                                   MALTA ARMED FORCES                     [ CAP. 220.                       1
CHAPTER 220
MALTA ARMED FORCES ACT
To make provisions for the raising and maintenance of armed forces in Malta and to
provide for matters connected therewith or ancillary thereto.
(22nd September, 1970)
(1st February, 1982)
ACT XXVII of 1970, as amended by: Acts: XXXV and LVIII of 1974, XIII of 1975; Legal
Notice 148 of 1975; Acts: XVIII and XXII of 1976, XI of 1977, XX of 1980, XIII of 1983, VIII
of 1990, XV of 1990, XXIV of 1995, X and XII of 2000 and XV of 2002.
ARRANGEMENT OF ACT
  Articles
Part I.  Preliminary  1-2 
Part II.  Maintenance and Government of Armed Forces  3-36
   Title I.  General Provisions  3-4
Power to raise, maintain and regulate armed force  3-4
   Title II.  The Regular Force 5-18
Enlistment  5-6 
Appointment to corps and transfer from one corps to another 7 
Terms, conditions and extension of service  8-10 
Discharge and transfer to reserve  11-15 
Miscellaneous and supplementary provisions  16-18
   Title III.  The Territorial Force  19-30 
Enlistment and discharge  19-24 
Training  25
Mobilisation  26-30
   Title IV.  The Reserve Force  31-36 
The reserve force  31 
Call out of reserves  32-35 
Training  36
Part III.  Military Offences  37-75 
Treachery, cowardice and offences arising out of military
service  37-43
Mutiny and insubordination 44-49 
Desertion, absence without leave, etc.  50-54 
Malingering and drunkenness  55-56 
Offences relating to property  57-59 
Offences relating to, and by, persons in custody  60-63 
Offences in relation to courts-martial  64-65
Miscellaneous offences  66-74 
Civil offences  75 
Part IV.  Trial and Punishment of Military Offences  76-142 
Punishments  76-79 
Arrest  80-81 
  2        CAP. 220. ]                MALTA ARMED FORCES   
Investigation of, and summary dealing with, charges 82-89
Courts-martial: General provisions  90-97 
Courts-martial: Provisions relating to trial  98-106 
Offences: Procedure  107 
Confirmation, revision and review of proceedings of courts-
martial 108-115 
Appeals from courts-martial  116-120
Review of summary findings and awards  121 
Findings of insanity  122 
Functions of Attorney General in relation to courts-martial 123 
Commencement, suspension and duration of sentences 124-126
Execution of sentences of death, imprisonment and detention 127-129 
Trial of persons ceasing to be subject to military law and
time limits for trials 130-131 
Relation between military law and civil courts and finality of
trials  132-133
Inquiries  134-136 
Miscellaneous provisions  137-142 
Part V.  Forfeitures and Deductions and Enforcement of Maintenance
Liabilities  143-151
Part VI.  Ranges, Training and Trespass  152-159 
Use of land and sea areas for ranges  152-153 
Use of land for training of the force  154-158 
Trespass upon land held by the force  159 
Part VII.  General Provisions  160-177 
Redress of complaints  160-161 
Provisions relating to deserters and absentees without leave 162-165
Offences relating to military matters punishable by civil
courts 166- 171 
Provisions as to evidence  172-174 
Miscellaneous provisions  175-177 
Part VIII.  Application of Act and Supplemental Provisions  178-185 
Persons subject to military law  178-180 
Supplemental provisions  181-183 
Savings  184
  Articles
                                   MALTA ARMED FORCES                     [ CAP. 220.                       3
PART I
PRELIMINARY 
Short title.
Interpretation.  
Amended by:
LVIII. 1974.68.
2. (1) In this Act, unless the context otherwise requires or it
is otherwise expressly provided -
"acting rank" means rank of any description (however called)
such that under such provisions as may be prescribed a
commanding officer has the power to order the holder to revert
from that rank, and "acting warrant officer" and "acting non-
commissioned officer" shall be construed accordingly;
"active service" shall be construed in accordance with article
183;
"aircraft" means any machine for flying, whether propelled by
mechanical means or not, and includes any description of balloon;
"aircraft material" includes -
( a ) parts of, and components of or accessories for, aircraft,
whether for the time being in aircraft or not;
( b ) engines, armaments, 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;
"air signal" means any message, signal or indication given, by
any means whatsoever, for the guidance of aircraft or a particular
aircraft;
"appropriate superior authority" has the same meaning assigned
to it by article 83(1) and article 88(2);
"arrest" includes open arrest;
"before the enemy", in relation to a person, means that he is in
action against the enemy or about to go into action against the
enemy, or is under attack or threat of imminent attack by the
enemy;
"civil court" means a court of ordinary criminal jurisdiction in
Malta;
"civil offence" means an act or omission punishable by the law of
Malta or which, if committed in Malta, would be punishable by that
law;
"commanding officer" means the officer commanding the unit to
which the man belongs or is attached, but in relation to a person
charged with an offence it has the meaning assigned to it by article
  4        CAP. 220. ]                MALTA ARMED FORCES   
88;
"Commonwealth country" means a country to which article 28 of
the Constitution of Malta applies;
"corps" means any such body of the force as may from time to
time be declared by order of the President of Malta to be a corps for
the purposes of this Act;
"court-martial" means court-martial under this Act;
"damage" includes destruction, and references to damaging shall
be construed accordingly;
"desertion" shall be construed in accordance with article 50(2);
"enemy" includes all persons engaged in armed operations
against any Maltese armed force and any force cooperating
therewith and also includes all armed mutineers, armed rebels,
armed rioters and pirates;
"field officer" means an officer not being a general officer, of
every rank above the rank of captain;
"the force" means the regular and the territorial force and
includes the reserve force;
"the Gazette" means the Malta Government Gazette;
 "Government" means the Government of Malta;
"House" means the House of Representatives of Malta; 
"Malta" has the same meaning as is assigned to it by article 124
of the Constitution of Malta;
"man" in relation to the force includes a warrant officer, a non-
commissioned officer and a soldier;
"Minister" means the Minister responsible for defence and
includes any person or authority authorised by the said Minister in
that behalf or as may be prescribed;
"oath" includes an affirmation, and references to swearing shall
be construed accordingly;
"persons subject to military law" shall be construed in
accordance with article 178;
"prescribed" except in Parts III and IV of this Act, means
prescribed or provision in respect thereof made by or under
regulations or orders under article 4;
"provost officer" means a provost marshal or officer appointed to
exercise the functions conferred by or under this Act on provost
officers;
"public property" means any property belonging to any
department of the Government or held for the purposes of any such
department;
"recruiting officer" has the meaning assigned to it by article 5;
"the regular force" means any armed force raised under this Act
other than the reserve force and the territorial force;
                                   MALTA ARMED FORCES                     [ CAP. 220.                       5
"the reserve force" means the bodies mentioned in article 31(2),
and "reserve" shall be construed accordingly;
"Rules of Procedure" means the Rules of Procedure made under
article 107;
"service" means service in the force and, when used adjectivally
in the English text and the words "tas-servizz" in the Maltese text,
mean belonging to or connected with the force or any part thereof;
"ship" includes any description of vessel;
Cap. 9.
"steals" has the same meaning as guilty of theft has for the
purposes of the Criminal Code;
"stoppages" means the recovery, by deductions 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 conviction" means conviction by the competent civil
court;
"the territorial force" means the territorial armed force raised, or
deemed to be raised, under this Act other than the reserve of that
force.
(2) In Part II of this Act -
"competent military authority" means the Commander or any
prescribed officer;
"date of attestation" in relation to any person means the date on
which he signs the declaration mentioned in article 17(1) and takes
such an oath as may be prescribed;
"appropriate minimum age" has the meaning assigned to it by
article 6.
(3) In Parts III and IV of this Act -
"civil prison" means a prison in Malta in which a person
sentenced by a civil court to imprisonment can for the time being
be confined;
"convening officer" in relation to a court-martial means the
officer convening that court-martial and includes his successor or
any person for the time being exercising his or his successor’s
functions;
"military establishment" means a military prison or any other
establishment under the control of the Minister where persons may
be required to serve military sentences of imprisonment or
detention;
references to a military sentence of imprisonment are references
to a sentence of imprisonment passed by a court-martial;
references to a military sentence of detention are references to a
sentence of detention passed by a court-martial or awarded by the
offender’s commanding officer;
"prescribed" means prescribed or provision in respect thereof
made by or under the Rules of Procedure or under regulations made
under article 141.
  6        CAP. 220. ]                MALTA ARMED FORCES   
(4) References in Parts III and IV to warrant officers do not
include references to acting warrant officers, but references in the
said Parts of this Act to non-commissioned officers include
references to acting non-commissioned officers and also to acting
warrant officers.
(5) Any power conferred by this Act to make provision by
regulations, rules, orders or other instrument shall include power to
make that provision for specified cases or classes of cases, and to
make different provision for different classes of cases, and for the
purpose of any such instrument classes of cases may be defined by
reference to any circumstances specified in the instrument.
(6) Any power conferred by this Act to make regulations, rules
or orders or to issue notices shall include power, exercisable in like
manner and subject to the like provision, to vary or revoke any such
regulation, rule, order or notice, without prejudice to the making of
a new regulation, rule or order or the issuing of a new notice.
PART II
MAINTENANCE AND GOVERNMENT OF ARMED FORCE 
TITLE I - GENERAL PROVISIONS
Power to raise, maintain and regulate armed force
Power to raise and 
maintain armed 
force. 
Amended by:
LVIII. 1974.68.
3. (1) It shall be lawful for the President of Malta to raise by
voluntary enlistment and maintain an armed force, consisting of a
regular and of a territorial force or of either of such forces
(including the reserve of such forces), and consisting of such units
of any arm and subject to such designation of title as may be
prescribed or as the President of Malta may direct.
(2) The expenditure required for the raising and maintenance of
the force shall be defrayed out of sums provided for the purpose in
the annual estimates of revenue and expenditure for Malta as
approved by the House.
Power to make 
regulations or 
orders. 
Amended by: 
LVIII. 1974.68;
XX. 1980.2;
XII. 2000.2;
XV. 2002.5.
4. (1) It shall be lawful for the President of Malta to make
regulations or orders with respect to the establishment,
government, and discipline of the force, or any part or unit thereof,
the pay, allowances, pensions and gratuities payable to and the
enlistment, the terms, conditions and extensions of service and the
discharge and training of, members of the force or of any part or
unit thereof, and with respect to all other matters and things
relating to the force, including any matter by this Act authorised to
be prescribed or expressed to be subject to regulations or orders;
and may make different regulations or orders or make different
provision with respect to the regular force and to the territorial
force.
(2) Without prejudice to the generality of the powers conferred
by this article, regulations or orders made under this article may -
                                   MALTA ARMED FORCES                     [ CAP. 220.                       7
( a ) make provision as to the persons in whom command
over the force, or any part or member thereof, is to be
vested and as to the circumstances in which such
command as aforesaid is to be exercised;
( b ) provide for the formation of officers and men of the
force into units and for appointing, transferring,
posting, attaching or otherwise dealing with such
officers and men;
( c ) regulate the granting of commissions in the force;
( d ) regulate the appointment, rank, duties and numbers of
the officers and men of the force;
( e ) provide for the establishment and government of a
reserve of the regular and of the territorial force;
and, in regard to the territorial force -
( f ) provide for the constitution of a permanent staff;
( g ) modify or dispense with any of the provisions of this
Act relating to the training of the territorial force so far
as regards their application to the reserve of that force.
(3) It shall be lawful for the President of Malta by order to
empower any member of the force to exercise, in addition to any
functions, powers and duties he may have as a member of the force,
all or any one or more of the functions, powers and duties as are by
law vested in a member of the Malta Police Force and in an officer
of the Customs.
(4) Notwithstanding the foregoing provisions of this article -
( a ) regulations or orders made under this article shall not
affect or extend the term for which, and the area within
which, a man of the territorial force is liable to serve
or, except as otherwise provided by or under this Act,
authorise a man of the territorial force when belonging
to one corps to be transferred, without his consent, to
another corps;
( b ) where a man of the territorial force was enlisted before
the date of any regulation or order made under this
article, nothing in that regulation or order shall render
him liable without his consent to be appointed,
transferred or attached to any corps to which he could
not without his consent have been appointed,
transferred or attached if the said regulation or order
had not been made;
( c ) for the purposes of any regulation made under this
article in connection with pensions and gratuities
payable to members of the Force, where the service of
any member of the Air Traffic Control Corps or of the
Airport Company or of some other part of the Force as
the Minister may by Order from time to time specify
for the purposes of this article, is terminated with the
approval of the Commander to take up full time
employment with Malta International Airport p.l.c. or
  8        CAP. 220. ]                MALTA ARMED FORCES   
with some other entity as the Minister may by Order
from time to time approve for the purposes of this
article, the employment of such member of the Force
with the said Malta International Airport p.l.c. or other
entity shall be deemed to be service in the Force, and
such member shall be entitled to a pension or gratuity,
as the case may be, under such regulations upon the
termination of his service with the said Malta
International Airport p.l.c. or other entity as if such
service were service with the Force:
Provided that where such termination of such
service with Malta International Airport p.l.c. or other
entity is due to the winding up of the said company or
entity whether voluntary or otherwise, such
termination shall be considered as if it were due to
abolition of office:
Provided further that the provisions of this
paragraph shall not apply unless an Order is made by
the Prime Minister indicating that Malta International
Airport p.l.c or that the other entity as the case may be
shall have bound itself with the Government to
contribute towards the Government the difference
between the cost of the pension or gratuity payable at
the time of retirement from Malta International Airport
p.l.c.  or from the other entity as the case may be and
the cost of the pension or gratuity, as the case may be,
computed at the time of the termination of service with
the Government for the aforesaid reason of full time
employment with Malta International Airport p.l.c. or
with such other entity;
( d ) for the purposes of paragraph ( c ) the pensionable
emoluments of such persons of the Force on retirement
shall be deemed to be the pensionable emoluments
payable to a member of the Force in a grade and at an
incremental level corresponding to the post and
incremental level at which such person retires from
Malta International Airport p.l.c. or from the other
entity as the case may be;
( e ) for the purposes of paragraph ( d ) posts and salary
grades with Malta International Airport p.l.c. or with
such other entity shall be classified in the most nearly
corresonding grades and incremental levels in the
Armed Forces of Malta by reference  to job
description, skills, responsibilities and other analogous
factors;
( f ) the classification referred to in paragraph ( e ) shall be
carried out by a board composed of a chairman
appointed by the Ministry responsible for finance and
two other members, one appointed by the Ministry
responsible centrally for personnel policies in the
public services and one appointed by Malta
International Airport p.l.c. or such other entity as the
                                   MALTA ARMED FORCES                     [ CAP. 220.                       9
case may be. The classification shall be subject to the
final approval of the Minister responsible for finance;
( g ) such classification shall take place within three months
of any adjustment of salaries of members of the force
and, or, of employees of Malta International Airport
p.l.c. or of the other entity as the case may be;
( h ) No post shall be classified in a grade higher than that
of Grade 3 in the service of the Government or such
other grade that the Minister responsible for finance
may from time to time by notice in the Gazette
determine;
( i ) without prejudice to article 113 of the Constitution, no
person may, following a classification as aforesaid, be
entitled to rights under the said regulations, less
favourable than those to which he would have been
entitled prior to such classification;
( j ) the Minister may from time to time by Order declare
that the provisions of paragraphs ( c ) to ( i ) shall apply
to those members of the Force who had terminated
their service in accordance with paragraph ( c ) in order
to take up employment with Malta International
Airport p.l.c. or with such other entity as the case may
be as if such persons at the time of the making of the
Order were members of the Force.
(5) Any regulation or order made under this  shall be laid
before the House immediately after it is made, and if, within the
period of twenty-eight days after it is so laid before it, the House
resolves that it be annulled or amended, the regulation or order
shall thereupon cease to have effect or shall be so amended, as the
case may require, but without prejudice to the validity of anything
previously done thereunder or to the making of a new regulation or
order.
(6) In reckoning for the purpose of subarticle (5) any such
period of twenty-eight days, no account shall be taken of any time
during which the House is not in session or during which it is
adjourned for more than seven days.
TITLE II - THE REGULAR FORCE 
Enlistment 
Recruiting officers.
persons (to be known, and in this Act referred to, as recruiting
officers) and in such manner and subject to such regulations as may
be prescribed.
Enlistment.
given a notice in the prescribed form setting out the questions to be
answered on attestation and stating the general conditions of
engagement to be entered into by him; and a recruiting officer shall
  10        CAP. 220. ]                MALTA ARMED FORCES   
not enlist any person in the regular force unless satisfied by that
person that he has been given such a notice, understands it and
wishes to be enlisted.
(2) The procedure for enlisting a person in the regular force
shall be such as may be prescribed.
(3) A recruiting officer shall not recruit a person under the
appropriate minimum age unless consent to the enlistment has been
given in writing by the father of such person or, if such person is
not subject to paternal authority, by the mother or by any person in
whose care (whether in law or in fact) the person offering to enlist
may be.
(4) In this Part of this Act the expression "appropriate
minimum age" means the age of seventeen years and six months.
Appointment to corps and transfer from one corps to another
Enlistment for 
general or corps 
service and transfer 
between corps.
7. (1) Recruits may, in pursuance of regulations made under
article 4, be enlisted for service in particular corps, but save as may
be provided by such regulations recruits shall be enlisted for
general service.
(2) The competent military authority shall as soon as
practicable appoint a recruit, if enlisted for service in a corps, to
that corps, and if enlisted for general service, to such corps as the
competent military authority may think fit:
  Provided that a recruit enlisted for general service before
attaining the age of eighteen years need not be appointed to a corps
until he attains that age.
(3) A man of the regular force may at any time be transferred
by order of the competent military authority from one corps to
another:
  Provided that except while a state of war exists between Malta
and any foreign power, or men of the reserve are called out on
permanent service, an order under this article shall not be made
otherwise than with the approval of the Minister unless the person
to whom the order relates consents to the transfer.
(4) Where in pursuance of the last foregoing subarticle a man
of the regular force is transferred to a corps of the service different
from that in which he was previously serving, the competent
military authority may by order vary the conditions of his service
so as to correspond with the general conditions of service in the
corps to which he is transferred.
Terms, conditions and extension of service
Terms and 
conditions of 
service.
8. (1) The term and conditions of service for which a person
enlisting in the regular force may be enlisted shall be such a term
and such conditions of service as may be prescribed, and shall be
subject to such conversions, changes and extensions as may be
prescribed.
(2) A man of the regular force shall be liable to universal
service. 
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
Postponement in 
certain cases of 
discharge or 
transfer to reserve.
9. (1) Where at a time at which apart from this article a man
of the regular force would be entitled to be discharged or would fall
to be transferred to the reserve, a state of war exists between Malta
and any foreign power, or men of the reserve are called out on
permanent service, or he is serving outside Malta, he may be
retained in service for such period as is hereinafter mentioned, and
his service may be prolonged accordingly.
(2) No person shall be retained in service by virtue of this
article later than the expiration of twelve months after the date on
which apart from this article he would be entitled to be discharged.
(3) Subject to the provisions of the last foregoing subarticle, a
person who apart from this article would be entitled to be
discharged may be retained in service for such period as the
Minister may order.
(4) Subject as aforesaid, a person who apart from this article
would fall to be transferred to the reserve may be retained in
service for such period, ending not later than twelve months from
the date on which apart from this article he would fall to be
transferred to the reserve, as the Minister may order or for any
period or further period during which men of the reserve continue
called out on permanent service.
(5) If while a man is being retained in service by virtue of this
article it appears to the competent military authority that his
services can be dispensed with, he shall be entitled to be discharged
or transferred to the reserve as the case may require.
(6) Where, at any time at which under the foregoing provisions
of this article a man is entitled to be discharged or transferred to the
reserve, a state of war exists between Malta and any foreign power,
he may, by declaration made in the prescribed form before his
commanding officer agree to continue in service while such state of
war exists; and if the competent military authority approves he may
continue accordingly as if the period for which his term of service
could be prolonged under the foregoing provisions of this article
were a period continuing so long as a state of war exists:
  Provided that if it is so specified in the declaration he shall be
entitled to be discharged or transferred to the reserve, as the case
may require, at the expiration of three months’ notice given by him
to his commanding officer.
(7) In relation to men of the regular force serving outside Malta
references in this article to being entitled to be transferred to the
reserve shall be construed as references to being entitled to be sent
to Malta with all convenient speed for the purpose of being
transferred to the reserve.
Continuation of 
service in 
imminent national 
danger. 
Amended by:
LVIII. 1974.68.
10. (1) If it appears to the President of Malta that national
danger is imminent or that a great emergency has arisen, he may by
order signified under the hand of the Minister, provide that men
who would otherwise fall to be transferred to the reserve shall
continue in service; and thereupon the last foregoing article shall
apply to such men as it applies while men of the reserve are called
out on permanent service.
  12        CAP. 220. ]                MALTA ARMED FORCES   
(2) Where an order has been made under subarticle (1), the
occasion thereof shall forthwith be communicated to the House.
(3) An order in force under subarticle (1) may be revoked by
order of the President of Malta signified as therein mentioned.
Discharge and transfer to reserve
Discharge. 
Amended by:
LVIII. 1974. 68.
11. (1) Save as hereinafter provided every man of the regular
force, upon becoming entitled to be discharged, shall be discharged
with all convenient speed but until discharged shall remain subject
to military law.
(2) Where a man of the regular force is, when entitled to be
discharged, serving out of Malta, then -
( a ) if he requires to be discharged in Malta, he shall be
sent there free of cost with all convenient speed and
shall be discharged on his arrival there or, if he
consents to the discharge being delayed, within six
months from his arrival; but
( b ) if at his request he is discharged at the place where he
is serving he shall have no claim to be sent to Malta or
elsewhere.
(3) Except in pursuance of the sentence of a court-martial, a
man of the regular force shall not be discharged unless his
discharge has been authorised by the competent military authority
or by authority direct from the President of Malta and in any case
the discharge of a man of the regular force shall be carried out in
such manner as may be prescribed.
(4) Every man of the regular force shall on his discharge be
given a certificate of discharge containing such particulars as may
be prescribed.
Transfer to the 
reserve.
12. (1) Every man of the regular force upon falling to be
transferred to the reserve shall be transferred to the reserve but
until so transferred shall remain subject to military law.
(2) Where a man of the regular force, when falling to be
transferred to the reserve, is serving out of Malta he shall be sent to
Malta free of cost with all convenient speed and shall be transferred
to the reserve on his arrival there or, if he consents to his transfer
being delayed, within six months from his arrival:
  Provided that if he so requires he may be transferred to the
reserve without being required to return to Malta.
Postponement of 
discharge or 
transfer pending 
proceedings for 
offences.
13. (1) Notwithstanding anything in this Part of this Act, a
man of the regular force shall not be entitled to be discharged or
transferred to the reserve at a time when he has become liable, as a
person subject to military law, to be proceeded against for an
offence against any of the provisions of this Act:
  Provided that if it is determined that the offence shall not be
tried by court-martial this subarticle shall cease to apply.
(2) Notwithstanding anything in this Part of this Act, a man of
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
the regular force who is outside Malta and serving a sentence of
imprisonment or detention awarded by a court-martial under this
Act, shall not be entitled to be discharged or transferred to the
reserve during the currency of the sentence.
Right of recruit to 
purchase 
discharge. 
Amended by: 
XIII. 1983.5.
14. (1) A recruit shall be entitled to claim his discharge before
the expiration of the period of three months beginning with the date
of his attestation, and if he makes such a claim he shall on payment
of the sum of twenty liri or such less sum as may be prescribed be
discharged with all convenient speed:
  Provided that -
( a ) if regulations made under article 4 so provide, the right
conferred by this subarticle shall not be exercisable by
a recruit before the expiration of such period (not
exceeding two months) beginning with the said date as
may be prescribed; and
( b ) if a claim is made under this subarticle by a recruit at a
time when men of the regular force are required by an
order under article 10 to continue in service, he shall
not be entitled to be discharged so long as they are so
required to continue in service.
