THE GAMBIA ARMED FORCES

Transcription

1 LA WS OF THE GAMBA The Gabia Ared Forces Cap CHAPTER 19 THE GAMBA ARMED FORCES Arrangeent of Sections Section PART.-EsTABUSHMENT. ORGANZATON AND ApPUCATON OF THE ACT 1. Short title. 2. nterpretation. 3. Raising of Ared Forces. 4. Constitution of each Force. 5. Coposition of Regular Force. 6. Coposition of Reserve Force. 7. Raising and aintenance of Volunteer Force. 8. Full-tie active servic::e. 9. Training of Reserve and Volunteer Force. 10. Eployent of Forces. 11. Coander-in-Chief. 12. Powers of the Coander-in-Chief. 13. The Gabia Ared Forces Council. 14. Secretary to the Council. 15. Functions of the Council. 16. Operational use of Forces. 17. Coand of the Forces. 18. Board of recoendation for appointent to coission and prootion. 19. Resignation and retireent. 20. Reserve of officers. 21 Recruitent.!~5~.,..." 22~. Enlistent. ":\'" ~\.;:, 23. >i..ter of enlistj.1ent.,-...~'~- 24. Re-engageent and extension of services.:. 25. EXtension of ilitary service.. ~~ 26. Discharge. 27. Transfer to reserve. 28. PostPoneent of discharge or transfc?r pending proceedings._for offences 'Right of a warrant officer to discharge on reduction to ranks. 30. Po~r of discharge Right of a' soldier to purchase discharge. 32.' Rules.for reckoning service. '...'. 'i-. LR.O.J/J990,

2 4 Cap. 19 LA WS OF TilE GAMBA 771e Gabia Ared Forces Section 33. Validity of attestation and enlistent. 34. Application of Act. PART n.-servce OFFENCES / 35. Aiding and abetting coission of offences etc. 36. Aiding the eney. 37. Offences by persons in coand when in action. 38. Offences relating to security. 39. Offences relating to prisoners of war. 40. Offences relating to operations. 41. Offences relating to convoys. 42. Wrongful acts in rela.tio!l to aircraft. 43. Low flying. 44. naccurate certificate" 45. Mutiny with violeuce.,,-;..., 46. Mutiny withoufvio'lence. 47. Offences relating to Qlutiny. 48. Disobedience of lawful coand. / 49. Striking or offering vi,olence to superior officer. 50. nsubordinate behaviour. 51. Quan:el&and, disturbance. 52. Disorder. ' 53. Desertion.,.; f },\., 54. Connivance of desertion. 55. Meaning of 'desertion'. 56.' Absence without leave. 57. False ' stateent in respect of leave. 58. Failure to perfor ilitary duties. 59. Abuse of inferiors. 6O. r Scandalous conduct of officers.,/ 61. Malingering. 62. Aiding alingeril~g. 63. Dru~enness., " 64. rregular attest and detention. 65. Negligent or wilful interference with lawful custody. 66. Escape fro custody. 67. Obstruction of Police duties. 68. Obstruction of civil power. 69. Stealing. _ ",;. 70. Extohion. 71. Offeting induceent to escape duty.

3 LA WS OF TlE GAMBA The Gabia Ared Forces Cap. 19 i ~ Section 72. Dishonest exaction. 73. Disturbance in billets. 74. Withholding pay. 75. Offences in relation to docuents. 76. False accusation. 77. Attept to coit an offence under this Act.,,/ 78. Conduct prejudicial to good order and discipline. 79. Causing fires. 80. Unauthorised use of vehicles. 81. Destruction, loss or iproper disposal of property, edal,,/ insignia etc. 82. Miscellaneous offences. 83. Court-artial of civil offences. 84. Conviction for less serious offences. PART ll-tral AND PuNSHMENT 85. Arrest. 86. Power of officers and en to arrest. 87. Appointent and powers of specially appointed persons. 88. Avoiding delay and arrest. 89. nvestigation of charges by coanding officer. 90. Trial by coanding officer etc. 91. Trial by superior coander. 92. Disissal of charges referred to higher authority. 93. Appropriate higher authority. 94. Establishent and convening authority of court-artial. 95. Constitution of a general court-artial. 96. Jurisdiction of a general court-artial. 97. Judge Advocate. 98. Disqualification to serve on a general court-artial. 99. Constitution of a disciplinary court-artial Jurisdiction of a disciplinary court-artial Punishent by a disciplinary court-artial Appointent of a Judge Advocate Disqualification to serve on a disciplinary court-artial Place for sitting of court-artial Offences in respect of court -artial False evidence Obstructing of police officer, arresting officer, or an Decisions of court-artial Court-artial to sit in open court.,(') '0 ] 1:J:j o C Cl 11

4 LAWS OF THE GAMBA 6 Cap. 19 The Gabia Ared Forces Section 110. Findings and sentence Power to convict of offence other than charged Confiring and Reviewing Authority Confiration and review proceedings Directions to the courts-artial for review Liitation of powers of the Confiring and Reviewing Authority Confiration of findings of courts-artial Sentence of death to be approved by the President Right of appeal Review of sentence and iprisonent Review of suary findings and award Findings of insanity Trial of persons ceasing to be subject to this Act No liitation Tie bar Autrefois acquit and autrefois convict Scale of punishent. PART V. -ApPEALS 127. Court of Appeal to hear appeals fro courts-artial Jurisdiction of Court of Appeal Powers of Court of Appeal Substitution of new punishent Appellant to present his case orally or in writing Defence of appeal Jurisdiction of civil court Certificate of civil court President's power to itigate etc Effect of new punishent.,- PART V.-MSCELLANEOUS 137. Seconded ebers of foreign forces ndenity for prison officer, etc Restriction on reduction of ranks of Warrant Officers etc Free passage for ebers of the fo;ces Pretending to be a deserter Assisting a soldier to desert.

5 LAWS OF TlE GAMBA The Gabia Ared Forces Cap. 19 Section 143. Obstructing ebers of the forces in execution of duty Unlawful purchase of ilitary stores Unauthorised use of decorations Existing forces Regulations. j r CHAPTER 19 THE GAMBA ARMED FORCES An Act to ake provision for the raising and aintenance of the Ared Forces of The Gabia, to provide a achinery for its organisation, to establish a code of ilitary discipline and for other atters connected therewith. PART.-EsTABLSHMENT. ORGANZATON AND ApPUCA non OF THE ACT [24TH JUNE ] 1. This Act ay be cited as The Gabia Ared Forces Act. 2. n this Act, unless the context otherwise requires "active service" eans service- (a) in operation against an eney or in a foreign country in operation for the protection of the life or property or relating to the ilitary occupation of a foreign country; (b) in operation for the preservation of public order; (c) for purposes of relief in cases of eergency; and (d) for any other purpose appearing to the President to be expedient; "appropriate superior authority" in relation to any person subject to this Act eans the persons holding any of the ranks specified in section 93 of this Act; 2 of of n Cl " :rj Cl C " :rj ill Cl z if) Short title.»!!l -F,,- nterpretatjoij. ~ 1-1» ~ 1-1 ~ ~i ~. LR.O.J/J~

6 LA WS OF THE GAMBA 8 Cap. 19 The Gabia Ared Forces 1 of "Ared Forces" eans the Ary, the Navy, the Air Force, and the Gendarerie, of The Gabia; "ary service" eans service under the provisions of this Act otherwise than service in the Reserves; "boy" eans a ale person enlisted in accordance with subsection (3) of section 22 of this Act and who has not attained the age of eighteen years; "civil court" eans the Supree Court and any court established by an Act of Parliaent; "civil offence" has the sae eaning assigned to it as in section 83 of this Act; "Coanding Officer" in relation to any person, eans the Coanding Officer of that person or such other officer coanding the unit to which such person belongs or is attached; "Copetent Authority" eans the Chief of Defence Staff, the Co~der of each Force or such other officer to who power has been delegated; "Constitution" eans the Constitution of the Republic of The Gabia; "continuous service" in relation to a an eans the period for which such an was enlisted, coencing with the date of his original attestation or the date on which he attains the age of eighteen years; "court -artial" eans a court convened under this Act or a person authorised under this Act to try offences coitted by persons subject to this Act; "date of attestation" in relation to any person, eans the date on which' he is attested in accordance with the provisions of regulations ade under this Act; "defence establishent" eans any establishent declared by the President or any person authorised in that behalf by hi to be a defence establishent, and includes any property therein; "eney" includes all persons engaged in ared operations against the Ared Forces of The Gabia or part thereof and includes ared utineers, ared rebels, ared rioters and pirates; "Forces" eans the Forces raised under section 3 of this Act; "Force Coander" eans the officer appointed by the President

