Defence Act 1965

[3 August 1965]

[preamble and words of enactment omitted]

PART I

Interpretation

1 In this Act, unless the context otherwise requires—

"the Army Act" means the Act of the Parliament of the United Kingdom entitled the Army Act1, as amended by any subse quent Act;

"the Board" means the Defence Board established under section 6;

"calling up notice" means the notice to be served by the Governor in accordance with section 17;

"commanding officer" means the officer in command of the Bermuda Regiment;

"embodied", in relation to the regiment or a part thereof, means embodied under section 32;

"exempted person" has the meaning given in section 12;

"the Exemption Tribunal" means the tribunal established under section 8;

"Governor's Orders" means orders made by the Governor under section 11;

"Her Majesty's regular forces" means the Royal Navy and Her Majesty's regular military and air forces, and includes any similar naval, military or air forces raised in any part of Her Majesty's dominions;

"man of the regiment" or "man" includes—

(a) a volunteer who is a woman;

(b) a warrant officer and a non-commissioned officer of the regiment,

but does not include an officer;

"the medical board" means the standing medical board estab lished under section 10;

"member of the regiment" includes an officer;

"military training register" has the meaning given in section 13;

"officer" means a commissioned officer in the regiment;

"prescribed" means prescribed by or under Governor's Orders;

"the regiment" means the military force raised under the author ity of this Act and called the Bermuda Regiment;

"soldier" means a man of the regiment below the rank of Lance-Corporal;

"volunteer" means, according to the context, a person who vol untarily enlists or a person who has voluntarily enlisted in the regiment.

[section 1 amended by 1998 : 31 effective 13 July 1998]

Military service to be performed in Bermuda, except annual camp

2 Subject to section 21(1), nothing in this Act shall require any person to perform any military service, or any non-combatant duty con nected with military service, outside Bermuda.

Raising of Regiment

3 Subject to and in accordance with this Act, there shall be raised and maintained in Bermuda one military force to be called the Bermuda Regiment, consisting of such number of officers and men as may from time to time be determined by the Governor after consultation with the Minister of Finance; and such military force is in this Act referred to as the regiment.

Voluntary enlistment supplemented by compulsory military service

4 The regiment shall be raised and maintained by means of vol untary enlistment, and also, in case voluntary enlistment proves inade quate for the raising or maintenance of the regiment, by means of com pulsory military service, in the manner hereinafter in this Act provided.

Governor acts in his discretion

5 In the exercise of his powers and duties under this Act and any other enactment relating to matters of defence, including armed forces, the Governor shall act in his discretion.

Defence Board

6 (1) The Governor shall by notice in the Gazette appoint annu ally a Board to be called the Defence Board which shall consist of such number of persons, being not less than five nor more than eleven, as the Governor may determine.

(2) Any person appointed to be a member of the Board shall hold office during the Governor's pleasure and unless his appointment is earlier terminated it shall be deemed to terminate one year from the date upon which such appointment took effect.

(3) There shall be a Chairman and a Deputy Chairman of the Board each of whom shall be appointed by the Governor from among the members of the Board and each of whom shall hold office as such during the Governor's pleasure:

Provided that the Board shall be deemed to be properly consti tuted notwithstanding that there is a vacancy in the office of Chairman or Deputy Chairman or of any member.

(4) At any meeting of the Board the Governor may preside over the meeting if, acting in his discretion, he decides to do so but unless the Governor so decides the meeting shall be presided over by —

(a) the Chairman; or

(b) in the absence of the Chairman, the Deputy Chairman; or

(c) in the absence of both the Chairman and the Deputy Chairman, such member of the Board as the members present elect to act as Chairman at that meeting.

(5) Every question or matter to be determined by the Board at any meeting shall be decided by a majority of the votes of the members present and voting on the question or matter:

Provided that in the event of an equal division of votes the per son presiding at the meeting may, if he thinks fit, give a second or cast ing vote.

(6) Fees shall be paid to members of the Board in accordance with the Government Authorities (Fees) Act 1971 [title 14 item 6].

(7) The Board may appoint sub-committees from among their members and every such sub-committee shall consist of a Chairman and such number of sub-committee members as the Board may, in each case, determine, who shall hold office on the sub-committee for such pe riod and on such terms as the Board may determine.

(8) The Board may, with the consent in writing of the Governor, authorize a sub-committee appointed under subsection (7) to perform any of their functions under this Act or other statutory provisions; and the act of any sub-committee so authorized to perform any function of the Board shall be deemed to be an act of the Board when such sub-committee are acting within the scope of their authority.

Governor may consult Board

7 (1) In the exercise of his powers and duties under this Act and any other enactment which relates to matters of defence, including armed forces, the Governor may consult with or take the advice of the Board from time to time as he thinks fit and, without derogation from the gen erality of the provisions of this section, he shall consult with the Board on the following matters —

(a) [deleted]

(b) training;

(d) [deleted]

(e) civil defence contingency planning,

but, notwithstanding that the Governor has consulted or taken the ad vice of the Board on any matter, he may act in his discretion on such matter.

(2) In the exercise of his delegated responsibilities for regiment matters the Minister for the time being responsible for security services may consult the Board.

