Mutiny Act 1801

JurisdictionUK Non-devolved
Citation1801 c. 11
Year1801
Anno Regni GEORGE III. Britanniarum Regis,Quadragesimo primo. An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters.

(41 Geo. 3) C A P. XI.

[24th March 1801]

'WHEREAS the raising or keeping a Standing Army within the United Kingdom ofGreat Britain and Ireland in Time of Peace, unless it be with the Consent of Parliament, is against Law: And whereas it is judged necessary by His Majesty, and his present Parliament, that a Body of Forces should be continued for the Safety of the United Kingdom, the Defence of the Possessions of His Majesty's Crown, and the Preservationof the Balance of Power inEurope ; and that the whole Number of such Forces should consist of Eighty-five thousand nine hundred and forty effective Men, including Seven thousand seven hundred and fifteen Invalids: And whereas no Man can be fore-judged of Life or Limb, or subjected in Time of Peace to any Kind of Punishment within this Realm, by Martial Law, or in any other Manner than by the Judgment of his Peers, and according to the known and established Laws of this Realm; yet nevertheless it being requisite, for the retaining all the before-mentioned Forces in their Duty, that an exact Discipline be observed, and that Soldiers who shall mutiny or stir up Sedition, or shall desert His Majesty's Service, be brought to a more exemplary and speedy Punishment than the usual Forms of the Law will allow;' be it therefore enacted by the King'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, That if any Person who isor shall be commissioned or in Pay as an Officer, or who is or shall be listed or in Pay as a Non-commissioned Officer or Soldier, shall, at any Time during the Continuance of this Act, begin, excite, cause, or join in, any Mutiny or Sedition, in any Regiment, Troop, or Company, either of His Majesty's Land or Marine Forces, or shall not use his utmost Endeavours to suppress the same, or coming to the Knowledge of any Mutiny, or intended Mutiny, shall not without Delay give Information thereof to his Commanding Officer; or shall misbehave himself before the Enemy; or shall shamefully abandon or deliver up any Garrison, Fortress, Post, orGuard, committed to his Charge, or which he shall be commanded to defend; or shall compel the Governor or Commanding Officer of any Garrison, Fortress, or Post, to deliver up to the Enemy, or to abandon the same; or shall speak Words, or use any other Means to induce such Governor or Commanding Officer, or others, tomisbehave before the Enemy, or shamefully to abandon or deliver up any Garrison, Fortress, Post, or Guard, committed to their respective Charge, or which he or they shall be commanded to defend; or shall leave his Post before relieved; or shall be found sleeping on his Post; or shall hold Correspondence with, or give Adviceor Intelligence to, any Rebel or Enemy of His Majesty, either by Letters, Messages, Signs, or Tokens, in any Manner or Way whatsoever; or shall treat or enter into any Terms with such Rebel or Enemy, without His Majesty's Licence, or Licence of the General, or Chief Commander; or shall strike or use any Violence against his superior Officer, being in the Execution of his Office; or shall disobey any lawful Command of his superior Officer; or shall desert His Majesty's Service; all and every Person and Persons so offending in any of the Matters before mentioned, whether such Offence shall be committed within this Realm, or in any other of His Majesty'sDominions, or in Foreign Parts, upon Land, or upon the Sea, shall suffer Death, or such other Punishment as by a Court-martial shall be awarded.

S-II Non-commissioned Officers and Soldiers inlisting in any other Regiment, &c. shall be deemed Deserters.

II Non-commissioned Officers and Soldiers inlisting in any other Regiment, &c. shall be deemed Deserters.

II. Provided, and it is hereby declared and enacted, That any Non-commissioned Officer or Soldier, inlisted or in Pay in any Regiment, Troop, or Company, who shall, without having first obtained a regular Discharge therefrom, inlist himself in any other Regiment, Troop or Company, shall be deemed to have deserted His Majesty's Service, and shall in like Manner suffer Death, or such other Punishment as by a Court-martial shall be awarded.

S-III Deserters who shall inlist in another Regiment, &c. may be punished by a Court-martial in such Regiment, &c.

III Deserters who shall inlist in another Regiment, &c. may be punished by a Court-martial in such Regiment, &c.