7 LA WS OF THE GAMBA The Gabia Ared Forces Cap. 19, under section 11 of this Act to have the coand, direction and general superintendence of any particular Force raised under this Act; "an" eans any person, other than an officer, who is enlisted in, or who is attached or seconded otherwise than as an officer to, any of the Ared Forces; "aterial" eans all ovable public property, other than oney provided for the Ared Forces or for any other purpose under this Act and includes any vessel, vehicle, aircraft, anial, issile, ars, aunition, clothing, stores, provision or equipent so provided; "Minister" eans the Minister for the tie being responsible for Defence; "ilitary" shall be construed as relating to all or any of the Ared Forces; "utiny" eans a cobination of two or ore persons subject to this Act or between two persons at least one of who is subject to this Act- (a) to overthrow or resist lawful authority in the Ared Forces or any forces co-operating therewith or any part thereof; (b) to disobey such authority in such circustances as to ake subversive of discipline, or with the object of avoiding any duty or service against or in connection with operation against the eney; or (c) to ipede the perfoi:ance of any duty or service in the Ared Forces or any forces co-operating therewith or any part thereof; "officer" eans- (a) a person coissioned by the President to any of the Ared Forces; or (b) any person who is attached or seconded as an officer to any of the Ared Forces; "public property" eans all oney and property belonging to (a) the Governent; (b) any corporation established by Parliaent; (c) any copany in which the Governent S the ajority shareholder; y ~ 'f;) 10 :2 ::0 0 C ~ 11 ::0 (j) l (.) Z en :t>!:! r :j c c: -i ::0» ::j :s: z -i 1 ~ LR.O./

8 10 Cap. 19 LA WS OF THE GAMBA The Gabia Ared Forces Cap. 10 Raising of Anned Forces. Constitution of each force. "recruiting officer" eans a person authorised as such under section 21 of this Act; "Reserve" eans the body of troops coprised of those persons who are subject to Reserve service in accordance with section 6 of this Act; "Reservist" eans a eber of the Reserve; "service custody" eans the holding under arrest or in confineent of any person by the Ared Forces and includes confineent in a service prison or detention barrack; "service estate" eans the following parts of the estate of a deceased officer or an in the Ared Forces- (a) pay and allowances in respect of his service in such Forces; (b) personal equipent that such officer or an is peritted to retain under regulations ade under this Act; and (c) personal belongings, including cash, found on such officer or an, or in cap, quarters or otherwise in the case of custody of such Forces; "soldier" includes a an, and subject to the provisions of this Act, a warrant officer and non-coissioned officer but does not include an officer; "steal" has the sae eaning assigned to it as in the Criinal Code; "stoppages" eans the recovery, by deduction fro the pay of the offender of a specified su by way of copensation for any expense, loss or daage occasioned by the offence; "superior officer" eans any officer or an who in relation to any other officer or an, is by this Act or by regulations ade thereunder or by custo of the appropriate Force, authorised to give a lawful coand to that other officer or an; "unit" eans a battalion or any other foration of troops which has been declared to be a unit by the Force Coander. 3. n accordance with the provisions of this Act, there shall be raised and aintained in The Gabia, an Ary, a Navy, an Air Force and a Gendarerie to be collectively known as the Ared Forces of The Gabia. 4. (l) Each of the Forces specified in section 3 of this Act shall consist of a Regular Force and a Reserve Force.

9 LA WS OF TlE GAMBA The Gabia Ared Forces Cap. 19 ~ (2) The Regular Force and the Reserve Force shall consist of such units and other eleents and shall be under the iediate supervision and control of such officers as ay be prescribed. 5. Each Regular Force shall consist of- (a) officers coissioned by the President under the provisions of this Act; (b) en enlisted in accordance with regulations ade under this Act. 6. Each Reserve Force shall consist of officers who the President has transferred to such Reserve and en who have been transferred thereto in accordance with the ters of their enlistent. 7. (1) There ay be raised and aintained in The Gabia for the Ared Forces, Volunteer Forces consisting of such units or eleents as ay be deeed necessary by the President for the purpose of rende~ng service under this Act. (2) The Minister ay, with the approval of the President, ake regulations to govern the procedure and conditions relating to the raising and the aintenance of such Volunteer Force. 8. (1) Each Regular Force or part thereof shall be on continuing full-tie ilitary service and shall at all ties be liable to be eployed on active service. (2) The whole or any part ofthe Reserve or the Volunteer Force ay be ordered by the President to be on continuing full-tie ilitary service. (3) Such Reserve or Volunteer Force or any part thereof shall, while on such continuing full-tie ilitary service, be liable to be eployed on active service. (4) Where the whole or any part of a Reserve or Volunteer Force has been ordered to be on continuing full-tie ilitary service, the officers and en of such Reserve or Volunteer Force or part thereof shall, during the period of such service, be deeed for all purposes, except for purposes as ay be prescribed, to be a part of the corresponding Regular Force. (5) Until such tie as the President ay by Order terinate a continuing full-tie ilitary service of a Reserve or Volunteer Force under subsection (2) of this section, all officers and en so ordered shall reain in such service. 1 CopositiOQ of Regular 11 Force.. i i, copositio1 of Reserve Force. Raising and aintenance of Voluntee Force.

10 LA WS OF THE GAMBA 12 Cap. 19 The Gabia Ared Forces (6) The President ay, whenever he dees it necessary, call out the Reserve or any part thereof to aid the civil power in the aintenance of order and the preservation of the public peace. (7) Reservists called out for service under this section shall not be liable to serve at anyone tie for a period exceeding twenty-eight days. Training of Reserve and Volunteer Forces. Eployent of Forces. Coanderin-Chief. 9. There shall, fro tie to tie, be called out for training, the whole or any part of the Volunteer or Reserve Force. 10. (1) Each of the Forces specified in section 3 of this Act shall be charged with the defence of The Gabia and with such other duties as ay, fro tie to tie, be deterined by the President. (2) An officer of the Gendarerie shall have the sae powers and protection and shall be liable to perfor the sae duties as any police officer. (3) Officers of the Gendarerie shall also have the powers and functions of ilitary police for the purpose of the Ared and Security Forces. (4) The President ay order that any officer or an in the Ared Forces shall proceed to any place outside The Gabia for the purpose of undergoing instructions or training or for duty or eployent. 11. (1) The President shall, as provided in section 31 of the Constitution, be the Coander-in-Chief of The Gabia Ared Forces. (2) For the Coand-of the Ared Forces and each of the Forces raised under section 3 of this Act, there shall be appointed by the Coander-in-Chief, the following officers- (a) an officer styled as Chief of Defence Staff who shall, subject to the general direction of the Coander-in-Chief and such regulations as ay be prescribed, be charged with the responsibility for the adinistration of the Ared Forces as a whole; (b) an officer styled as Coander of The Gabia Gendarerie who shall, subject to the general direction of the Coanderin-Chief and such regulations as ay be prescribed, be charged with the control of the Gendarerie; (c) an officer styled as Coander of The Gahia National Ary... itv snal, ~uojccl [0 lhe generat dlfec[lol or the Coanderin-Chief and such regulations as ay be prescribed, be charged with the control of the Ary; "

11 LAWS OF THE GAMBA The Gabia Ared Forces Cap. 19 l~ (d) an officer styled as Coander of The Gabia Navy who shall, subject to the general direction of the Coander-in-Chief and such regulations as ay be prescribed, be charged with the control and adinistration of the Navy; (e) an officer styled as Coander of The Gabia Air Force who shall, subject to the general direction of the Coander-in Chief and such regulations as ay be prescribed, be charged with the control and adinistration of the Air Force. (3) The Chief of Defence Staff and each other Coanders referred to in subsection (2) of this section, ay delegate to any officer under his coand such of his functions, other than the function of delegation, as he ay, fro tie to tie, dee expedient. 12. Subject to the provisions of this Act the responsibilities of the Powers of 'j Coander-in-Chief shall include- the (a) the power to coission persons as officers in each of the Forces raised under section 3 of this Act; (b) the power to order any of the said Forces to engage in operations for the defence of The Gabia, for the preservation of public order, for the relief in cases of eergency, or for any other purpose appearing to the Coander-in-Chief to be expedient; (c) the power to disiss a eber of the Ared Forces or to order a eber of the Ared Forces not to exercise any authority vested in hi as a eber thereof until the Coander-in Chief otherwise directs. Coandert in-chief. 13. (1) There is established by this section, The Gabia Ared The Gabia ~ Forces Council, hereafter in this Act referred to as 'the Council'. ~~~ (2) The Council shall consist of the following ebers-. (a) the Coander-in-Chief; (b) the Chief of Defence Staff; (e) the Minister responsible for Defence; (d) the Coander of The Gabia National Ary; (e) the Coander of the The Gabia Navy; (f) the Coander of The Gabia Air Force; (g) the Coander of The Gabia Gendarerie; Council. '-"f ' :1;] j;> ::; lti \~ i (fl ~ ~, i L.R.O./990!