[section 7 amended by 1998 : 31 effective 13 July 1998]

Exemption Tribunal

8 (1) For the purposes of this Act there shall be established a tri bunal to be called the Exemption Tribunal who shall have the powers and discharge the duties conferred or imposed upon the Exemption Tri bunal by or under this Act.

(2) The provisions of Part 1 of the First Schedule shall have ef fect with respect to the constitution and procedure of the Exemption Tri bunal, to certain powers, duties and immunities of the Tribunal as therein mentioned, to appeals from decisions of the Tribunal, and to the remuneration of members of the Tribunal.

Witnesses before Board

9 (1) The Exemption Tribunal shall have the like powers as a court of summary jurisdiction to summon witnesses and to examine ap plicants and witnesses on oath.

(1A) Subject as hereinafter provided, if any person —

(a) without reasonable cause fails to attend as a witness in accordance with the terms of a summons; or

(b) refuses to make an oath when required to do so by the Tribunal; or

he commits an offence:

Provided that, in respect of a refusal to answer a question, a per son shall not be guilty of an offence if he refuses to answer any question which he could not be required to answer in proceedings before a court of Bermuda.

(2) Where a person commits an offence under this section:

Punishment on summary conviction: imprisonment for 3 months or a fine of $360 or both such imprisonment and fine.

Defence Medical Board

10 (1) For the purposes of this Act there shall be established a standing medical board, to be called the Defence Medical Board, who shall have the powers and discharge the duties conferred or imposed upon the medical board by or under this Act.

(2) The provisions of Part II of the First Schedule shall have ef fect with respect to the constitution of the medical board, and to the re muneration of the members of the medical board.

Governor's Orders

11 (1) Subject to this Act, the Governor may make general or spe cial orders, to be called Governor's Orders, with respect to the recruit ment, organization, government, training, pay and allowances of the regiment and with respect to all other matters and things relating to the regiment, including any matter —

(a) which is expressed by any provision of this Act to be a matter for which provision may be made by Governor's Orders; and

(b) which under any provision of this Act may be or is to be prescribed by Governor's Orders.

(2) Without prejudice to the generality of the powers conferred upon the Governor by subsection (1) provision may be made by Gover nor's Orders for the formation of members of the regiment into sub-units and for posting, attaching or otherwise dealing with such members within the regiment; and for attaching members of the regiment for ser vice with a cadet corps established in Bermuda by or under any Act; and for the constitution of a permanent staff, including adjutants, warrant officers and non-commissioned officers who may be members of Her Majesty's regular forces; and for regulating the appointment, and retirement of officers and men of the regiment and their numbers, ranks and duties; and for the constitution and functions of a promotions board.

(3) Governor's Orders may take the form of applying to the regiment, with such modifications, exceptions or variations as are speci fied in the Orders, the provisions of any order, regulation or instruction made or issued in respect of Her Majesty's regular military forces or of the Territorial Army in the United Kingdom.

(4) Governor's Orders may take the form of authorizing the Deputy Governor to issue instructions providing for any matter with re spect to which, by virtue of this section, Governor's Orders may be made.

(5) Governor's Orders shall not be inconsistent with any of the provisions of this Act.

(6) The power of the Governor to make Governor's Orders under this section shall include a power to revoke or vary any Orders so made.

(7) In making Governor's Orders in respect of regiment matters responsibility for which has been delegated to the Minister for the time being responsible for security services, the Governor shall act on the advice of the Minister.

[section 11 amended by 1992:69 effective 16 July 1992; and by 1998 : 31 effective 13 July 1998]

PART II

Interpretation of Part II

12 (1) In this Part unless the context otherwise requires —

"deferred person" means a person who has been selected for mil itary service but is not immediately required to serve by virtue of section 15(2);

"exempted person" means a person who—

(a) has served for two years or longer as a member of Her Majesty's regular forces or for three years or longer as a volunteer in the regiment; or

(b) is a member of Her Majesty's regular forces; or

(d) is a prison officer within the meaning of the Prisons Act 1979 [title 10 item 32]; or

(e) is in the service of the Government of a part of Her Majesty's dominions outside Bermuda, being a per son whose presence in Bermuda is occasioned solely by his employment in that service; or

(f) is a person in holy orders or a regular minister in any religious denomination recognized by the Governor as such for the purposes of this Act; or

(g) is a patient in a hospital receiving treatment primarily for mental disorder or is, under any law, treated as a person of unsound mind; or

(h) is detained in a prison in Bermuda, or in the senior training school.

(2) For the purposes of this Part every male Commonwealth citizen who possesses Bermudian status for the purposes of the Bermuda Immigra tion and Protection Act 1956 [title 5 item 16] shall, while he is over the age of eighteen years and under the age of twenty-three years, be a spec ified person.

[section 12 amended by 1997:37 effective by notice in Official Gazette; and by 1998 : 32 effective 13 July 1998]

Registration of persons for military service

13 There shall be maintained in such manner and in such form as the Deputy Governor shall determine a register of specified persons (hereinafter referred to as the military training register) showing which of those persons are liable to be selected for military service.

