Army Act 1881
| Jurisdiction | UK Non-devolved |
| Citation | 1881 c. 58 |
| Year | 1881 |
Army Act, 1881
(44 & 45 Vict.) CHAPTER 58.
An Act to consolidate the Army Discipline and Regulation Act, 1879, and the subsequent Acts amending the same.
[27th August 1881]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Preliminary.
1 Short title of Act.
1. This Act may be cited for all purposes as theArmy Act, 1881.
2 Mode of bringing Act into force.
2. This Act shall continue in force only for such time and subject to such provisions as may be specified in an annual Act of Parliament bringing into force or continuing the same.
3 Division of Act.
3. This Act is divided into five parts, relating to the following subject-matters; that is to say,
Part I., discipline:
Part II., enlistment:
Part III., billeting and impressment of carriages:
Part IV., general provisions.
Part V., application of military law, saving provisions, and definitions.
PART I.
DISCIPLINE.
Crimes and Punishments.
Offences in respect of Military Service.
4 Offences in relation to the enemypunishable with death.
4. Every person subject to military law who commits any of the following, offences; that is to say,
(1) (1.) Shamefully abandons or delivers up any garrison, place, post, or guard, or uses any means to compel or induce a governor, commanding officer, or other person shamefully to abandon or deliver up any garrison, place, post, or guard, which it was the duty of such governor, officer, or person to defend; or
(2) (2.) Shamefully casts away his arms, ammunition, or tools in the presence of the enemy; or
(3) (3.) Treacherously holds correspondence with or gives intelligence to the enemy, or treacherously or through cowardice sends a flag of truce to the enemy; or
(4) (4.) Assists the enemy with arms, ammunition, or supplies, or knowingly harbours or protects an enemy not being a prisoner; or
(5) (5.) Having been made a prisoner of war, voluntarily serves with or voluntarily aids the enemy; or
(6) (6.) Knowingly does when on active service any act calculated to imperil the success of Her Majesty's forces or any part thereof; or
(7) (7.) Misbehaves or induces others to misbehave before the enemy in such manner as to show cowardice,
shall on conviction by court-martial be liable to suffer death, or such less punishment as in this Act mentioned.
5 Offences in relation to the enemy not punishablewith death.
5. Every person subject to military law who on active service commits any of the following offences; that is to say,
(1) (1.) Without orders from his superior officer leaves the ranks, in order to secure prisoners or horses, or on pretence of taking wounded men to the rear; or
(2) (2.) Without orders from his superior officer wilfully destroys or damages any property; or
(3) (3.) Is taken prisoner, by want of due precaution, or through disobedience of orders, or wilful neglect of duty, or having been taken prisoner fails to rejoin Her Majesty's service when able to rejoin the same; or
(4) (4.) Without due authority either holds correspondence with, or gives intelligence to, or sends a flag of truce to the enemy; or
(5) (5.) By word of mouth or in writing or by signals or otherwise spreads reports calculated to create unnecessary alarm or despondency; or
(6) (6.) In action, or previously to going into action, uses words calculated to create alarm or despondency,
shall on conviction by court-martial be liable to suffer penal servitude, or such less punishment as is in this Act mentioned.
