Marine Mutiny Act 1824
| Jurisdiction | UK Non-devolved |
| Citation | 1824 c. 14 |
(5 Geo. 4) C A P. XIV.
[23d March 1824]
[This Act and the Schedules are the same as 4 G. 4. c. 12. and the Schedules thereto, except as to Datesand the Sections retained, and Schedule A. to this Act .]
VII Deserters may be transported for Life, &c.
VII. AND be it further enacted and declared, That in case of any Non-commissioned Officer or Marine tried and convicted of Desertion, whensoever the Court Martial which shall pass Sentence upon such Trial shall not think the Offence deserving of Capital Punishment, such Court Martial may, instead of awarding a corporal Punishment, adjudge the Offender, according to the Nature of the Offence, if they shall think fit, to be transported as a Felon for Life, or for a certain Term of Years, and if such Non-commissioned Officer or Marine, having been adjudged to be transported as a Felon, shall afterwards (without Leave from His Majesty, or from the Governor or Commanding Officer of the Place to which he shall have been transported) return into or be found at large without Leaveas aforesaid, or other lawful Cause, within any Part of the United Kingdom ofGreat Britain and Ireland , or in any of the Islands adjacent to or dependant on the same, or in any of His Majesty's Possessions, other than the Place to which he shall have been transported, before the Expiration of the Term limited by such Sentence, and shall be convicted thereof in the ordinary Course of Law, every such Personshall be deemed and adjudged guilty of Felony, and shall suffer Death as a Felon without Benefit of Clergy.
VIII His Majesty, where a capital Punishment is awarded by Court Martial, may order Offenders to be transported.
VIII. Provided always, and be it enacted, That in all Cases wherein a Capital Punishment shall have been awarded by a Court Martial, it shall be lawful for His Majesty, instead of causing such Sentence to be carried into Execution, to order the Offender to be transported as a Felon for Life, or for a certain Term of Years, as to His Majesty shall seem meet; and if the Person so transported in pursuance of such Order from His Majesty shall afterwards (without Leave from His Majesty, or from the Governor or Commanding Officer of the Place to which he shall have been transported) return into any Part ofGreat Britain or Ireland , or into any of the Islands adjacent to or dependant on the same, or into any of His Majesty's Possessionsother than the Place to which he shall have been transported, before the Expiration of the Term limited by such Order, and shall be duly convicted thereof, he shall suffer Death.
XVI Oaths to be taken by Members of General Court Martial.
XVI. And be it further enacted, That in all Trials of Offenders by General Courts Martial to be held by virtue of this Act, every Officer present at such Trials, before any Proceedings be had thereupon, shall take the following Oaths upon the Holy Evangelists, before the Court and Judge Advocate or his Deputy (who are hereby authorized to administer the same), in these Words; that is to say,
'YOU shall well and truly try and determine, according to the Evidence which shall be given in the Matter now before you, between our Sovereign Lord the King's Majesty and the Prisoner to be tried. So help you GOD.'
'IA. B. do swear, That I will truly administer Justice according to an Act of Parliament now in force for the Regulation of His Majesty's Royal Marine Forces while on Shore , and according to the Rules and Articles made in pursuance of the said Act of Parliament for the Punishment of Mutiny and Desertion, and other Crimes therein respectively mentioned, without Partiality, Favour or Affection; and if any Doubt shall arise (which is not explained by the said Act of Parliament or the said Rules and Articles), according to my Conscience, the best of my Understanding and the Custom of War in like Cases: And I further swear, That I will not divulge the Sentence of the Court, until it shall be approved by the Lord High Admiral or Two or more of the Commissioners for executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland ; neither will I, upon any Account, at any Time whatsoever, disclose or discover the Vote or Opinion of any particular Member of the Court Martial, unless required to give Evidence thereof as a Witness by a Court of Justice in a due Course of Law. So help me GOD.'
And so soon as the said Oaths shall have been administered to the respective Members, the President of the Court is hereby authorized and required to administer to the Judge Advocate, or the Person officiating as such, an Oath in the following Words:
'IA. B. do swear, That I will not, upon any Account, at any Time whatsoever, disclose or discover the Vote or Opinion of any particular Member of the Court Martial, unless required to give Evidence thereof as a Witness by a Court of Justice in a due Course of Law. So help me GOD.'
And every such Court Martial is hereby authorized and directed to administer an Oath to every Witness who shall appear before them: And no Sentence of Death shall be given against any Offender by any such General Court Martial as aforesaid, unless Nine Officers present, or where the Court Martial shall consist of SevenMembers, unless Five Officers present, shall concur therein; and if there be more Officers present than Thirteen or Seven respectively, then the Judgment shall pass by the Concurrence of Two Thirds of the Officers present; and no Proceeding or Trial shall be had upon any Offence but between the Hours of Eight of the Clock in the Morning and Four in the Afternoon, except in Caseswhich require an immediate Example: Provided also, that all Witnesses duly summoned by the JudgeAdvocate, or the Person officiating as such, shall, during their necessary Attendance in such Courts, and in going to and returning from the same, be privileged from Arrest in like Manner as Witnesses attending any of His Majesty's Courts of Law are privileged; and that if any such Witness shall be unduly arrested, he shall be discharged from such Arrest by the Court out of which the Writ or Process issued by which such Witness was arrested; or if the Court out of which the Writ or Process issued be not sitting, then by any Judge of the Court of King's Bench inLondon or in Dublin , or the Court of Sessions in Scotland , or Courts of Law in the East or West Indies or elsewhere, according as the Case shall require, upon its being made appear to such Court or Judge, by Affidavit in a summary Way, that such Witness was arrested in going to or returning from or attending upon such Court Martial; and that all Witnesses duly summoned as aforesaid, who shall not attend on the Court Martial, whether the same be a General or Divisional Court Martial, or who attending shall refuse to be sworn or to give Evidence on any Court Martial, shall be liable to be attached in the Court of King's Bench inLondon or Dublin , or Court of Session in Scotland , or Courts of Law in the East or West Indies or elsewhere respectively, upon Complaint made to the said Courts of King's Bench or Court of Session in Scotland , or Courts of Law in the East or West Indies or elsewhere, in like Manner as if such Witness had neglected to attend on a Trial in any Criminal Proceeding in that Court.
XXV Not to exempt any on Shore from ordinary Process.
XXV. Provided always, That nothing in this Act contained shall extend or be construed to extend to exempt any Royal Marine, either Officer or Private Man whatsoever, while on Shore, from being proceeded against by the ordinary Course of Law for Crimes thereby cognizable.
XLI Any Justice may summon Marines having Wife or Children to make Oath of their last Settlement.
XLI. And be it further enacted, That it shall and may be lawful for any Justice of the Peace for the County, Town or Place where any Non-commissioned Officer or Marine shall be quartered in that Part ofGreat Britain called England , in case such Non-commissioned Officer or Private Marine have either Wife or Child or Children, to cause such Non-commissioned Officer or Private Marine to be summoned before him, in the Town or Place where such Non-commissioned Officer or Marine shall be quartered in order to make Oath of the Place of his last legal Settlement (which Oath the said Justice is hereby empowered to administer); and such Non-commissioned Officer or Private Marine as aforesaid is hereby directed to obey such Summons, and to make Oath accordingly; and such Justice is hereby required to take the Examination of such Non-commissioned Officer or Private Marine in Writing, and to give an attested Copy of the...
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