Mutiny Act 1812
| Jurisdiction | UK Non-devolved |
| Citation | 1812 c. 22 |
(52 Geo. 3) C A P. XXII.
[20th March 1812]
'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 this 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 that the whole Number of such Forces should consist of Twohundred and forty five thousand nine hundred and ninety six effective Officers and Men including His Majesty's Forces serving in theEast Indies : And whereas no Man can be forejudged 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 of 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, Thatif any Person who is or 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 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 or Guard 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, to misbehave 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 Advice or Intelligenceto 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 or 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's Dominions, or in Foreign Parts upon Land, or upon the Sea, shall suffer Death, or such other Punishmentas by a Court Martial shall be awarded.
III Soldiers inlisted in any other Regiment, &c. deemed Deserters.
III. Provided always, and it is hereby declared and enacted, That no Non Commissioned Officer or Soldier who shall desert His Majesty's Service, shall be exempt from the Pains and Penalties imposed by this Act for such Offence by again inlisting into His Majesty's Service; but any such Soldier shall, notwithstanding such subsequent Inlistment, 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.
'III. And whereas Doubts have arisen, whether Soldiers, who of Right belong to Corps from which they have deserted, may be proceeded against and tried for deserting any other Corps in which they may afterwards have inlisted, or from His Majesty's Service, if they shall not after such subsequent inlisting have been placed in any Corps, or for any Crime committed by them whilst serving therein;' Be it enacted by the Authority aforesaid, That every such Soldier shall be liable to be tried by a Court Martial, and punished in like manner as if he had originally enlisted in, and of Right belonged to the Regiment, Corps, Troop, Company, Detachment or Party in which he shall be at the time of any subsequent Desertion, or committing any Offence, notwithstanding it shall have been discovered or known that he had previously belonged to some other Regiment, Corps, Troop or Company, Detachment or Party, and had not been discharged therefrom: Provided always, that if such Person shall be claimed by such other Regiment, Corps, Troopor Company, Detachment or Party, 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.
IV Deserter transported;
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, 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 also, if such Court shall think fit, to be at the Expiration of such Term of Years at the Disposal of His Majesty for Service as a Soldier in any of His Majesty's Forces at Home or Abroad for Life, or otherwise, as His Majesty shall think fit; and every such Soldier shall be subject to any Law or Articles of War, for the Punishment of Mutiny and Desertion; and if such NonCommissioned Officer or Soldier, 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 Leave as aforesaid, or other lawful Cause, within any Part of the United Kingdom ofGreat Britain and Ireland , or in any of His Majesty's Possessions abroad 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.
V His Majesty, where Courts Martial award a Capital Punishment, may order Offenders to be transported.
V. Provided, 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 or be found at large without Leave as aforesaid, or other lawful Cause, within any Part ofGreat Britain or Ireland , or in any of His Majesty's Possessions abroad, other 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 as a Felon without Benefit of Clergy.
X Sentence of Transportation in India, &c. notified by Officer commanding in Chief to Judge of Supreme Courts.
X. Provided always, and be it further enacted, That, whenever any Sentence of Transportation passed by any Court Martial holden in theEast Indies or in His Majesty's Settlements of the Cape of Good Hope or Ceylon , or in any Settlement occupied by His Majesty's Forces beyond the Cape of Good Hope , is to be carried into Execution, or Mercy shall be extended to any Offender liable to the Punishment of Death by the Sentence of any such Court Martial, upon Condition of Transportation, the same shall be notified in Writing by the Officer commanding in Chief His Majesty's Forces in India , or in the Absence of the Officer commanding in Chief, then by the Adjutant General for the time being, to some Judge of One of the Supreme Courts of Judicature of the Presidencies of Fort William, Fort Saint George or Bomhay , or the Chief Justice or other Judgeat the Island ofCeylon or the Cape of Good Hope , or any such other Settlement as aforesaid, and thereupon such Judge shall make an Order for the Transportation of such Offender, upon the Terms and for the Time which shall be specified in such Notification, and shall also make such...
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