(2) In this  the expression "recruit" means a person enlisted in
the regular force in accordance with provisions of this Part who has
not been previously so enlisted.
Rights of warrant 
officer to discharge 
on reduction to 
ranks.
15. A warrant officer of the regular force who is reduced to the
ranks may thereupon claim to be discharged unless a state of war
exists between Malta and any foreign power or men of the reserve
are called out on permanent service.
Miscellaneous and supplementary provisions
Forfeiture of 
service for 
desertion and 
restoration of 
forfeited service.
16. (1) Where a man of the regular force is convicted of
desertion by court-martial, the period of his service as respects
which he is convicted of having been a deserter shall be forfeited.
(2) Where any of a man’s service is forfeited the provisions of
this Part of this Act (excepting those relating to discharge by
purchase) shall apply to him, and he shall be liable to serve, in like
manner as if the appropriate date were the date of his attestation
and he had, on the appropriate date, been duly enlisted to serve for
the like term (both as respects duration and as respects liability to
service and liability to serve in the reserve) as that for which he
was in fact serving at the time of his conviction:
  Provided that where at the date of his conviction the man was
serving a term ending with the expiration of a period beginning
with the date of his attaining the age of eighteen years and he had
attained that age when he was convicted (whether or not he had
attained it when the offence was committed) the duration of the
term for which he is liable to serve shall be equal to that period and
the time for which he is required to serve shall be reduced
accordingly.
(3) In the last foregoing subarticle the expression "the
  14        CAP. 220. ]                MALTA ARMED FORCES   
appropriate date" -
( a ) if in consequence of subarticle (1) and an award of the
court-martial under Part III the whole of his previous
service is forfeited, means the date of his conviction;
( b ) if in consequence of the said subarticle (1) or that
subarticle and an award of the court-martial part only
of his previous service is forfeited, means a date
earlier than the date of his conviction by the length of
service not forfeited.
(4) Where a right is conferred on a man of the regular force to
determine his full-time service at any such time as may be
prescribed or to be transferred at any such time to the reserve, that
right shall not be exercisable, in consequence of a forfeiture of
service, at a time earlier than that at which it would have been
exercisable apart from the forfeiture.
(5) Any service forfeited under this article may be restored in
consideration of good service or on other grounds justifying the
restoration of service forfeited as may be prescribed and in such
manner and subject to such conditions and exceptions as may be
prescribed.
Validity of 
attestation and 
enlistment.
17. (1) Where a person has signed the declaration set out in
the attestation paper as to the truth of the answers given to the
questions set out in the attestation paper, and has thereafter
received pay as a man of the regular force- 
( a ) the validity of his enlistment shall not be called in
question on the ground of any error or omission in his
attestation paper;
( b ) if within three months from the date on which he
signed the said declaration he claims that his
enlistment is invalid by reason of any non-compliance
with the requirements of this Act or of any regulations
made thereunder as to enlistment or attestation, or any
other ground whatsoever (not being an error or
omission in his attestation paper) on which apart from
this subarticle the validity of his enlistment could have
been called in question, the claim shall be submitted as
soon as may be to the Commander, and if the claim is
well founded the Commander shall cause him to be
discharged with all convenient speed;
( c ) subject to the provisions of the last foregoing
paragraph, he shall be deemed as from the expiration
of the said three months to have been validly enlisted
notwithstanding any such non-compliance or other
grounds as aforesaid;
( d ) notwithstanding any such non-compliance or other
grounds as aforesaid, or the making of a claim in
pursuance of paragraph ( b ), he shall be deemed to be a
man of the regular force until his discharge.
(2) In the case of a person who when he signed the said
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
declaration had not attained the appropriate minimum age,
subarticle (1)( b ) shall have effect as if for the words "he claims"
there were substituted the words "he, or any person whose consent
to the enlistment was required under article 6(3) but who did not
duly consent, claims".
(3) Where a person has received pay as a man of the regular
force without having previously signed the declaration referred to
in subarticle (1), then -
( a ) he shall be deemed to be a man of the regular force
until discharged;
( b ) he may claim his discharge at any time, and if he does
so the claim shall be submitted as soon as may be to
the Commander, who shall cause him to be discharged
with all convenient speed.
(4) Nothing in the foregoing provisions of this article shall be
construed as prejudicing the determination of any question as to the
term for which a person was enlisted or as preventing the discharge
of a person who has not claimed his discharge
False answers in 
attestation paper.  
Amended by: 
XIII. 1983.5.
18. (1) If a person appearing before a recruiting officer for the
purpose of being attested knowingly makes a false answer to any
question contained in the attestation paper and put to him by or by
the direction of the recruiting officer, he shall be liable on summary
conviction to imprisonment for a term not exceeding three months
or to a fine ( multa ) not exceeding twenty liri.
(2) A person may be proceeded against under this article
notwithstanding that he has since become subject to military law. 
TITLE III - THE TERRITORIAL FORCE
Enlistment and discharge
Enlistment and 
attestation.
19. The provisions of articles 5, 6, 17 and 18 shall apply to the
territorial force subject to the following modifications, that is to
say:
( a ) for references to the regular force there shall be
substituted references to the territorial force;
( b ) for references to a man of the regular force there shall
be substituted references to a man of the territorial
force; and
( c ) the references in article 17 to the receipt of pay shall
be omitted.
Term and 
conditions of 
service.
20. (1) Every person enlisted in the territorial force shall be
enlisted to serve for a term, beginning with the date of his
attestation, not exceeding four years as is agreed on attestation, and
may, within the period of twelve months expiring with the end of
his current term of service, be re-engaged for a term, beginning
with the end of the previous term, not exceeding four years, as is
  16        CAP. 220. ]                MALTA ARMED FORCES   
agreed on re-engagement, and so from time to time.
(2) Every man of the territorial force shall be enlisted for
service and posted in such corps as he may select.
(3) Save as provided in the foregoing provisions of this article,
the conditions of service of a man of the territorial force shall be
such as may be prescribed.
Area of service 21. Officers and men of the territorial force shall be liable to
serve in any part of Malta, but shall not be liable to serve outside
Malta.
Subjection to Act 
until discharge.
22. A man of the territorial force shall, until duly discharged in
the prescribed manner, remain subject to the provisions of this Act
applicable to him as a man of the territorial force.
Discharge. 
Amended by:
XIII. 1983.5.
23. (1) A man of the territorial force shall, save as hereinafter
provided, be entitled to be discharged before the end of his current
term of service on complying with the following conditions:
( a ) giving to his commanding officer three months’ notice
in writing, or such less notice as may be prescribed, of
his desire to be discharged; and
( b ) paying to his commanding officer the sum of five liri
or such less sum as may be prescribed; and
( c ) delivering up in good order, fair wear and tear
excepted, all arms, clothing and equipment issued to
him, or, in cases where for any good and sufficient
cause the delivery of the property aforesaid is
impossible, paying the value thereof:
  Provided that it shall be lawful for the competent military
authority, in any case in which it appears that the reasons for which
the discharge is claimed are of sufficient weight, to dispense either
wholly or in part with all or any of the above conditions.
(2) A man of the territorial force may be discharged by his
commanding officer for disobedience to orders by him while doing
any military duty, or for neglect of such duty, or for misconduct by
him as a man of the territorial force, or for other sufficient cause,
the existence and sufficiency of such cause to be judged by the
commanding officer:
  Provided that a man so discharged shall be entitled to appeal to
the Commander who may give such directions in any such case as
he may think just and proper.
Postponement of 
discharge during 
embodiment or 
special service.
24. Where the time at which a man of the territorial force
would otherwise be entitled to be discharged occurs during any
period while an order is in force ordering the territorial force or any
part thereof to be called out on permanent service or during the
period that he is called out for special service, he may be required
to prolong his service for such further term, not exceeding twelve
months, as the Minister may order; and a man of the territorial
force shall not during any such period be entitled to be discharged
under article 23(1).
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
                                        Training
Training.
Amended by:
XIII. 1983.5.
25. (1) Subject to the provisions of this article, every man of
the territorial force shall, by way of annual training, be trained for
not less than eight nor more than fifteen days in every year at such
times and at such places in Malta as may be ordered by the
competent military authority, and may for that purpose be called
out once or oftener in every year.
(2) Subject to the provisions of this article, every man of the
territorial force shall attend such number of drills and fulfil such
other conditions relating to training as may be prescribed.
(3) The requirements of subarticles (1) and (2) may be
dispensed with, in whole or in part -
( a ) as respects the territorial force or part of that force, by
the Commander;
( b ) as respects an individual man of the territorial force by
his commanding officer subject to any general
directions of the Commander.
(4) The Minister may by order direct that the period of annual
training in any year of all or any part of the territorial force or of
any man thereof be extended to such period not exceeding thirty
days as may be specified in the order.
(5) Nothing in this Act shall be construed as preventing a man,
with his own consent, being called up for the purpose of duty,
instruction or training, whether in Malta or overseas, as part of or
in addition to any other training, in accordance with regulations or
orders under this Act.
(6) Where a man of the force, without leave lawfully granted,
or such sickness or other reasonable excuse as may be allowed in
the prescribed manner, fails to appear at the time and place
appointed for training, or fails to attend the number of drills or to
fulfil the other conditions relating to training which may be
prescribed, he shall be liable on summary conviction to a fine
( ammenda ) not exceeding five liri.
Mobilisation 
Embodiment. 
Amended by:
LVIII. 1974.68.
26. (1) If it appears to the President of Malta that national
danger is imminent or that a great emergency has arisen or that an
invasion or attack is apprehended, he may, by order signified under
the hand of the Minister, order that the territorial force be called out
on permanent service, and immediately upon and by virtue of the
issue of such order the Commander shall give, and when given
revoke or vary, such directions as he may deem necessary or proper
for embodying the territorial force or any part thereof.
(2) Where directions under this article for the time being direct
the embodiment of any part of the territorial force, every officer
and man belonging to that part shall attend at the time and place
fixed by those directions and after that time they shall be deemed to
be embodied; and such officers and men are in this Act referred to
as embodied or as the embodied part or parts of the territorial force.
  18        CAP. 220. ]                MALTA ARMED FORCES   
(3) On embodiment, the territorial force or the embodied part
or parts thereof shall, until disembodiment, be governed by the
provisions of this Act and of any regulation or order made
thereunder governing the regular force insofar as they may be
applicable thereto.
(4) Where an order has been made under subarticle (1), the
occasion thereof shall forthwith be communicated to the House.
Disembodying. 
Amended by:
LVIII. 1974.68.
27. (1) The President of Malta may by order signified under
the hand of the Minister, order the territorial force to be
disembodied; and thereupon the Commander shall give such
directions as he may deem necessary or proper for carrying the
order into effect.
(2) Until an order under subarticle (1) has been issued, the
Commander may from time to time as he may think expedient give
such directions as he may deem necessary or proper for
disembodying any embodied part of the territorial force and for
embodying any part of the territorial force not embodied, whether
that part was previously embodied or not.
(3) After the date fixed by the directions for the disembodiment
of any part of the territorial force, the officers and men belonging
to that part shall be in the position of officers and men of the
territorial force when not embodied unless and until they are again
embodied.
Calling out for 
special service.
28. (1) Every officer and man of the territorial force who has
in writing on the prescribed form agreed that this article shall apply
to him or that he shall be liable to be called out for special service
shall be liable to be called out for special service notwithstanding
that the territorial force, or the part thereof to which he belongs,
has not been embodied.
(2) It shall be lawful for the Minister, at any time when it
appears to him that the occasion so requires, to give, and when
given to revoke or vary, such directions as he may think fit for
calling out for special service in accordance with the provisions of
subarticle (1) any officer or man of the territorial force who by
virtue of those provisions is liable to be called out; and every
officer or man called out by the directions shall attend at the place
and time appointed by the directions, and shall be deemed to be
called out for special service at and after that time.
(3) Where the Minister has given any directions under the last
foregoing subarticle he may at any time thereafter give such
directions as he may think fit for terminating the service under
subarticle (1) of any officer or man called out by the directions
given under subarticle (2), but without prejudice to the power of the
Minister, by further directions given under subarticle (2), to call out
for further service any officer or man whose service has been
terminated by directions given under this subarticle.
(4) If, while an officer or man of the territorial force called out
by directions given under subarticle (2) is serving under subarticle
(1), directions are given under this Act for the embodiment of the
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
territorial force or the part thereof in which he is serving, such
officer or man shall thereupon be deemed to be embodied and his
service under subarticle (1) shall cease. 
Minister or 
Commander may 
act through 
officials or 
subordinates.
29. In the exercise of the powers conferred on them by articles
26, 27 and 28, the Minister or the Commander, as the case may be,
may act through their officials or subordinates; and any direction,
notice or order given under the authority of the Minister or of the
Commander, as the case may be, shall have the same force and
effect as a direction, notice or order given by the Minister or by the
Commander, as the case may require.
Additional powers 
of transfer and 
posting during 
embodiment or 
special service.
30. (1) A man of the territorial force may, by order of the
competent military authority, at any time while the part of the
territorial force to which he belongs is embodied or while he is
serving under article 28(1), be transferred or posted without his
consent to any corps.
(2) Where a man of the territorial force who has been
transferred or posted by virtue of this article continues in service,
then, if he so desires, there shall, as soon as may be convenient
after the end of the period of embodiment or, as the case may be, of
the period of his service under article 28(1), be taken all such steps
as are necessary to enable him to serve again in the corps in which
he was serving at the time when he was first so transferred or
posted.
(3) The last foregoing subarticle shall apply to a man who by
virtue of article 28(4) is deemed to be embodied as if the words "or,
as the case may be, of the period of his service under article 28(1)"
were omitted.
TITLE IV - THE RESERVE FORCE
The reserve force
The reserve force.
mentioned in subarticle (2) as may from time to time be established
under this Act.
(2) The bodies referred to in subarticle (1) are -
( a ) the reserve of the regular force;
( b ) the reserve of the territorial force.
(3) The reserve force shall be governed by such provisions as
may be prescribed and by the following provisions of this Part of
this Act; and different provisions may be prescribed for different
bodies of the reserve force.
Call out of reserves
Call out of reserves 
in case of national 
danger, etc. 
Amended by:
LVIII. 1974.68.
32. (1) If it appears to the President of Malta that national
danger is imminent or that a great emergency has arisen, he may
subject to the following provisions of this article, by order signified
under the hand of the Minister, authorise the calling out of any
  20        CAP. 220. ]                MALTA ARMED FORCES   
reserve force on permanent service.
(2) Where an order is made under subarticle (1) the occasion
thereof shall forthwith be communicated to the House.
 (3) An order in force under subarticle (1) may be revoked by an
order of the President of Malta signified as therein mentioned; but
the revocation shall not affect the liability for service of any person
called into service by virtue of the order at the time of its
revocation.
Call-out notices. 33. (1) In any case where an order is in force under article
32(1) authorising the calling out of a reserve force, any member of
that force (hereafter in this article referred to as a "reservist") may
be called into service by the Minister by notice in writing.
(2) A notice under subarticle (1) (hereafter in this Act referred
to as a "call-out notice") shall specify the time and place at which
the reservist is to present himself; and a call-out notice shall be
deemed to be served on the reservist if it is delivered to him
personally or sent by registered post to him at his latest address
known to the appropriate military authorities.
(3) A call-out notice may be revoked or varied by the Minister
by a subsequent notice in writing, and the last foregoing subarticle
shall apply to the service of such a notice as it applies to the service
of a call-out notice.
(4) Where a reservist who is liable to be called into service by a
call-out notice -
( a ) attends in person at such place as may be prescribed;
and
( b ) presents himself for service to such authority as may
be prescribed; and
( c ) is informed by that authority that by virtue of this
subarticle he is accepted for service,
he shall be deemed to have been served with a call-out notice
specifying as the time and place mentioned in subarticle (2) the
time at which he is informed and the place at which he attends as
aforesaid; and any call-out notice previously issued for him shall
cease to have effect, without prejudice to any liability arising from
his failure to comply with the notice before he attends as aforesaid.
Duration of service 
of reservists called 
out on permanent 
service.
34. Save as may be otherwise prescribed, a member of the
reserve force who is called out on permanent service shall be liable
to serve until his services are no longer required or until the
expiration of his term of service in that reserve whichever first
occurs.
End of service 
under call-out 
notices.
35. In any case where -
( a ) the services of a person called into service by a call-
out notice are no longer required; or
( b ) the person is in service in pursuance of a call-out
notice at the expiration of the period of his liability for
service, 
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
he shall be entitled to be released from whole-time service in the
prescribed manner with all convenient speed.
Training
Training of reserve 
force. 
Amended by: 
XIII. 1983.5.
36. (1) A member of a reserve force may, in accordance with
such provisions as may be prescribed, be called out in any year for
training - 
( a ) for one period not exceeding fifteen days; and
( b ) for such other periods as may be prescribed, none of
which shall exceed thirty-six hours without the
consent of the person in question,
and may while so called out be attached to and trained with any
body of the force.
(2) Where a member of a reserve force, without leave lawfully
granted, or such sickness or other reasonable excuse as may be
allowed in the prescribed manner, fails to appear at the time and
place appointed for training, he shall be liable on summary
conviction to a fine ( ammenda ) not exceeding five liri.
PART III
MILITARY OFFENCES
Treachery, cowardice and offences arising out of military service
Aiding the enemy.
Amended by:
X. 2000.2.
37. (1) Any person subject to military law who with intent to
assist the enemy -
( a ) abandons or delivers up any place or post which it is
his duty to defend, or induces any person to abandon
or deliver up any place or post which it is that person’s
duty to defend; or
( b ) does any act calculated to imperil the success of
operations of the force, or of any forces cooperating
therewith or of any part of any of those forces; or
( c ) having been made a prisoner of war serves with or aids
the enemy in the prosecution of hostilities or of
measures calculated to influence morale, or in any
other manner whatsoever not authorised by
international usage; or
( d ) furnishes the enemy with arms or ammunition or with
supplies of any description or with any other thing
likely to assist him (whether similar to any of the
things aforesaid or not); or
( e ) harbours or protects an enemy not being a prisoner of
war; or
( f ) gives any false air signal or alters or interferes with
any air signal or any apparatus for giving an air signal;
or 
( g ) when ordered by his superior officer, or otherwise
  22        CAP. 220. ]                MALTA ARMED FORCES   
under orders, to carry out any warlike operations in the
air fails to use his utmost exertions to carry such
orders into effect; or
( h ) causes the capture or destruction by the enemy of any
of the force’s aircraft or the aircraft of any force
cooperating with the force,
shall, on conviction by court-martial, be liable to imprisonment for
life or any other punishment provided by this Act.
(2) Any person subject to military law who knowingly and
without lawful excuse does any of the acts specified in paragraphs
( a )   to   ( e ) of the last foregoing subarticle shall, where it is not
proved that he acted with intent to assist the enemy, be liable on
conviction by court-martial to imprisonment or other less
punishment provided by this Act.
(3) Any person subject to military law who negligently causes
the capture or destruction by the enemy of any of the force’s
aircraft or the aircraft of any force cooperating with the force shall,
on conviction by court-martial, be liable to imprisonment or any
less punishment provided by this Act.
Communication 
with the enemy and 
injurious 
disclosures.
Amended by:
X. 2000.2.
38. (1) Any person subject to military law who with intent to
assist the enemy communicates with or gives intelligence to the
enemy shall, on conviction by court-martial, be liable to
imprisonment for life or any other punishment provided by this
Act.
(2) Any person subject to military law who without authority
communicates with or gives intelligence to the enemy shall, on
conviction by court-martial, be liable to imprisonment or any less
punishment provided by this Act.
(3) Any person subject to military law who without authority
discloses, whether orally, in writing, by signal or by any other
means whatsoever, any information which is or purports to be
information useful to an enemy shall, on conviction by court-
martial, be liable to imprisonment for a term not exceeding two
years or any less punishment provided by this Act.
(4) In this article the expressions "intelligence" and
"information useful to an enemy" mean information which is or
purports to be information as to any matter such that information
about it would or might be directly or indirectly useful to the
enemy, and in particular (but without prejudice to the generality of
the foregoing provisions of this subarticle) as to any matter falling
within the following paragraphs, being a matter such that
information as to it would or might be useful as aforesaid, that is to
say -
( a ) the number, description, armament, equipment,
disposition, movement or condition of any part of the
force or of any forces cooperating therewith, or of any
of the ships or aircraft of the force or of the ships or
aircraft of any such cooperating force;
( b ) any operations or projected operations of any of such
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
forces, ships or aircraft as aforesaid;
( c ) any code, cipher, call sign, password or countersign; 
( d ) any measures for the defence or fortification of any
place;
( e ) the number, description or location of any prisoners of
war;
( f ) munitions of war.
Cowardly 
behaviour.
39. (1) Any person subject to military law who when before
the enemy -
( a ) leaves the post, position or other place where it is his
duty to be; or
( b ) throws away his arms, ammunition or tools; or
( c ) does any of the acts specified in article 37(1)( f ) to ( h ),
in such a manner as to show cowardice, or otherwise behaves in
such a manner as to show cowardice, shall be guilty of an offence
against this .
(2) Any person subject to military law who when before the
enemy induces other persons subject to military law and before the
enemy to commit an offence under the last foregoing subarticle
shall be guilty of an offence against this article.
(3) Any person guilty of an offence against this article shall, on
conviction by court-martial, be liable to imprisonment or any less
punishment provided by this Act.
Offences against 
morale.
40. Any person subject to military law who - 
( a ) spreads (whether orally, in writing, by signal, or
otherwise) reports relating to operations of the force,
or of any forces cooperating therewith, or of any part
of any of those forces, being reports calculated to
create despondency or unnecessary alarm; or
( b ) when before the enemy uses words calculated to create
despondency or unnecessary alarm,
shall, on conviction by court-martial, be liable to imprisonment or
any less punishment provided by this Act.
Becoming prisoner 
of war through 
disobedience or 
wilful neglect; and 
failure to rejoin 
force.
41. (1) Any person subject to military law who, through
disobedience to orders or wilful neglect of his duty, is captured by
the enemy shall be guilty of an offence against this article.
(2) Any person subject to military law who, having been
captured by the enemy, fails to take, or prevents or discourages any
other such person captured by the enemy from taking, any
reasonable steps to rejoin the force which are available to him or, as
the case may be, to that other person shall be guilty of an offence
against this article.
(3) Any person guilty of an offence against this article shall, on
conviction by court-martial, be liable to imprisonment or any less
punishment provided by this Act.
  24        CAP. 220. ]                MALTA ARMED FORCES   
Offences by or in 
relation to sentries, 
etc.
42. (1) Any person subject to military law who while on guard
duty -
( a ) sleeps at his post; or
( b ) when not on duty at a post, is asleep at a time when he
is not allowed to be asleep; or
( c ) is drunk; or
( d ) leaves his post without having been regularly relieved
or otherwise absents himself from any place where it is
his duty to be,
shall be guilty of an offence against this article.
(2) For the purposes of this article a person shall be treated as
being 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.
(3) Any person subject to military law who strikes or otherwise
uses force against any person on guard duty, being a member of the
force or of any forces cooperating therewith, or by the threat of
force compels any such person to let him or any other person pass,
shall be guilty of an offence against this article.
(4) Any person guilty of an offence against this article shall, on
conviction by court-martial, be liable to imprisonment or any less
punishment provided by this Act:
Provided that if the offence was not committed on active service
he shall not be liable to be imprisoned for more than two years. 
(5) References in this article to a person on guard duty are
references to a person who -
( a ) is posted or ordered to patrol, or
( b ) is a member of a guard or other party mounted or
ordered, to patrol,
for the purpose of protecting any persons, premises or place.