Liability to military service

13A (1) Every specified person—

(a) on attaining the age of eighteen years; or

(b) if he does not become a specified person until he is over the age of eighteen years, then on becoming a specified person,

shall be liable to be selected for military service unless he is and remains an exempted person.

(2) Every specified person on becoming such a person includ ing persons claiming to be exempted or deferred persons and every ex empted or deferred person on ceasing to be such a person shall report to such person at such time and place and in such manner as may be re quired by Governor's Orders.

(3) Every specified person on reporting in accordance with sub section (2) shall furnish in such form as shall be prescribed by Gover nor's Orders the particulars required in such form.

(4) Every specified person who claims to be an exempted or de ferred person shall make available when reporting under subsection (2), or if a member of the Regiment on becoming an exempted or deferred person, such information relating to his claim for exemption or defer ment as may be required.

(5) Any person claiming to be an exempt or deferred person when reporting pursuant to subsection (2) whose claim is not accepted may apply to the Exemption Tribunal for exemption or deferment, as the case may be.

(6) Notwithstanding the other provisions of this section no per son who is a patient in a hospital receiving treatment for mental disorder or is, under any law, treated as a person of unsound mind nor any person who is detained in a prison or in the senior training school shall be required to report while he is such a patient or is treated as a person of unsound mind or is so de tained.

(7) If at any time including any proceedings against a person for a failure to comply with the requirements of this section any question arises as to whether a person is an exempted or deferred person the bur den of proof shall be upon him.

(8) Any person who without reasonable excuse, the proof of which shall be upon him who fails to report under subsection (2) com mits an offence against this Act:

Punishment on summary conviction: imprisonment for 14 days or a fine of $150 or both such imprisonment and fine.

[section 13A amended by 1998 : 32 effective 13 July 1998]

13B [repealed by 1988:2]

Enlistment and period of service of volunteers

14 (1) Volunteers who are Commonwealth citizens may be enlisted into the regiment by such persons and in such manner and subject to such conditions as may be prescribed.

(2) Subject to this Part, a volunteer enlisted into the regiment—

(a) shall be enlisted to serve for a period of three years and two months reck oned from the date of his attestation;

(b) may re-engage before the end of his current term of ser vice for such period as may be prescribed by Governor's Orders but not exceeding four years at a time from the end of that term, and on re-engagement shall make the prescribed declaration before an officer, and so from time to time:

Provided that where a volunteer would, if he had been called up for compulsory service, have been entitled to have the period for which he is liable to serve to be reduced under section 21, then there shall be a corresponding reduction in the period for which he shall be enlisted pur suant to paragraph (a):

Provided further that nothing in this subsection shall entitle a person to re-engage without the approval of the Commanding Officer, or for a period extending beyond a prescribed compulsory retirement age applicable to him:

Provided further that nothing in this subsection shall apply in the case of a volunteer enlisted or to be enlisted to serve in the local permanent staff of the Regiment upon a full-time basis.

[section 14 amended by 1992:69 effective 16 July 1992]

Liability of person registered in the military training register to be selected for military service

15 (1) Subject to this section, any person registered in the military training register shall, while he is over the age of eighteen years and un der the age of twenty-three years, be liable to be selected for military ser vice under this Act.

(2) A person, although he is registered as liable to military training in the military training register and is liable to be selected for military service, shall not be required to serve under this Act if selected—

(a) while he is a volunteer in the regiment; or

(b) while he is enrolled as a full-time student in any school, college or university;

(d) while he is an exempted person such as described in section 12(1), having become such an exempted person after registration; or

(e) after he has been discharged from the regiment in ac cordance with this Part.

[section 15 amended by 1998 : 31 effective 13 July 1998]

Method of selection for service

16 (1) The system by which persons registered as liable to military training in the military training register are to be selected to fill vacancies shall be by ballot.

(2) Provision may be made by Governor's Orders with respect to the method of taking ballots for the purpose of selecting persons as aforesaid and with respect to all matters relating to the selection of per sons by ballot.

(3) In this section "vacancies" means any vacancies which from time to time occur in the establishment of the regiment.

Reporting for medical examination; calling up

17 (1) The Deputy Governor shall prior to the issue of any notices under subsection (2) publish notices in the Gazette and in a newspaper containing lists of persons selected for military service under section 16 requiring such persons to present themselves at such time and place as shall be specified in the notices for medical examination by the medical board and for enlistment.

(2) The Governor shall cause to be served on each person se lected for military service under section 16 a notice requiring him to pre sent himself at the time and place specified in the notices published un der subsection (1) for medical examination by the medical board and for enlistment.

(3) Where a person selected for military service has been medi cally examined after presenting himself pursuant to subsection (2) and has been found to be fit for military service he shall in accordance with Governor's Orders be enlisted and served with a written notice, to be called a calling up notice, requiring him to present himself at such place and time, not earlier than the seventh day after the date of the notice, and to such authority as may be specified in the notice.