12 14 Cap. 19 LA WS OF THE GAMBA The Gabia Ared Forces (h) the Peranent Secretary of the Ministry responsible for Defence; and (i) such other persons as the Coander-in-Chief ay appoint. (3) The Coander-in-Chief shall preside at all eetings of the Council and where he is absent or for any other reason unable to attend, he shall appoint soe other person to preside. (4) Where any eber of the Council is unable to attend any of its eetings or perfor his duties as such eber, the Coanderin-Chief ay appoint soe other person to act in his place during the period of his inability to attend. Secretary to the Council. Functions of the Council. Operational use of Forces. Coand of the Forces etc. 14. The Peranent Secretary of the Ministry responsible for Defence shall be the Secretary to the Council. 15. (1) The Council shall advise the Coander-in-Chief on all atters relating to the control and adinistration of the Ared Forces. (2) n the discharge of its functions under subsection (1) of this section, the Council shall not concern itself with the operational use of any of the Forces..16. (1) Subject to the general direction and control of the Coander-in-Chief, responsibility for the operational use of the Forces shall be vested in the Chief of Defence Staff. (2) The Coander-in-Chief ay give a Force Coander such directions with respect to the operational use of his Forces in The Gabia for the purpose of aintaining and securing the public safety and public order, and the Force Coander shall coply with those directions or cause the to be coplied with. 17. (1) The Minister ay, with the approval of the President, ake regulations as to persons in who coand over units or any eber thereof is vested and as to the circustances in which such coand.. is to be exercised, and, without prejudice to the generality of theforegoing, ay in such regulations provide for the duties, functions and powers of the Force Coander, his ilitary staff and the officers, warrant officers, non-coissioned officers and soldiers. (2) f the whole or any part of the Forces is required to act with any other ilitary force, the President ay place the Force or such pdl i. ':,;;.i ;;.uf ui,jel di~ Lull4dllJ u1' lhc uffi":ci LOnl1jj~.ulJ.tng ::.udl Olill!f force if that officer is senior in rank to all the officers of the Forces or such part thereof.

13 L.R.O./19, LA WS OF THE GAM81A 77ze Gabia Ared Forces Cap. 19 (3) Where any part of the Forces is acting in co-operation with any other force, the Coander of that part of the Forces ay, in agreeent with the Coander of that other force, define the powers of conunand and the order of precedence of the officers, warrant officers and non-coissioned officers of the Forces in relation to an officer, warrant officer, or non-coissioned officer of such other force who is of the sae or equivalent rank. (4) n so far as powers of coand depend on rank a eber of any foreign force who- (a) is acting with any unit; or (b) is a eber of a body or any of such force which is acting with any unit; shall have the like powers as a eber of the Forces of corresponding rank and for the purpose of sections 50 and 86 of this Act, any such eber of the said force shall be treated as if he were a eber of the Forces of corresponding rank. 1 H1. (), (5) The appointent of a person to a coission in the Ared Forces shall be notified in the Gazette, subject to any other requireents prescribed by regulations ade under this Act. (6) No officer shall be prooted in the Ared Forces unless such officer has been recoended by the Board established in accordance with the provisions of subsection (1) of this section. (7) The prootion of any officer in the Ared Forces shall be notified in the Gazette (1) For the purposes of coissioning and prooting officers Board to ~ in the Ared Forces there shall be constitut~d a Board, consis~ing ~~;,~~~~ ~ of such persons and governed by such procedures as ay be prescnbed to. c~- g by regulations ade under this Act lsslo~ an c;). prootions (2) No person shall be appointed to a coission in the Ared ~ Forces unless he has been recoended by the Board established in [il accordance with the provisions of subsection (1) of this section. ;g z (jj (3) Any person recoended for appointent to a coission,» ay either be appointed for an indefinite period or for a specific tie. (4) Every officer on appointent shall be issued with a coission ~ in the for prescribed by regulations and signed by the President. 19. The resignation or retireent of any officer fro the Ared Resignation' Forces shall be notified in the Gazette. an~ ~ 11 retireents. j

14 LA WS OF THE GAMBA 16 Cap. 19 The Gabia Ared Forces Reserve of officers. Recruitent. Enlistent. Ter of enlistent. Re-engageent and extension of service. 20. A Reserve of officers consisting of those officers of the Anned Forces who have been pennitted to retire fro the active service shall be aintained. 21. Any person or authority in who responsibility to recruit has been conferred by regulation ade under this Act, ay enlist recruits for the Forces. 22. (1) Any person who offers to enlist in the Anned Forces shall be provided with a prescribed for setting out the questions to be answered on attestation and stating the general conditions of the enlistent to be entered into by hi. (2) No person shall be enlisted in the Ared Forces unless the person or authority authorised to recruit is satisfied that the person being enlisted- (a) has been provided with the prescribed for; (b) understands the questions and conditions set out therein; and (c) expresses his willingness to enlist. (3) where any person who has not attained the age of eighteen years offers hiself for enlistent, the recruiting authority shall not enlist such person unless the consent in writing of the parent or guardian or where the parents and guardian are dead or unknown, the Coissioner of the Division in which such person resides or the District Chief or village Alkali, or a Justice of the Peace, has been given. 23. (1) A person ay. be recruited for enlistent for a period not exceeding twelve years in the first instance in the Ared Forces or in the Reserve, or partly in the Ared Forces and partly in the Reserve,. as ay be prescribed in his ter of enlistent. (2) Where the person enlisting has not attained the age of eighteen" years, his period of enlistent shall coence fro the date he attains the age of eighteen years. 24. (1) With the approval of the Copetent Authority, any soldier ay, before or after copleting the ter of his ilitary service, be re-engaged for a further period or periods of ilitary service or service in the Reserve. (2) Any soldier re-engaged under this section after the ter of his twelve years continuous service, shall be deeed to have copleted all Reserve service due by hi.

15 LAWS OF THE GAMlHA nu! Gubia Ared Forces Cap (3) Subject to the provisions of subsections (4) and (5) of this section, no soldier shall be re-engaged for a ter exceeding a total of six years. (4) Subject to the provisions of subsection (5) of this section, any soldier who has copleted a period of eighteen years of ilitary service after attaining the age of eighteen ay, if he so desires and with the approval of the Copetent Authority, continue to s!!rve to coplete twenty-two years of ilitary service, in all respects as if his tel of ilitary service has still not expired: Provided that- (a) it shall be la w ful for hi to clai his discharge at the expiration of any period of three onths after he has given notice to his Coanding Officer of his wish to be discharged; and (b) it sh:ll be bv.. ful fur ilis Coll1anding Officer to give three onths nolici.: uf illlention to discharge hi. (5) Any soldier,,\,lu has cupleted a period of twenty-two years of ilitary service afta allaining th.: age of eighteen ay, if he so desires and with the awroval of the Copetent Authority, continue [0 serve in all respects as if his ter of ilitary service has still not expired: Provided that- (a) it shall be lawful for hi to clai his discharge at the expiration of any period of three onths after he has given notice to his Coanding Officer of his wish to be discharged; and (b) it shall be lawful for his Coanding Officer to give hi three onths nutice of intention to discharge hi. 25. (1) Where the terlll of ilitary service of a soldier expires during a state of war, hostilities, insurrection, civil disorder or a state of public eergency, he llay be retained to continue his ilitary service for such further period as the Copetent Authority with the approval of the Minister ay direct. (2) Such continuation of ilitary service under subsection (1) of this section shall be counted in coputing his total ter of continuous ilitary service. Extension of ilitary service. 26. (1) Subject [0 lhe provisions of this Act, every soldier who Discharge. becoes ql!lalitied for disdl:.trgc shall, without delay, be discharged, but until such soldier is discharged, the provisions of this Act and L.R.O.lj990

16 LA WS OF THE GAMBA 18 Cap t, GWllbiu Ared Forces _. _ _.. Transfer to the Reserve. any regulations, :ules or Code ade thereunder shall continue to apply to hi. t~. '..~.. - ' '- :: (2) When a soldier ""flu is listed to be discharged is serving out of The Gabia, he sharhbe [(;tued to The Oabia'free of cost, with all convenient spe~d, and shall be discharged on his arrival or, if he consents to his discharge being delayed, within six onths fro the date of his ~rr.ivai. (3) Except in pursuan('~ 0~' l;1c sentence of a court-artial ade under this Act,,; s!)ldier shall not be discharged unless his discharge has been authorised by'_ 0'-";';:( of the Copetent Authority in accordance with ;-.!g'j~,r;jils ade under rhis Act. (4) Every sold:er "luii c,;: given on his discharge, a Certificate of Discharge COll:'_;;llill~ su:h p:lrticulars as ay be prescribed, but where a soldier::; disch:irgej within six onths of the date of attestation, he skdl L.;[ t.: e,.litled to receive a Certificate of Discharge. (5) A soldier WL0 i.,> Lli:,...:h;;rged-~n The G.. uilbia shall be entitled to be conveyed fr:..:c u;x,:;:, ;u.:1 [f.e place when! he is discharged to the place state 1 in Lis alrcst:ltion paper to be the place where he was attested, er lo ;.;~j p;ace at which he intends to reside and to which he can be c0iiveyed with no greater cost... ~{ ~f:;" ":~ 27. (1) Save <!J oth~n.,y;si! provided in this Act, every soldier upon falling to be transtcrred w the Reserve; shall be so transferred, but until such transkr shall reain subject to the provisions. of this Act orally re~.ulations, rules or Code ade thereunder: (2) When a sq(!icr vjho rabs tobe transferred to the Reserve is serving out of The G~H!O;:.t he shall be returned to The Gabia free of cost with ::11 cunvc[;icnc speed and shall be transferred to the Reserve on his arri v... l or, if he consents to his transfer being delayed, within six onths ti'o the date of his arrival. (3) A soldier.. \'ho is transferred to the Reserve in The Gabia shall be entitled to be (.'v)-veyed free of cost fro the place where he is transferred :0 thc fll:.tce stated in his attestation paper to be the place where he was '.H(e:~d or to any place at which he intends to reside and to \-,liicl. :-.;; ':U:1 b~ conveyed with no greater cost. (4) Notwithst:.u:-Jillg "u.ytl:iug in this sc-':lion, the 'Copetent Authority ay, when a soldier Hs.rlG~be transkr.red to the Reserve under this section, discil.,."ge s..;ch soldier fonhwith without giving any reason and in such case ti-,e p;cvisiuns of section 26 of this Act shall apply.r