(6) The foregoing provisions of this article shall apply in
relation to persons posted or ordered to patrol, or members of a
party mounted or ordered to patrol, for the purposes of preventing
or controlling access to or egress from any premises or place, or of
regulating traffic by road, by rail or any inland navigation, as they
apply to persons on guard duty.
Looting. 43. Any person subject to military law who - 
( a ) steals from, or with intent to steal searches, the person
of anyone killed or wounded in the course of warlike
operations; or
( b ) steals any property which has been left exposed or
unprotected in consequence of warlike operations; or 
( c ) takes otherwise than for the public service any vehicle,
equipment or stores abandoned by the enemy,
shall be guilty of looting and shall be liable, on conviction by
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
court-martial, to imprisonment or any less punishment provided by
this Act.
Mutiny and insubordination
Mutiny.
Amended by:
X. 2000.2.
44. (1) Any person subject to military law who - 
( a ) takes part in a mutiny involving the use of violence or
the threat of the use of violence, or having as its object
or one of its objects the refusal or avoidance of any
duty or service against, or in connection with
operations against, the enemy, or the impeding of the
performance of any such duty or service; or
( b ) incites any person subject to military law to take part
in such a mutiny, whether actual or intended,
shall, on conviction by court-martial, be liable to imprisonment for
life or any other punishment provided by this Act.
(2) Any person subject to military law who, in a case not
falling within the last foregoing subarticle, takes part in a mutiny,
or incites any person subject to military law to take part in a
mutiny, whether actual or intended, shall, on conviction by court-
martial, be liable to imprisonment or any less punishment provided
by this Act.
(3) In this Act the expression "mutiny" means a combination
between two or more persons subject to military law, or between
persons two at least of whom are subject to military law -
( a ) to overthrow or resist lawful authority in the force or
any forces cooperating therewith or in any part of any
of the said forces; or
( 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 force or in any forces cooperating therewith or in
any part of any of the said forces.
Failure to suppress 
mutiny.
Amended by:
X. 2000.2.
45. Any person subject to military law who, knowing that a
mutiny is taking place or is intended -
( a ) fails to use his utmost endeavours to suppress or
prevent it; or
( b ) fails to report without delay that the mutiny is taking
place or is intended,
shall on conviction by court-martial - 
(i) if his offence was committed with intent to assist
the enemy, be liable to imprisonment for life or
any other punishment provided by this Act;
(ii) in any other case, be liable to imprisonment or
any less punishment provided by this Act.
  26        CAP. 220. ]                MALTA ARMED FORCES   
Insubordinate 
behaviour.
46. (1) Any person subject to military law who -
( a ) strikes or otherwise uses violence to, or offers violence
to, his superior officer; or
( b ) uses threatening or insubordinate language to his
superior officer,
shall, on conviction by court-martial, be liable to imprisonment or
any less punishment provided by this Act:
Provided that he shall not be liable to be imprisoned for more
than two years if the offence was not committed on active service
and did not involve the striking or other use of violence, or offering
of violence, to a superior officer exercising authority as such.
(2) In the foregoing provisions of this article the expression
"superior officer", in relation to any person, means an officer,
warrant officer or non-commissioned officer of the regular force, or
any such officer of the territorial force while he is subject to
military law, who is of superior rank and includes an officer,
warrant officer or non-commissioned officer as aforesaid of equal
rank but greater seniority while exercising authority as the said
person’s superior.
Disobedience to 
particular orders.
47. (1) Any person subject to military law who, in such
manner as to show a wilful defiance of authority, disobeys any
lawful command given or sent to him personally shall, on
conviction by court-martial, be liable to imprisonment or any less
punishment provided by this Act.
(2) Any person subject to military law who, whether wilfully or
through neglect, disobeys any lawful command shall, on conviction
by court-martial, be liable to imprisonment or any less punishment
provided by this Act:
  Provided that if the offence was not committed on active service
he shall not be liable to be imprisoned for more than two years. 
Obstruction of 
provost officers.
48. Any person subject to military law who -
( a ) obstructs; or
( b ) when called on, refuses to assist,
any person known to him to be a provost officer, or to be a person
(whether subject to military law or not) legally exercising authority
under or on behalf of a provost officer, shall, on conviction by
court-martial, be liable to imprisonment for a term not exceeding
two years or any less punishment provided by this Act.
Disobedience to 
standing orders.
49. (1) Any person subject to military law who contravenes or
fails to comply with any provision of orders to which this article
applies, being a provision known to him, or which he might
reasonably be expected to know, shall, on conviction by court-
martial, be liable to imprisonment for a term not exceeding two
years or any less punishment provided by this Act.
(2) This article applies to standing orders or other routine
orders of a continuing nature made for any formation or unit or
body of troops, or for any command or other area, garrison or
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
place, or for any ship, train or aircraft.
Desertion, absence without leave, etc.
Desertion.
( a ) deserts; or
( b ) persuades or procures any person subject to military
law to desert,
shall, on conviction by court-martial, be liable to imprisonment or
any less punishment provided by this Act:
  Provided that a person shall not be liable to be imprisoned for
more than two years unless - 
(i) if the offence was against paragraph ( a ), he was
on active service or under orders for active
service at the time when it was committed; or
(ii) if the offence was an offence against paragraph
( b ), the person in relation to whom it was
committed was on active service or under orders
for active service at that time.
(2) For the purposes of this Act a person deserts who - 
( a ) leaves the service of the force or, when it is his duty to
do so, fails to join or rejoin that service, with (in either
case) the intention, subsisting at the time of the
leaving or failure or formed thereafter, of remaining
permanently absent from his duty; or
( b ) being an officer enlists in or enters any part of the
force without having resigned his commission, or
being a man of the force enlists in or enters any part of
the force without having been discharged from his
previous enlistment; or
( c ) absents himself without leave with intent to avoid
serving at any place overseas, when he is liable so to
serve, or to avoid service or any particular service
when before the enemy; or
( d ) being an officer or man of the territorial force, fails to
appear at the time and place appointed for assembling
on embodiment or at the time and place appointed on
his being called out for special service, as the case may
be, in accordance with directions given under article
26 or article 28, with the intention, subsisting at the
time of failure or formed thereafter, of remaining
permanently absent from duty,
and references in this Act to desertion shall be construed
accordingly.
(3) In addition to or in lieu of any punishment authorised by
subarticle (1), the court-martial by whom a man of the regular force
is convicted of desertion may direct that the whole or any part of
his service previous to the period as respects which he is convicted
of having been a deserter shall be forfeited.
  28        CAP. 220. ]                MALTA ARMED FORCES   
Absence without 
leave.
51. (1) Any person subject to military law who - 
( a ) absents himself without leave; or
(b) persuades or procures any person subject to military
law to absent himself without leave,
shall, on conviction by court-martial, be liable to imprisonment for
a term not exceeding two years or any less punishment provided by
this Act.
(2) For the purposes of this Act, failure by an officer or man of
the territorial force to appear at the time and place appointed for
assembling on embodiment or at the time and place appointed on
his being called out for special service, as the case may be, in
accordance with directions given under article 26 or article 28,
shall, if such failure is without leave lawfully granted or such
sickness or other reasonable excuse as may be allowed in the
prescribed manner, be deemed to be absence without leave within
the meaning of subarticle (1), and this Act shall apply to, or in
relation to, such person accordingly.
Assisting and 
concealing 
desertion and 
absence without 
leave.
52. Any person subject to military law who - 
( a ) knowingly assists any person subject to military law to
desert or absent himself without leave; or
( b ) knowing that a person subject to military law has
deserted or absented himself without leave, or is
attempting to desert or to absent himself without leave,
fails to report that fact without delay, or fails to take
any steps in his power to cause that person to be
apprehened,
shall, on conviction by court-martial, be liable to imprisonment for
a term not exceeding two years or any less punishment provided by
this Act.
Falsely obtaining 
or prolonging 
leave.
53. Any person subject to military law who for the purpose of
obtaining leave or prolonging his leave knowingly makes any false
statement to any military authority, to a member of the Police force
or to any person authorised by or under instructions of the
Commander to act for the purpose of obtaining prolongation of
leave shall, on conviction by court-martial be liable to
imprisonment for a term not exceeding two years or any less
punishment provided by this Act.
Failure to perform 
military duty.
54. Any person subject to military law who without reasonable
excuse fails to attend for any parade or other military duty of any
description or leaves any such parade or duty as aforesaid before he
is permitted to do so shall, on conviction by court-martial, be liable
to imprisonment for a term not exceeding two years or any less
punishment provided by this Act.
Malingering and drunkenness
Malingering. 55. (1) Any person subject to military law who - 
( a ) falsely pretends to be suffering from sickness or
disability; or
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
( b ) injures himself with intent thereby to render himself
unfit for service, or causes himself to be injured by any
person with that intent; or
( c ) injures another person subject to military law, at the
instance of that person, with intent thereby to render
that person unfit for service; or
( d ) with intent to render or keep himself unfit for service,
does or fails to do anything (whether at the time of the
act or omission he is in hospital or not) whereby he
produces or prolongs or aggravates, any sickness or
disability,
shall be guilty of malingering and shall, on conviction by court-
martial, be liable to imprisonment for a term not exceeding two
years or any less punishment provided by this Act.
(2) In this article the expression "unfit" includes temporarily
unfit.
Drunkenness.
drunkenness, whether on duty or not, shall, on conviction by court-
martial, be liable to imprisonment for a term not exceeding two
years or any less punishment provided by this Act:
Provided that where the offence is committed by a man of the
force neither on active service nor on duty the sentence imposed
shall not exceed detention for a period of six months.
(2) For the purposes of this article a person is guilty of
drunkenness 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 may
be called upon to perform, or behaves in a disorderly manner likely
to bring discredit to the service.
Offences relating to property
Offences in 
relation to public 
and service 
property.
57. (1) Any person subject to military law who -
( a ) steals or fraudulently misapplies any public or service
property, or is concerned in or connives at the stealing
or fraudulent misapplication of any public or service
property; or
(b) receives, or undertakes or assists in the retention,
removal, disposal or realisation by or for the benefit of
another person of, any stolen goods or of goods
fraudulently misapplied knowing the same to have
been stolen or to have been fraudulently misapplied,
where such goods were public or service property; or
( c ) wilfully damages, or is concerned in the wilful damage
of, any public or service property, including aircraft or
aircraft material; or
( d ) by wilful neglect causes damage by fire to any public
or service property; or
( e ) by wilful neglect causes damage to, or the loss of any
  30        CAP. 220. ]                MALTA ARMED FORCES   
public or service property consisting of aircraft or
aircraft material; or 
( f ) without lawful authority disposes of any public or
service property consisting of aircraft or aircraft
material,
shall on conviction by court-martial, be liable to imprisonment or
any less punishment provided by this Act.
(2) Any person subject to military law who, during a state of
war, wilfully and without proper occasion 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 force’s aircraft shall, on
conviction by court-martial, be liable to imprisonment or any less
punishment provided by this Act:
  Provided that if he has not acted wilfully or with wilful neglect
he shall not be liable to imprisonment for a term exceeding two
years.
Offences in 
relation to property 
of members of 
force.
58. Any person subject to military law who -
( a ) steals or fraudulently misapplies any property
belonging to a person subject to military law, or is
concerned in or connives at the stealing or fraudulent
misapplication of any such property; or
( b ) receives, or undertakes or assists in the retention,
removal, disposal or realisation by or for the benefit of
another person of, any stolen goods or of goods
fraudulently misapplied knowing the same to have
been stolen or to have been fraudulently misapplied,
where such goods belonged to a person subject to
military law; or
( c ) wilfully damages, or is concerned in the wilful damage
of, any property belonging to a person subject to
military law,
shall, on conviction by court-martial, be liable to imprisonment for
a term not exceeding two years or any less punishment provided by
this Act.
Miscellaneous 
offences relating to 
property.
59. Any person subject to military law who - 
( a ) loses or by negligence damages any public or service
property of which he has the charge or which has been
entrusted to his care or which forms part of property of
which he has the charge or which has been entrusted to
his care; or
( b ) by negligence loses or damages any public or service
property consisting of aircraft or aircraft materials; or 
( c ) is guilty of any act or neglect likely to cause damage
to, or the loss of, any public or service property
consisting of aircraft or aircraft material; or
( d ) by negligence causes damage by fire to any public or
service property; or
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
( e ) loses or by negligence damages, any clothing, arms,
ammunition or other equipment issued to him for his
use for military purposes; or
( f ) fails to take proper care of any animal or bird used in
the public service which is in his charge; or
( g ) makes away (whether by pawning, selling, destruction
or in any other way) with any military decoration
granted to him or any clothing, arms, ammunition or
other equipment issued to him for his use for military
purposes,
shall, on conviction by court-martial, be liable to imprisonment for
a term not exceeding two years or any less punishment provided by
this Act:
  Provided that it shall be a defence for any person charged under
this article with losing any property, clothing, arms, ammunition or
other equipment that he took reasonable steps for the care and
preservation thereof.
Offences relating to, and by, persons in custody
Irregular arrest and 
confinement.
60. (1) Any person subject to military law who, when another
person subject thereto is under arrest -
( a ) unnecessarily delays the taking of such steps as it is
his duty to take for investigating the allegations
against that other person or for having the allegations
against that other person investigated by his
commanding officer or the appropriate superior
authority or, as the case may be, tried by court-martial;
or
( b ) fails to release, or effect the release of, that other
person when it is his duty to do so,
shall be guilty of an offence against this article.
(2) Any person subject to military law who, having committed
a person (hereinafter referred to as "the prisoner") to the custody of
any provost officer or other officer, or any warrant officer or non-
commissioned officer, fails without reasonable cause to deliver - 
( a ) at the time of the committal, or
( b ) if it is not practicable so to do at the time of the
committal, then within twenty-four hours thereafter, 
to the person to whose custody the prisoner was committed a report
in writing signed by himself of the offence which the prisoner is
alleged to have committed, shall be guilty of an offence against this
article.
(3) Where any person (hereinafter referred to as "the prisoner")
is committed to the charge of a person subject to military law who
is in command of a guard, then if without reasonable cause that
person does not as soon as he is relieved from his guard and any
further duty, or, if he is not sooner relieved, within twenty-four
hours after the committal, give to the officer to whom it is his duty
  32        CAP. 220. ]                MALTA ARMED FORCES   
to report -
( a ) a written statement containing, so far as known to him,
the prisoner’s name and alleged offence and the name
and rank or other description of the officer or other
person by whom the prisoner is alleged to have
committed the offence, and
( b ) if he has received it, the report required by the last
foregoing subarticle,
he shall be guilty of an offence against this article.
(4) Any person guilty of an offence against this article shall, on
conviction by court-martial, be liable to imprisonment for a term
not exceeding two years or any less punishment provided by this
Act.
Permitting escape, 
and unlawful 
release of 
prisoners.
61. (1) Any person subject to military law who wilfully allows
to escape any person who is committed to his charge, or whom it is
his duty to guard, shall, on conviction by court-martial, be liable to
imprisonment or any less punishment provided by this Act.
(2) Any person subject to military law who -
( a ) without proper authority releases any person who is
committed to his charge; or
( b ) without reasonable excuse allows to escape any person
who is committed to his charge, or whom it is his duty
to guard,
shall on conviction by court-martial, be liable to imprisonment for
a term not exceeding two years or any less punishment provided by
this Act.
Resistance to 
arrest.
62. (1) Any person subject to military law who, being
concerned in any quarrel or disorder, refuses to obey any officer
who orders him into arrest, or strikes or otherwise uses violence to,
or offers violence to, any such officer, shall be guilty of an offence
against this article whether or not the officer is his superior officer.
(2) Any person subject to military law who strikes or otherwise
uses violence to, or offers violence to, any person, whether subject
to military law or not, whose duty it is to apprehend him or in
whose custody he is, shall be guilty of an offence against this
article.
(3) Any person guilty of an offence against this article shall, on
conviction by court-martial, be liable to imprisonment for a term
not exceeding two years or any less punishment provided by this
Act.
Escape from 
confinement.
63. Any person subject to military law who escapes from
arrest, prison or other lawful custody (whether military or not)
shall, on conviction by court-martial, be liable to imprisonment for
a term not exceeding two years or any less punishment provided by
this Act.
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
Offences in relation to courts-martial 
Offences in 
relation to courts-
martial.
64. (1) Any person subject to military law who - 
( a ) having been duly summoned or ordered to attend as a
witness before a court-martial, fails to comply with the
summons or order; or
(b) refuses to swear on oath when duly required by a
court-martial to do so; or
( c ) refuses to produce any document in his custody or
under his control which a court-martial has lawfully
required him to produce; or
( d ) when a witness, refuses to answer any question which
a court-martial has lawfully required him to answer; or 
( e ) wilfully insults any person, being a member of a court-
martial or a witness or any other person whose duty it
is to attend on or before the court, while that person is
acting as a member thereof or is so attending, or
wilfully insults any such person as aforesaid while that
person is going to or returning from the proceedings of
the court; or
( f ) wilfully interrupts the proceedings of a court-martial
or otherwise misbehaves before the court,
shall, on conviction by a court-martial, other than the court in
relation to which the offence was committed, be liable to
imprisonment for a term not exceeding two years or any less
punishment provided by this Act.
(2) Notwithstanding anything in the last foregoing subarticle,
where an offence against paragraph ( e )   or   ( f ) of that subarticle is
committed in relation to any court-martial held in pursuance of this
Act that court, if of opinion that it is expedient that the offender
should be dealt with summarily by the court instead of being
brought to trial before another court-martial, may by order under
the hand of the president order the offender to be imprisoned for a
period not exceeding twenty-one days, or, in the case of a man of
the force, either to be imprisoned for such a period or to undergo
detention for such period.
False evidence.
lawfully sworn as a witness or as an interpreter in proceedings
before a court-martial or before any board or person having power
by virtue of this Act to administer oaths, makes a statement
material in those proceedings which he knows to be false or does
not believe to be true shall, on conviction by court-martial, be
liable to imprisonment for a term not exceeding two years or any
less punishment provided by this Act.
(2) A person shall not be liable to be convicted of an offence
against this article solely upon the evidence of one witness as to the
falsity of any statement alleged to be false.
  34        CAP. 220. ]                MALTA ARMED FORCES   
Miscellaneous offences
Making of false 
statements on 
enlistment.
66. Any person who, when before a recruiting officer for the
purpose of being attested in pursuance of Part II of this Act, has
knowingly made a false answer to any question contained in the
attestation paper and put to him by or by the direction of the
recruiting officer shall if he has since become and remains subject
to military law be liable, on conviction by court-martial, to the like
imprisonment as on summary conviction of an offence against
article 18 or to any less punishment provided by this Act.
Making of false 
documents.
67. Any person subject to military law who -
( a ) makes, signs or makes an entry in any service report,
return, paylist or certificate or other service document,
being a document or entry which is to his knowledge
false in a material particular; or
( b ) alters any service report, return, paylist or certificate
or other service document, or alters any entry in such a
document, so that the document or entry is to his
knowledge false in a material particular, or suppresses,
defaces or makes away with any such document or
entry which it is his duty to preserve or produce; or
( c ) with intent to defraud, fails to make an entry in any
such document; or
( d ) aids, abets, commands, counsels, procures or connives
at the commission by another person subject to
military law of an offence against this article (whether
or not he knows the nature of the document in relation
to which that offence will be committed),
shall, on conviction by court-martial, be liable to imprisonment for
a term not exceeding two years or any less punishment provided by
this Act.
Offences against 
civilian population.
68. Any person subject to military law who, in any country or
territory outside Malta, commits any offence against the person or
property of any member of the civil population shall, on conviction
by court-martial, be liable to imprisonment for a term not
exceeding two years or any less punishment provided by this Act.
Scandalous 
conduct of officer.
69. Every officer subject to military law who behaves in a
scandalous manner, unbecoming the character of an officer and a
gentleman, shall, on conviction by court-martial, be cashiered.
Ill-treatment of 
officers or men of 
inferior rank.
 70. If -
( a ) any officer subject to military law strikes or otherwise
ill-treats any officer subject thereto of inferior rank or
less seniority or any man of the force subject to
military law; or
( b ) any warrant officer or non-commissioned officer
subject to military law strikes or otherwise ill-treats
any person subject to military law, being a warrant
officer or non-commissioned officer of inferior rank or
less seniority or any other man of the force, 
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
he shall, on conviction by court-martial, be liable to imprisonment
for a term not exceeding two years or any less punishment provided
by this Act.
Disgraceful 
conduct.
71. A person subject to military law who is guilty of
disgraceful conduct of a cruel, indecent or unnatural kind shall, on
conviction by court-martial, be liable to imprisonment for a period
not exceeding two years or any less punishment provided by this
Act.
False accusation, 
etc.
72. Any person subject to military law who -
( a ) makes an accusation against an officer or man of the
force subject to military law, which he knows to be
false or does not believe to be true; or
( b ) in making a complaint where he thinks himself
wronged, makes a statement affecting the character of
an officer or man of the force subject to military law,
which he knows to be false or does not believe to be
true, or wilfully suppresses any material facts,
shall, on conviction by court-martial, be liable to imprisonment for
a term not exceeding two years or any less punishment provided by
this Act.
Attempts to 
commit military 
offences.
Amended by:
X. 2000.3.
73. Any person subject to military law who attempts to commit
an offence against any of the foregoing provisions of this Part of
this Act shall, on conviction by court-martial, be liable to the like
punishment as for that offence.
Conduct to 
prejudice of 
military discipline.
74. Any person subject to military law who is guilty of any act,
conduct or neglect to the prejudice of good order and military
discipline shall, on conviction by court-martial, be liable to
imprisonment for a term not exceeding two years or any less
punishment provided by this Act.
Civil offences
Civil offences.
civil offence outside Malta shall be guilty of an offence against this
article.
(2) In this Act the expression "the corresponding civil offence"
means the civil offence the commission of which constitutes the
offence against this article.
(3) A person convicted by court-martial of an offence against
this article shall be liable to suffer any punishment or punishments
which a civil court could award for the corresponding civil offence,
if committed in Malta, being a punishment or punishments
provided by this Act, or such punishment, less than the maximum
which a civil court could so award, as is so provided:
  Provided that where a civil court could not so award
imprisonment, a person so convicted shall be liable to suffer such
punishment, less than cashiering in the case of an officer, or
detention in the case of a man of the force, as is so provided.
  36        CAP. 220. ]                MALTA ARMED FORCES   
PART IV
TRIAL AND PUNISHMENT OF MILITARY OFFENCES
Punishments 
Punishment of 
officers.
Amended by:
X. 2000.4.
76. (1) The punishments which may be awarded to an officer
by sentence of a court-martial under this Act are, subject to the
limitations hereinafter provided on the powers of certain courts-
martial, those set out in the following scale; and in relation to an
officer references in this Act to punishments provided by this Act
are references to those punishments.
(2) The said scale is: 
( a ) imprisonment for life;
( b ) imprisonment for a term not exceeding twenty-five
years;
( c ) cashiering;
( d ) dismissal from the service;
( e ) forfeiture in the prescribed manner of seniority of
rank; 
( f ) fine;
( g ) severe reprimand or reprimand;
( h ) where the offence has occasioned any expense, loss or
damage, stoppages.
(3) For the purposes of Part III and of this Part of this Act a
punishment specified in any paragraph of the said scale shall be
treated as less than the punishments specified in the preceding
paragraphs, and greater than those specified in the following
paragraphs, of the scale.
(4) Save as expressly provided in this Act, not more than one
punishment shall be awarded by a court-martial for one offence. 
(5) Stoppages may be awarded by a court-martial either in
addition to or without any other punishment.
(6) A severe reprimand or reprimand may be awarded by a
court-martial in addition to forfeiture of seniority of rank or fine. 