(4) Notices provided for in subsections (2) and (3) shall be served not less than seven days prior to the date the person served is re quired to present himself for medical examination and enlistment or call up, as the case may be. In the case of medical examination service shall be by registered post to the last address known to the Deputy Governor of the person to be served or in the case of a calling up notice be hand delivered at the time of enlistment or in the same manner as a notice for medical examination:

Provided that any person who without reasonable excuse fails to report under section 13A(2) or fails to notify a change of address as re quired by Governor's Orders shall be deemed to have been served with a calling up notice on the publication thereof in the Gazette.

(5) Where a person selected for military service and duly served or deemed to have been served with a notice under this section, becomes before the date on which he is required to present himself not

(6) Provision may be made by Governor's Orders for regulating the deferment by the Exemption Tribunal of military service under sub section (5).

Requirement to serve if selected for military service

17A Notwithstanding anything in this Act contained, any person se lected for military service under this Act shall be required to serve in the regiment for a period of three years and two months:

Provided that no person shall be required to serve in the regi ment after he attains the age of thirty-three years.

Failure to report an offence

18 Any person selected for military service who without reasonable excuse, the proof of which shall be upon him, fails to present himself in accordance with a notice duly served on him under section 17(2) or (3) commits an offence:

Punishment on summary conviction: imprisonment for 3 months or a fine of $900 or both such imprisonment and fine.

Period of compulsory service

19 (1) Every person upon whom a calling up notice is duly served shall, on the day on which he is required by the notice to present him self, be deemed to have been duly enlisted in the regiment for a period of three years and two months as if he had been enlisted as a volunteer under section 14.

(2) A person who by virtue of subsection (1) is deemed to have been duly enlisted in the regiment is hereinafter in this Part referred to as a person who has been called up for military service.

(3) Where a person who has been called up for military service has previously served for any period—

(a) in any of Her Majesty's regular forces or as a volunteer in the regiment or in the regular military, naval or air forces of the United States of America; or

(b) in any of Her Majesty's forces or the forces of the United States of America, not being such a force as is referred to in paragraph (a),

then the period of three years and two months for which, by virtue of subsection (1), a person is liable to serve in the regiment shall in his case be reduced by the period of his said previous service:

Provided that —

(i) nothing in this subsection shall be construed so as to derogate from the status or privileges of a person who, under section 12(1)(a), is an ex empted person by reason of his having served for two years or longer as a member of Her Majesty's regular forces or for three years or longer as a volunteer in the regiment; and

(ii) in the case of a person whose previous service is such as is mentioned in paragraph (b), the re duction shall not exceed two years.

Computation of period of service

20 Where a man of the regiment —

(a) becomes an exempted person such as described in sec tion 12(1)(c), (d), (e), (f), (g) or (h), but is not discharged under section 28; or

(b) becomes enrolled as a pupil or student in any school, college or university outside Bermuda or as a full-time student at the Bermuda College; or

(d) is a medically unfit person who is likely to cease to be a medically unfit person,

and his military training is de ferred as provided in section 25, then any period for which his military training is so deferred shall not count as a period of service for the purpose of computing the total period for which he is to serve in the regiment:

Provided that no person shall be required, by reason only of this section, to serve as a man of the regiment after he attains the age of thirty three years.

Obligation to undergo military training

21 (1) Subject to the succeeding provisions of this Part, every man of the regiment shall by way of annual military training during each year of his enlistment —

(i) undergo military training for fifteen days in an-nual camp at such time and at such place in or outside Bermuda as may be prescribed by the
Governor; and

(ii) attend at least forty drills on such days and at such times and places as may be prescribed, and fulfil such other conditions relating to mili tary training as may be prescribed:

Provided that the drills referred to in this section may, at the discretion of the commanding officer and with the approval of the Gover nor, be increased by such number of drills as, in the opinion of the commanding officer, may be necessary in the interests of training or mil itary efficiency and, in respect of any such drills a member of the regi ment shall be paid such remuneration as may be fixed by Governor's Or ders.

(2) Subject to subsection (1) the commanding officer shall have power by order to direct that the men of the regiment or any particular man of the regiment shall attend a specified number of drills during any period specified in the order.

Power to dispense with military training

22 The requirements of section 21 may be dispensed with in whole or in part —

(a) as respects any sub-unit of the regiment, by the Gover nor; and

(b) as respects individual men of the regiment, by the Gov ernor, or, subject to Governor's Orders, by the com manding officer.

Exemption Tribunal may excuse from military training

23 (1) A man of the regiment may apply to the Exemption Tribunal to be excused from undergoing all or any of the military training required by section 21, on the ground that he would thereby be caused undue hardship; and the Exemption Tribunal shall hear the application and shall make such order as appears to them just, and shall inform the Governor by notice of their decision; and where a man of the regiment is excused as aforesaid the Tribunal shall issue to him a certificate ac cordingly.

(2) Where the Exemption Tribunal make an order excusing in whole or in part the attendance of a man of the regiment at annual camp the order may contain a condition that the man so excused shall un dergo additional military training by way of additional drills and any such condition shall be included in the certificate referred to in subsec tion (1).