17 LA WS OF TlE GAMBA The Gabia Ared Forces Cap (1) Notwithstanding anything in this Part of this Act, a soldier Postponeshall not be entitled to be discharged or transferred to the Reserve d,,!enhat of. h h h b ' bl b. lsc at a tie w en e as ecoe la e, as a person eg proceeded transfer rge r against for an offence against any of the provisions of this Act; ~.ing E but this section shall not apply where it is detennined that the offence offe~~ ~. shall not be tried by court-artial. (2) Notwithstanding anything in this Part of this Act, a soldier who is serving a sentence of iprisonent or detention iposed by a court-artial under this Act or by his Coanding Officer shall not be entitled to be discharged or transferred to the Reserve during the currency of the sentence. 29. A warrant officer who is reduced to the ranks ay thereupon clai to be discharged unless a state of war, insurrection, hostilities or a public eergency exists. 30. The Copetent Authority ay discharge a soldier at any tie during the currency of his ter of engageent. 31. (1) A soldier shall be entitled to clai his discharge at any tie within six onths after the date of his first attestation and if he akes such a clai, he shall on payent of such aount as the Minister ay, by Order published in the Gazette fro tie to tie prescribe, be discharged with all convenient speed, but until discharged, shall reain subject to this Act or any regulation, rules or Code ade thereunder. (2) Notwithstanding the provisions of this section, no soldier shall be entitled to clai his discharge at a tie when, or so long as, soldiers are required to prolong their services under the provisions of section 25 of this Act. Right of a warrant officer to discharge n reduction t ranks. t") Power to ~ discharge. 1[5 Right of a g soldier to purchase 1 discharge. :xl 5 of sg Cl z Ul ~ ;:0 32. (1) n reckoning the service of any soldier for discharge or Rules for re-engageent or transfer to the Reserve, there shall be excluded reckoning service. therefro- (a) all periods during which he has been absent fro his duty for any of the following causes-.. =l Cl ~ ::z:j :t> =i :s: z -l (ii) desertion; (iii) absence without leave exceeding twenty-eight days; and LRO~

18 LA WS OF TilE GAMBA 20 Cap. 19 The Gabia Ared Forces (b) any period ordered by a court-artial to be forfeited. (2) Regulations under this Part ay ake provision for restoring service excluded by the provisions of subsection (1) in consideration of good service or on other grounds justifying the restoration of service so excluded. Validity of attestation and enlist ent. Application of Act. 33. (1) Where a person has ade such declaration upon his attestation as ay be prescribed and has thereafter received pay as a soldier- (a) the validity of his enlistent shall not be called in question on the grounds of any error or oission in his attestation paper; (b) after the expiration of a period of three onths fro the date on which he ade the said declaration, he shall be deeed to be validly enlisted notwithstanding any non-copliance with _the requireents of this Act or any regulations ade thereunder as to enlistent or attestation or any other ground whatsoever (not being an error or oission in his attestation paper) and he shall be deeed to be a soldier until his discharge. (2) Where a person has received pay as a soldier without having previously ade such declaration as prescribed in subsection (1) of this section, then- (a) he shall be deeed to be a soldier until discharged; (b) he ay clai his discharge at any tie and if he akes such clai, the clai shall be subitted as soon as ay be to the Copetent Authority who shall cause hi to be discharged with all convenient speed. ;~ (3) Nothing in this section shall be construed as prejudicing the. deterination of any question as to the ter for which a person. was enlisted or as preventing the discharge of a person who has not claied his discharge. 34. (l) The following persons and no others shall be subject this Act and any regulations ade thereunder- (a) every officer and an of each Regular Force; (b) every officer and an of each Regular Reserve or Vu.u... Force, when he is- (i) undergoing drill or training whether in unifor or

19 LAWS Of THE GAMBA 17le Gabia Ared Forces Cap. 19 (ii) in unifor; (iii) on duty; (iv) on continuing, full-tie ilitary service; (v) on active service; (vi) in or on any vessel, vehicle or aircraft of the Ared Forces or in or on any defence establishent or work for defence; (vii) serving with any unit or other eleent of a Regular Force; or (viii) present, whether in unifor or not, at any drill or training of a unit or other eleent of the Ared Forces; 11 (e) subject to such exceptions, adaptations, and odifications as the Minister with the approval of the President, ay by regulation prescribe, a person who, pursuant to law, is -attached or seconded as an officer or an, to one of the Ared () fu~; ~ (d) every person, not otherwise subject to this Act, who is serving in the position of an officer or an of any force raised and aintained out of The Gabia and coanded by an officer of the Ared Forces; (e) every person, not otherwise subject to this Act, who accopanies any unit or other eleent of the Ared Forces that is on service in iy place; (f) every person, not otherwise subject to this Act, who in respect of any service offence coitted or alleged to have been coitted by hi, is in civil custody or in service cu~tody; and :0 o ~ (J) "0 o Z (J) :r> td r :j o c -l :0 ):> (g) every person, not otherwise subject to this Act, while serving =l with the Ared Forces under an engageent whereby he s: agreed to be subject to this Act. ~ -1 (2) Every person entioned in subsection () of this section at the tie of the alleged coission by hi of the service offence, shall continue to be liable to be charged, dealt with and tried in respect of that offence under this Act, notwithstanding that he ay have, since the coission of that offence, ceased to be a person entioned in that subsection..1

20 22 Cap. 19 LA WS OF THE GAMBA The Gabia Ared Forces (3) Every person who, since the alleged coission by hi of a service offence, has ceased to be a person entioned in subsection (1) of this section, shall for the purposes of this Act, be deeed, for the period during which under that Act he is liable to be charged, dealt with and tried, to have the status and rank that he held iediately prior to the tie when he ceased to be a person entioned in that subsection. (4) Subject to subsections (5) and (6) of this section every person who is alleged to have coitted a service offence ay be charged, dealt with and tried only within the Ared Forces in which he was coissioned or enlisted. (5) Every person who, while attached or seconded to an Ared Force other than the Ared Force in which he was coissioned or enlisted, ay be charged, dealt with and tried either within that other Force as if he belonged to that other Force, or within the Force in which he was coissioned or enlisted. (6) Every person who, while ebarked on any vessel or aircraft of an Ared Force other than the Force in which he was coissioned or enlisted, is alleged to have coitted a service offence, ay be charged, dealt with and tried either within that other Force as if he belonged to that other Force, or within the Force in which he was coissioned or enlisted.. (7) Every person serving in the circustances specified in paragraph (d) of subsection (1) of this section, who, while so serving, is alleged to have coitted a service offence, ay be charged, dealt with and tried within the Ared Force in which his coanding officer is serving. (8) For the purposes of this section, a person accopanies a unit or other eleent of the Ared Forces that is on service if such person- (a) participates without that unit or other eleent in the carrying out of any of its oveents, anoeuvres, duties in aid of the civil power, duties in a disaster, or war-like operations; (b) is accoodated or provided with rations at his own expense otherwise than by that unit or other eleent in any country or at any place designated by the President; (e) is a dependant out of The Gabia of an officer or an serving beyond The Gabia with that unit or other eleent; or (d) is ebarked on a vessel or aircraft of that unit or other eleent.