(7) Where an officer is sentenced by a court-martial to
imprisonment he shall also be sentenced to be cashiered:
  Provided that if the court-martial fails to sentence him to be
cashiered, the sentence of imprisonment shall not be invalid but
shall be deemed to include a sentence of cashiering.
Punishment of 
other ranks.
Amended by:
X. 2000.4.
77. (1) The punishments which may be awarded to a man of
the force by sentence of a court-martial under this Act are, subject
to the limitations hereinafter provided on the powers of certain
courts-martial, those set out in the following scale; and in relation
to a man of the force references in this Act to punishments provided
by this Act are references to those punishments.
(2) The said scale is: 
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
( a ) imprisonment for life;
( b ) imprisonment for a term not exceeding twenty-five
years;
( c ) dismissal with disgrace from the service; 
( d ) dismissal from the service;
( e ) detention for a term not exceeding two years;
( f ) where the offender is on active service on the day of
the sentence, field punishment for a period not
exceeding ninety days;
( g ) in the case of a warrant officer or non-commissioned
officer, reduction to the ranks or any less reduction in
rank;
( h ) in the case of a warrant officer or non-commissioned
officer, forfeiture in the prescribed manner of seniority
or rank;
( i ) where the offence is desertion, forfeiture of service; 
( j ) where the offender is on active service on the day of
the sentence, forfeiture of pay for a period beginning
with the day of the sentence and not exceeding ninety
days; 
( k ) fine;
( l ) in the case of a warrant officer or non-commissioned
officer, severe reprimand or reprimand;
( m ) where the offence has occasioned any expense, loss or
damage, stoppages.
(3) For the purpose of Part III and of this Part of this Act a
punishment specified in any paragraph of the said scale shall be
treated as less than the punishments specified in the preceding
paragraphs, and greater than those specified in the following
paragraphs, of the scale:
  Provided that detention shall not be deemed to be a less
punishment than imprisonment if the term of detention is longer
than the term of imprisonment.
(4) Save as expressly provided in this Act, not more than one
punishment shall be awarded by a court-martial for one offence.
(5) A man of the force sentenced by a court-martial to
imprisonment may in addition thereto be sentenced to dismissal
with disgrace from the service or to dismissal from the service.
(6) A man of the force sentenced by a court-martial to
dismissal from the service may in addition be sentenced to
detention.
(7) Where a warrant officer or non-commissioned officer is
sentenced by a court-martial to imprisonment, detention or field
punishment, he shall also be sentenced to be reduced to the ranks:
  Provided that if the court-martial fails to sentence him to be so
reduced, the sentence shall not be invalid but shall be deemed to
  38        CAP. 220. ]                MALTA ARMED FORCES   
include a sentence of reduction to the ranks.
(8) In the case of a warrant officer or non-commissioned
officer a severe reprimand or reprimand may be awarded by a
court-martial in addition to forfeiture of seniority of rank or fine.
(9) Where an offender is on active service when sentence of a
court-martial is announced, forfeiture of pay may be awarded in
addition to field punishment and, in a case where he is a warrant
officer or non-commissioned officer, severe reprimand or
reprimand may be awarded in addition to forfeiture of pay.
(10) Stoppages may be awarded by a court-martial either in
addition to or without any other punishment.
(11) Where an offender has been sentenced by a court-martial
under this Act to detention, then if he is subsequently sentenced by
a court-martial under this Act to imprisonment any part of the
sentence of detention which has not been served shall thereupon be
remitted by virtue of this subarticle.
(12) Without prejudice to the validity of any award, an offender
shall not be kept continuously in detention under this Act for more
than two years.
Field punishment.  78. (1) Field punishment shall consist of such duties or drills,
in addition to those which the offender might be required to
perform if he were not undergoing punishment, and such loss of
privileges, as may be provided by or under rules to be made by the
Minister or, in the absence of such rules, as may be directed by the
commanding officer or the officer appointed to supervise the
carrying out of field punishment, and may include confinement in
such place and manner as may be provided or directed as aforesaid
and such personal restraint as may be necessary to prevent the
escape of the offender and as may be so provided.
(2) Rules under this article may contain such incidental and
supplementary provisions as appear to the Minister to be requisite
for the purposes of the rules.
Fines. 79. (1) The amount of a fine that may be awarded by a court-
martial under this Act by way of punishment for an offence -
( a ) except in the case of an offence against article 75, shall
not exceed the amount of the offender’s pay for
twenty-eight days; and
( b ) in the said excepted case, where the civil offence
constituting the offence against that article is
punishable by a civil court in Malta by a fine, shall not
exceed the maximum of that fine.
(2) The amount of a fine that may be awarded by way of
punishment for an offence where, under this Act, a charge is dealt
with summarily -
( a ) except in the case of an offence against the said article
75, shall not exceed the amount of the offender’s pay
for fourteen days; and
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
( b ) in the said excepted case - 
(i) in any case, shall not exceed the amount
mentioned in the foregoing paragraph;
(ii) where the civil offence constituting the offence
against that article is punishable by a civil court
in Malta by a fine of a maximum amount less
than the amount so mentioned, shall not exceed
that maximum.
(3) For the purposes of this article a day’s pay shall, as regards
a person found guilty of an offence, be deemed to be the gross pay
that is, or would (apart from any forfeiture) be, issuable to that
person in respect of the day on which punishment is awarded in
respect of the offence.
(4) Nothing in the foregoing provisions of this article shall be
taken as affecting the amount of the fine that may be awarded by
virtue of article 179(3)( a ) or ( b ) to a person to whom Part III and
this Part apply by virtue of that article.
Arrest
Power to arrest 
offenders.
 80. (1) Any person subject to military law found committing
an offence against any provisions of this Act, or alleged to have
committed or reasonably suspected of having committed any such
offence, may be arrested in accordance with the following
provisions of this article.
(2) An officer may be arrested by an officer of the regular force
of superior rank, or, if engaged in a quarrel or a disorder, by such
an officer of any rank.
(3) A man of the force may be arrested by any officer, warrant
officer or non-commissioned officer of the regular force:
  Provided that a person shall not be arrested by virtue of this
subarticle except by a person of superior rank.
(4) A provost officer, or any officer, warrant officer, non-
commissioned officer or other military personnel legally exercising
authority under a provost officer or on his behalf, may arrest any
officer or man of the force:
  Provided that an officer shall not be arrested by virtue of this
subarticle except on the order of another officer.
(5) The power of arrest given to any person by this article may
(subject to the provisions of regulations or orders made under
article 4) be exercised either personally or by ordering into arrest
the person to be arrested or by giving orders for that person’s arrest.
Provision for 
avoiding delay 
after arrest.|
Amended by:
LVIII. 1974.68.
81. (1) The allegations against any person subject to military
law who is under arrest shall be duly investigated without
unnecessary delay, and as soon as may be either proceedings shall
be taken for punishing his offence or he shall be released from
arrest.
(2) Wherever any person subject to military law, having been
taken into military custody, remains under arrest for a longer period
  40        CAP. 220. ]                MALTA ARMED FORCES   
than eight days without a court-martial for his trial being
assembled, a special report on the necessity for further delay shall
be made in the prescribed manner by his commanding officer to the
officer who would be responsible for convening the court-martial
for the trial of the person under arrest and to the Attorney General,
and a similar report shall be made to the like authorities and in the
like manner every eight days until a court-martial is assembled or
the offence is dealt with summarily or he is released from arrest:
  Provided that in the case of a person on active service
compliance with this subarticle shall be excused in so far as it is not
reasonably practicable having regard to the exigencies of military
operations.
(3) For the purposes of article 60(1), the question whether there
has been unnecessary delay in the taking of any steps for the
investigation of allegations against a person under arrest shall be
determined without regard to the provisions of the last foregoing
subarticle.
Investigation of, and summary dealing with, charges
Investigation of 
charges by 
commanding 
officer.
82. Before an allegation against a person subject to military
law (hereinafter referred to as "the accused") that he had committed
an offence against any provision of Part III of this Act is further
proceeded with, the allegation shall be reported, in the form of a
charge, to the accused’s commanding officer and the commanding
officer shall investigate the charge in the prescribed manner.
Charges to be dealt 
with summarily or 
by court-martial.
83. (1) After investigation, a charge against an officer below
the rank of lieutenant-colonel or against a warrant officer may, if an
authority has power under the following provisions of this Part of
this Act to deal with it summarily, be so dealt with by that authority
(in this Act referred to as "the appropriate superior authority") in
accordance with those provisions.
(2) After investigation, a charge against a man of the force
other than a warrant officer may be dealt with summarily by his
commanding officer, subject to and in accordance with the
following provisions of this Part of this Act.
(3) Any charge not dealt with summarily as aforesaid shall
after investigation be remanded for trial by court-martial.
(4) Notwithstanding anything in the foregoing provisions of
this article, where - 
( a ) the commanding officer has investigated a charge
against an officer or warrant officer, or
( b ) the commanding officer has investigated a charge
against a man of the force other than a warrant officer
which is not a charge which can be dealt with
summarily,
the commanding officer may dismiss the charge if he is of opinion
that it ought not to be further proceeded with.
(5) References in this Act to dealing summarily with a charge
are references to the taking by the appropriate superior authority or
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
the commanding officer of the accused, as the case may require, of
the following action, that is to say, determining whether the
accused is guilty, dismissing the charge or recording a finding of
guilty accordingly, and awarding punishment.
Further 
proceedings on 
charges against 
N.C.Os. and 
soldiers. 
Amended by:
XIII. 1975.2.
84. (1) The following provisions of this article shall have
effect where the commanding officer has investigated a charge
against a non-commissioned officer or soldier.
(2) If -
( a ) the charge is not one which can be dealt with
summarily and the commanding officer has not
dismissed it; or
( b ) the charge is one which can be dealt with summarily
but the commanding officer is of opinion that it should
not be so dealt with,
he shall take the prescribed steps with a view to the charge being
tried by court-martial.
(3) Otherwise the commanding officer shall proceed to deal
with the charge summarily; and if he records a finding of guilty he
may award one or more of the following punishments, that is to
say:
( a ) if the accused is a soldier, detention for a period not
exceeding twenty-eight days or, if the accused is on
active service, field punishment for a period not
exceeding twenty-eight days;
( b ) if the accused is a soldier who is on active service on
the day of the sentence, forfeiture of pay for a period
beginning with the day of the sentence and not
exceeding twenty-eight days;
( c ) fine;
( d ) if the accused is a non-commissioned officer, severe
reprimand or reprimand;
( e ) where the offence has occasioned any expense, loss or
damage, stoppages;
( f ) any of the following minor punishments, that is to say: 
(i) admonition;
(ii) extra guards not exceeding three in number; 
(iii) confinement to barracks outside normal working
hours up to a maximum of five hours in any one
day for a period not exceeding fourteen days; or
(iv) such other minor punishment for the time being
prescribed:
  Provided that no forfeiture of pay, fine or minor punishment
shall be awarded for an offence for which detention is awarded, and
that no fine shall be awarded for an offence for which field
punishment or forfeiture of pay is awarded.
(4) Where the accused is a lance-corporal or lance-bombardier,
  42        CAP. 220. ]                MALTA ARMED FORCES   
and the commanding officer finds him guilty, the commanding
officer may, if he awards no other punishment or no other
punishment except stoppages, order the accused to be reduced to
the ranks.
(5) Where an accused is an acting warrant officer or non-
commissioned officer, and the commanding officer finds him
guilty, the commanding officer may, if he awards no other
punishment or no other punishment except stoppages, order the
accused to revert to his permanent rank or to assume an acting rank
lower than that held by him but higher than his permanent rank or,
where his permanent rank is that of lance-corporal or lance-
bombardier, to forfeit his acting rank and be reduced to the ranks.
(6) Notwithstanding anything in subarticle (3), where the
commanding officer has determined that the accused is guilty and if
the charge is dealt with summarily will award a punishment other
than fine or stoppages not exceeding seven days’ pay, severe
reprimand, reprimand or a minor punishment, or where a finding of
guilty (whatever the punishment awarded) will involve a forfeiture
of pay exceeding seven days, the commanding officer shall not
record a finding until after affording the accused an opportunity of
electing to be tried by court-martial; and if the accused so elects
and does not subsequently withdraw his election, the commanding
officer shall not record a finding but shall take the prescribed steps
with a view to the charge being tried by court-martial.
(7) Where the charge is one which can be dealt with summarily,
but the commanding officer has taken steps with a view to its being
tried by court-martial, any higher authority to whom the charge is
referred may refer the charge back to the commanding officer to be
dealt with summarily; and on any such reference the four last
foregoing subarticles shall apply as if the commanding officer had
originally been of opinion that the charge should be dealt with
summarily:
  Provided that a charge shall not be referred back where the
accused has elected to be tried by court-martial and has not
withdrawn his election.
Further 
proceedings on 
charges against 
officer and warrant 
officers. 
Amended by: 
XIII. 1975.3.
85. (1) After investigating a charge against an officer or
warrant officer, the commanding officer shall, unless he has
dismissed the charge, or the case is one where he has power, and
proposes, to direct trial by field general court-martial submit it in
the prescribed manner to higher authority; and thereupon it shall be
determined by such authority how the charge is to be proceeded
with in accordance with the two next following subarticles.
(2) If the charge is one which can be dealt with summarily, it
may be referred to the appropriate superior authority.
(3) If the charge is not so referred, the prescribed steps shall be
taken with a view to its being tried by court-martial.
(4) Where the charge is referred to the appropriate superior
authority, that authority shall investigate the charge in the
prescribed manner and determine whether the accused is guilty of
the charge and accordingly dismiss the charge or record a finding
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
of guilty:
  Provided that if in the course of investigating the charge the
authority determines that it is desirable that the charge should be
tried by court-martial, the prescribed steps shall be taken with a
view to its being so tried.
(5) If the appropriate superior authority records a finding of
guilty, the authority may award one or more of the following
punishments, that is to say:
( a ) forfeiture in the prescribed manner of seniority of
rank; 
( b ) fine;
( c ) severe reprimand or reprimand;
( d ) where the offence has occasioned any expense, loss or
damages, stoppages,
except that he may not award both forfeiture of seniority of rank
and fine.
(6) Notwithstanding anything in subarticle (4), where the
appropriate superior authority has determined that the accused is
guilty and if the charge is dealt with summarily will award
forfeiture of seniority, fine or stoppages exceeding seven days’ pay,
or where a finding of guilty will involve a forfeiture of pay
exceeding seven days, the authority shall not record a finding until
after affording the accused an opportunity of electing to be tried by
court-martial; and if the accused so elects the authority shall not
record a finding but shall take the prescribed steps with a view to
the charge being tried by court-martial.
Dismissal of 
charges referred to 
higher authority.
86. (1) Notwithstanding anything in the two last foregoing
articles, where a charge -
( a ) has been referred to higher authority with a view to its
being tried by court-martial; or
( b ) has been submitted to higher authority for
determination how it is to be proceeded with, 
that authority may, subject to the provisions of this article, refer the
charge back to the commanding officer of the accused with a
direction that it shall be dismissed, and in any such case the
commanding officer shall dismiss the charge.
(2) The reference back of a charge in pursuance of this article
shall be without prejudice to the preferring of another charge if the
higher authority has so directed or the commanding officer thinks
fit.
Confession of 
desertion by man 
of the force.
87. (1) Where in such manner as may be prescribed or as the
Commander may approve a man of the regular force signs a written
confession that he has been guilty of desertion, his commanding
officer may, notwithstanding anything in the foregoing provisions
of this Part of this Act, submit the confession for the consideration
of the Commander or such officer not below the rank of colonel as
may be prescribed.
  44        CAP. 220. ]                MALTA ARMED FORCES   
(2) After considering any such confession the Commander or
such officer as aforesaid may direct that the offence shall not be
tried by court-martial or dealt with summarily by the appropriate
superior authority or commanding officer, and if such a direction is
given the period of his service as respects which he confesses to
have been a deserter shall be forfeited.
(3) A direction under the last foregoing subarticle may further
provide that the whole or any part of the offender’s service
previous to that as respects which he confesses as aforesaid shall
also be forfeited.
(4) Article 16(2) to (5) shall apply in relation to the forfeiture
of service by virtue of this article subject to the following
modifications:
( a ) for references to an award of forfeiture of service by
the court-martial there shall be substituted references
to the direction;
( b ) for references to the date on which the offender was
convicted there shall be substituted references to the
date on which the direction was given.
Officers who are to 
act as commanding 
officers and 
appropriate 
superior 
authorities.
88. (1) In this Act the expression "commanding officer", in
relation to a person charged with an offence, means such officer
having powers of command over that person as may be prescribed.
(2) The following persons may act as appropriate superior
authority in relation to a person charged with an offence, that is to
say:
( a ) the Commander;
( b ) in the absence of the Commander, the deputy
Commander;
( c ) such other officer as may be prescribed.
(3) Power conferred by this Act to prescribe in respect of
matters referred to in this article shall include power to confer on
officers, or any class of officers, authorised to exercise the
functions of commanding officer power to delegate those functions,
in such cases and to such extent as may be prescribed, to officers of
a class as may be prescribed.
Limitation of 
powers of 
summary dealing 
with charges.
89. (1) The charges which may be dealt with summarily by a
commanding officer, and the charges which may be dealt with
summarily by an appropriate superior authority, shall be such as
may be prescribed.
(2) In such cases as may be prescribed, the powers of a
commanding officer or appropriate superior authority to award
punishment shall be subject to such limitations as may be
prescribed.
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
Courts-martial: General provisions
Trial to be by 
general or district 
court-martial, or in 
certain cases by 
field general court-
martial.
90. (1) Subject to the provisions of this article, a charge which
is to be tried by court-martial shall be tried either by general court-
martial or by district court-martial.
(2) Where the officer commanding a body of the force on
active service -
( a ) being an officer to whom under article 85(1) a charge
has been submitted for determination how it is to be
dealt with; or
( b ) being the accused’s commanding officer who has
investigated a charge which cannot be dealt with
summarily or which in his opinion ought not to be so
dealt with; or
( c ) being the accused’s commanding officer or the
appropriate superior authority who has investigated a
charge on which the accused has elected to be tried by
court-martial,
is of opinion that it is not possible without serious detriment to the
public service that the charge should be tried by a general or a
district court-martial, the officer may (whether or not he is
authorised to convene general courts-martial) direct that the charge
shall be tried by a field general court-martial.
Powers of different 
descriptions of 
court-martial.
Amended by:
X. 2000.6.
91. (1) A general court-martial shall have power to try any
person subject to military law for any offence which under this Act
is triable by court-martial, and to award for any such offence any
punishment authorised by this Act for that offence.
(2) A district court-martial shall have the powers of a general
court-martial except that it shall not try an officer or sentence a
warrant officer to imprisonment, dismissal with disgrace, dismissal
or detention, and shall not award the punishment of imprisonment
for a term exceeding two years.
(3) A field general court-martial shall have the powers of a
general court-martial, except that where the court consists of less
than three officers the sentence shall not exceed imprisonment for a
term of two years.
Officers having 
power to convene 
courts-martial.
Amended by:
LVIII. 1974.68.
92. (1) A general court-martial may be convened by any
officer authorised by the President of Malta by warrant under his
hand to convene general courts-martial or that court-martial, or by
any officer under the command of an officer authorised as aforesaid
to whom the last-mentioned officer has, in the exercise of a power
conferred by the warrant issued to him, delegated his power to
convene general courts-martial.
(2) A district court-martial may be convened by an officer
authorised to convene general courts-martial or by any person
under the command of such an officer whom that officer has
authorised to convene district courts-martial.
(3) A field general court-martial may be convened by the
officer who directed that the charge should be tried by field general
  46        CAP. 220. ]                MALTA ARMED FORCES   
court-martial.
(4) Any warrant under this article, or any authorisation under
this article to convene courts-martial -
( a ) may be made subject to restrictions, reservations,
exceptions or conditions;
( b ) may be addressed to officers by name or by
designation of their offices, and may be issued or
given to a named or designated officer, to a named or
designated officer and to the person for the time being
performing the duties of his office, to a named or
designated officer and his successors in that office or
to a named or designated officer and such person and
successors;
( c ) may be varied or may be revoked, either wholly or in
part, by a subsequent warrant of the President of Malta
or, as the case may be, by the officer by whom it was
given or his successor in office.
Constitution of 
general courts-
martial.
93. (1) A general court-martial shall consist of the president
and not less than four other officers.
(2) An officer shall not be appointed a member of a general
court-martial unless he belongs to the force, is subject to military
law and has held a commission in the force or in any of the forces
of a Commonwealth country for a period of not less than three
years or for periods amounting in the aggregate to not less than
three years.
(3) Not less than four of the members of a general court-martial
shall be of a rank not below that of captain.
(4) The president of a general court-martial shall be appointed
by order of the convening officer and shall not be under the rank of
field officer wherever it is practicable to appoint such an officer or
unless in the opinion of the convening officer a field officer having
suitable qualifications is not, with due regard to the public service,
available; and in any event the president of a general court-martial
shall not be under the rank of captain.
(5) The members of a general court-martial, other than the
president, shall be appointed by order of the convening officer or in
such other manner as may be prescribed.
(6) An officer under the rank of captain shall not be a member
of a general court-martial for the trial of an officer above that rank. 
Constitution of 
district courts-
martial.
 94. (1) A district court-martial shall consist of the president
and not less than two other officers.
(2) An officer shall not be appointed to be a member of a
district court-martial unless he belongs to the force, is subject to
military law and has held a commission in the force or in any of the
forces of a Commonwealth country for a period of not less than two
years or for periods amounting in the aggregate to not less than two
years.
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
(3) The president of a district court-martial shall be appointed
by order of the convening officer and shall not be under the rank of
field officer wherever it is practicable to appoint such an officer or
unless in the opinion of the convening officer a field officer having
suitable qualifications is not, with due regard to the public service,
available; and in any event the president of a district court-martial
shall not be under the rank of captain.
(4) The members of a district court-martial, other than the
president, shall be appointed by order of the convening officer or in
such other manner as may be prescribed.
Constitution of 
field general 
courts-martial.
95. (1) A field general court-martial shall consist of the
president and not less than two other officers, or, if the convening
officer is of opinion that three officers having suitable
qualifications are not available without serious detriment to the
public service, shall consist of the president and one other officer.
(2) The members of a field general court-martial shall be
persons belonging to the force and subject to military law.
(3) The president of a field general court-martial shall be an
officer appointed by the convening officer and shall not be under
the rank of captain.
(4) The members of a field general court-martial, other than the
president, shall be appointed by order of the convening officer or in
such other manner as may be prescribed.
Supplementary 
provisions as to 
constitution of 
courts-martial.
96. (1) The officer who convened a court-martial shall not be
a member of that court-martial:
  Provided that if in the case of a field general court-martial it is
not practicable in the opinion of the convening officer to appoint
another officer as president, he may himself be president of the
court-martial.
(2) An officer who at any time between the date on which the
accused was charged with the offence and the date of the trial has
been the commanding officer of the accused, and any other officer
who has investigated the charge against the accused, or who under
this Act has held, or has acted as one of the persons holding, an
inquiry into matters relating to the subject matter of the charge
against the accused, shall not sit as a member of a general or
district court-martial or act as judge advocate at such a court-
martial. 
(3) Where - 
( a ) the officer convening a general or district court-martial
appoints a captain to be president, either because it is
not practicable to appoint a field officer or because he
is of opinion that a field officer having suitable
qualifications is not, with due regard to the public
service, available; or
( b ) an officer directs that an offender shall be tried by a
field general court-martial, being of opinion that it is
not possible without serious detriment to the public
  48        CAP. 220. ]                MALTA ARMED FORCES   
service that the offender should be tried by a general or
district court-martial, or the officer convening a field
general court-martial appoints two officers only to be
members of the court, being of opinion that three
officers having suitable qualifications are not, without
serious detriment to the public service, available, or
appoints himself to be president, being of opinion that
it is not practicable to appoint another officer as
president,
the order convening the court-martial shall contain a statement of
the said reason or opinion, and that statement shall be conclusive. 
