superior to his regimental rank.] To take rank and precedence as

in the

appointment to that regiment bore date the

regiment as if his day of

and to take rank and precedence in the army as if his appointment as

[Or, where the officer's army and regimental rank are the same.]

To take rank and precedence in the

as if his appointment as

day of

[Or, where the officer has no regimental rank.]

regiment and in the army bore date the

To take rank and precedence in the army as if his appointment as

[Instruction.- In each case the form may be varied so that the Court may exercise the power under the Army Act, s. 44 (f) and Rule of Procedure 47 of sentencing to forfeiture of seniority either in the corps, or in the army, or in both.]

The words in [brackets] were added by the Rules of 1902.

In the case of an officer in the Indian Staff Corps (see я. 182 (2) (e)).
To forfeit years [or all] of his staff service [and army service, or
as the case may be].

(g) to be reprimanded [or severely reprimanded].

(h) to forfeit the

App. II.

Reprimand,

or severe

[state the medal, clasp, and decoration, or reprimand.
any of them which is to be forfeited] with any annuity or gratuity
attached thereto.

(i) to be put under stoppages of pay until he has made good the sum
of
[or as the case may be].

In the case of a soldier :

Death.

years [or for life]. Penal servi

tude

years. Imprison

(i) to suffer death by being shot [hanged]. (k) to suffer penal servitude for the term of (1) to be imprisoned [with hard labour] for (m) to suffer summary punishment, that is to say, field imprisonment ment, H.L. No. 1, for (n) to suffer summary punishment, that is to say, field imprisonment prisonment, No. 2, for

for

Field im

No. 1. Field imprisonment,

days. days. [Instruction.-(1.) If a prisoner at the time of sentence is undergoing im- No. 2. prisonment under a former sentence, the new sentence must not exceed such a term as will make up a period of two years from the date of the former sentence.

(2.) In the case of a non-commissioned officer, a sentence of reduction to the ranks should precede a sentence to imprisonment or penal servitude, although these sentences necessarily involve a reduction to the ranks.]

(0) to be discharged with ignominy from Her Majesty's service.

Discharge with ignominy.

(p) [if a volunteer] to be dismissed from Her Majesty's service.

Dismissed.

(q.) [if a non-commissioned officer].

(1) to be reduced to the rank of sergeant; or

Reduction.

(2) to be reduced to the rank of corporal; or

(3) to be reduced to the rank of bombardier; or to be reduced to
the rank of second corporal; or

(4) to be reduced to [a lower grade] or to be reduced to the ranks.

(r) to be fined

Fined.

1. s.

(8) to be put under stoppages of pay until he has made good the value Stoppages. of the following articles, viz. :

or [and] until he shall have made good the sum of
respect of

of which the same is awarded].

in

[state the circumstances in respect

(t) to forfeit
[state number or all] good conduct badge [or
badges] with the pay attached thereto.

[state medal, clasp, and decoration,

or any of them, which is to be forfeited] with any annuity or
gratuity attached thereto.

[Instruction.-(1.) An offender may be sentenced to all or any of the above

forfeitures.

App. II.

(2.) In the case of a warrant officer, a district court-martial must use one of the following forms; a general court-martial may use them in lieu of, or in addition to, the foregoing forms. See s. 182 (2).]

(u) to be dismissed from the service.

or,

(v) to be suspended from rank, pay, and allowances for the period of

or,

(w) to be reduced in the list of his rank, as if his appointment thereto bore date the

day of

or,

to be reduced to an inferior class of warrant officer, that is to say, to

or,

(x) [If he was originally enlisted as a soldier, but not otherwise.]
to be reduced to [a lower grade] or to be reduced to the ranks.

RECOMMENDATION TO MERCY.

The Court recommend the prisoner to mercy on the ground that

The Court recommend that

of the service

forfeited under section 79 of the Army Act, shall be restored on the ground that

Absent member.

Revised finding.

Present, the same members as on the

VARIATION.

[Instruction. If a member is absent and the absence will reduce the Court below the required minimum, or if he is the president, and it appears to the members present that such absent member cannot attend within a reasonable time, the president, or in his absence, the senior member present, shall thereupon report the case to the convening officer.]

[Rank, name, regiment] being absent,

[The absence is accounted for.]

A medical certificate [or letter, or as the case may be] is produced, read,
marked
and attached to the proceedings.

There being present

members, the Court proceeds.

[not less than the required minimum]

The letter [order or memorandum] directing the re-assembly of the Court for the revision, and giving the reasons of the confirming authority for requiring a revision of the finding [finding and sentence] [or sentence] is read, marked

president, and attached to the proceedings.

signed by the

App. II.

The Court having attentively considered the observations of the confirming authority, and the whole of the proceedings,

a. do now revoke their finding and sentence, and find and sentence the prisoner to

or,

b. do now revoke their sentence, and now sentence the prisoner, &c., &c. Sentence.

or,

c. do now respectfully adhere to their sentence or [finding and sentence].

I confirm the finding and sentence of the Court, but mitigate [remit or

[Where it is necessary to confirm the special finding on several alternative charges.]

and I confirm the special finding relating to the

and

of guilty on the

and

charges,

charges, and declare that that finding amounts to a finding
charge, and of not guilty on the

charges.

I confirm the sentence, but mitigate [remit, or commute];

or,

[Where the confirming officer desires partly to reserve his confirmation.]

I confirm the finding of the Court on the

and

charges, and reserve for confirmation by superior authority the finding on
the
charges, and the sentence;

and

or,

I confirm the findings of the Court, but reserve the sentence for confirmation by superior authority;

or,

I confirm the findings of the Court and the sentence of the Court as to and reserve the sentence so far as it

for confirmation by superior authority;

or,

[Where the confirming officer refuses confirmation.]

Not confirmed [the reasons for non-confirmation may be stated.]

[Instruction. Any remarks of the confirming authority are to be added separately after the confirmation, and a space of at least half a page is to be left for the purpose.]

Confirmation.

App. II.

[Where the declaration respecting a special finding on alternative charges is added subsequently to the confirmation (Rule 55).]

I declare that the special finding relating to the
charges amounts to a finding of guilty on the

and

sitting of the said Court at

at

18 for the trial

I do hereby summon and to attend as a witness, the day of

o'clock in the forenoon [and to bring with you the documents

hereinafter mentioned, namely,

day to day until you shall be duly discharged,
your peril.

], and so to attend from whereof you shall fail at

Given under my hand at

on the

day of

(Signature)

18.

Convening Officer [or Judge-Advocate or
President of the Court or Commanding
Officer of the Prisoner].

FORM FOR ASSEMBLY AND PROCEEDINGS of Field GenERAL

COURT-MARTIAL.

PROCEEDINGS.

Beginning of Form where Troops are not on Active Service. Whereas complaint has been made to me, the undersigned, an officer in command of in the above-named country, that the persons named in the annexed schedule being subject to military law, and under my command, have committed the offences in the said schedule mentioned, being offences against the property or person of inhabitants of or residents in the above-named country.

Beginning of Form where Troops are on Active Service.

Where it appears to me, the undersigned, an officer in command of on active service, that the persons named in the annexed schedule, and being subject to military law, have committed the offences in the said schedule mentioned.

End of Form applicable to all cases.

And I am of opinion that it is not practicable that such offences should be tried by an ordinary general court-martial; [† and that it is not practicable to delay the trial for reference to a superior qualified officer],