680
THE NEW ZEALAND GAZETTE.
[No. 33

medium of the Press of anything calculated to act injuriously on the interests of the service, or to excite discontent in the service, are also strictly prohibited.

10. The term “Commanding Officer” as used here means the officer whose duty it is under the provisions of these regulations, or in the absence of any such provisions, under the custom of the service, to deal with any charges preferred against men under his command or to refer it to superior authority.

11. The Commanding Officer of a detachment is vested with the full power of awarding summary punishment accorded to a Commanding Officer of corps.

12. The Officer Commanding the Permanent Militia may, on special occasions, associate together two or more detachments for the purposes of discipline, and place them under the command of the senior officer, and in such cases the powers of the Officers Commanding the several detachments to award summary punishments and convene Boards will, for the time being, remain in abeyance.

13. All gambling in garrisons, camps, or cantonments is forbidden.

(2.) Administration of Discipline.

14. Attention is particularly directed to the fact that it is the duty of an officer or non-commissioned officer who places any person in arrest to deliver at the time, or as soon as practicable, but under any circumstances not later than twenty-four hours thereafter, to the Commanding Officer an account in writing, signed by himself, of the offence with which the person so placed in arrest is charged. If the crime is not delivered in writing at the time, a verbal report to the same effect is to be made. If the crime is not received within twenty-four hours, the Commanding Officer will take proper steps for procuring it, and, if evidence sufficient to justify the detention is not forthcoming at the expiration of forty-eight hours from the time of the committal of the offence, will order the release of the prisoner.

15. Where the charge against any person (not on active service) is not disposed of summarily, and he remains in military custody more than eight days without a Board for his trial being ordered to assemble, the Officer Commanding the detachment shall make a special report of the necessity for further delay by letter or telegram to the Officer Commanding the Permanent Militia. The Officer Commanding the detachment will furnish a similar report in the same manner weekly until the prisoner is released from custody or a Board is assembled for his trial; and the report is to be made whether the prisoner is a patient in hospital or for whatever cause the case is not proceeded with. On receipt of every such report the Officer in Command of the Permanent Militia is to satisfy himself as to the necessity for the continual detention of the prisoner in military custody. Any officer or non-commissioned officer disobeying the above instructions for the confinement and release of prisoners renders himself liable to be proceeded against.

16. Military custody in the case of an officer or non-commissioned officer (not under sentence) usually means arrest, but an officer or non-commissioned officer may, if the circumstances require it, be placed for the purpose of military custody under the charge of a guard, picquet, patrol, or sentry, or of a provost marshal. When attending a Board for trial an officer or non-commissioned officer should be placed under custody of another officer or non-commissioned officer.

17. Arrest means close arrest. An officer in close arrest is not allowed to leave his quarters or tent except for the purpose of taking such exercise under supervision as the medical officer may consider necessary for the preservation of health.

18. An officer when in arrest will not wear sword or belts with his uniform.

19. As a rule it is not desirable, excepting where it appears that the arrest has been made through error, that an officer shall be released from arrest by the officer who ordered the arrest without the sanction of the highest authority to whom the case may have been referred.

20. An officer may, when necessity arises, be placed under arrest by a competent authority on the commission of any offence without previous investigation; but a Commanding Officer, on receiving a complaint, or coming to the knowledge of circumstances tending to incriminate an officer, will not ordinarily place him under arrest until he has satisfied himself by inquiry that it will be necessary to proceed with the case, and report it to superior authority. If he prefers charges against an officer he will invariably place him under arrest. When an officer is placed in arrest the Commanding Officer will invariably report the case without delay to the Officer Commanding the Permanent Militia, whether the officer shall have been subsequently released from arrest or not.

21. An officer who has been placed in arrest has no right to demand a Board upon himself, or after he shall have been released by proper authority to persist in considering himself under the restraint of such arrest, or to refuse to return to the performance of his duty. An officer who conceives himself to have been wrongfully put in arrest or otherwise aggrieved can prefer a complaint in a proper manner through the proper channel.

22. The rules in paragraphs Nos. 17 and 18, which govern the arrest of officers, will apply to non-commissioned officers. A non-commissioned officer charged with the commission of a serious offence will be placed under arrest forthwith; but if the offence is not of a serious nature it may be investigated and disposed of without previous arrest. If on the receipt of a report against a non-commissioned officer there is a doubt as to whether an offence has been committed, the arrest may be delayed until it is decided to proceed against him.

23. Military custody in the case of a man (not under sentence) means confinement under charge of a guard. A man charged with a serious offence will be confined at the time of the commission or discovery of the offence; but in the case of minor offences, such as absence from tattoo and other roll-calls, overstaying a pass, or slight irregularities in quarters, he will not be lodged under charge of the guard; and the investigation of the charge may be held without previous confinement in military custody. A man against whom a charge for a minor offence is pending will not be considered as a prisoner, but will not quit barracks until his case has been disposed of. He will attend all parades, but will not be detailed for duty.

24. If a man refuses to obey an order distinctly given, or resists the authority of a non-commissioned officer, he is to be confined, without alteration, in the guard-room, and immediately reported to the Commanding Officer. When a non-commissioned officer has occasion to confine a man for any offence he should invariably obtain the assistance of one or more men to conduct the offender to the guard-room, and should himself avoid in any way coming into contact with him, except under unavoidable circumstances.

25. A non-commissioned officer or man in a state of drunkenness is, if possible, to be confined alone, and in the prisoners’ room or the guard-room cell until sober. Such men, on being confined, will be searched, with the object of removing knives or other weapons with which they might injure themselves; and men may, when necessary, be deprived of their boots, excepting when the weather is cold and they are likely to suffer in consequence. They are to be visited at least every two hours by a non-commissioned officer of the guard and an escort, in order that their condition may be ascertained. Should any symptoms of serious illness be observed a medical officer is forthwith to be sent for. Non-commissioned officers and men suspected of being drunk are not to be put through any drill exercise, or otherwise tested, for the purpose of ascertaining their condition. When charged with drunkenness care is to be taken that such men are perfectly sober before they are brought before an officer for investigation of the charge. For this purpose twenty-four hours should usually elapse before investigation.

26. Non-commissioned officers and men whilst under examination or trial are to be deprived of any articles they can make use of as missiles, including their caps.

27. An offender while in arrest is not to be required to perform any military duty other than such duties as may be necessary to relieve him from the charge of any cash, stores, accounts, or office of which he may have charge or for which he is responsible. If by error, or in case of emergency, he has been ordered to perform any duty, he is not therefore absolved from liability to be proceeded against for his offence. An offender when in arrest is not to be permitted to bear arms, except by order of his Commanding Officer, in case of emergency or on the line of march.

INVESTIGATION OF CHARGES.

28. The investigation of charges will be carried into effect with the utmost care and deliberate judgment. Every officer before whom a charge is investigated, and who does not dispose of it summarily, will be careful to avoid any expression of opinion as to the guilt or innocence of the person charged.

29. The charges for offences of non-commissioned officers and men committed to military custody will be entered in the guard report. The charges for minor offences in respect of which men have not been taken into military custody will be entered in the minor-offence report. If a non-commissioned officer has been placed under charge of a guard, the entry in the guard report will be made by the commander of the guard. With this exception, all entries against non-commissioned officers in the guard report and minor-offence report will be made in the orderly-room. All charges against men will be investigated without delay in the presence of the prisoner. Prisoners should be disposed of daily (Sundays, Good Friday, and Christmas Day excepted), and when practicable in the morning, before the hour of the Commanding Officer’s parade.