21 LAWS OF TlE GAMBA 35. (1) Every person who- The Gabia Ared Forces Cap. 19 PART n.-servce OFFENCE (a) does or oits to do any act for the purpose of enabling or aiding another person to coit an offence; (b) aids or abets another person in coitting an offence; (c) counsels or procures any person to coit an offence, shall be guilty of an offence and on conviction thereof shall be liable to the sae punishent as the person found guilty of coitting that offence. (2) When a person intending to coit an offence begins to put his intention into execution by eans adapted to its fulflent, and anifests his intention by soe overt act, but does not fulfl his intention to such an extent as to coit the offence, he is deeed to attept to ~oit the offence. t is iaterial that by reason of circustances not known to the offender it is ipossible in fact to coit the offence. Aiding an~1 abetting cornissio of offences ~ 36. Every person subject to this Act who- Aiding the eney. (a) abandons or delivers-up any place, post, ilitary establishent, vessel or aircraft which it is his duty to defend, or induces any person to abandon or deliver-up any such place, post, ilitary establishent, vessel or aircraft which it is that person's duty to defend; (b) iproperly delays or discourages any action against the eney; (c) goes over to the eney; (d) furnishes the eney with ars, aunition or with supplies of any description; (e) harbours or protects an eney not being a prisoner of war; (f) iproperly casts away or abandons any aterial in the presence of the eney; (') o \~ 10 ' ~ 11 1:0 'T] (f) " ~ OJ i6) inlij.0r.;cl1y JVL;:' vi 0ill~i.;, lj tiu..tltj,.lij;,g illetl l,,->-ii,:, ill lilt: capture by the eney of persons, or the capture or destruction by the eney of aterial; L.R.O./~

22 24 Cap. 19 LA WS OF THE GAMBA The Gabia Ared Forces (h) When on watch in the presence or vicinity of the eney, leaves his post before he is regularly relieved, or sleeps, or is drunk; (i) behaves before the eney in such a anner as to show cowardice; or (j) does or oits to do anything calculated to iperil the success of operation of the Ared Forces or of any Forces co-operating therewith, shall be guilty of an offence and on conviction, if he acted treasonably, shall suffer death, and in any other case, if the offence was coitted in action, shall be liable to suffer death or to any less punishent provided by this Act, or if the offence was coitted otherwise than in action, shall be liable to iprisonent for life or to any less punishent pro~ided by this Act. Offences by persons in coand when in action. 37. Every person in coand of a ilitary establishent, unit, vessel, aircraft, place, post or other eleent of the Ared Forces who- (a) when under orders to carry out an operation of war or on coing into contact with an eney that it is his duty to engage, does not use his utost exertion to bring the officers and en under his coand or his ship, vessel, aircraft, or his other aterial into action; (b) being in action does not, during the action, in his own person and according to his rank, encourage the officers and en under his coand to fight courageously; (c) when capable of aking a successful defence, surrenders the defence establishent, vessel, aircraft, aterial, unit or other eleent of an Ared Force to the eney; (d) being in action iproperly withdraws fro the action; (e) iproperly fails to pursue an eney or to consolidate a position gained; (j) iproperly fails to relieve or assist a known friend to the utost of his power; or (g) when in action iproperly forsakes his station; shall be guilty of an offence and on conviction thereof if he acted treasonably, shall suffer death; if he acted with cowardice, shall be liable to suffer death or any less punishent provided by this

23 LAWS OF TlE GAMBA The Gabia Ared Forces Cap. 19 2~ Act and in any other case shall be liable to disissal with disgrace; fro the Ared Forces or to any less punishent provided by this Act. 38. Any person subject to the provisions of this Act, who- Offences relating to security. (a) iproperly holds counication with or gives intelligence to the eney; (b) without authority discloses in any anner whatsoever, any inforation relating to the nubers, position, aterial, oveents, preparations for operations or operations of any of the Ared Forces or of any forces co-operating therewith; (c) without authority discloses in any anner whatsoever, any inforation relating to the cryptographic syste, aid, process, procedure, publication or docuent of any of the Ared Forces or of any forces co-operating therewith; (d) akes kn~wn the parole, watchword, password, countersign, call-sign or identification signal to any person not entitled to receive it; (e) gives a parole, watchword, password, countersign, call-sign or identification signal different fro that which he received; (/) akes known the nuber, description or location of any prisoner of war to any person not entitled to know it, shall be guilty of an offence and on conviction, if he acts treasonably, shall suffer death, and in any other case shall be liable to iprisonent for life or to any less punishent provided by this Act. 39. Every person subject to this Act who- ~ :s T J: C C!:: rr H l: T (J', "i: C Z (f :to!.!, "'" T Offences c: relating to ~ ) la b y want 0 fd ue precauton,. or th roug h d' SO bed' lence 0 f or d ers war. prisoners of k :t> or wilful neglect of duty, is ade a prisoner of war; ~ (b) having been ade a prisoner of war, fails to rejoin the Ared Forces when required to do so or discourages or prevents any other person subject to this Act who has been ade a prisoner of war fro taking any reasonable steps to rejoin the Ared Forces; or (c) having been ade a prisoner of war, serves with or aids the eney; shall be guilty of an offence and on conviction thereof, if he acted L. R. 0.1/ T :2-1

24 LA WS OF THE GAMBA 26 Cap. 19 The Gabia Ared Forces treasonably, shall suffer death and in any other case shall be liable to a ter of iprisonent for life or to any less punishent provided by this Act. Offences relatinll to operations. Offences relating to convoys. 40. Every person subject to this Act who- (a) does violence to any person bringing aterial to any of the Ared Forces or to any forces co-operating therewidi; (b) irregularly detains any aterial being conveyed to any unit or other eleent of the Ared Forces or any forces cooperating therewith; - (c) irregularly appropriates to the unit or other eleent of the Ared Forces with which he is serving, any aterial being conveyed to any other unit or eleent of such Forces or of any forces co-operating therewith; (d) without orders fro his superior officer, iproperly destroys or daages any property; (e) breaks into any house or other place in search of plunder; (f) coits any offence against the property or person of any inhabitant or resident of a country in which he is serving; (g) steals fro or with intent to steal searches, the person of any person killed or wounded, in the course of war-like operations; (h) steals any oney or property that has been left exposed or unprotected in consequence of war-like operations; or (i) takes otherwise than for the service of The Gabia, any oney or property abandoned by the eney; shall be guilty of an offence and on conviction thereof, if he co-, itted any such offence on active service, shall be liable to iprisonent for life or to any less punishent provided by this Act, and in any other case shall be liable to disissal with disgrace fro the Ared Forces or to any less punishent provided by this Act. 41. Any person who, while serving in one of the ships or vessels of The Gabia Navy involved in the convoying and protection of another ship or vessel- (a) fails to defend any ship, vessel or goods under convoy; (b) refuses to fight in the defence of a ship or vessel in his convoy when it is attacked;

25 LA WS OF THE GAMBA The Gabia Ared Forces Cap. 19, (c) cowardly abandons or exposes a ship or a vessel in his convoy to hazard; shall be guilty of an offence and on conviction thereof shall be liable to suffer death or any less punishent provided by this Act. 42. Any person who- (a) in the use of, or in relation to, any aircraft or aircraft aterial, wilfully or negligently, or by neglect of or contrary to regulations, orders, or instructions, does any act or oits to do anything, which act or oission causes or is likely to cause a loss of life or bodily injury to any person; (b) wilfully or negligently, or by neglect of or contrary to regulations, orders, or instructions, does any act or oits to do anything, which act or oission results or is likely to result in daage to or destruction or loss of any aircraft or aircraft aterial of the Ared Forces or of any forces co-operating therewith; or (c) during a state of war, wilfully or negligently causes the sequestration by or under the authority of a neutral State, or the destruction in a neutral State, of any aircraft of the Ared Forces or of any forces co-operating therewith, shall be guilty of an offence and on conviction, if he acted wilfully, shall be liable to iprisonent for life or to any less punishent provided by this Act and in any other case shall be liable to iprisonent for a ter of two years or to any less punishent provided by this Act. Wrongful acts in relation to aircraft. 43. Any person subject to this Act, who flies an aircra ft at a Low flying. height less than the prescribed iniu, shall be guilty of an offence ~ and on conviction thereof shall be liable to iprisonent for a ter of two years or to any less punishent provided by this Act. 44. Any person who signs an inaccurate certificate in relation naccurate to an aircraft or an aircraft aterial, unless he proves that he took certificate. reasonable steps to ensure that it was accurate, shall be guilty of an offence and on conviction thereof shall be liable to iprisonent for a ter not exceeding two years or to any less punishent provided by this Act. 45. Every person who takes part in a utiny that is accopanied ~utiny with by violence shall be guilty of an offence and on conviction thereof Violence. LR.O./l ::c V "ij o z V l>,!2 =i

26 LAWS OF THE GAMBA 28 Mutiny without violence. Offences relating to utiny, Cap. 19 The Gabia Ared Forces, shall be liable to suffer death or to any less punishent provided by this Act. 46. Every person who takes part in a utiny that is not accopanied by violence shall be guilty of an offence and on conviction thereof shall be liable to iprisonent for life or to any less punishent provided by this Act. ~(b) 47. Every person who- (a) incites any person subject to this Act to take part in a utiny whether actual or intended; causes or conspires with any other person to cause a utiny; (c) endeavours to persuade any person to take part in a utiny; (d) being present, does not use his utost endeavours to suppress a utiny; _ (e) being a~are of an actual or intended utiny, does not, without delay, infor his superior officer thereof; shall be guilty of an offence and on conviction thereof shall (i) if his offence was coitted with intent to assist the eney, be liable to suffer death or any less punishent provided by this Act; and (ii) in any other case, be liable to iprisonent or any less punishent provided by this Act. Disobedience of lawful coand. 48. Every person who disobeys a lawful coand of a superior officer shall be guilty of an offence and on conviction thereof shall be liable to iprisonent for a ter of five years or to any less punishent provided by this Act. Strik!ng or 49. Every person who strikes or draws or lifts-up a weapon, or- ~r~i~n~ to a uses, or offers violence, against a superior officer, shall be guilty surcrior of an offence and on conviction thereof shall be liable to iprisonof leer. ent for life or to any less punishent provided by this Act. nsubordinate behaviour. 50. Every person who uses threatening or insulting language to, or behaves with contept towards, a superior officer, shall be guilty of an offence and on conviction thereof shall- (i) if his offence was coitted on active service, be liable to iprisonent for a ter of two years; and