Place for sitting of 
courts martial.
97. (1) Subject to the provisions of this article, a court-martial
shall sit at such place (whether within or outside Malta) as may be
specified in the order convening the court; and the convening
officer may convene it to sit at a place outside the limits of his
command.
(2) A court-martial sitting at any place shall if the convening
officer directs it to sit at some other place, and may without any
such direction if it appears to the court requisite in the interest of
justice to sit at some other place, adjourn for the purpose of sitting
at that other place.
Courts-martial: Provisions relating to trial
Challenges by 
accused.
98. (1) An accused about to be tried by any court-martial shall
be entitled to object, on any reasonable grounds, to any member of
the court, whether appointed originally or in lieu of another officer.
(2) For the purpose of enabling the accused to avail himself of
the right conferred by the last foregoing subarticle, the names of
the members of the court shall be read over in the presence of the
accused before they are sworn, and he shall be asked whether he
objects to any of those officers.
(3) Every objection made by an accused to any officer shall be
considered by the other officers appointed members of the court. 
(4) If objection is made to the president and not less than one-
third of the other members of the court allow it, the court shall
adjourn and the convening officer shall appoint another president. 
(5) If objection is made to a member of the court other than the
president and not less than one-half of the members entitled to vote
allow it, the member objected to shall retire and the vacancy may,
and if otherwise the number of members would be reduced below
the legal minimum shall, be filled in the prescribed manner by
another officer.
Administration of 
oaths.
99. (1) An oath shall be administered to every member of a
court-martial and to every person in attendance on a court-martial
as judge advocate, officer under instruction, shorthand writer or
interpreter.
(2) Every witness before a court-martial shall be examined on
oath:
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
  Provided that where any child of tender years called as a
witness does not in the opinion of the court understand the nature
of an oath, his evidence may be received, though not given upon
oath, if in the opinion of the court he is possessed of sufficient
intelligence to justify the reception of the evidence and understands
the duty of speaking the truth, so however that when the evidence is
given on behalf of the prosecution the accused shall not be liable to
be convicted unless it is corroborated by some other material
evidence in support thereof implicating the accused.
(3) An oath required to be administered under this article shall
be in the prescribed form and shall be administered at the
prescribed time by the prescribed person and in the prescribed
manner.
Courts-martial to 
sit in open court.
100. (1) Subject to the provisions of this article, a court-
martial shall sit in open court and in the presence of the accused. 
(2) Nothing in the last foregoing subarticle shall affect the
power of a court-martial to sit  in camera  on the ground that it is
necessary or expedient in the interest of the administration of
justice to do so; and without prejudice to that power a court-martial
may order that, subject to any exceptions the court may specify, the
public shall be excluded from all or any part of the proceedings of
the court if it appears to the court that any evidence to be given or
statement to be made in the course of the proceedings or that part,
as the case may be, might otherwise lead to the disclosure of any
information which would or might be directly or indirectly useful
to an enemy.
(3) A court-martial shall sit in closed court while deliberating
on their finding or sentence on any charge.
(4) A court-martial may sit in closed court on any other
deliberation amongst the members.
(5) Where a court-martial sits in closed court no person shall be
present except the members of the court and such other persons as
may be prescribed.
Dissolution of 
courts-martial.
101. (1) Where, whether before or after the commencement of
the trial, it appears to the convening officer necessary or expedient
in the interests of the administration of justice that a court-martial
should be dissolved, the convening officer may by order dissolve
the court-martial.
(2) Without prejudice to the generality of the last foregoing
subarticle, if after the commencement of the trial a court-martial is,
by reason of the death of one of the members or for any other
reason, reduced below the legal minimum, it shall be dissolved.
(3) If after the commencement of the trial the president dies or
is otherwise unable to attend and the court is not reduced below the
legal minimum, then -
( a ) if the senior member of the court is of the rank of
captain or is of higher rank, the convening officer may
appoint him president and the trial shall proceed
  50        CAP. 220. ]                MALTA ARMED FORCES   
accordingly; but
( b ) if he is not, the court shall be dissolved.
(4) Without prejudice to the generality of subarticle (1), if after
the commencement of the trial it is represented to the convening
officer that owing to the sickness or other incapacity of the accused
it is impracticable having regard to all the circumstances to
continue the trial within a reasonable time, the convening officer
may dissolve the court.
(5) Where a court-martial is dissolved under the foregoing
provisions of this article the accused may be tried by another court. 
Decisions of 
courts-martial.
Amended by:
X. 2000.7.
102. (1) Subject to the provisions of this article, every
question to be determined on a trial by court-martial shall be
determined by a majority of the votes of the members of the court. 
(2) In the case of an equality of votes on the finding the court
shall acquit the accused.
(3) A finding of guilty where the only punishment which the
court can award is imprisonment for life shall not have effect
unless it is reached with the concurrence of all the members of the
court; and where on such a finding being come to by a majority of
the members there is no such concurrence, the court shall be
dissolved and the accused may be tried by another court.
(4) Where an accused is found guilty and the court has power
to sentence him either to imprisonment for life or to some less
punishment, sentence of imprisonment for life shall not be passed
without the concurrence of all the members of the court.
(5) In the case of an equality of votes on the sentence, or on
any question arising after the commencement of a trial, except the
finding, the president shall have a second or casting vote.
Finding and 
sentence.
103. (1) Without prejudice to the provisions of article 100, the
finding of a court-martial on each charge shall be announced in
open court.
(2) A finding of guilty shall be, and be announced as being,
subject to confirmation.
(3) Any sentence of a court-martial, together with any
recommendation to mercy, shall be announced in open court, and a
sentence of a court-martial shall be, and be announced as being,
subject to confirmation.
Power to convict of 
offence other than 
that charged.
104. (1) An accused charged before a court-martial with an
offence under this Act may, on failure of proof of the offence
having been committed under circumstances involving a higher
degree of punishment, be found guilty of the offence as having
been committed under circumstances involving a less degree of
punishment.
(2) An accused charged before a court-martial with any offence
under this Act may be found guilty of attempting to commit that
offence or the corresponding civil offence; and if an accused is
charged with attempting to commit an offence under this Act he
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
may be convicted on that charge notwithstanding that it is proved
that he actually committed the offence or the corresponding civil
offence.
(3) Where in relation to an offence under this Act it is
prescribed that an accused charged before a court-martial with such
offence may be found guilty of another offence which is prescribed
in relation thereto, an accused charged as aforesaid may be found
guilty of another offence prescribed as aforesaid in relation to an
offence with which he is charged.
Rules of evidence.
proceedings before courts-martial shall, saving any provision of
this Act and of any rules made thereunder, be the same as those
observed in civil courts in Malta, and no person shall be required in
proceedings before a court-martial to answer any question or to
produce any document which he could not be required to answer or
produce in similar proceedings before a civil court in Malta.
Cap. 9.
(2) For the purposes of this article an investigation carried out
under this Act in respect of a charge shall be treated as an inquiry
into a criminal offence held in accordance with the Criminal Code.
(3) A court-martial shall take judicial notice of all matters of
notoriety, including all 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 Malta.
Offences by 
civilians in relation 
to courts-martial. 
Amended by:
VIII. 1990.3.
106. Where in Malta any person not subject to military law -
( a ) having been duly summoned to attend as a witness
before a court-martial, fails to comply with the
summons; or
( b ) refuses to swear on oath when duly required by a
court-martial to do so; or
( c ) refuses to produce any document in his custody or
under his control which a court-martial has lawfully
required him to produce; or
( d ) when a witness, refuses to answer any question which
a court-martial has lawfully required him to answer; or 
( e ) wilfully insults any person, being a member of a court-
martial or a witness or any other person whose duty it
is to attend on or before the court, while that person is
acting as a member thereof or is so attending, or
wilfully insults any such person as aforesaid while that
person is going to or returning from the proceedings of
the court; or
( f ) wilfully interrupts the proceedings of a court-martial
or otherwise misbehaves before the court; or
( g ) does anything which would, if the court-martial had
been a court having power to commit for contempt,
have been contempt of that court,
the president of the court-martial may certify the offence of that
  52        CAP. 220. ]                MALTA ARMED FORCES   
person under his hand to the Court of Magistrates, and that court
shall thereupon cause a charge to be issued against the person
named in the certificate and deal with such person in respect of the
alleged offence in like manner as if the offence were that of
contempt of the said court.
Offences: Procedure
Rules of 
Procedure.
107. (1) Subject to the provisions of this article, the Minister
may make rules (hereinafter referred to as Rules of Procedure) with
respect to the procedure to be observed in, and any other matter
relating to, the investigation and trial of, and awarding of
punishment for, offences cognizable by courts-martial,
commanding officers and appropriate superior authorities and the
confirmation and revision of, and the appeals from, finding and
sentences of courts-martial, as well as with respect to any matter
which by Part III or by this Part of this Act is required or authorised
to be prescribed:
  Provided that where the rules provide for the power to amend
charges the rules shall secure that the accused shall not be thereby
prejudiced in his defence and the power aforesaid shall not be
exercisable by a court-martial (otherwise than for the purpose only
of correcting a mistake in the name or description of the accused or
a clerical error or omission) unless there is a judge advocate present
at the trial.
(2) Rules of Procedure may further make provision as to the
exercise by a judge advocate of his functions at a trial by court-
martial and, without prejudice to the generality of the foregoing
provisions of this subarticle, may make provision -
( a ) as to the effect of advice or rulings given to the court
by a judge advocate on questions of law (which
expression in this subarticle includes questions as to
the joinder of charges and as to the trial of persons
jointly or separately);
( b ) for requiring or authorising the president of a court-
martial, in such cases as may be specified in the rules,
to direct that questions of law shall be determined by a
judge advocate in the absence of the president and
other members of the court and any officers under
instruction, and for applying to the judge advocate and
his proceedings on any such determination such of the
provisions of this Act relating to the court or its
members and the proceedings thereof as may be
specified in the rules.
(3) Rules of Procedure may determine the cases in which and
the extent to which courts-martial may, in sentencing the accused
for any offence for which he is convicted, at the request of the
accused take into consideration other offences against this Act
committed by him, and empower the court, in such cases, to direct
the making of such deductions from the offender’s pay as the court
would have had the power to direct if he had been found guilty of
the offence or offences taken into consideration as well as of the
offence of which he was in fact found guilty.
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
(4) The provisions of article 4(4) and (5) shall apply to rules
made under this article as they apply to regulations or orders made
under that article with the substitution of references to Rules of
Procedure for references to regulations or orders made under the
said article.
Confirmation, revision and review of proceedings of courts-martial 
Confirmation of 
proceedings of 
courts-martial.
108. (1) Where a court-martial finds the accused guilty on any
charge, the record of the proceedings of the court-martial shall be
transmitted to a confirming officer for confirmation of the finding
and sentence of the court on that charge.
(2) A finding of guilty or sentence of a court-martial shall not
be treated as a finding or sentence of the court until confirmed: 
  Provided that this subarticle shall not affect the keeping of the
accused in custody pending confirmation or the operation of the
two next following articles or the provisions of this Act as to
confirmation or approval.
Petitions against 
finding or 
sentence.
109.   At any time after a court-martial has sentenced the
accused, or has found the accused to be unfit to stand his trial or to
be not guilty by reason of insanity, but not later than the prescribed
time after confirmation is completed, the accused may in the
prescribed manner present a petition against finding or sentence or
both.
Revision of 
findings of courts-
martial.
110. (1) A confirming officer may direct that a court-martial
shall revise any finding of guilty come to by the court in any case
where it appears to him - 
( a ) that the finding was against the weight of the evidence;
or
( b ) that some question of law determined at the trial and
relevant to the finding was wrongly determined.
(2) Any such direction shall be accompanied by the necessary
directions for the re-assembly of the court, and shall contain a
statement of the reasons for the direction.
(3) On any revision of a finding the court shall reconsider the
finding, and (unless the court adheres thereto) may substitute
therefor either a finding of not guilty or any other finding to which
the court could originally have come at the trial in lieu of the
finding under revision.
(4) On any such revision the court shall not have power to
receive further evidence.
(5) Where on any such revision the court either adheres to the
original finding or substitutes therefor a finding of guilty of another
offence, or of the same offence in different circumstances, the court
may substitute a different sentence for the original sentence:
  Provided that the court shall not have power to substitute a
sentence of a punishment greater than the punishment or greatest of
the punishments awarded by the original sentence, or to substitute a
sentence which in the opinion of the court is more severe than the
  54        CAP. 220. ]                MALTA ARMED FORCES   
original sentence.
(6) The confirming officer shall not have power to direct the
revision of any substituted finding come to by the court on a
previous direction of the confirming officer, or the revision of the
original finding if adhered to by the court on such a previous
direction; but save as aforesaid this Act shall apply to the
proceedings of the court on any such revision as it applies to their
deliberations on the original finding or sentence, and any
substituted finding or sentence shall be treated for all purposes as
an original finding or sentence of the court:
  Provided that the decision of the court on the revision shall not
be required to be announced in open court.
Powers of 
confirming 
officers.
111. (1) Subject to the provisions of the last foregoing article
and to the following provisions of this article, a confirming officer
shall deal with the finding or sentence of a court-martial either by
withholding confirmation, if of opinion that the finding of the court
is under all the circumstances of the case unsafe or unsatisfactory
or involves a wrong decision on a question of law or that there was
material irregularity in the course of the trial, or by confirming the
finding or sentence or referring the finding or sentence, or both, for
confirmation to a higher confirming authority:
  Provided that the confirming officer may, notwithstanding that
he is of opinion that he would apart from this proviso withhold
confirmation of the finding, confirm the finding if he considers that
no miscarriage of justice has actually occurred.
(2) In lieu of withholding confirmation of the finding of a
court-martial, a confirming officer may, if -
( a ) some other finding of guilty could have been validly
made by the court-martial on the charge before it, and 
( b ) he is of opinion that the court-martial must have been
satisfied of the facts necessary to justify that other
finding,
substitute that other finding, and if he does so he shall consider in
what manner, if at all, the powers conferred by subarticle (4) should
be exercised, or a confirming officer may, if he is of opinion that
the case is not one where there should have been a finding of not
guilty, but that there should have been a finding that the accused
was unfit to stand his trial, substitute a finding that the accused was
unfit to stand his trial.
(3) Where it appears to a confirming officer that a sentence of a
court-martial is invalid, he may in lieu of withholding confirmation
of the sentence substitute therefor a sentence of any punishment or
punishments which could have been awarded by the court, not
being greater than the punishment or greatest of the punishments
awarded by the court and not in his opinion more severe than that
punishment or those punishments.
(4) In confirming the sentence of a court-martial, a confirming
officer may -
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
( a ) remit in whole or in part any punishment awarded by
the court; or
( b ) commute any such punishment for one or more
punishments provided by this Act, being less than the
punishment commuted.
(5) In confirming any sentence, a confirming officer may
postpone the carrying out of the sentence for such time as seems
expedient, and a confirming officer may extend or terminate any
postponement ordered under this subarticle.
(6) A finding or sentence substituted by the confirming officer,
or any sentence having effect after the confirming officer has
remitted or commuted punishment, shall be treated for all purposes
as a finding or sentence of the court duly confirmed.
(7) The confirmation of a finding or sentence shall not be
deemed to be completed until the finding or sentence has been
promulgated; and in the event of any such substitution, remission
or commutation as aforesaid the finding or sentence shall be
promulgated as it has effect after the substitution, remission or
commutation.
(8) Where the confirming officer determines to withhold
confirmation, the determination shall be promulgated and shall
have effect as from the promulgation thereof.
Confirming 
officers.
112. (1) Subject to the provisions of this article, the following
shall have power to confirm the finding and sentence of any court-
martial, that is to say:
( a ) the officer who convened the court-martial or any
officer superior in command to that officer;
( b ) the successor of any such officer or superior officer, or
any person for the time being exercising the functions
of any such officer or superior officer;
( c ) failing any such officer as aforesaid, any person
appointed by the Minister to act as confirming officer,
whether for a particular case or for a specified class of
cases.
(2) The following shall not have power to confirm the finding
or sentence of a court-martial, that is to say:
( a ) any officer who was a member of the court-martial; or
( b ) any person who as commanding officer of the accused
investigated the allegations against him or who is for
the time being the commanding officer of the accused;
or
( c ) any person who as appropriate superior authority
investigated the allegations against the accused:
   Provided that a person excluded by the foregoing provisions of
this subarticle may act as confirming officer for a field general
court-martial, if otherwise having power to do so, where he is of
opinion that it is not practicable, having due regard to the public
  56        CAP. 220. ]                MALTA ARMED FORCES   
service, to delay the case for the purpose of referring it to another
confirming officer.
(3) A warrant or authorisation empowering the convening of a
general or district court-martial may reserve for confirmation by
superior authority findings or sentences or both in such
circumstances as may be specified by or under the warrant or
authorisation, and the powers conferred by subarticle (1) shall be
exercisable subject to any such reservation.
Recommendation 
by court-martial on 
passing of sentence 
of imprisonment 
for life.
Amended by:
LVIII. 1974.68.
Substituted by:
X. 2000.8.
113.   After sentencing any person to imprisonment for life, the
court-martial may recommend in writing to the Minister within
twenty-four hours the minimum period which in its view wshoulds
lapse before the prisoner is released from prison. Such
recommendation shall be made available to the person sentenced,
and a copy thereof shall be kept by the Commander.
Review of findings 
and sentences of 
courts-martial. 
Amended by:
LVIII. 1974.68;
L.N. 148 of 1975.
114. (1) A finding or sentence which has been confirmed may
at any time be reviewed by a reviewing authority, and if after
confirmation of a finding or sentence a petition is duly presented
under article 109 against the finding or sentence then, subject to the
provisions of this article, the finding or sentence shall be so
reviewed as soon as may be after the presentation of the petition
and after consideration of the matters alleged therein.
(2) The reviewing authorities for the purposes of this Act are
the following:
( a ) the President of Malta;
( b ) a judge designated for the purpose by the President of
Malta.
(3) If an appeal is lodged to the Court of Criminal Appeal, so
much of subarticle (1) as requires the review of a finding or
sentence against which the appeal has been made shall thereupon
cease to apply to the finding to which the appeal relates and the
sentence passed in consequence of that finding.
(4) On a review under this  the reviewing authority may- 
( a ) in so far as the review is of a finding, quash the finding
and, if the sentence relates only to the finding quashed,
the sentence;
( b ) in so far as the review is of a sentence, quash the
sentence;
( c ) in any case exercise the like powers of substituting
findings, substituting valid for invalid sentences, and
remitting or commuting punishment as are conferred
on a confirming officer by article 111(2) to (4),
and any substituted finding or sentence, or sentence having effect
after the remission or commutation of punishment, shall be treated
for all purposes as a finding or sentence of the court duly
confirmed.
(5) Where a reviewing authority exercises any of the powers
conferred by the last foregoing subarticle, the determination of the
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
authority shall be promulgated and shall have effect as from the
promulgation thereof.
Cap. 9.
apply in relation to a review by a reviewing authority under this
article as they apply in relation to an appeal to the Court of
Criminal Appeal, with such modifications and adaptations as are
referred to in article 116.
Reconsideration of 
sentences of 
imprisonment and 
detention.
115.   Sentences of imprisonment and detention may be
reconsidered by the Commander at any time after confirmation; and
if on any such reconsideration it appears that the conduct of the
offender since his conviction has been such as to justify remission
of the sentence, whether in whole or in part, it shall be remitted
accordingly.
Appeals from courts-martial
Court of Criminal 
Appeal to be 
appeal court.
Amended by: 
L.N. 148 of 1975.
Cap. 9.
116. (1) The Court of Criminal Appeal (hereinafter referred to
as "the Appeal Court") constituted as provided in article 498(2) of
the Criminal Code shall, in addition to the jurisdiction conferred on
it by the Code, have jurisdiction to hear and determine appeals
from courts-martial.
(2) Subject to the provisions of this Act, the provisions of the
said Code relating to the Appeal Court and to appeals made to that
court under Title V of Part I of Book Second of that Code shall
apply to the Appeal Court in the exercise of its jurisdiction under
this Act and to appeals made under this Act, and the provisions
relating to a re-trial ordered by the said court shall, in so far as they
refer to the Criminal Court, apply to a court-martial upon such a re-
trial, but shall so apply with such modifications and adaptations as
are necessary to give effect to the provisions of this Act and in
particular, but without prejudice to the generality of the foregoing,
with the substitution of references to court-martial for references to
jury or to Criminal Court, of references to charge for references to
indictment, and of references to finding for references to verdict.
Right of appeal.
convicted by court-martial may appeal to the Appeal Court against
his conviction or, except where the sentence is one fixed by law,
against the sentence passed on his conviction.
(2) Subject as aforesaid, the person’s right of appeal shall not
be exercisable -
( a ) unless such person has 
(i) within forty days next following the day on
which the finding of the court-martial was
promulgated, if the court-martial was held in
Malta; or
(ii) in any other case, within sixty days next
following the day on which the finding of the
court was promulgated,
   presented a petition against finding or sentence or both
in accordance with article 109; and
  58        CAP. 220. ]                MALTA ARMED FORCES   
( b ) until either the period of thirty days (beginning with
the day on which the petition is presented) expires or
he is notified by the Commander that the petition has
not been granted, whichever event first occurs.
(3) If a person presents a petition for the purposes of subarticle
(2)( a ), but fails to do so within the period therein specified, and
subsequently applies to the Appeal Court for leave to appeal, the
Appeal Court may direct that he be treated as not having thereby
lost his right of appeal if it is of the opinion that there is a
reasonable explanation of the failure and that it is in the interests of
justice that he should be so treated.
Manner and time 
of lodging appeal.
Amended by:
LVIII. 1974.68.
118. (1) Subject to the provisions of this article, an appeal
under this Part of this Act shall be brought before the Appeal Court
by an application to be filed within thirty days next following the
day on which either the period specified in article 117(2)( b ) has
expired or the person convicted is notified as provided in the said
paragraph, whichever event first occurs.
(2) The Appeal Court may extend the period within which an
appeal to it may be lodged, whether the period has expired or not.
(3) A copy of the application shall be served on the Attorney
General at least ten days before the day appointed for the hearing of
the appeal, unless the Appeal Court shall in any case of urgency
direct service with a shorter notice.
Proceedings of the 
court-martial.
Amended by:
LVIII. 1974.68;
XXIV . 1995.362.
119. (1) On an appeal being lodged under this Part of this Act,
the Registrar of Courts (hereinafter referred to as "the registrar")
shall request the Attorney General to furnish to him the
proceedings of the court-martial and any petition presented by the
appellant under article 109.
(2) After an appeal is finally determined or is abandoned, the
registrar shall, subject to any order which the Appeal Court may
make, return the proceedings of the court-martial and any petition
to the Attorney General.
(3) At any time after an appeal is lodged as aforesaid the
appellant may, subject to subarticle (5), obtain from the registrar
copies of any document in his possession for the purposes of the
appeal.
(4) Such copies shall be supplied by the registrar to the
appellant on payment therefor of such reasonable charges as the
registrar may fix, or, if the appellant has been allowed free legal
aid, free of charge; provided that nothing in this article shall
require the registrar to supply free of charge any copy of a
document which he considers unnecessary for the purposes of the
appeal.
(5) If the Minister certifies that for reasons of security the
whole or part of the court-martial proceedings or other document,
or of any exhibit or other thing, ought not to be disclosed otherwise
than to the Appeal Court, or ought to be disclosed only subject to
such conditions as he may specify, the registrar shall permit
inspection or supply a copy thereof only in pursuance of an order of
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
the Appeal Court and subject to such conditions, if any, as that
court may direct.