Exemption Tribunal may excuse from military training on applica tion of employer

24 (1) An employer of a person who is a man of the regiment may apply to the Exemption Tribunal for the person employed to be excused in whole or in part from attendance at annual camp as required by sec tion 21, on the ground that the employer would thereby be caused undue hardship; and the Exemption Tribunal shall hear the application and shall make such order as appears to them just and shall inform the Gov ernor by notice of their decision; and, where a man is excused as afore said, the Tribunal shall issue certificates to him and to his employer ac cordingly.

(2) Where the Exemption Tribunal make an order under this section excusing a man in whole or in part from attendance at annual camp, the order may contain a condition that the man so excused shall undergo additional military training by way of additional drills, and any such conditions shall be included in the certificates referred to in sub section (1).

Deferment of military training

25 (1) Where a man of the regiment —

(a) becomes an exempted person such as described in sec tion 12(1)(c), (d), (e), (f), (g) or (h) but is not discharged under section 28; or

(b) becomes enrolled as a pupil or student in any school, college or university outside Bermuda or as a full-time student at the Bermuda College; or

(d) is a medically unfit person who is likely to cease to be a medically unfit person,

then the military training which he is required to undergo by virtue of this Part may be deferred for any period or periods and from time to time according to the circumstances of the case.

(2) Provision may be made by Governor's Orders for regulating the deferment by the Exemption Tribunal of military training under this section.

the officer commanding that body of regular forces if that officer is of equal or senior equivalent rank to the officer commanding the regiment or that part thereof, as the case may be.

(2) When acting with a body of Her Majesty's regular forces, an officer of the regiment will take rank and precedence below officers of the regular forces of the same or equivalent rank.

Period of embodiment of the regiment

35 The period of embodiment of the regiment, or part thereof, shall be of such duration as the Governor may determine and shall not termi nate until the Governor orders that the regiment or the part thereof, shall cease to be embodied.

PART III

Military offences

36 (1) Any man of the regiment who is found guilty of any of the military offences set out in the Second Schedule shall be liable on con viction by a court of summary jurisdiction to a fine of $2,250 or to im prisonment for 3 months or to both such fine and imprisonment.

(2) When a man of the regiment is found guilty of an offence under paragraph 8 of the Second Schedule the court or officer finding him guilty may make an order providing for the restitution of the prop erty in respect of which he has been found guilty or providing for the payment by him of a sum up to the cost of replacing the public property lost or damaged; and any such order may be enforced as if it were an or der made by a court of summary jurisdiction in a civil cause or action.

(3) Any member of Her Majesty's regular forces or of the regi ment if authorized in writing by the Commanding Officer to arrest of fenders may arrest without warrant any member of the regiment whom he believes on reasonable grounds to have committed a military offence set out in the Second Schedule or any man of the Regiment who commits an offence under section 26.

(4) Any person arrested by a person other than a police officer for committing a military offence or for an offence under section 26 shall be taken forthwith to the Commanding Officer or to such other officer as the Commanding Officer shall appoint.

(5) Any person brought before the Commanding Officer or other officer under subsection (4) shall, unless his case is completed at the time of being brought before the Commanding Officer or other officer, be released on giving an undertaking that he will appear before the person trying his case when called upon unless the Commanding Officer or other officer is satisfied that he will not so appear in which case he shall be kept in military custody.

(6) No person shall be kept in military custody under subsec tion (5) for a period longer than seventy-two hours.

Investigation of charges; powers of commander

37 (1) Subject to subsections (2) and (3), where a man of the regiment is charged with committing an offence under section 26, 32 or 36, the officer commanding the sub-unit of which the man is a member shall investigate the charge and if he con siders that the circumstances are such that the charge may suitably be dealt with by him, he may dismiss the charge, or if he is satisfied that the charge has been proved, he may impose any one of the following punishments—

(a) a fine not exceeding seven days' pay;

(b) if the unit is in camp, confinement to barracks for any period not exceeding seven days;

(d) admonition.

(2) Where a non-commissioned officer of the rank of corporal and below is charged with an offence under section 26, 32 or 36, the of ficer commanding the sub-unit, on investigating the charge, may dismiss the charge, or if he is satisfied that the charge has been proved —

(a) in the case of a lance-corporal or acting corporal may impose any one of the following punishments:

(i) in the case of an acting corporal, reduction to substantive rank or to the ranks;

(ii) in the case of a lance-corporal, reduction to the ranks;

(iii) reprimand;

(iv) admonition;

(b) in the case of a corporal, may impose either of the fol lowing punishments:

(i) reprimand;

(ii) admonition.

(3) In any case where an officer commanding the subunit in which a man is serving has investigated the charge against such man and considers the circumstances are such that the charge may not suit-ably be dealt with by him, or in the case of a charge against a warrant officer or a non-com missioned officer above the rank of corporal, he shall remand such man to appear before the commanding officer who shall investigate the charge, who may dismiss the charge or, if he is satisfied that the charge has been proved, he may impose any one of the following punishments—

(a) a fine not exceeding twenty-eight days' pay;

(b) if the unit is embodied or in camp, detention for any pe riod not exceeding twenty-eight days;

(d) the carrying out of additional fatigue duties or other du ties;

(e) admonition;

(f) in the case of a non-commissioned officer only —

(i) reduction to the ranks or lower grade;

(ii) severe reprimand;

(iii) reprimand.