27 LA WS OF TlE GAMBA The Gabia Ared Forces Cap. 19 (ii) in any other case, be liable to disissal with disgrace fro the Ared Forces or to any less punishent provided by this Act. 51. Every person who quarrels or fights with any other person who is subject to this Act or who uses provoking words or gestures towards a person so subject, tending to cause a quarrel or disturbance, shall be guilty of an offence and on conviction thereof be liable to iprisonent for a ter not exceeding two years or to any less punishent provided by this Act. 52. (1) Every person subject to this Act who- (a) being concerned in a quarrel, affray or disorder, refuses to obey an officer, though of an inferior rank, who orders hi into arrest, or strikes, or uses or offers violence to any such officer;! i Quarrels Jd disturbanj Disorder. (b) strikes, or uses or offers violence to any other person in whose custody- he is placed, whether or not such other person is his superior officer and whether or not such other person ~ is subject to this Act; (c) resists an escort whose duty it is to apprehend hi or to have hi in charge; or (d) breaks out of barracks, station, cap, quarters or ship; shall be guilty of an offence and on conviction thereof shall be liable to iprisonent for a ter not exceeding two years or to any less punishent provided by this Act. (2) Every person subject to this Act who- (aj spreads reports relating to operations of The Gabia Ared Forces or of any forces co-operating therewith or of any part of those. forces, being reports calculated to create despondency or unnecessary alar; or (b) when before the eney, uses words calculated to create despondency or unnecessary alar; shall be guilty of an offence and on conviction thereof be liable to iprisonent for a ter not exceeding two years or to any less punishent provided by. this Act. 53. (1) Every person subject to this Act who on active service Desenion. or when under orders for active service-. " o c Cl i L. R. 0.1/19 i

28 LA WS OF THE GAMBA 30 Cap. 19 The Gabia Ared Forces (a) deserts; or (b) persuades or procures any person subject to this Act to desert, shall be guilty of an offence and on conviction thereof be liable to iprisonent for life or any less punishent provided by this Act. (2) n addition to, or in lieu of, any punishent authorised by subsection (1) of this section, the court-artial by who such person is convicted for desertion ay direct that the whole or part of his service previous to the periods as respect which he is convicted of having been a deserter shall be forfeited. Connivance of desertion. Meaning of desertion. 54. Every person who- (a) being aware of the desertion or intended desertion of a person fro the Ared Forces, does not without reasonable excuse infor his superior officer forthwith; or (b) fails to take any steps in his power to cause the apprehension of a person known by hi to be a deserter; shall be guilty of an offence and on conviction thereof shall be liable to iprisonent for a ter not exceeding two years or to any less punishent provided by this Act. 55. (1),For the purposes of this Act, a person deserts who (a) being on, or having been warned for, active service or other iportant service, is absent without authority, with the intention of avoiding that service; (b) having been warned that his vessel is under sailing orders, is absent without authority, with the intention of issing that vessel; (c) absents hiself without authority fro his unit or foration or fro the place where his du'ty requires hi to be, with the intention of not returning to that unit, foration or place; (d) is absent without authority fro his unit or foration or fro the place where his duty requires hi to be, and at any tie during such absence, fors the intention of not returning to that unit, foration or place; or (e) while absent with authority fro his unit or foration or the place where his duty requires hi to be, with the intention of not returning to that unit,... '~l\}:'! -.;. t-:'"'~':' 0\.,(;;, any act, or oits to do anything, the natural and probable consequence of which act or oission is to preclude his return

29 LAWS OF THE GAMBA The Gabia Ared Forces Cap. 19, to that unit, foration or place at the tie required. (2) A person who has been absent without authority for a continuous period of six onths or ore shall, unless the contrary is proved, be presued to have deserted, for the purposes of this Act (1) Every person subject to this Act who (a) absents hiself without leave; or (b) persuades or procures any person subject to this Act to absent hiself without leave; shall be guilty of an offence and on conviction thereof be liable to iprisonent for a ter not exceeding two years or to any less punishent provided by this Act. (2) A person absents hiself without leave who "\. (a) without authority leaves his unit, foration or place where his duty requires hi to be; (b) without authority is absent fro his unit, foration or place where his duty requires hi to be; or (c) having been authorised to be absent fro his unit, foration or place where his duty requires hi to be, fails to return to that unit, foration or place at the expiration of the period for which his absence was authorised. Absence without leave. 57. Every person who knowingly akes a false stateent for False.state- ~ the purpose of prolonging his leave of absence, shall be guilty of =t~f res- ~ an offence and on conviction thereof shall be liable to iprison- leave. ~ ent for a ter not exceeding two years or to any less punishent ~ provided by this Act. 58. Every person subject to this Act who without excuse- Failure to perfor (a) fails to attend any parade or other ilitary duty of any descrip- il!tary t On; or duties. (b) leaves any such parade or duty, shall be guilty of an offence and on conviction thereof shall be liable to a ter of iprisonent not exceeding two years or to any less punishent provided by this Act. 59. Every person subject to this Act who strikes or otherwise Abuse of ill-treats any person in the Ared Forces, who by reason of rank inferiors. '0 o ] :::tl o C Cl 11 :::tl Cl) 1:J a c:: LR.O.J/J990

30 32 Cap. 19 LAWS OF THE GAMBA The Gabia Ared Forces or appointent is subordinate to hi, shall be guilty of an offence and on conviction thereof shall be liable to iprisonent for a ter not exceeding two years or to any less punishent provided by this Act.. :andalous nduct of 'ficers. [alingering. iding alingering. 60. (1) Every officer who behaves in a scandalous anner unbecoing of an officer, shall be guilty of an offence and on conviction thereof shall be disissed fro the Ared Forces with or without disgrace. (2) Every person in the Ared Forces, who behaves in a cruel or disgraceful anner shall be guilty of an offence and on conviction thereof shall be liable to iprisonent for a ter not exceeding five years or to any less punishent provided by this Act. 61. Every person subject to this Act, who- (a) falsely pretends to be suffering fro sickness or disability; or (b) feigns disease or produces disease or infirity; or (c) aggravates or delays the cure of any disease or infirity by isconduct or wilful disobedience of orders; or (d) wilfully ais or injures hiself or any other person who is in the Ared Forces or of any forces co-operating therewith, whether at the instance of that person or not, with intent thereby to render hiself or that other person unfit for service, or causes hiself to be aied or injured by any person with intent thereby to render hiself unfit for service, shall be guilty of an offence and on conviction thereof, if he coits the offence on active service or when under orders for active service, or in respect of a person on active service or orders for active service, shall be liable to iprisonent for a ter not exceeding five years or to any less punishent provided by this Act and in any other case, shall be liable to iprisonent for a ter not exceeding two years or to any less punishent provided by this Act. 62. Any person who- (a) produces in an officer or soldier of the Ared Forces any sickness or disability; or (b) supplies to, or for, hi, any drug or preparation calculated or likely to render hi, or lead to the belief that he is, peranently or teporarily unfit for service,

31 LA WS OF THE GAMBA The Gabia Ared Forces Cap. 19 with a view to enabling hi to avoid ilitary service, whether peranently or teporarily, shall be guilty of an offence and shall be liable on conviction thereof to iprisonent for a ter not exceeding twelve onths or to any less punishent provided by this Act. 63. (1) Any person subject to this Act who is drunk, whether on duty or not on duty, shall be guilty of an offence and on conviction thereof shall be liable to iprisonent for a ter not exceeding two years or to any less punishent provided by this Act: Provided that, where the offence is coitted by a person not in active service, the sentence iposed shall not exceed iprisonent for a ter of two onths. (2) For the purposes of this section, a person is guilty of drunkenness if owing to the influence of alcohol or any drug, whether alone or in cobination with any other circustances, he is unfit to be entrusted with his duty or with any duty which he ay be called upon to perfo~, or behaves in a disorderly anner or in any anner likely to bring discredit on the Ared Forces. 64. (1) Every person subject to this Act, who unnecessarily details any other person subject thereto under arrest or in confineent without bringing hi to trial, or fails to bring that other persop's case before the proper authority for investigation, shall be guilty of an offence. (2) Every person subject to this Act who having coitted a person (hereinafter referred to as 'the prisoner') to the custody of any officer fails without reasonable cause to deliver- (a) at the tie of the coittal; or (b) if it is not practicable so to do at the tie of the coittal, then within twenty-four hours thereafter; to the person to whose custody the prisoner was coitted, a report in writing signed by hiself, of the offence which the prisoner is alleged to have coitted, shall be guilty of an offence. (3) Where a prisoner is coitted to the charge of a person subject to this Act, who is in coand of a guard, and without reasonable cause that person does not, as soon as he is relieved fro his guard and any further duty, or, if he is not sooner relieved, within twenty-four hours after the coittal, give to the officer to who it is his duty to report- Dru"k~"~ 1 rregular arrest and detention. (') o };1 o C Cl 11. tjj 1:1 o Z tjj :t:!: -i Cl c: -i ::0 l> ::j S z -i L. R. 0.1/1990