Appeal from 
finding of insanity 
and unfitness to 
stand trial.
120. (1) A person who has been tried by court-martial for an
offence and been found not guilty by reason of insanity may appeal
to the Appeal Court against that finding; and the provisions of the
four last foregoing s shall apply to any such appeal.
(2) A person found by a court-martial to be unfit to stand trial
may appeal to the Appeal Court against the finding and, subject to
the next following subarticles, the provisions of the four last
foregoing articles shall apply to any such appeal.
(3) Where the question whether the accused was unfit to stand
his trial was determined by the court-martial at a time later than on
arraignment, the appeal may be allowed (notwithstanding that the
finding was properly arrived to) if the Appeal Court is of the
opinion that the case is one in which the court-martial should have
before that time have come to a finding of not guilty.
(4) If the Appeal Court is of that opinion, it shall substitute a
finding of not guilty (but not a finding of not guilty by reason of
insanity) and the appellant shall then not be liable to be tried by a
court-martial or by any other court for the offence with which he
was charged.
(5) Where the appeal is allowed and the Appeal Court does not
substitute a finding of not guilty, the appellant may be tried
accordingly for the said offence; and if he is for the time being
detained for reasons of mental health the court may make such
order as appears to it to be necessary or expedient pending any such
trial in respect of his detention.
Review of summary findings and awards
Review of 
summary findings 
and awards.
121. (1) Where a charge has been dealt with summarily,
otherwise than by the dismissal thereof, any officer superior in
command to the officer who dealt summarily with the charge may
at any time review the finding or award.
(2) When on a review under this article it appears to the
reviewing officer expedient so to do by reason of any mistake of
law in the proceedings on the summary dealing with the charge or
of anything occurring in those proceedings which in the opinion of
the reviewing officer involved substantial injustice, the said officer
may quash the finding.
(3) If a finding in any proceedings is quashed under the last
foregoing subarticle and the award made in those proceedings
relates only to the finding quashed the reviewing officer shall also
quash the award; and if the award relates also to any other finding
and it appears to the said officer that the award was not warranted
by this Act in respect of that other finding, he may vary the award
by substituting such punishment or punishments as he may think
proper, being a punishment or punishments which could have been
included in the original award in relation to that other finding, and
not being in the opinion of the reviewing officer more severe than
the punishment or punishments included in the original award.
  60        CAP. 220. ]                MALTA ARMED FORCES   
(4) Where on a review under this article it appears to the
reviewing officer that a punishment awarded was invalid, or too
severe, or, where the award included two or more punishments, that
those punishments or some of them could not validly have been
awarded in combination, or are, taken together, too severe, he may
vary the award by substituting such punishment or punishments as
he may think proper, being a punishment or punishments which
could have been included in the original award and not being in the
opinion of the reviewing officer more severe than the punishment
or punishments included in the original award.
Findings of insanity
Provisions where 
accused found 
insane.  
Amended by:
XVIII. 1976.52;       
X. 2000.9.
Cap. 262.
122. (1) Where, on the trial of a person by court-martial, it
appears to the court that the accused is unfit to stand his trial, the
court shall so find; and if the finding is confirmed in accordance
with the following provisions of this article the accused shall be
kept in custody in Mount Carmel Hospital there to remain in
custody and detained according to the provisions of Part IV of the
Mental Health Act, or any other provision of law or enactment
applicable to the case, and those provisions shall apply to the
accused accordingly. For the purposes of this subarticle "unfit to
stand trial" means unfit to stand trial by reason of insanity.
(2) Where, on trial of a person by court-martial, it appears to
the court that the evidence is such as, apart from any question of
insanity, to support a finding that the accused was guilty of any
offence, but that at the time of the acts or omissions constituting
that offence the accused was insane, the court shall find that the
accused was not guilty of that offence by reason of insanity, and
thereupon the accused shall be kept in custody in Mount Carmel
Hospital there to remain in custody and detained according to the
provisions of Part IV of the Mental Health Act, or any other
provision of law or enactment applicable to the case, and those
provisions shall apply to the accused accordingly.
(3) A finding under subarticle (1) shall not have effect unless
and until the finding has been confirmed by an officer who would
have had power to confirm a finding of guilty come to by the court-
martial in question and has been promulgated.
(4) Where, on the trial of a person by court-martial, the
question arises (at the instance of the defence or otherwise)
whether the accused is unfit to stand his trial, the following
provisions shall have effect:
( a ) the court, if having regard to the nature of the
supposed disability the court is of opinion that it is
expedient to do so and in the interests of the accused,
may postpone consideration of the question until any
time up to the opening of the case for the defence and
if before the question falls to be determined by it, the
court finds the accused not guilty of the charge or each
of the charges on which he is being tried, the question
shall not be determined;
( b ) subject to paragraph ( a ) above, the question shall be
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
determined as soon as it arises;
( c ) where the accused is found unfit to stand his trial, the
trial shall not proceed or further proceed, but if the
question is determined at a time later than on
arraignment the confirming officer or reviewing
authority may substitute a finding of not guilty (other
than finding of not guilty by reason of insanity), if of
opinion that the court should before that time have
come to such a finding.
(5) The provisions of this Act as to revision, confirmation and
review (and in particular the provisions of this Act which confer
power to substitute for any finding any other finding which could
have been come to by the court-martial in question) apply in
relation to such findings as are provided for by subarticle (2) as
those provisions apply in relation to findings of guilty.
(6) Where the confirming officer or reviewing authority
substitutes for a finding of not guilty by reason of insanity a finding
of guilty of an offence, the confirming officer or reviewing
authority shall have the like power of sentencing the accused and
other powers as the court-martial would have had on the like
finding of guilty, and any sentence imposed shall be promulgated
and have effect as would a sentence duly substituted by the
confirming officer or the reviewing authority for a sentence of the
court-martial.
 (7) Where in pursuance of a finding of not guilty by reason of
insanity a person is detained for reasons of mental health, and the
reviewing authority quashes the finding (without substituting
another finding) then, if the reviewing authority is of opinion - 
( a ) that the person in question is suffering from mental
disorder of a nature or degree which warrants his
detention in a hospital under observation (with or
without other medical treatment) for at least a limited
period; and
( b ) that he ought to be so detained in the interest of his
own health or safety or with a view to the protection of
other persons,
the reviewing authority shall make an order for his continued
detention; and the order shall be sufficient authority for him to be
detained, and he shall be so detained according to the foregoing
provisions of this article as if the findings had not been quashed.
Functions of Attorney General in relation to courts-martial 
Functions of 
Attorney General 
in relation to 
courts-martial.
Amended by: 
LVIII. 1974.68.
123.   Regulations and rules made in pursuance of this Act and
regulations made by the Minister by virtue of this article may
confer on the Attorney General such functions of considering and
reporting on the proceedings of courts-martial and such other
functions in relation to such courts as the authority making the
regulations or rules may deem proper; and nothing in the foregoing
provisions of this Part of this Act shall prejudice the exercise of
any such functions.
  62        CAP. 220. ]                MALTA ARMED FORCES   
Commencement, suspension and duration of sentences
Commencement of 
sentences.
124. (1) A military sentence of imprisonment or detention or a
sentence of field punishment shall, subject to the provisions of this
article, begin to run from the beginning of the day on which
sentence was originally pronounced by the court-martial trying the
offender, or, as the case may be, was originally awarded by his
commanding officer.
(2) A sentence of imprisonment or detention passed by a court-
martial on a man of the force which is suspended in pursuance of
article 126 before he has been committed to prison or other
establishment shall not begin to run until the beginning of the day
on which the suspension is determined:
  Provided that where the sentence is suspended by the
confirming officer and the reviewing authority determines the
suspension, the reviewing authority may direct that the sentence
shall run from such earlier date, not earlier than the day on which
sentence was originally pronounced by the court-martial, as the
reviewing authority may specify.
Duration of 
sentence of 
imprisonment and 
detention.
125. (1) Where a man of the force has been sentenced to
imprisonment or detention by a court-martial, and the sentence is
suspended in pursuance of the next following article after he has
been committed to prison or other establishment, the currency of
the sentence shall be suspended from the beginning of the day after
the day on which he is released in accordance with the provisions
of the next following article until the beginning of the day on which
the suspension is determined.
(2) Where any person serving a military sentence of
imprisonment or detention becomes unlawfully at large during the
currency of the sentence, then, in calculating the period for which
he is liable to be imprisoned or detained in pursuance of the
sentence, no account shall be taken of time elapsing during the
period beginning with the day on which he became at large and
ending with the day on which, as a person having become
unlawfully at large, he is taken into military custody or the custody
of a civil authority or (not having been taken into such custody)
returns to the place in which he was imprisoned or detained before
he became unlawfully at large:
  Provided that any time, during the last mentioned period, during
which he proves to have been in the custody of a civil authority or
of such other authority as respects which arrangements have been
made under article 129, shall not be disregarded in calculating the
period for which he is liable to be imprisoned or detained in
pursuance of the military sentence.
(3) Without prejudice to subarticle (2), where a person serving
a military sentence of imprisonment or detention has lawfully been
temporarily released on compassionate grounds, then, in
calculating the period for which he is liable to be imprisoned or
detained in pursuance of the sentence, no account shall be taken of
time elapsing during the period beginning with the day after that on
which he is released and ending with the day on which he is
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
required to return to custody.
(4) A person who for any period is released as mentioned in the
last foregoing subarticle or who is otherwise lawfully allowed out
of any military or other establishment or otherwise out of custody
for any period or subject to any condition shall, on failure to return
at the expiration of the period or to comply with the condition, be
treated for the purposes of subarticle (2) as being unlawfully at
large.
Suspension of 
sentences.
126. (1) Without prejudice to the provisions of article 111(5),
in confirming a sentence of imprisonment or detention passed by a
court-martial on a man of the force, the confirming officer may
order that the sentence shall be suspended; and any such sentence
which is not for the time being suspended may, on the review or
reconsideration of the sentence, be suspended by order of the
authority reviewing or reconsidering the sentence.
(2) The suspension of any such sentence may (without
prejudice to its being again suspended) be determined on the
review or reconsideration of the sentence by an order of the said
authority committing the person sentenced to imprisonment or
detention, as the case may be.
(3) Where while any such sentence is suspended, the person
sentenced is sentenced by a court-martial to imprisonment or
detention from a fresh offence then (unless the balance of the
earlier sentence is remitted by virtue of article 77(11)) -
( a ) the court may determine the suspension of the earlier
sentence by an order committing the person sentenced
to imprisonment or detention, as the case may be, and
if so the court shall direct whether the two sentences
are to run concurrently or consecutively;
( b ) if the court does not exercise the powers conferred by
the last foregoing paragraph, the confirming officer
may exercise those powers on the confirmation of the
later sentence;
( c ) if neither the court nor the confirming officer exercises
the said powers, a reviewing authority may exercise
those powers on the review of the later sentence;
( d ) where the said powers are exercised (whether by the
court, the confirming officer or a reviewing authority)
any power of suspension or remission exercisable in
relation to the later sentence shall be exercisable also
in relation to the earlier sentence:
  Provided that this subarticle has effect subject to the provisions
of article 77(12).
(4) Without prejudice to the further suspension of the earlier
sentence, an order under the last foregoing subarticle directing that
the suspension of that sentence shall be determined shall not be
affected by the later sentence not being confirmed or by its being
quashed.
(5) Where the sentence of a person in custody is suspended, he
  64        CAP. 220. ]                MALTA ARMED FORCES   
shall thereupon be released.
Execution of sentences of imprisonment and detention
Execution of 
sentences of death. 
Amended by: 
XI. 1977.2.
Deleted by: X. 2002.10.
Imprisonment and 
detention rules.
128. (1) The Minister may make rules (in this Act referred to
as Imprisonment and Detention Rules) with respect to all or any of
the following matters:
( a ) the places in which and the establishments or forms of
custody (whether military or not) in which persons
may be required to serve the whole or any part of
military sentences of imprisonment and detention
passed on them;
( b ) the committal of persons under military sentences of
imprisonment or detention to the appropriate
establishment or form of custody, their removal from
one country or place to another and from one
establishment or form of custody to another and their
release on the coming to an end of any term of
imprisonment or detention;
( c ) the provision, classification, regulation and
management of military establishments;
( d ) the classification, treatment, employment, discipline
and control of persons serving military sentences of
imprisonment or detention in military establishments
or otherwise in military custody;
( e ) the temporary release on compassionate grounds of
persons serving such sentences in such establishments
or custody as aforesaid, the cases in which, periods for
which and conditions subject to which they may be
allowed out of any such establishment or custody and
the remission of part of any such sentence for good
conduct and industry;
( f ) the appointment, powers and duties of inspectors,
visitors and governors, and of officers and other
members of the staff, of military establishments.
(2) Until Imprisonment and Detention Rules are made a
sentence of imprisonment under this Act shall be served in the Civil
Prisons, and a sentence of detention under this Act shall be served
in a detention barrack or in military custody but not in a prison.
(3) Subject to any provision contained in Imprisonment and
Detention Rules, a military prisoner shall, while in a civil prison,
be confined and otherwise dealt with in the same manner as a civil
prisoner under a like sentence of imprisonment.
(4) The provisions of article 4(5) and (6) shall apply to
Imprisonment and Detention Rules as they apply to regulations and
orders made under that article.
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
Arrangements for 
serving of 
sentences outside 
Malta.
129. (1) The Minister may from time to time make
arrangements with the authorities of any country or territory
outside Malta whereby military sentences of imprisonment or
detention may in accordance with Imprisonment and Detention
Rules or in accordance with any such arrangements be served
wholly or partly in establishments under the control of those
authorities.
(2) The powers conferred on the Minister by article 128 shall
extend to the making of such provision as appears to him necessary
or expedient for giving effect to any arrangements made under the
last foregoing subarticle.
Trial of persons ceasing to be subject to military law and time 
limits for trials
Trial and 
punishment of 
offences under 
military law 
notwithstanding 
offender ceasing to 
be subject to 
military law.
130. (1) Subject to the provisions of the next following article,
where an offence under this Act triable by court-martial has been
committed, or is reasonably suspected of having been committed,
by any person while subject to military law, then in relation to that
offence he shall be treated, for the purposes of the provisions of
this Act relating to arrest, keeping in custody, investigation of
charges, trial and punishment by court-martial (including
confirmation, review, reconsideration and suspension) and
execution of sentences as continuing subject to military law
notwithstanding his ceasing at any time to be subject thereto.
(2) Where, while a person is in military custody by virtue of
this article (whether before, during or after trial) he commits, or is
reasonably suspected of having committed, an offence which if he
were subject to military law would be an offence under this Act
triable by court-martial, then in relation to that offence or suspected
offence he shall be treated, for the purposes of the provisions of
this Act mentioned in the last foregoing subarticle and the
provisions thereof as to summary dealing with charges, as having
been subject to military law when the offence was committed or is
suspected of having been committed and as continuing subject to
military law thereafter.
(3) Where by virtue of either of the two last foregoing
subarticles a person is treated as being at any time subject to
military law for the purposes of any provision of this Act, that
provision shall apply to him -
( a ) if he holds any military rank, as to a person having that
rank;
( b ) otherwise as to a person having the rank which he had
when last actually subject to military law:
  Provided that as respects any time after he has been sentenced
for the offence in question and the sentence has been confirmed the
said provision shall apply to him (in any case) as to a soldier.
(4) Where apart from this subarticle any provision of this Act
would under the last foregoing subarticle apply to a person, in
relation to different offences, as to a person having different ranks,
it shall apply to him as to a person having the lower or lowest of
  66        CAP. 220. ]                MALTA ARMED FORCES   
those ranks.
Limitation of time 
for trial of offences 
under military law. 
Amended by:
LVIII. 1974.68.
131. (1) No person shall be tried by court-martial for any
offence, other than one against article 44 or 45 or desertion, unless
the trial is begun within three years after the commission of the
offence, there being disregarded any time during which he was a
prisoner of war and any time during which he was illegally absent: 
  Provided that - 
( a ) in the case of an offence against article 75 where
proceedings for the corresponding civil offence must,
by virtue of any enactment, be brought within a limited
time, that limit of time shall apply to the trial of the
offence under the said article 75 in substitution for the
foregoing provisions of this subarticle;
( b ) subject to any such limit of time as is mentioned in the
last foregoing paragraph, a person may be tried by
court-martial for a civil offence notwithstanding that it
was committed more than three years before the
beginning of the trial, if the Attorney General consents
to the trial.
(2) Where a person who has committed an offence of desertion,
other than desertion on active service, has since the offence served
as a member of the regular force continuously in an exemplary
manner for not less than three years, he shall not be tried for that
offence.
(3) A person shall not be triable by virtue of subarticle (1) of
the last foregoing article unless his trial is begun within three
months after he ceases to be subject to military law or the trial is
for a civil offence and the Attorney General consents to the trial:
  Provided that this subarticle shall not apply to an offence
against article 44 or 45 or desertion.
(4) A person shall not be arrested or kept in custody by virtue
of subarticle (1) of the last foregoing article for an offence at any
time after he has ceased to be triable for the offence.
Relations between military law and civil courts and finality of 
trials 
Jurisdiction of civil 
courts.
132. (1) Where a person subject to military law -
( a ) has been tried for an offence by a court-martial or has
had an offence committed by him taken into
consideration by a court-martial in sentencing him; or
( b ) has been charged with an offence under this Act and
has had the charge dealt with summarily by his
commanding officer or the appropriate superior
authority,
a civil court shall be debarred from trying him subsequently for an
offence substantially the same as that offence; but except as
aforesaid nothing in this Act shall be construed as restricting the
jurisdiction of any civil court to try a person subject to this Act for
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
an offence.
(2) For the purposes of this article -
( a ) a person shall not be deemed to have been tried by a
court-martial if confirmation is withheld of a finding
by the court-martial that he is guilty of the offence, or
of a finding by the court-martial that he is not guilty of
the offence by reason of insanity;
( b ) a person shall not be deemed to have had an offence
taken into consideration by a court-martial in
sentencing him if confirmation of the sentence is
withheld or the sentence is quashed;
( c ) a case shall be deemed to have been dealt with
summarily by the commanding officer or appropriate
superior authority notwithstanding that the finding of
that officer or authority has been quashed, or the award
of that officer or authority quashed or varied, on the
review thereof.
Persons not to be 
tried under this Act 
for offences 
already disposed 
of.
133. (1) Where a person subject to military law -
( a ) has been tried for an offence by a competent civil
court, wherever situated, or a court-martial; or
( b ) has had an offence committed by him taken into
consideration when being sentenced by a court-martial
or by any such civil court as aforesaid; or
( c ) has been charged with an offence under this Act and
has had the charge dismissed, or has been found guilty
on the charge, by his commanding officer or the
appropriate superior authority; or
( d ) has had an offence condoned by his commanding
officer,
he shall not be liable in respect of that offence to be tried by court-
martial or to have the case dealt with summarily by his
commanding officer or the appropriate superior authority.
(2) For the purposes of this article -
( a ) a person shall not be deemed to have been tried by a
court-martial if confirmation is withheld of a finding
by the court-martial that he is guilty of the offence or
of a finding by the court-martial that he is not guilty of
the offence by reason of insanity;
( b ) a person shall not be deemed to have had an offence
taken into consideration by a court-martial in
sentencing him if confirmation of the sentence of the
court is withheld or the sentence is quashed;
( c ) a case shall be deemed to have been dealt with
summarily by the commanding officer or appropriate
superior authority notwithstanding that the finding of
that officer or authority has been quashed, or the award
of that officer or authority quashed or varied, on the
  68        CAP. 220. ]                MALTA ARMED FORCES   
review thereof;
( d ) an offence shall be deemed to have been condoned by
the commanding officer of a person alleged to have
committed the offence if, and only if, that officer or
any officer authorised by him to act in relation to the
alleged offence has with knowledge of all relevant
circumstances informed him that he will not be
charged therewith;
( e ) a person ordered under article 64(2) to be imprisoned
or to undergo detention for an offence against that
article shall be deemed to have been tried by court-
martial for the offence.
(3) Where confirmation of a finding of guilty of an offence or
of a finding of not guilty of an offence by reason of insanity is
withheld the accused shall not be tried again by court-martial for
that offence unless the order convening the latter court is issued not
later than twenty-eight days after the promulgation of the decision
to withhold confirmation.
(4) Save as provided in the foregoing provisions of this article,
proceedings for an offence against this Act (whether before a
commanding officer or appropriate superior authority or before a
court-martial) shall not be barred on the ground of condonation.
Inquiries 
Boards of Inquiry. 
Amended by: 
L.N. 148 of 1975.
134. (1) Subject to and in accordance with the provisions of
rules made under this article (hereinafter referred to as "Board of
Inquiry Rules"), the Commander or any officer of the force
empowered by or under such rules so to do may convene a board of
inquiry to investigate and report on the facts relating to -
( a ) the absence of any person subject to military law; 
( b ) the capture of any such person by the enemy;
( c ) the death of any person in a military establishment
where an inquiry into the death is not required to be
held by any civil authority;
( d ) any other matter of a class specified in such rules or
referred to such a board by the Commander or any
such officer as aforesaid,
and a board of inquiry shall, if directed so to do, express their
opinion on any question arising out of any matter referred to the
board.
(2) A board of inquiry shall consist of a president, who shall be
an officer not below the rank of captain and be subject to military
law and not less than two other members each of whom shall either
be a person so subject or be a person not so subject who is in the
service of the Government of Malta.
(3) Subject to the provisions of this article, board of inquiry
rules may make provision with respect to the convening,
constitution and procedure of boards of inquiry and, without
prejudice to the generality of the foregoing, may make provision
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
with respect to all or any of the following matters:
( a ) the rules of evidence to be observed by boards of
inquiry and the taking of evidence before such boards,
so however that the rules shall provide for the taking
of evidence on oath or affirmation except in
circumstances such that if the evidence were being
taken at a court-martial an oath could be dispensed
with;
( b ) without prejudice to the provisions of the next
following article, the making in service books of
records of findings of boards of inquiry in such cases
as may be provided by the rules;
( c ) such incidental and supplementary matters as appear
requisite for the purpose of the rules.
(4) Board of Inquiry Rules shall contain provision for securing
that any witness or other person who may be affected by the
findings of a board of inquiry shall have an opportunity of being
present, and represented, at the sittings of the board or such part
thereof as may be specified by or under the rules.
(5) Evidence given before a board of inquiry shall not be
admissible against any person in proceedings before a court-
martial, commanding officer or appropriate superior authority,
other than proceedings for an offence against article 65 or for an
offence against article 75 where the corresponding civil offence is
perjury.
(6) The power to make Board of Inquiry Rules shall be
exercised by the Minister; and the provisions of article 4(5) and (6)
shall apply to such rules as they apply to regulations and orders
made under that article.
Inquiries into 
absence.
135. (1) Where a board of inquiry inquiring into the absence
of an officer or man of the force reports that he has been absent
without leave or other sufficient cause for a period specified in the
report, not being less than twenty-one days, a record of the report
shall in accordance with the Board of Inquiry Rules be entered in
the service books.
(2) A record entered in pursuance of the last foregoing
subarticle shall, unless the absentee subsequently surrenders, or is
arrested, or the report of the board of inquiry is annulled by the
Commander or a subsequent board of inquiry, have the like effect
as a conviction by court-martial for desertion.
Regimental 
inquiries.
Amended by: 
L.N. 148 of 1975.
136. (1) An officer of the force authorised in that behalf by or
under regulations made by the Minister under this article may cause
an inquiry to be held in such manner and by such person or persons
as may be specified by or determined under such regulations (being
a person or persons each of which is either subject to military law
or, not being so subject, is in the service of the Government of
Malta), into any matter so specified or determined:
  Provided that an inquiry shall not be held in pursuance of this
  70        CAP. 220. ]                MALTA ARMED FORCES   
article into:
( a ) the absence of a person subject to military law; or 
( b ) the capture of any such person by the enemy.