(4) The Commanding Officer may in addition to or in place of any other punishment he may impose under subsection (3) recommend to the Governor that a man should be dishonourably discharged from the regiment.

(5) The Governor on receiving a recommendation from the Commanding Officer that a man should be dishonourably discharged may so discharge the man or may remit the case to the Commanding Of ficer requiring him to reconsider his recommendation and any other punishment that he has imposed.

(6) When the Commanding Officer is required to reconsider a recommendation for discharge under subsection (5) he shall not impose or alter any other punishment without giving the man in respect of whom the order for dishonourable discharge was made an opportunity to be heard.

(7) Notwithstanding subsection (3) the commanding officer may, after investigating any charge brought in accordance with this sec tion, remand any person so charged for prosecution before a court of summary jurisdiction and such court of summary jurisdiction shall thereafter deal with the matter de novo.

(8) A fine imposed on a man of the regiment under this section shall be paid to the adjutant of the regiment within seven days, and shall be recoverable from any sums due to such man under this Act or before a court of summary jurisdiction in the manner provided by the Magis trates Act 1948 [title 8 item 15], for the recovery of a debt or liquidated demand.

(9) Any sentence of detention imposed under this section shall be of full force and effect notwithstanding that the regiment or sub-unit has ceased to be embodied or in camp since its imposition, and the sen tence shall be served in the barracks or camp area as the commanding officer may direct.

[section 37 amended by 1998 : 31 effective 13 July 1998]

Appeal to the Board

37A (1) Where a man of the regiment ("the appellant") has received a disciplinary punishment under section 37 with which he is aggrieved, he may, within fourteen days of receiving notice of the disciplinary punishment, appeal to the Board by giving notice in writing to the Board and to the person who made the disciplinary award.

(2) The appellant may include with the notice referred to in subsection (1) any representations he wishes to bring to the attention of the Board but, unless the Board otherwise orders, neither the appellant nor the person who made the disciplinary award shall be entitled to appear before the Board.

(3) The Board may call for a report from the person who made the disciplinary award and shall at a meeting determine the appeal.

(4) The Board may—

(a) affirm, reverse or vary any disciplinary punishment imposed by the disciplinary award; or

(b) remit the matter for determination on rehearing by the person who made the disciplinary award with or without any observations the Board thinks fit to make.

(5) The decision of the Board on an appeal shall be final.

(6) Where the Board decides an appeal, it shall forward to the Governor its recommendation with regard to the disciplinary punishment to be imposed, together with the record of the proceedings.

[section 37A inserted by 1998 : 31 effective 13 July 1998]

False statements

38 Without prejudice to anything in the Criminal Code [title 8 item 31], any person—

(a) who, in giving any information for the purposes of this Act, knowingly or recklessly makes any statement which is false in a material particular; or

(b) who, with intent to deceive—

(i) forges or uses, or lends or allows to be used by any other person, any certificate under this Act; or

(ii) makes, or has in his possession, any document so closely resembling any certificate under this Act as to be calculated to deceive,

commits an offence against this Act:

Punishment on summary conviction: imprisonment for 6 months or a fine of $3,600 or both such imprisonment and fine.

Punishment on conviction on indictment: imprisonment for 2 years or a fine of $7,500 or both such imprisonment and fine.

Offences outside Bermuda

39 Sections 36, 37 and 38 and the Second Schedule shall apply in relation to the regiment and the officers and men of the regiment as well when they are outside as when they are within the limits of Bermuda.

Civil offences

40 (1) Any officer or man of the regiment who, while outside the limits of Bermuda —

(a) during any period of military training under this Act; or

(b) while on service with the regiment or any part thereof,

commits a civil offence, commits an offence against this Act.

(2) An offence created by this section shall be triable either summarily or on indictment according as to whether the corresponding civil offence is triable summarily or on indictment.

(3) A person convicted of an offence created by this section shall be liable to such punishment as is specified by law for the corre sponding civil offence:

Provided that where the corresponding civil offence is murder, the person so convicted shall be liable to imprisonment for life.

(4) In this section —

"civil offence" means any act or omission punishable by the law of Bermuda which, if committed in Bermuda, would be punishable by that law;

"corresponding civil offence" means the civil offence the commis sion of which constitutes the offence created by this section.

Certain offences not to be criminal offences

40A (1) Any person found guilty of contravening any provision of this Act other than when the Regiment is embodied, shall not be deemed to have been convicted of a criminal offence.

(2) Subsection (1) shall not apply to any conviction involving dishonesty, to a conviction under section 38 or to a conviction for a civil offence either inside or outside the limits of Bermuda.

Saving for Army Act

41 Nothing in sections 38, 39 or 40 shall affect any liability to which a member of the regiment may be subject under the Army Act under section 33.

Trial of offences

42 (1) Without prejudice to anything in the Criminal Code [title 8 item 31] and ex cept as expressly provided in this Act, offences against this Act shall be prosecuted before a court of summary jurisdiction.