32 34 Cap. 19 LAWS OF THE GAMBlA The Gabia Ared Forces Negligenl or wilful inlerference Wilh lawful custody. (a) a written stateent containing so far as known to hi, the prisoner's nae and alleged offence and the nae and rank or other description of the officer or other person by who the prisoner is alleged to have coitted the offence; and (b) ifhe has received the report required by subsection (2), such report, he shall be guilty of an offence. (4) Every person guilty of an offence against this section shall, on conviction thereof, be liable to iprisonent for a ter not exceeding two years or to any less punishent provided by this Act. 65. Every person subject to this Act who- (a) without lawful authority sets free or authorises or otherwise facilitates the setting free of any person in custody; (b) negligently or wilfully allows to escape any person who is coitted to his charge, or who it is his duty to guard or keep in custody; (c) assists any person in escaping or in attepting to escape fro his custody;- shall be guilty of an offence and on co~viction thereof shall be liable to iprisonent for a ter not exceeding seven years, or to any less punishent provided by this Act. Escape fro custody. 66. Every person subject to this Act who, being under arrest or confineent or in prison or otherwise in lawful custody, escapes, shall be guilty of an offence and on conviction thereof shall be liable to iprisonent for a ter not.less than two years or to any less punishent provided by this Act. 67. Every person subject to this Act who- Resistance to lawful arrest. (a) resists or wilfully obstructs any officer or an in the perforance of any duty pertaining to the arrest, custody or confineent of any other person subject to this Act; (b) when called upon, refuses or neglects to assist an officer or an in the perforance of any such duty; shall be guilty of an offence and on conviction thereof shall be liable to iprisonent for a ter not less than two years or to any less punishent provided by this Act.

33 LAWS OF TlE GAMBA The Gabia Anned Forces ~a!.:_1~ 68. Every person subject to this Act, who n;glects or refuses ~;oo, to deliver?ver an officer or an to t~e civil power pursuant. to ~~~~~ 11 a warrant 10 that behalf, or to assist 10 the lawful apprehenson of an officer or an accused of an offence punishable by a civil court, shall be guilty of an offence and on conviction thereof shall be liable to iprisonent for a ter not exceeding two years or to any less punishent provided by this Act. 69. (1) Every person subject to this Act who- (a) steals or fraudulently isapplies any property; or (b) receives any such property knowing it to have been stolen or fraudulently isapplied, shall be guilty of an offence and on conviction thereof shall be liable to iprisonent for a ter not exceeding five years or to any less punishent provided by this Act. (2) n this section "stealing" has the sae eaning as in the Criinal Code. Stealing etc. Cap (1) Every person subject to this Act, who extorts oney or Extortion. any other thing fro any person shall be guilty of an offence and on conviction thereof be liable to iprisonent for a ter not exceeding five years or to any less punishent provided by this Act. (2) Every person subject to this Act, who connives at any extortion shall be guilty of an offence and on conviction thereof be liable to iprisonent for a ter not exceeding five years or to any less punishent provided by. this Act. r, ~ 71. Every person subject to this Act, who offers his superior Offering in- =i officer a?y ind~ceent for the purpose of escaping, fro any ilitary =ed~t~ duty whch he S called upon to perfor, or fro the consequences ~ ~ ~ of any act or neglect, shall, on conviction thereof, be liable to?; iprisonent for a ter not exceeding two years or to any less ~ punishent provided by this Act. s: 72. Every person subject to this Act, who- Dishonest ~J ~ exaction. (a) without authority exacts fro any person carriage, porterage or provision; or (b) takes any fee or advantage in respect of, or in any way iproperly acquires an interest in,-, (i) the sale of provision or erchandise brought into any i i 3+~ t! ~ ~ ~ (/)' ~ LR.O.J/J'

34 LAWS OF THE GAMBA 36 Cap. 19 The Gabia Ared Forces, garrison, cap, barrack or place in which he has any coand or authority; (ii) the sale or purchase of any provisions or stores; or (c) takes any fees or advantage in respect of, or in any way iproperly obtains an interest in, the perforance of any service which is his duty or responsibility, shall be guilty of an offence and on conviction thereof, be liable to iprisonent for a ter not exceeding five years or to any less punishent provided by this Act. Disturbance in billets. Withholding pay. Offences in relation to docuents. 73. Every person subject to this Act, who- (a) ill-treats, by violence, extortion, or aking disturbances in billets or otherwise, any occupant of, a house in which he or any other person is billeted, or of any preises in which accoodation for aterial of the Ared Forces has been _ provided; or (b) fails to coply with regulations ade under this Act in resx of the payent of the just deands of the person in whose house he or any officer or an under his coand is or has been billeted. or the occupant of preises on which such aterial is or has been accoodated, shall be guilty of an offence and on conviction thereof, shall be liable to iprisonent for a ter not exceeding two years or to any less punishent provided by this Act. 74. Every person subject to this Act who, having received the salary, wages or other allowance of any officer unlawfully detains or unlawfully refuses to pay the sae when due, shall, on conviction thereof, be liable to iprisonent for a ter not exceeding two years or to any less punishent provided by this Act. 75. Every person who- (a) wilfully or negligently akes a false stateent or entry in a docuent ade or signed by hi, that is required for l purposes of this Act or any regulation ade thereunder. or who, being aware of the falsity of a stateent or entry in such a docuent. orders the aking or signing thereof; (b) when signing a docuent required for such purposes, leaves blank any aterial part for which his signature is a voucher; or

35 LAWS OF TlE GAMBA The Gabia Ared Forces Cap. 19 3, (c) with intent to injure any person or with intent to deceive, suppresses, defaces, alters, or akes-away with any docuent or file, kept, ade or issued for any such purpose, shall be guilty of an offence and on conviction thereof be liable to iprisonent for a ter not exceeding five years or to any less punishent provided by this Act. 76. Every person subject to this Act who- False accusation. (a) akes a false accusation against any officer or an, knowing such accusation to be false; or (b) when seeking redress in a atter in which he considers, that he has suffered any personal oppression, injustice or other ill-treatent, or that he has any other cause for grievance, knowingly, akes a stateent affecting the character of an officer or an which he knows to be false, or in respect of the redress so sought, suppresses any aterial fact, shall be guilty.of an offence and on conviction, shall be liable to iprisonent for a ter not exceeding two years or to any less punishent provided by this Act. 77. Every person subject to this Act, who attepts to coit an offence against any of the provisions of this Act shall, on conviction thereof, be liable to the like punishent as for that offence, but where such offence is punishable by death he shall be sentenced to a ter of iprisonent. Attept to cot an offence under the Act. (/) l> t1j 78. (1) Any act, conduct disorder or neglect to the prejudice ~0t.l~uct pre- S of g~od order and disciplin~ shall be ~ ~ffence.and ~very person ~~~rj~r ~ convicted thereof shall be lable to dsssal With dsgrace fro a~d.. c the Ared Forces or to any less punishent provided by this Act. dlsclpitne. i! l> (2) No person ay be charged under this section with any offence ~ for which provision is ade under this Act. ~ z (3) Notwithstanding the provisions of subsection (2) of this - section, a conviction based on a charge which contravenes that subsection shall not be invalid unless such contravention results in an injustice to the person so charged. ~':'j (4) An act or oission constitutin2' an offence under suhsection Oi ::,ccuon.:il 01 tills Acl, or a coravclluon by an) person Of- (a) any of the provisions of this Act; t(") o ~ lj o c:: t:'l! : (j) o " z

36 LA WS OF THE GAMBA 38 Cap. 19 The Gabia Ared Forces Causing fires. Unauthorised use of vehicles. D<!struction. loss or iproper disposal. of propeny. edal. insignia etc. (b) any regulations, orders or instructions published for the general inforation and guidance of the Ared Forces to which that person belongs, or to which he is attached or seconded; or (c) any general garrison, unit, station, standing, local or other orders; shall be an act, conduct, disorder or neglect to the prejudice of good order and discipline. (5) An attept to coit any of the offences in any other provisions of this Act shall, unless such attept is in itself an offence punishable under such provision, be an act, conduct, disorder or neglect to the prejudice of good order and discipline. (6) Nothing in subsection (3) or subsection (4), shall affect the generality of subsection (1), of this section. 79. Any person who wilfully or negligently or by neglect of or contrary to any regulations ade under this Act, order or instruction, does any act or oits to do anything, which act or oission causes or is likely to cause fire to occur in any aterial, defence establishent, or work for defence, shall be guilty of an offence and on conviction thereof, if he acted wilfully, shall be liable to iprisonent for life or to any less punishent provided by this Act, and in any other case, shall be liable to iprisonent for a ter not less than two years or to any less punishent provided by this Act. 80. Any person who uses- (a) a vehicle of the Ared Forces for an unauthorised purpose; (b) without authority, a vehicle of such Forces for any purposes; or (c) a vehicle of such Forces contrary to any regulation under this Act, order or instruction, shall be guilty of an offence and on conviction thereof shall be liable to iprisonent for a ter of twelve onths or to any less punishent provided by this Act. 81. Any person subject to this Act, who- (a) wilfully destroys or daages, loses by neglect, iproperly sells, or wastefully expends, any public property, non-public property or property of any of the Ared Forces or of any forces co-operating therewith; or