(2) Regulations under this article may make provision as to the
rules of evidence to be observed at inquiries held in pursuance of
this article and the taking of evidence at such inquiries, and may
authorise the taking of evidence on oath or affirmation, and the
administration of oaths, in such cases as may be specified by or
under the regulations.
(3) Article 134(4) and (5) shall apply in relation to inquiries
held in pursuance of this article with the substitution of references
to regulations under this article for references to Board of Inquiry
Rules and of references to an inquiry held in pursuance of this
article for references to a board of inquiry; and article 4(5) and (6)
shall apply to regulations made under this article as they apply to
regulations made under that article.
Miscellaneous provisions
Appointment of 
judge advocates.
Amended by:
LVIII. 1974.68.
137.   The appointment of a person to act as judge advocate at
any court-martial shall be made by the Attorney General or on his
behalf and, in cases where it is not practicable for him to do so,
may be made by the convening officer.
Promulgation. 138.   Any finding, sentence, determination or other thing
required by this Act to be promulgated shall be promulgated either
by being communicated to the accused or in such other manner as
may be prescribed or as the confirming officer or reviewing
authority, as the case may be, may direct.
Custody of 
proceedings of 
courts-martial and 
right of accused to 
a copy thereof.
Amended by:
LVIII. 1974.68.
139. (1) The record of the proceedings of a court-martial shall
be kept in the custody of the Attorney General for not less than six
years, being a period sufficient to ensure that the rights conferred
by the two next following subarticles shall be capable of being
exercised.
(2) Subject to the provisions of this article, any person tried by
a court-martial shall be entitled to obtain from the Attorney
General on demand at any time within the relevant period and on
payment therefor at such rate as may be prescribed a copy of the
record of the proceedings of the court.
(3) Where a person tried by court-martial dies within the
relevant period, his heirs, or any person who in the opinion of the
Attorney General ought to be treated for the purposes of this
subarticle as his heirs, shall, subject to the provisions of this article,
be entitled to obtain from the Attorney General on demand at any
time within the period of twelve months from the death and on
payment therefor at the prescribed rate a copy of the record of the
proceedings of the court.
(4) If, on an application in pursuance of either of the two last
foregoing subarticles for a copy of the record of any proceedings,
the Minister certifies that it is requisite for reasons of security that
the proceedings or any part thereof should not be disclosed, the
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
applicant shall not be entitled to a copy of the proceedings or part
to which the certificate relates.
(5) In this article "the relevant period", in relation to any
person tried by court-martial, means the period of five years
beginning with the date of his acquittal or, where he was convicted,
of the promulgation of the findings and sentence or, where a
finding of guilty was not confirmed, of the promulgation of the
withholding of confirmation:
  Provided that where the proceedings relate to two or more
charges and the person charged was acquitted on one or more of the
charges and convicted on another or others, the relevant period
shall be the period of five years beginning with the date of the
promulgation of the finding or findings of guilty and the sentence
thereon or of the withholding of confirmation of that finding or
those findings.
(6) Any reference in this article to the record of the
proceedings of a court-martial includes a reference to the record of
the proceedings with respect to the confirmation or revision of the
findings and sentence of the court-martial.
Indemnity for 
prison officers,
etc.
140.   No action shall lie in respect of anything done by any
person in pursuance of a military sentence of imprisonment or
detention if the doing thereof would have been lawful but for a
defect in any warrant or other instrument made for the purposes of
that sentence.
Additional 
regulations.
141. (1) Where any matter authorised or required by Part III or
by this Part of this Act to be prescribed may not appropriately or
conveniently be prescribed by the Rules of Procedure, any such
matter may be prescribed by regulations under this article.
(2) Regulations under this article may be made by the Minister,
and the provisions of article 4(5) and (6)  shall apply to such
regulations as they apply to regulations made under that article.
Restitution or 
compensation for 
theft, etc.
142. (1) The following provisions shall have effect where a
person has been convicted by court-martial of an offence against
articles 43, 57(1) or 58, or of a corresponding civil offence under
article 75, or of otherwise unlawfully obtaining any property.
(2) If any property unlawfully obtained as aforesaid has been
found in the possession of the offender, it may be ordered to be
delivered or paid to the person appearing to be the owner thereof.
(3) If there has been found in the possession of the offender
any property (other than money) appearing to have been obtained
by him by the conversion or exchange of any of the property
unlawfully obtained as aforesaid, the property may be ordered to be
delivered to the person appearing to be the owner of the property
unlawfully obtained.
(4) Where money is found in the possession of the offender,
then whether or not it appears to have been obtained as aforesaid an
order may be made that there shall be paid out of that money to the
person appearing to be the owner of the property unlawfully
  72        CAP. 220. ]                MALTA ARMED FORCES   
obtained such sum as may be specified in the order as or towards
compensation for the loss caused to the said person by the offence,
in so far as not otherwise made good under this Act or by the
recovery of the property unlawfully obtained.
(5) Where any of the property unlawfully obtained as aforesaid
has been sold or given in pawn to some other person who did not
then know it to have been unlawfully obtained, an order may be
made that, subject to the restitution to the owner thereof of the
property sold or given as aforesaid, there shall be paid to the said
other person, out of any money found in the possession of the
offender (whether or not the money appears to be proceeds of the
sale or giving in pawn), such sum as may be specified in the order
as or towards compensation for the loss caused to him in
consequence of the sale or giving in pawn.
(6) Where any of the property unlawfully obtained as aforesaid
has been given in exchange to some other person who did not then
know it to have been unlawfully obtained, an order may be made
that, subject to the restitution to the owner thereof of the property
given as aforesaid, there shall be restored to the said other person
the property taken in exchange for the property unlawfully
obtained.
(7) An order under this article may be made by the court-
martial by whom the offender is convicted, by the confirming
officer, or by a reviewing authority; and in this article the
expression "appearing" means appearing to the court, officer or
authority making the order.
(8) An order under this article made by a court-martial shall not
have effect until confirmed by the confirming officer; and the
provisions of this Part of this Act as to confirmation and review of
the proceedings of courts-martial shall apply to an order under this
article as they apply to a sentence.
(9) The operation of an order under this article shall be
suspended -
( a ) in any case, until the expiration of the period within
which an appeal may be made under this Part of this
Act to the Court of Criminal Appeal;
( b ) if such an appeal is duly lodged, until the appeal is
determined or abandoned,
and where the operation of such an order as aforesaid is suspended
under this article - 
(i) it shall not take effect if the conviction is
quashed on appeal;
(ii) the appeal court may by order annul or vary the
order although the conviction is not quashed;
(iii) such steps shall be taken for the safe custody,
during the period during which the operation of
the order is suspended, of the property ordered
to be restored or handed over or the money to
which the order relates as may be prescribed or
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
as the appeal court may direct.
(10) Notwithstanding anything in the last foregoing subarticle,
an order under this article shall not, so far as it relates to the
delivery of property to the person appearing to be the owner
thereof, be suspended if the court, officer or authority making the
order directs to the contrary in any case in which, in the opinion of
the court, officer or authority, the title to the property is not in
dispute.
(11) An order under this article shall not bar the right of any
person, other than the offender or a person claiming through him, to
recover any property delivered or paid in pursuance of such an
order from the person to whom it is delivered or paid.
PART V
 FORFEITURES AND DEDUCTIONS AND ENFORCEMENT OF 
MAINTENANCE LIABILITIES
General 
provisions.
143. (1) No forfeiture of the pay of an officer or man of the
regular force shall be imposed unless authorised by or under this
Act or any other enactment.
(2) Notwithstanding any deduction from the pay of an officer
or man of the regular force, he shall (subject to any forfeiture)
remain in receipt of pay at not less than such minimum rate as may
be prescribed by order of the Minister.
(3) Notwithstanding that forfeiture of a person’s pay for any
period has been ordered in pursuance of this Act, he may remain in
receipt of pay at such minimum rate as aforesaid; but the amount
received for the period may be recovered from him by deduction
from pay.
(4) Any amount authorised to be deducted from the pay of an
officer or man of the regular force may be deducted from any
balance (whether or not representing pay) which may be due to
him, and references in this Act to the making of deductions from
pay shall be construed accordingly.
Forfeiture of pay 
for absence from 
duty.
144. (1) The pay of an officer or man of the regular force may
be forfeited - 
( a ) for any day of absence in such circumstances as to
constitute an offence under article 50 or 51 or, if the
Commander or an officer authorised by him so directs,
of other absence without leave;
( b ) for any day of imprisonment, detention or field
punishment awarded under this Act by a court-martial
or commanding officer, or of imprisonment or
detention to which he is liable in consequence of a
sentence of a civil court;
( c ) where he is found guilty (whether by court-martial, the
  74        CAP. 220. ]                MALTA ARMED FORCES   
appropriate superior authority or his commanding
officer) of an offence under this Act, for any day
(whether before or after he is found guilty) on which
he is in hospital on account of sickness or injury
certified by the proper medical officer to have been
occasioned by the offence.
(2) The pay of an officer or man of the regular force may be
forfeited for any day of absence by reason of his having been made
a prisoner of war if the Commander or an officer authorised by him
is satisfied -
( a ) that he was made a prisoner of war through
disobedience to orders or wilful neglect of his duty; or 
( b ) that having been made a prisoner of war he failed to
take any reasonable steps available to him to rejoin the
service; or
( c ) that having been made a prisoner of war he served with
or aided the enemy in the prosecution of hostilities or
measures calculated to influence the morale or in any
other manner whatsoever not authorised by
international usage,
and nothing in paragraph   ( a ) of the last foregoing subarticle shall
apply to absence by reason of having been made a prisoner of war. 
(3) For the purposes of the foregoing provisions of this article
the number of days that a person is absent or is in hospital shall be
computed as follows:
( a ) the number of days shall be reckoned from the time
when the absence or, as the case may be, the time spent
in hospital commences;
( b ) each period of twenty-four hours shall be reckoned as
one day and, save as hereinafter provided, a part of a
day shall be reckoned as one day;
( c ) when the total period of the absence or time spent in
hospital is less than six hours, no account shall be
taken thereof unless the person was, by reason of his
being absent or in hospital, prevented from performing
a military duty which was thereby thrown on some
other person.
Deductions for 
payment of civil 
penalties.
145.   Where a person sentenced or ordered by a civil court
(whether in or outside Malta) to pay a sum by way of fine, penalty,
damages, compensation or costs in consequence of being charged
before the court with an offence is at the time of the sentence or
order, or subsequently becomes a member of the regular force, then
if the whole or any part of that sum is met by a payment made by or
on behalf of any military authority, the amount of the payment may
be deducted from his pay.
Compensation for 
loss occasioned by 
wrongful act or 
negligence.
146. (1) Without prejudice to the provisions of this Act as to
the imposition of stoppages as a punishment, where, after such
investigation as may be prescribed it appears to the Commander or
an officer authorised by him that any loss of, or damage to, public
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
or service property has been occasioned by any wrongful act or
negligence of an officer or man of the regular force (hereinafter
referred to as "the person responsible"), the Commander or
authorised officer may, subject to subarticle (2), order the person
responsible (whether or not he is a member of the regular force at
the time when the order is made) to pay, as or towards
compensation for the loss or damage, such sum as may be specified
in the order; and any such sum, in so far as not otherwise paid by
the person responsible, may be deducted from his pay.
(2) No order shall be made under the last foregoing subarticle
if, in proceedings before a court-martial, the appropriate superior
authority or the commanding officer of the person responsible, that
person -
( a ) has been acquitted in circumstances involving a
finding that he was not guilty of the wrongful act or
negligence in question; or
( b ) has been awarded stoppages in respect of the same loss
or damage,
but save as aforesaid, the fact that any such proceedings have been
brought in respect of the wrongful act or negligence in question
shall not prevent the making of an order or deductions under the
last foregoing subarticle.
Deductions for 
barrack damage.
147. (1) Where damage occurs to any premises in which one
or more units of the regular force or parts of such units are
quartered or billeted, or any fixtures, furniture or effects in or
belonging to such premises are damaged or lost, then if it appears
on such investigation as may be prescribed that the damage or loss
was occasioned by the wrongful act or negligence of persons
belonging to any of the units or parts of units in occupation of the
premises and was so occasioned at a time when they were in
occupation thereof, but that the said persons cannot be identified,
any person belonging to the said units or parts of units may be
required to constitute towards compensation for the damage or loss
such amount as may in manner prescribed be determined to be just,
and the amount may be deducted from his pay.
(2) The last foregoing subarticle shall extend to ships, trains
and aircraft in which units or parts of units of the regular force are
being transported, and references to premises, quartering and
occupation shall be construed accordingly.
Remission of 
forfeitures and 
deductions.
148.   Any forfeiture or deduction imposed under the four last
foregoing articles may be remitted by the Commander or in such
manner and by such authority as may be prescribed.
Enforcement of 
maintenance and 
affiliation orders 
by deduction from 
pay.
149. (1) Where by virtue of a judgement, decree or order
which is enforceable in Malta an order has been made against any
person (hereinafter referred to as "the defendant") for the payment
of any periodical or other sum specified therein for or in respect of-
( a ) the maintenance of his wife, child or ascendant; or 
( b ) any costs incurred in any proceedings relating to any
such order by or on behalf of the person in whose
  76        CAP. 220. ]                MALTA ARMED FORCES   
favour the order has been made,
and the defendant is an officer or man of the regular force, then
(whether or not he was a member of that force when the said order
was made) the Commander or any officer authorised by him may
order such sum to be deducted from the pay of the defendant and
appropriated in or towards satisfaction of the payment due under
the order of the court as the Commander or officer thinks fit.
Cap. 12.
(2) Where to the knowledge of the court making an order in
pursuance of article 381(3) of the Code of Organization and Civil
Procedure, or varying or revoking any such order, the defendant is
an officer or man of the regular force the court shall cause the
registrar of the court to send a copy of the order to the Commander
or an officer authorised by him.
(3) The Commander or an officer authorised by him may by
order vary or revoke any order previously made under this article,
and may treat any order made under this article as being in
suspense at any time while the person against whom the order was
made is absent as mentioned in article 144(1)( a ).
Deductions from 
pay for 
maintenance of 
wife or child.
150. (1) Where the Commander or an officer authorised by
him is satisfied that an officer or man of the regular force is
neglecting, without reasonable cause, to maintain his wife or any
child of his under the age of eighteen years the Commander or
officer may order such sum to be deducted from his pay and
appropriated towards the maintenance of his wife or child as the
Commander or officer thinks fit.
(2) On an application made to the Commander or an officer
authorised by him for an order under the last foregoing subarticle
the Commander or officer, if satisfied that a  prima facie  case has
been made out for the making of such an order, may make an
interim order for such deduction and appropriation as is mentioned
in the last foregoing subarticle to take effect pending the further
examination of the case.
(3) Where an order is in force under subarticle (1) of the last
foregoing article for the making of deductions in favour of any
person from the pay of an officer or man of the regular force, no
deductions from his pay in favour of the same person shall be
ordered under the foregoing provisions of this article.
(4) The Commander or officer authorised by him may by order
vary or revoke any order previously made under this article, and
may treat any order made under this article as being in suspense at
any time while the person against whom the order was made is
absent as mentioned in article 144(1)( a ).
Limit of 
deductions under 
foregoing articles 
and effect on 
forfeiture.
151. (1) The sums deducted under the two last foregoing
articles shall not together exceed - 
( a ) in the case of an officer, three-sevenths of his pay; 
( b ) in the case of a warrant officer or non-commissioned
officer not below the rank of sergeant, two-thirds of
his pay;
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
( c ) in the case of any other man of the force, three-fourths
of his pay.
(2) Where any deductions have been ordered under either of the
two last foregoing articles from a person’s pay and (whether before
or after the deductions have been ordered) he incurs a forfeiture of
pay by or in consequence of the finding or sentence of a court-
martial or the finding or award of the appropriate superior authority
or his commanding officer, it shall apply only to so much of his pay
as remains after the deductions have been made.
(3) For the purposes of subarticle (1)( b ) and ( c ) a person
having acting rank shall be treated as of that rank.
PART VI
RANGES, TRAINING AND TRESPASS 
Use of land and sea areas for ranges
Regulations as to 
use of land and sea 
areas for ranges 
and like purposes.  
Amended by: 
XIII. 1983.4.
152. (1) Where any land belonging to or administered by the
Government (whether held by the Government or not) or held by
the Government under any title whatsoever, or where any area of
the sea within the territorial or internal waters of Malta, other than
the Grand Harbour, Marsamxett Harbour and Marsaxlokk Bay, or
where both such land or such area of sea, is appropriated for a
weapon firing range or for training or practice in the use of any
weapons of war or for experiments connected with any weapons of
war, the Minister may make regulations for the use of such land or
sea for the purposes for which it is appropriated and for securing
the public against danger arising from such use.
(2) Regulations made under this article may prohibit all
intrusion on the said lands or sea and all obstruction of the said use
thereof; but no restriction of the use of the sea under this article
shall be imposed further or otherwise than is necessary for the
purpose to which an area of the sea is appropriated or in such way
as to interfere unreasonably with any public right.
(3) Where by or under any regulation made under this article
the public is allowed to use any of the said lands, regulations under
this article may also provide for the government of such lands and
the regulation of their use when so used by the public, for the
preservation of order and the prevention of nuisances, obstructions,
encampments, and encroachments thereon, and for the prevention
of any injury to the same.
(4) Nothing in any regulation made under this article shall
restrict the free exercise by any person of his rights of ownership or
of user over any immovable property, or of other rights annexed
thereto.
(5) In this article the expression "public right" means any right
of navigation, anchoring, grounding, fishing, bathing, crossing,
walking or recreation.
  78        CAP. 220. ]                MALTA ARMED FORCES   
(6) Any person who contravenes any provision of regulations
made under this article shall be liable on conviction to a fine
( ammenda ) not exceeding ten liri.
(7) Article 4(5) and (6) shall apply to regulations made under
this article as they apply to regulations made under that article.
Right of 
compensation.
153.   Where in consequence of any regulation made under the
last foregoing article the private rights of any person are injuriously
affected or obstructed, fair compensation shall be payable by the
Government, and such compensation shall, in case of difference, be
determined by the competent court.
Use of land for training of the force
Notice of training. 154. (1) The Minister may from time to time by notice in the
Gazette declare that training or combined training of the force or
part of the force will take place in Malta.
(2) Any such notice shall be so published at least six clear days
before the training is due to take place and shall contain the
following particulars:
( a ) the police district or districts and the parish or parishes
(hereinafter referred to as "the training area") in which
the training will take place;
( b ) the period of time in which the training will take place; 
( c ) the names of any villages situate within the training
area;
( d ) any place or area within the training area which shall
be out of bounds for the members of the force engaged
in the training;
( e ) such other particulars as to the seashore, highways or
footpaths to be used in the course of training as may
seem to the Minister necessary for the purpose of
giving to persons who may suffer damage or injury by
reason, or in the course of, or in consequence of such
training reasonable certainty as to the training area.
Right of members 
of force to use 
land.
155. (1) Subject to the provisions of this Act and of any
regulations made under article 158, in and about the course of any
training of which notice has been given in accordance with the last
foregoing article, members of the force may freely land from the
sea on, enter and pass and repass over and dig trenches in and erect
defences or other works on land in any training area specified in the
said notice; but they shall not enter, pass or repass over, dig
trenches in or erect any defences or other works on -
( a ) any dwelling house, place of worship, school, shop,
workshop, stores or other premises used in any trade or
business (other than agriculture), farmyard, garden,
orchard, nursery, burial-ground or ground forming part
of the enclosure of any place of worship or school;
( b ) any place or property declared by the notice aforesaid
to be out of bounds.
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
(2) No firing with live shells or cartridges shall take place
during any such training.
Compensation for, 
and making good, 
damage.
156. (1) Subject to the provisions of this Act and of any
regulations made under article 158, there shall be paid by the
Government fair compensation in respect of any damage or injury
caused in the course, or by reason, or in consequence of any
training carried out in pursuance of the two last foregoing articles.
(2) Without prejudice to the provisions of the last foregoing
subarticle, at the conclusion of any training the members of the
force shall fill in any trenches dug by them in the course of such
training and remove all defences and other works erected in the
course of the same, and restore the land used for such trenches,
defences and works so far as possible to the state in which it was
before such use.
(3) Save as aforesaid, no action for trespass, damage or injury
shall lie in respect of anything done or omitted to be done by
reason, or in the course, or in consequence of any training of which
notice has been given in accordance with article 154.
Prohibition of 
obstruction.
157.   No person shall obstruct or interfere with any member of
the force in the course of any training as aforesaid; and any person
who contravenes the provision of this article shall be liable to the
punishments established for contraventions.
Regulations in 
respect of training 
of force.
158. (1) The Minister may make regulations to give effect to
any of the provisions of the four last foregoing articles and, without
prejudice to the generality of the foregoing, may by such
regulations -
( a ) require payment of compensation under article 156 to
be made against claims duly submitted; 
( b ) regulate the manner in which and the time within
which claims for compensation shall be submitted, and
the evidence and other information to be supplied by
the claimant;
( c ) regulate the manner in which and the authorities by
whom claims for compensation shall be dealt with and,
in case of difference, settled;
( d ) require or authorise the requiring of members of the
Police force to accompany members of the force
during the training, and prescribe the duties and
functions of any such Police officers;
( e ) modify any of the provisions of the four last foregoing
articles in so far as they are extended to visiting forces
under the Visiting Forces Act, 1966, *  and make
different provisions in regulations made under this
article in respect of any such visiting forces;
( f ) provide for such incidental and supplementary matters
as appear requisite for the purpose of the regulations. 
*Repealed by Act IX of 1982.
  80        CAP. 220. ]                MALTA ARMED FORCES   
(2) Article 4(5) and (6) shall apply to regulations made under
this article as they apply to regulations made under that article.
Trespass upon land held by the force
Trespass to 
constitute 
contravention.
159. (1) If any person, without authority, enters or is found in
or upon any place, which is held by any authority of the force for
the purposes of the force, or the access to which by the public has
been for the time being prohibited by the Minister by notice in the
Gazette, such person shall be guilty of a contravention and may,
without any warrant or other authority, be apprehended and
detained by any Police officer.
(2) In the absence of a Police officer it shall be lawful for an
officer of the force or of a man of the force of a rank not inferior to
that of a lance-corporal or lance-bombardier, wearing the uniform
of his rank, to apprehend and detain such person, if he finds it
necessary to do so for the identification of that person by the
Police, and no longer than it may be necessary for such purpose.
PART VII 
GENERAL PROVISIONS 
Redress of complaints
Complaints by 
officers. 
Amended by:
LVIII. 1974.68.
160. (1) If an officer thinks himself wronged in any matter by
a superior officer or authority and on application to his
commanding officer does not obtain the redress to which he thinks
he is entitled, he may make a complaint with respect to that matter
to the Commander.
(2) On receiving any such complaint it shall be the duty of the
Commander to investigate the complaint and to grant any redress
which appears to him to be necessary or, if the complainant so
requires, the Commander shall through the Minister make his
report on the complaint to the President of Malta in order to receive
the directions of the President of Malta thereon.
Complaints by men 
of the force.
161. (1) If a man of the force thinks himself wronged in any
matter by any officer other than his commanding officer or man of
the force, he may make a complaint with respect to that matter to
his commanding officer.
(2) If a man of the force thinks himself wronged in any matter
by his commanding officer, either by reason of redress not being
given to his satisfaction on a complaint under the last foregoing
subarticle or for any other reason, he may make a complaint with
respect thereto to the Commander.
(3) It shall be the duty of the Commander or of the comman-
ding officer to have any complaint received by him under this
article investigated and to take any steps for redressing the matter
complained of which appear to him to be necessary.