6 Offences punishable more severely on activeservice than at other times.
(1)6. (1.) Every person subject to military law who commits any of the following offences; that is to say,
(a .) Leaves his commanding officer to go in search of plunder; or
(b .) Without orders from his superior officer, leaves his guard, picquet, patrol, or post; or
(c .) Forces a safeguard; or
(d .) Forces or strikes a soldier when acting as sentinel; or
(e .) Impedes the provost marshal or any assistant provost marshal or any officer or non-commissioned officer or other person legally exercising authority under or on behalf of the provost marshal, or, when called on, refuses to assist in the execution of his duty the provost marshal, assistant provost marshal, or any such officer, non-commissioned officer, or other person; or
(f .) Does violence to any person bringing provisions or supplies to the forces; or commits any offence against the property or person of any inhabitant of or resident in the country in which he is serving; or
(g .) Breaks into any house or other place in search of plunder; or
(h .) By discharging firearms, drawing swords, beating drums, making signals, using words, or by any means whatever, intentionally occasions false alarms in action, on the march, in the field, or elsewhere; or
(i .) Treacherously makes known the parole, watchword, or countersign to any person not entitled to receive it; or treacherously gives a parole, watchword, or countersign different from what he received; or
(j .) Irregularly detains or appropriates to his own corps, battalion, or detachment any provisions or supplies proceeding to the forces, contrary to any orders issued in that respect; or
(k ) Being a soldier acting as sentinel, commits any of the following offences; that is to say,
(i.) sleeps or is drunk on his post; or
(ii.) leaves his post before he is regularly relieved,
shall, on conviction by court-martial,
if he commits any such offence on active service, be liable to suffer death, or such less punishment as is in this Act mentioned; and
if he commits any such offence not on active service, be liable, if an officer, to be cashiered, or to suffer such less punishment as is in this Act mentioned, and if a soldier, to suffer imprisonment, or such less punishment as is in this Act mentioned.
(2) (2.) Every person subject to military law who commits any of the following offences; that is to say,
(a .) By discharging firearms, drawing swords, beating drums, making signals, using words, or by any means whatever, negligently occasions false alarms in action, on the march, in the field, or elsewhere; or
(b .) Makes known the parole, watchword, or countersign to any person not entitled to receive it; or, without good and sufficient cause, gives a parole, watchword, or countersign different from what he received,
shall on conviction by court-martial, be liable, if an officer, to be cashiered, or to suffer such less punishment as is in this Act mentioned, and if a soldier, to suffer imprisonment, or such less punishment as is in this Act mentioned.
Mutiny and Insubordination.
7 Mutiny and sedition.
7. Every person subject to military law who commits any of the following offences; that is to say,
(1) (1.) Causes or conspires with any other persons to cause any mutiny or sedition in any forces belonging to Her Majesty's regular, reserve, or auxiliary forces, or Navy; or
(2) (2.) Endeavours to seduce any person in Her Majesty's regular, reserve, or auxiliary forces, or Navy, from allegiance to Her Majesty, or to persuade any person in Her Majesty's regular, reserve, or auxiliary forces, or Navy, to join in any mutiny or sedition; or
(3) (3.) Joins in, or being present does not use his utmost endeavours to suppress, any mutiny or sedition in any forces belonging to Her Majesty's regular, reserve, or auxiliary forces, or Navy; or
(4) (4.) Coming to the knowledge of any actual or intended mutiny or sedition in any forces belonging to Her Majesty's regular, reserve, or auxiliary forces, or Navy, does not without delay inform his commanding officer of the same,
shall on conviction by court-martial be liable to suffer death, or such less punishment as is in this Act mentioned.
8 Striking or threatening superior officer.
(1)8. 1. Every person subject to military law who commits any of the following offences; that is to say,
Strikes or uses or offers any violence to his superior officer, being in the execution of his office,
shall on conviction by court-martial be liable to suffer death, or such less punishment as is in this Act mentioned; and
(2) 2. Every person subject to military law who commits any of the following offences; that is to say,
Strikes or uses or offers any violence to his superior officer, or uses threatening or insubordinate language to his superior officer,
shall on conviction by court-martial, if he commits such offence on active service, be liable to suffer penal servitude, or such less punishment as is in this Act mentioned; and
if he commits such offence not on active service, be liable, if an officer, to be cashiered, or to suffer such less punishment as is in this Act mentioned, and if a soldier, to suffer imprisonment, or such less punishment as is in this Act mentioned.
9 Disobedience to superior officer.
(1)9. 1. Every person subject to military law who commits the following offence; that is to say,
Disobeys in such manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office, whether the same is given orally or in writing, or by signal or otherwise,
shall on conviction by court-martial be liable to suffer death, or such less punishment as is in this Act mentioned; and
(2) 2. Every person subject to military law who commits...
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