(2) Subject to this Act, courts of summary jurisdiction and the Supreme Court shall have jurisdiction to try a person for any offence against this Act which, by reason of section 39 or 40, may be committed outside the limits of Bermuda notwithstanding that the offence would, but for this subsection, have been committed outside the jurisdiction of the court.

Direction for sentence to be served in Warwick Camp

42A (1) Where a court of summary jurisdiction imposes on a man of the regiment a sentence of imprisonment for a period not exceeding 28 days in respect of an offence under this Act committed when the regiment was not embodied or in camp, the court may direct that the sentence by served in Warwick Camp rather than in prison.

(2) The Commanding Officer shall make arrangements to give effect to the direction of the court under subsection (1).

(3) A man of the regiment who is the subject of a direction of the court under subsection (1) shall be detained at Warwick Camp in the same manner as if he had been ordered to be detained by the Commanding Officer under section 37(3)(b).

[section 42A inserted by 1998 : 31 effective 13 July 1998]

Who may bring and conduct proceedings

43 (1) Proceedings in respect of an offence against this Act shall not, without the written consent of the Attorney-General, be instituted by any person other than the Governor or by an officer duly authorized by the Governor in that behalf.

(2) A prosecution for an offence against this Act may be con ducted before a court of summary jurisdiction by an officer duly autho rized by the Governor in that behalf.

(3) In this section "officer" means an officer in any of Her Majesty's regular military forces or in the regiment.

PART IV

Service pension if killed or disabled

44 (1) Where a person who is a member of the regi ment suffers disablement or is killed as a result of undergoing military training under this Act, or where a person who is a member of the regi ment suffers dis ablement or is killed as a result of service in the regi ment when embod ied, that person or, as the case may be, his de pendants, shall be eligible for the grant of such pension as the Governor may determine in accor dance with this section.

(2) The Governor in determining the amount of any pension to be granted under this section shall be guided by the Pensions and Gra tuities (War Service) Act 1947 [title 9 item 39].

Attendance; pay and allowances

45 (1) Subject to this section, where a member of the regiment is required to attend drills, annual camp, or is embodied, then in respect of his attendance he shall be paid such remuneration by way of basic pay and allowances as may be fixed by the Governor after consultation with the Minister of Finance.

(2) Provision may be made in Governor's Orders for regulating the payment of additional remuneration in exceptional cases.

Duty of employer

46 (1) Where a member of the regiment (not being a person to whom section 47 applies) is in the regular employment of another person and is required by virtue of Part II to undergo military training, or being an officer is required in the course of his duty as such to undergo mili tary training, then his employer shall allow him to undergo military training and —

(a) his employer shall ensure that any leave or holiday to which he would ordinarily be entitled or for which he would ordinarily be eligible shall not be prejudiced or re stricted by reason of his undergoing military training; and

(b) his employer shall ensure that any promotion, privilege or advantage in connection with his employment to which he would ordinarily be entitled or for which he would ordinarily be eligible shall not be prejudiced by reason of his undergoing military training.

(2) Any person who, being an employer of any other person, contravenes any of the provisions of subsection (1), commits an offence:

Punishment on summary conviction: a fine of $1,440; and where a per son is convicted of an offence under this section, the court by which he is convicted may make such order giving effect to any provision of sub section (1) as the court thinks just.

(3) This section and section 47 apply in respect of a member of the regiment, including any volunteer, at any time during the period of his enlistment when the regiment is embodied or he is otherwise called-up for service in the regiment, and such service shall be deemed to be for the purpose of undergoing military training.

[section 46 amended by 1998 : 31 effective 13 July 1998]

Special leave; Government servant attending annual camp

47 (1) A person regularly employed by the Government of Bermuda, otherwise than as an established officer, may be granted spe cial leave for the purpose of attending annual camp as a member of the regiment.

(2) Any period of special leave granted to any person as afore said shall not count against the grant of any other leave for which such person has become, or becomes, eligible.

Equipment to be returned on discharge

48 (1) Where a person (being a man of the regiment) is discharged, or (being an officer) relinquishes his commission or is dismissed, it shall be his duty to deliver up in good order (fair wear and tear only excepted) all arms, clothing and equipment, being public property, issued to him or in his charge, or, in any case where the delivery of the property as afore said is impossible, it shall be his duty to pay into the Consolidated Fund the value thereof.

(2) Any person who fails to comply with any of the foregoing provisions of this section commits an offence:

Punishment on summary conviction: imprisonment for one month or a fine of $360 or both such imprisonment and fine; and where a person is convicted of an offence under this section, the court by which he is con victed may make an order providing for the payment of compensation by the person convicted; and any such order may be enforced as if it were an order made by the court in a civil cause or action.

Notices

49 (1) All notices, orders and instructions required in connection with the administration of this Act shall, except where otherwise ex pressly provided, be in writing.

(2) Forms may be prescribed in respect of any notice, order, certificate or other document to be used for giving effect to any of the provisions of this Act.