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
Provisions relating to deserters and absentees without leave 
Arrest of deserters 
and absentees 
without leave.
Amended by:
VIII. 1990.3.
162. (1) A Police officer may arrest any person to whom he
has reasonable cause to suspect of being an officer or man of the
regular force who has deserted or is absent without leave.
(2) Where no Police officer is available, any officer or man of
the regular force, or any other person, may arrest any person whom
he has reasonable cause to suspect as aforesaid.
(3) Any Magistrate, if satisfied by evidence on oath that there
is, or is reasonably suspected of being, within his jurisdiction an
officer or man of the regular force who has deserted or is absent
without leave or is reasonably suspected of having deserted or of
being absent without leave, may issue a warrant authorising his
arrest.
(4) Any person in custody in pursuance of this article shall be
brought before the Court Magistrates within forty-eight hours after
his arrest.
Proceedings before 
civil court where 
persons suspected 
of illegal absence.
Amended by: 
VIII. 1990.3.
163. (1) Where a person who is brought before the Court of
Magistrates is alleged to be an officer or man of the regular force
who has deserted or is absent without leave, the following
provisions shall have effect.
(2) If he admits that he is illegally absent from the regular force
and the court is satisfied of the truth of the admission, then -
( a ) unless he is in custody for some other cause the court
shall, and
( b ) notwithstanding that he is in custody for some other
cause, the court may,
forthwith either cause him to be delivered into military custody in
such manner as the court may think fit or commit him to some
prison, Police station or other place provided for the confinement
of persons in custody, to be kept there for such reasonable time as
the court may specify (not exceeding such time as appears to the
court reasonably necessary for the purpose of enabling him to be
delivered into military custody) or until sooner delivered into such
custody:
  Provided that any time specified by the court may be extended
by the court from time to time if it appears to the court reasonably
necessary so to do for the purpose aforesaid.
(3) If he does not admit that he is illegally absent as aforesaid,
or if the court is not satisfied of the truth of the admission, the court
shall consider the evidence and any statement of the accused, and if
satisfied that he is subject to military law and if of opinion that
there is sufficient evidence to justify his being tried under this Act
for an offence of desertion or absence without leave then, unless he
is in custody for some other cause, the court shall cause him to be
delivered into military custody or commit him as aforesaid, but
otherwise shall discharge him:
  Provided that if he is in custody for some other cause the court
shall have power, but shall not be required, to act in accordance
  82        CAP. 220. ]                MALTA ARMED FORCES   
with this subarticle.
Deserters or 
absentees without 
leave surrendering 
to Police. 
Amended by: 
VIII. 1990.3.
164. (1) Where a person surrenders himself to a Police officer
as being illegally absent from the regular force, the Police officer
shall (unless he surrenders himself at a Police station) bring him to
a Police station.
(2) The Police officer in charge of a Police station at which a
person has surrendered himself as aforesaid, or to which a person
who has so surrendered himself is brought, shall forthwith inquire
into the case, and if it appears to that officer that the said person is
illegally absent as aforesaid he may cause him to be delivered into
military custody without bringing him before the Court of
Magistrates or may bring him before such court.
Certificates of 
arrest or surrender 
of deserters and 
absentees.
Amended by: 
VIII. 1990.3.
165. (1) Where the Court of Magistrates in pursuance of
article 163 deals with a person as illegally absent, then when that
person is delivered into military custody there shall be handed over
with him a certificate signed by the presiding magistrate containing
the particulars as to his arrest or surrender and the proceedings
before the court.
(2) Where under the last foregoing article a person is delivered
into military custody without being brought before a court, there
shall be handed over with him a certificate signed by the Police
officer who causes him to be delivered into military custody
containing the particulars relating to his surrender.
(3) In any proceedings for an offence under article 50 or 51 - 
( a ) a document purporting to be a certificate under either
of the two last foregoing subarticles and to be signed
thereby as required, shall be evidence of the matters
stated in the document;
( b ) where the proceedings are against a person who has
been taken into military custody on arrest or surrender,
a certificate purporting to be signed by a provost
officer or by any officer in charge of a guardroom or
other place where that person was confined on being
taken into custody, stating the fact, date, time and
place of arrest or surrender shall be evidence of the
matters stated in the certificate.
Offences relating to military matters punishable by civil courts 
Punishment for 
pretending to be a 
deserter. 
Amended by: 
XIII. 1983.5.
166.   Any person who falsely represents himself to any military
or civil authority to be a deserter from the regular force shall be
liable on summary conviction to a fine ( multa ) not exceeding fifty
liri or to imprisonment for a term not exceeding three months, or to
both such fine and imprisonment.
Punishment for 
procuring and 
assisting desertion. 
Amended by: 
XIII. 1983.5.
167.   Any person who whether in or outside Malta -
( a ) procures or persuades any officer or man of the regular
force to desert or to absent himself without leave; or 
( b ) knowing that any such officer or man is about to desert
or absent himself without leave, assists him in doing
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
so; or
( c ) knowing any person to be a deserter or absentee
without leave from the regular force, procures or
persuades or assists him to remain such a deserter or
absentee, or assists in his rescue from custody,
shall be liable on summary conviction to a fine ( multa ) not
exceeding fifty liri or to imprisonment for a term not exceeding
three months, or to both such fine and imprisonment.
Punishment for 
obstructing 
members of regular 
force in execution 
of duty. 
Amended by: 
XIII. 1983.5.
168.   Any person who wilfully obstructs or interferes with any
officer or man of the regular force acting in the execution of his
duty shall be liable on summary conviction to a fine ( multa ) not
exceeding fifty liri or to imprisonment for a term not exceeding
three months, or to both such fine and imprisonment.
Punishment for 
aiding 
malingering.  
Amended by: 
XIII. 1983.5.
169.   Any person who, whether in or outside Malta -
( a ) produces in an officer or man of the regular force any
sickness or disability; or
( b ) supplies to or for him any drug or preparation
calculated or likely to render him, or lead to the belief
that he is, permanently or temporarily unfit for service,
with a view to enabling him to avoid military service, whether
permanently or temporarily, shall be liable on summary conviction
to a fine ( multa ) not exceeding one hundred liri or to imprisonment
for a term not exceeding six months, or to both such fine and
imprisonment.
Wrongful sale, etc. 
of public property. 
Amended by: 
XIII. 1983.5; 
VIII. 1990.3.
170.   Any person who designedly makes away with, sells,
pawns, or otherwise disposes of, or wrongfully destroys or
damages, or negligently loses, anything issued to him as an officer
or man of the territorial force, or wrongfully refuses or neglects to
deliver up on demand anything issued to him as an officer or man
of the territorial force, shall be liable, on summary conviction, to a
fine not exceeding twenty liri; and the Court of Magistrates shall, at
the request of the Commissioner of Police, order the person
convicted as aforesaid to pay the value of any such thing in respect
of which he is convicted -
( a ) if he is serving in the force at the time he is convicted,
to his commanding officer; or
( b ) if he is not serving in the force at the time aforesaid, to
the officer who is for the time being commanding the
unit with which he was last serving,
and any order as aforesaid shall have the same effect as a
judgement of that court in its civil jurisdiction.
Unlawful 
purchase, etc.,  of 
military stores. 
Amended by: 
XIII. 1983.5.
171. (1) Any person who, whether in or outside Malta,
acquires any military stores or solicits or procures any person to
dispose of any military stores, or acts for any person in the
disposing of any military stores, shall be guilty of an offence
against this article unless he proves either -
( a ) that he did not know, and could not reasonably be
expected to know, that the things in question were
  84        CAP. 220. ]                MALTA ARMED FORCES   
military stores, or
( b ) that those things had (by the transaction with which he
is charged or some earlier transaction) been disposed
of by order or with the consent of the Commander or
some person or authority who had, or whom he had
reasonable cause to believe to have, power to give the
order or consent, or
( c ) that those things had become the property of an officer
who had retired or ceased to be an officer, or of a man
of the force who had been discharged, or of the heirs or
legatees of a person who had died.
(2) A person guilty of an offence against this article shall be
liable on summary conviction to a fine ( multa ) not exceeding one
hundred liri or to imprisonment for a term not exceeding three
months, or to both such fine and imprisonment.
(3) In this article - 
"acquire" means buy, take in exchange, take in pawn or
otherwise receive (whether apart from this article the receiving is
lawful or not);
"dispose" means sell, give in exchange, pledge or otherwise hand
over (whether apart from this article the handing over is lawful or
not);
"military stores" means any thing of any description belonging to
the Government which has been issued for use for military
purposes or is held in store for the purpose of being so issued when
required, and includes any thing which had belonged, and had been
issued or held, as aforesaid at some past time.
Provisions as to evidence
General provisions 
as to evidence.
172. (1) The following provisions shall have effect with
respect to evidence in proceedings under this Act, whether before a
court-martial, a civil court or otherwise.
(2) A document purporting to be a copy of the attestation paper
signed by any person and to be certified to be a true copy by a
person stated in the certificate to have the custody of the attestation
paper shall be evidence of the enlistment of the person attested.
(3) The attestation paper purporting to be signed by a person on
his enlistment shall be evidence of his having given the answers to
questions which he is therein recorded as having given.
(4) A letter, return or other document stating that any person -
( a ) was or was not serving at any specified time or during
any specified period in any part of the force or was
discharged from any part of the force at or before any
specified time; or
( b ) held or did not hold at any specified time any specified
rank or appointment in any part of the force, or had at
or before any specified time been, attached, posted or
transferred to any part of the force, or at any specified
time or during any specified period was or was not
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
serving or held or did not hold any rank or
appointment in any particular country or place,
shall, if purporting to be issued by or on behalf of the Commander,
or by a person authorised by him be evidence of the matters stated
in the document.
(5) A record made in any service book or other document,
being a record made in pursuance of this Act or of any regulations,
rules or orders made thereunder, or otherwise in pursuance of
military duty, and purporting to be signed by the commanding
officer or by any person whose duty it was to make the record, shall
be evidence of the facts stated therein; and a copy of a record
(including the signature thereto) in any such book or other
document as aforesaid, purporting to be certified to be a true copy
by a person stated in the certificate to have the custody of the book
or other document, shall be evidence of the record.
(6) A document purporting to be issued by order of the
Commander and to contain instructions or orders given by the
Commander shall be evidence of the giving of the instructions or
orders and of their contents.
(7) A certificate purporting to be signed by a person’s
commanding officer or any officer authorised by him to give the
certificate, and stating the contents of, or of any part of, standing
orders or other routine orders of a continuing nature made for -
( a ) any formation or unit or body of troops or any area
garrison or place, or
( b ) any ship, train or aircraft,
shall in proceedings against the said person be evidence of the
matters stated in the certificate.
Proof of outcome 
of civil trial.
Amended by:
XXIV. 1995.360.
173. (1) Where a person subject to military law has been tried
by a civil court (whether at the time of the trial he was subject to
military law or not), a certificate signed by the registrar of the court
and stating all or any of the following matters -
( a ) that the said person has been tried before the court for
an offence specified in the certificate;
( b ) the result of the trial;
( c ) what judgment or order was given or made by the
court;
( d ) that other offences specified in the certificate were
taken into consideration at the trial,
shall for the purposes of this Act be evidence of the matters stated
in the certificate.
(2) The registrar of the court shall, if required by the
commanding officer of the person in question or any other officer,
furnish a certificate under this article.
(3) A document purporting to be a certificate under this article
and to be signed by the registrar of the court shall, unless the
contrary is shown, be deemed to be such a certificate.
  86        CAP. 220. ]                MALTA ARMED FORCES   
Cap.12.
(4) Reference in this article to the registrar of the court include
reference to any of the officers mentioned in article 57(2)( a ) of the
Code of Organisation and Civil Procedure.
Evidence of 
proceedings of 
court-martial.
Amended by:
LVIII. 1974.68;
XXIV. 1995.360.
174. (1) The original proceedings of a court-martial
purporting to be signed by the president of the court and being in
the custody of the Attorney General or of any person having the
lawful custody thereof shall be admissible in evidence on
production from that custody.
(2) A document purporting to be a copy of the original
proceedings of a court-martial or any part thereof and to be
certified by the Attorney General or any person authorised by him,
or by any other person having the lawful custody of the
proceedings, to be a true copy shall be evidence of the contents of
the proceedings or the part to which the document relates, as the
case may be.
(3) This article applies to evidence given in any court in Malta,
whether civil or criminal.
Miscellaneous provisions
Restrictions on 
reduction in rank 
of warrant officers 
and N.C.Os.
175. (1) A warrant officer or non-commissioned officer of the
regular force (other than a lance-corporal or lance-bombardier)
shall not be reduced in rank except by sentence of a court-martial
under this Act or by order of the Commander.
(2) For the purposes of this article reduction in rank does not
include reversion from acting rank.
Temporary 
reception in civil 
custody of persons 
under escort.
176.   Where a person is in military custody when charged with,
or with a view to being charged with an offence against Part III of
this Act, it shall be the duty of the Director of Civil Prisons or the
person in charge of a Police station or other place in which
prisoners may be lawfully detained, upon delivery to him of a
written order purporting to be signed by the commanding officer of
the person in custody to receive him into his custody for a period
not exceeding seven days.
Power of certain 
officers to take 
affidavits and 
declarations.
177. (1) An officer of the regular forces of a rank not below
that of major (hereinafter referred to as an "authorised officer")
may, at any place outside Malta, take affidavits and declarations
from any person subject to military law and from any such other
person as the Minister may by order specify.
(2) A document purporting to have subscribed thereto the
signature of an authorised officer in testimony of an affidavit or
declaration being taken before him in pursuance of this article and
containing in the jurat or attestation a statement of the date on
which and the place at which the affidavit or declaration was taken
and the full name and rank of that officer shall be admitted in
evidence without proof of the signature being the signature of that
officer or of the facts so stated.
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
PART VIII
APPLICATION OF ACT AND SUPPLEMENTAL PROVISIONS
Persons subject to military law
Persons subject to 
military law: 
general provision.
178. (1) The following persons are subject to military law: 
( a ) every officer holding a commission (other than a
commission in the territorial force) and for the time
being employed, or recalled for employment, in the
service in any capacity in which he can be required to
be employed as the holder of his commission;
( b ) every officer as aforesaid who for the time being is not
employed, or not employed as mentioned in paragraph
( a ), but is liable (otherwise than in specified
circumstances only) to be recalled to military service;
( c ) every officer, not subject to military law under the
foregoing provisions of this article, who being the
holder of a commission as aforesaid is employed in
government service in employment of which it is an
express condition that while employed therein he is to
be subject to military law;
( d ) every officer, not subject to military law under the
foregoing provisions of this article, who, with the
approval of the Minister given subject to an express
condition that while in that employment he is to be
subject to military law, is employed otherwise than in
government service;
( e ) every officer holding a commission in the territorial
force who is on the active list (as defined by the
regulations for or applicable to the territorial force) or
on the permanent staff of the territorial force, or who is
not on the said list but is called out on permanent
service or is otherwise serving (whether in pursuance
of an obligation or not) with a body of troops for the
time being subject to military law;
( f ) every man of the regular force;
( g ) every man of the reserve when called out on
permanent service or when undergoing annual or other
training (whether in pursuance of an obligation or not),
or when otherwise employed in government service as
mentioned in paragraph ( c );
( h ) every man of the territorial force when embodied or
called out on special service, when undergoing
training or attending drills or parades (whether in
pursuance of an obligation or not), or when serving on
the permanent staff of the territorial force;
( i ) every person in receipt of a pension in respect of
service in the regular force, or of such service and
other service, who is employed in government service
as mentioned in paragraph ( c ).
  88        CAP. 220. ]                MALTA ARMED FORCES   
(2) For the purposes of paragraph ( d ) of the last foregoing
subarticle a certificate of the Minister that approval to a person’s
employment was given subject to the condition mentioned in that
paragraph shall be conclusive evidence of the facts stated in the
certificate.
(3) References in this article to an officer holding a
commission include references to a person entitled to have a
commission issued to him.
Application of Act 
to civilians.
Amended by: 
XIII. 1983.5.
179. (1) Subject to the modifications hereinafter specified,
where any body of the regular forces is on active service, Parts III
and IV shall apply to any person who is employed in the service of
that body of the force or any part or member thereof, or
accompanies the said body or any part thereof, and is not subject to
military law apart from this article, as the said Parts III and IV
apply to persons subject to military law.
(2) Subject to the modifications hereinafter specified, Parts III
and IV shall at all times apply to a person of such description as
may be prescribed by order made under article 4 who is within the
limits of the command of any officer commanding a body of the
regular force outside Malta, and is not subject to military law apart
from this article, as the said Parts III and IV apply to persons
subject to military law:
  Provided that none of the provisions contained in articles 37 to
74 shall apply to a person by virtue only of this subarticle except
article 42(3), articles 48 and 49, articles 62 to 65, and article 73 so
far as it relates to that subarticle and those articles.
(3) The said modifications are the following:
( a ) the punishments that may be awarded by a court-
martial shall not include any punishment less than
imprisonment except a fine;
( b ) the punishment which may be awarded where a charge
is dealt with summarily shall, in the case of any
offence, be a fine not exceeding twenty-five liri, but no
other punishment;
( c ) the following provision shall have effect in
substitution for article 80(2) to (4), that is to say that a
person may be arrested by a provost officer, by any
warrant officer or non-commissioned officer legally
exercising authority under a provost officer or on his
behalf, or by order of any officer of the regular force;
( d ) where a charge is being dealt with summarily and it
has been determined that the accused is guilty, a
finding shall not be recorded until the accused has
been afforded an opportunity of electing to be tried by
court-martial, and if the accused so elects a finding
shall not be recorded but such steps shall be taken with
a view to the charge being tried by court-martial as
may be prescribed by the Rules of Procedure;
( e ) the provisions of this Act relating to the investigation
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
of, and summary dealing with, offences shall, save as
otherwise expressly provided, apply as they apply to
officers and warrant officers;
( f ) for references in articles 130 and 131 to being,
continuing, or ceasing to be subject to military law
there shall be substituted references to being,
continuing to be or ceasing to be in such circumstances
that the said Parts III and IV apply, and subarticle (3)
of the said article 130 shall not apply.
(4) Any fine awarded by virtue of this article, whether by a
court-martial or the appropriate superior authority, shall be
recoverable in Malta as a civil debt due to the Government.
Application of 
certain parts of Act 
to reserve and 
territorial force.
180. (1) Subject to the provisions of this article, references in
Parts III to VII to the regular force shall include references to the
following persons, that is to say:
( a ) officers of any reserve of officers while subject to
military law, and officers who have retired but are for
the time being subject to military law, and
( b ) officers holding commissions in the territorial force
while the part of the territorial force to which they
belong is embodied or while they are called out for
special service or are undergoing training, and
( c ) men of the reserve and of the territorial force while
subject to military law,
and references to officers, warrant officers, non-commissioned
officers or soldiers, or to men, or to members or a body, of the
regular force or to illegal absence from that force shall be construed
accordingly.
(2) Article 16(1) and (5) shall apply to men of the reserve and
of the territorial force as they apply to men of the regular force.
(3) The power conferred by article 50(3) and article 87(3) to
direct the forfeiture of an offender’s previous service shall not be
exercisable in relation to men of the reserve or of the territorial
force.
(4) Article 50(2)( b ), articles 149 to 151, and except in so far as
they may be applied by regulations made under this Act, the
provisions of Parts III and IV relating to the award of stoppages
and the provisions of articles 143 to 148, shall not apply -
( a ) to officers of any reserve of officers who are not in
actual service;
( b ) to men of the army reserve except when called out on
permanent service;
( c ) to officers and men of the territorial force except when
the part of the territorial force to which they belong is
embodied or they are called out for special service.
(5) In the last foregoing subarticle the expression "actual
service", in relation to an officer of a reserve of officers, means that
  90        CAP. 220. ]                MALTA ARMED FORCES   
he is serving (otherwise than when he is undergoing training) with
a body of the regular force, or of the army reserve when called out
on permanent service, or with members of the territorial forces in
pursuance of any regulations made under article 4.
(6) In the case of a non-commissioned officer or soldier of the
territorial force found guilty of an offence by a court-martial or his
commanding officer, Parts III and IV of this Act shall apply as if in
the scale set out in article 77(2) immediately before paragraph  (g)
thereof there were inserted the following paragraph:
         "( ff )  dismissal from the territorial force",
and as if the punishments specified in article 84(3) included
dismissal from the territorial force:
  Provided that if the commanding officer awards such dismissal
he shall not award any other punishment.
Supplemental Provisions
Jurisdiction. 181. (1) Offences under Part III shall be triable by court-
martial or otherwise dealt with as provided by this Act whether
they are committed in Malta or outside Malta, and the jurisdiction
and powers conferred by this Act to courts-martial, officers and
authorities (other than civil courts) in respect of such offences shall
be exercisable both in Malta and outside Malta.
(2) In Malta a civil court having jurisdiction in the place where
the offender is for the time being shall have jurisdiction to try him
of an offence under this Act triable by a civil court notwithstanding
that the offence was committed outside the jurisdiction of the court
or the offender does not reside within its jurisdiction.
Execution of 
orders, 
instruments, etc.
182.   Save as expressly provided by any regulations, rules or
orders under this Act, any order or determination required or
authorised to be made under this Act by any military officer or
authority may be signified under the hand of any officer authorised
in that behalf; and any instrument signifying such order or
determination and purporting to be signed by an officer stated
therein to be so authorised shall unless the contrary is proved be
deemed to be signed by an officer so authorised.
Provisions as to 
active service.
183. (1) In this Act the expression "on active service" in
relation to the force or part of the force means that it is engaged in
operations against an enemy or is engaged elsewhere than in Malta
in operations for the protection of life or property or (subject to the
provisions of this article) is in military occupation of a foreign
country or territory, and in relation to a person means that he is
serving in or with the force or part of the force which is on active
service.
(2) Where any part of the force is serving outside Malta and it
appears to the Commander that, by reason of the imminence of
active service or of the recent existence of active service, it is
necessary for the public service that the said part of the force
should be deemed to be on active service, he may declare that for
such period, not exceeding three months, beginning with the
                                   MALTA ARMED FORCES                     [ CAP. 220.                       
coming into force of the declaration as may be specified therein,
that part of the force shall be deemed to be on active service.
(3) Where it appears to the Commander that it is necessary for
the public service that the period specified in a declaration under
the last foregoing subarticle should be prolonged or, if previously
prolonged under this subarticle, should be further prolonged, he
may declare that the said period shall be prolonged by such time,
not exceeding three months, as may be specified in the declaration
under this subarticle.
(4) If at any time while any part of the force - 
( a ) is on active service by reason only of being in military
occupation of a foreign country or territory; or
( b ) is deemed to be on active service by virtue of the
foregoing provisions of this article,
it appears to the Commander that there is no necessity for the said
part of the force to continue to be treated as being on active service,
he may declare that as from the coming into operation of the
declaration the force shall cease to be, or be deemed to be, on
active service.
(5) Before any declaration is made under this article, the
Commander shall obtain the consent of the Minister to the
declaration.
(6) A declaration under this article shall have effect not only as
respects the members of the force to which it relates but also as
respects other persons the application to whom of any provisions of
this Act depends on whether that force is on active service.
(7) Any declaration or direction under this article shall come
into operation on being published in general orders.
Savings
Savings. 
Amended by:
XXII. 1976.4.
  * 184.    All regulations and Government Notices made under the
Gun, Rifle and Ranges Ordinance †  or under the Trespass (Naval,
Military or Air Force Lands) Ordinance †  and in force on the date of
the coming into force of this article shall continue to have effect
and shall be deemed to be regulations made or notices issued under
this Act for the purposes of any amendment or revocation thereof. 
*This article originally consisted of three subarticles. Part of the article as originally
enacted has been omitted under the Statute Law Revision Act, 1980. 
†Repealed by this Act.