III. 'And whereas Doubts have arisen, whether Soldiers, who of Right belong to another Corps in which they first inlisted, and from which they have not obtained a Discharge, may be proceeded against and tried for deserting any Corps in which they may afterwards have inlisted, or for any Crime committed by them whilst serving therein;' be it enacted by the Authority aforesaid, That if any Person who is or shall be listed or in Pay, as a Soldier, in any Regiment, Troop, or Company, in His Majesty's Service, shall desert the same, or shall, while serving therein, commit any Offence against this Act, or against the Rules or Articles of War, such Person shall be liable to be tried by a Court-martial, and punished in like Manner as if he had originally inlisted in, and of Right belonged to the same, notwithstanding it shall have been discovered or known that he had previously belonged to same other Regiment, Troop, or Company, and had not been discharged therefrom: Provided always, That if such Person shall be claimed by such other Regiment, Troop, or Company, and be proceeded against as a Deserter therefrom, his subsequent Desertion from any One or more Corps in which he may have unwarrantably inlisted, may (unless he shall already have been tried for the same) be given in Evidence as an Aggravation of his Crime; previous Notice being always given to such Deserter of the Fact or Facts intended to be produced in Evidence upon his Trial.

S-IV Deserter may be adjudged to serve in any Corps abroad for Life, or for a Term of Years;

IV Deserter may be adjudged to serve in any Corps abroad for Life, or for a Term of Years;

IV. And be it further enacted and declared, That in the Case of any Non-commissioned Officer or Soldier 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, if they shall think fit, to serve as a Non-commissioned Officer or Soldier in any of the Corps stationed in any of his Majesty's Dominions beyond the Seas, or in Foreign Parts, for Life, or for a certain Term of Years, according to the Degree of the Offence: And ifsuch Non-commissioned Officer or Soldier shall afterwards (without Leave from His Majesty, or from the Commanding Officer of the Corps, in which he shall be appointed to serve) return into any Part of the United Kingdom orGreat Britain and Ireland , before the Expiration of the Term limited by such Sentence, and shall be convicted thereof by a Court-martial, he shall suffer Death.

S-V The King may grant a Commission for holding Courts-martial, &c.

V The King may grant a Commission for holding Courts-martial, &c.

V. And be it further enacted by the Authority aforesaid, That His Majesty may, from Time to Time, grant a Commission, under the Royal Sign Manual, for the holding of General Courts-martial within the United Kingdom ofGreat Britain and Ireland , in like Manner as has been heretofore used; and may also extend His Royal Warrant to any General Officer having the chief Command of a Body of Forces, within the same, authorizing him to convene General Courts-martial for the Trial of Offences committed by any of the Force under his Command; and that His Majesty may likewise, from Time to Time, by His Royal Commission, empower the Chief Governor or Governors of that Part of the United Kingdom calledIreland , to appoint General Courts-martial, as well as to direct his or their Warrant to any General Officer, having the chief Command of a Body of Troops within the same, authorizing him to convene General Courts-martial, as Occasion may require, for the Trial of Offences committed by any of the Forces under his Command; and also that His Majesty may grant His Warrant to the Governor of Gibraltar , and of any other of His Majesty's Dominions beyond the Seas respectively, or to the Person or Persons there commanding in Chief His Majesty's Forcesfor the Time being, for convening, or authorizing any Officer not under the Degree of a Field Officer, to convene General Courts-martial for the Trial of Offences committed by any of the Forces under their respective Command; all which General Courts-martial shall be constituted, and shall regulate their Proceedings according to the several Provisions herein-after specified.

S-VI Courts-martial may inflict Corporal Punishment for Immoralities, &c.

VI Courts-martial may inflict Corporal Punishment for Immoralities, &c.

VI. And be it further enacted, That it shall and may be lawful to and for such Courts-martial, by their Sentence or Judgment, to inflict Corporal Punishment, not extending to Life or Limb, on any Soldier for Immoralities, Misbehaviour, or Neglect of Duty.

S-VII None shall be tried a Second Time for the same Offence, except in Cases of Appeal.

VII None shall be tried a Second Time for the same Offence, except in Cases of Appeal.

VII. Provided always, and be it hereby declared and enacted, That no Officer or Soldier, being acquitted or convicted of any Offence, shall be liable to be tried a Second Time by the same or any other Court-martial for the same Offence, unless in the Case of an Appeal from a Regimental to a General Court-martial, and that no Sentencegiven by any...

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