Service of notices

50 Any notice or other document which is required or authorized by or under this Act or by or under any order or instruction made or issued thereunder to be given or served on any person may, in any case for which no other provision is made by this Act, be given or served —

(a) by delivering it to that person; or

(b) in the case of the Governor, the Deputy Governor, the Exemption Tribunal, or the Medical Board, by leaving it at the office of the Deputy Governor or sending it by pre paid letter addressed to the appropriate authority at the office of the Deputy Governor; or

(c) in the case of any other person, by leaving it or by sending it in a prepaid letter addressed to him, at his usual or last known place of residence; or

(d) in the case of a corporate body or other body of persons, other than those aforementioned, by delivering it to the secretary or clerk thereof at their registered or principal office, or by sending it in a prepaid letter addressed to the secretary or clerk at that office.

Vesting of property on 23 August 1965

51 [omitted]

Transitional

52 [omitted]

Commencement

53 [omitted.]

Consequential amendments

54 [omitted.]

[the Act was brought into operation on 23 August, 1965]

FIRST SCHEDULE

PART I

Exemption Tribunal (Section 8)

1 The Exemption Tribunal shall consist of a Chairman and not more than five members who shall be appointed by the Governor and shall hold office during the Governor's pleasure; and the Tribunal shall at any sitting be deemed to be duly constituted when the chairman and at least two other members of the Tribunal are present as such:

Provided that if the chairman is unable by reason of illness or other cause to carry out his duties as such, the Governor shall appoint an acting chairman to hold office during the period of the chairman's in capacity.

1A (1) The Minister for the time being having delegated responsibility for security services may appoint a barrister as counsel to the Exemption Tribunal who shall provide legal advice to the Tribunal on the exercise of their functions.

(2) The person appointed under sub-paragraph (1) is not a member of the Exemption Tribunal.

2 (1) The public shall be admitted to all sittings of the Exemption Tribunal where the Tribunal are sitting for the purpose of hearing appli cations made under section 23, 24, 25 or 27:

Provided that the chairman (or, as the case may be, the acting chairman) may with the concurrence of not less than two other members of the Tribunal approve such an application without a sitting of the Tri bunal and in such a case such application shall be deemed to have been approved by the Tribunal.

(2) Subject as aforesaid, the Exemption Tribunal may regulate their own procedure and may fix the times and places for their sittings and
may from time to time adjourn as they think fit.

3 If the members of the Exemption Tribunal are equally divided in opinion with respect to any application made to them, the chairman of the Tribunal shall have and exercise a second or casting vote.

4 No member of the Exemption Tribunal shall be liable to any ac tion or suit for anything done by him as such.

5 The Exemption Tribunal shall keep an adequate written record of their proceedings with respect to every application made to them, and shall include in such record a statement of the grounds on which the application is made and a statement of the reasons for their decision.

6 Fees shall be paid to members of the Exemption Tribunal in ac cordance with the Government Authorities (Fees) Act 1971 [title 14 item 6].

7 (1) If any person is aggrieved by the decision of the Exemption Tribunal with respect to any application made by him under this Act, he may appeal to the Governor, whose decision in the matter shall be final.

(2) No appeal shall lie to the Governor unless —

(a) the aggrieved person gives notice of appeal to the Ex emption Tribunal at the sitting of the Tribunal at which the decision of the Tribunal is communicated to him; and

(b) the grounds of appeal are submitted in writing to the Governor before the expiration of five days from the date of the decision of the Tribunal:

Provided that where an application made by any person has not been granted by the Tribunal, the chairman of the Tribunal shall forth with inform that person of his right of appeal under this paragraph, and, if the chairman fails so to inform that person, that person, if aggrieved by the decision of the Tribunal, may appeal to the Governor on giving notice to the Tribunal and on submitting in writing to the Governor the grounds of appeal, so however, that if he is subsequently informed in writing by the chairman of the Tribunal of his right of appeal, then no appeal shall lie unless, before the expiration of five days from the date on which he has been so informed, he gives notice to the Tribunal and submits to the Governor in writing the grounds of appeal.

(3) When a notice of appeal is given to the Tribunal in accor dance with the foregoing provisions of this paragraph, the Tribunal shall send to the Governor the record of the proceedings relating to the appli cation of the appellant.

8 When an appeal is made to the Governor in accordance with paragraph 7 the Governor after considering the record of the proceedings and the grounds of appeal submitted by the appellant may—

(a) dismiss the appeal; or

(b) give such other direction as he thinks just.

PART II

Defence Medical Board (section 10)

1 The medical board shall consist of seven medical practitioners each of whom shall be appointed by the Governor and shall hold office during the Governor's pleasure.

2 There shall be a Chairman of the medical board who shall be ap pointed by the Governor from among the members of the medical board and shall hold office during the Governor's pleasure:

Provided that if the Chairman is unable by reason of illness or other cause to carry out his duties as such, the Governor shall appoint an acting chairman to hold office during the period of the Chairman's in capacity.

3 For the purpose of examining any person in pursuance of this Act, the medical board shall consist of the Chairman, or in the case of the incapacity of the Chairman, the acting chairman, and two other members nominated by the Chairman or acting chairman, as the case may be.

4 Fees shall be paid to members of the medical board in accor dance with the Government Authorities (Fees) Act 1971 [title 14 item 6].

[first schedule amended by 1998 : 31 effective 13 July 1998]

Bermuda Consolidated Legislation

Defence Act 1965