37 LA WS OF TlE GAMBA The Gabia Ared Forces Cap. 19 t (b) sells, pawns, or otherwise disposes of any edal, insignia or other decoration, shall be guilty of an offence and on conviction thereof shall be liable to iprisonent for a ter not exceeding two years or to any less punishent provided by this Act. 82. Any person subject to this Act, who- (a) connives at the exaction of an exorbitant price for property purchased or rented by a person supplying property or services to the Ared Forces; (b) iproperly deands or accepts copensation, consideration or personal advantage in respect of the perforance of any ilitary duty or in respect of any atter relating to the Ared Forces; (e) receives directly or indirectly, whether personally or through a eber of his faily or person under his control, for his benefit, any gift, loan, proise, copensation, or consider-. ation, either in oney or otherwise, fro any person, for assisting or favouring any person in the transaction of any business relating to the Ared Forces, or to any forces co-operating therewith or to any ess, institute or canteen operated for the use and benefit of ebers of such Forces; (d) deands or accepts copensation, consideration or personal advantage for convoying a vessel entrusted to his care; (e) being in coand of a vessel or aircraft, takes or receives on board, goods or erchandise that he is not authorised to take or receive on board; or (f) coits any act of fraudulent nature not expressly specified in this Act, shall be guilty of an offence and on conviction thereof shall be liable to iprisonent for a ter not exceeding two years or to any less punishent provided by this Act. 83. (1) An act or oission- Miscellaneous offences. Counanial of (a) that takes place in The Gabia and is punishable by a civil civil offences. court or under any other enactent; or (h) that takl's place OU~ of The GJ11bia and would, if it hjj taken place in The Gabia, be punishable by such court or under any other enactent, () o ] ::t o C Cl jj (fj il o Z (fj l> 00 ~ Cl c: -i :: l> :j s: z -i L.R.O.J/J9

38 40 Cap. 19 LA WS OF THE GAMBA The Gabia Ared Forces shall be an offence and every person convicted thereof shall be liable to suffer punishent as provided in subsection (2) of this section. (2) Subject to the provisions of subsection (3) of this section, where a court-artial convicts a person under subsection (1) of this section, the court-artial shal- (a) if under any other enactent a iniu penalty is prescribed, ipose a penalty in accordance with the enactent prescribing that iniu penalty; or (b) in any other case, (i) ipose the penalty prescribed for the offence by that other enactent; or (ii) ipose a punishent of disissal with disgrace fro the Ared Forces or any less punishent provided by this Act. (3) All provisions of this Act in respect of a punishent of death, iprisonent for a tenn of two years or ore, iprisonent for a ter less than two years, and a fine, apply in respect of penalties iposed under paragraph (a) or subparagraph (i) of paragraph (b) of subsection (2) of this section. (4) Nothing in this section is in derogation of the authority conferred by other sections of this Act to charge, deal with and try a person alleged to have coitted any offence set out in any other provision of this Act and to ipose the punishent for that offence entioned in the section prescribing the offence. Conviction for less serious offences. 84. (1) Any person charged with desertion ay be found guilty of attepting to desert or of being absent without leave. (2) Any person charged with attepting to desert ay be found guilty of being absent without leave. (3) f on trial for one of the offences specified in section 49 'of this Act, the evidence discloses the coission of another offence specified in that section, the accused ay be convicted of that other offence even though he was not charged with that other offence. (4) f on trial for one of the offences specified in section 50 of this Act, the evidence discloses the coission of another offence specified in that section, the accused ay be convicted of that other offence even though he was not charged with that other offence... (5) Any person charged with any offence under this Act ay,

39 LAWS OF TlE GAMBA The Gabia Ared Forces Cap. 19, on failure of proof of an offence having been coitted under circustances involving a higher punishent, be found guilty of the sae offence as having been coitted under circustances involving a lower punishent. (6) Where a person is charged with an offence under section 83 of this Act, and the charge is one upon which, if he had been tried by a civil court in The Gabia for the offence, he ight have been found guilty of any other offence, he ay be found guilty of that other offence. 41 f PART.-TRAL AND PUNSHMENT 85. (1) Any person who has coitted, is found coitting, is suspected of being about to coit or is suspected of or charged under this Act with having coitted an offence under this Act, ay be placed under arrest. Arrest. (2) Any person authorised to effect arrest under this Act or under regulations ad~ thereunder ay use such force as is reasonably necessary for that purpose. c; c! 86. (1) An officer ay, without warrant, in circustances en- Power of 11' tidned in section 85 of this Act, arrest or order the arrest of- officers and l: (a) any an; (b) any officer of equal or lower rank. (2) A an ay, without warrant, in circustances entioned in section 85 of this Act, arrest or order the arrest of- (a) any an of lower rank; and (b) any an of equal rank who is engaged in a quarrel or affray or in any disorder. (3) An order given under subsection (1) or subsection (2) of this section, shall be obeyed although the person giving the order and the person to who, and the person in respect of who, the order is given, do not belong to the sae Force, unit or other eleent of the Ared Forces. (4) Any person who is not an officer or an, but who was subject to this Act at the tie of the alleged coission by hi of the offence, ay without a warrant be _"._~.'--.:,;; u, J"':i L~ tu be arrested by such person as any Coanding Officer ay designate for that purpose. ~~:stt~ ~ c: 11' 11 L.R.O./19

40 42 Cap. 19 LAWS OF TlE GAMBA The Gabia Ared Forces Appointent and powers of specially appointed persons. 87. Any officer or an appointed under any regulations for the purposes of this section, ay- (a) detain or arrest without a warrant, any person who is subject to this Act, regardless of the rank or status of that person, who has coitted, is found coitting, is suspected of being about to coit, or is suspected of or charged under this Act with having coitted an offence, and (b) exercises such other powers for carrying out such provisions of this Act as ay be prescribed. Avoiding delay and arrest. 88. (1) An allegation against any person subject to this Act, who is under arrest, shall be duly investigated without unnecessary delay and such person shall, and as soon as practicable, be brought to trial or released fro arrest. (2) Whenever any person subject to this Act and taken into service custody reains under arrest for longer than eight days without a court-artial for his trial being assebled, a special report on the necessity for further delay shall be ade by his Coanding Officer to the prescribed authority in the prescribed anner, and siilar report shall be ade to the like authority and in the like anner every eight days until a court-artial is assebled or the offence is dealt with suarily or he is released fro arrest: Provided that in the case of a person on active service, copliance with this subsection shall be excused in so far as it is not reasonably practicable having regard to the exigencies of the ilitary operations. (3) For the purposes of subsection (1) of section 64 of this Act, the question whether there has been unnecessary delay in the taking of any steps for the investigations against any person under arrest shall be deterined without regard to the provisions of subsection (2) of this section. nvestigation 89. Before an allegation against a person that he has coitted ~~~~~~~i:! a service offence is proceeded with, the allegation shall be reported Officer. '" in the for of a charge to that person's Coanding Officer. Where such Officer is satisfied that the charge should not be proceeded with, he shall disiss the charge; but otherwise the charge shall be proceeded with under this Act. as expeditiously as circustances perit.

41 LAWS OF TlE GAMBA The Gabia Ared Forces Cap. 19 4~ t! 90. (1) A Coanding Officer ay, in his discretion, try an Trials by accused person by suary trial, but only if all the following con- gffic~~~~~f ditions are satisfied- (a) the accused person is either a subordinate officer or a an below the rank of a Warrant Officer; (b) having regard to the gravity of the offence, the Coanding Officer considers that his powers of punishent are adequate; (c) the Coanding Officer is not precluded fro trying the accused person by reason of his election, under regulations ade under this Act, to be tried by court-artial; and (d) the offence is not one that under such regulations the Coanding Officer is precluded fro trying. (2) Subject as otherwise expressly provided in this Act, a Coanding Officer at a suary trial ay pass a sentence in which anyone or ore of the following punishents ay be included- (a) if the accused is a Non-Coissioned Officer- (i) reduction to the ranks or any less reduction in rank; (ii) forfeiture in the prescribed anner or seniority of rank; (iii) a fine of a su not exceeding the equivalent of twentyeight days' pay; (iv) severe repriand or repriand; (v) adonition; (vi) where the offence has occasioned any expenses, loss or daage, stoppages; (b) if the accused is a soldier other than a Non-Coissioned Officer, a boy, or an enlisted Ary Cadet- (i) iprisonent for a ter not exceeding twenty-eight days or, if the accused is on active service, field punishent for a period not exceeding twenty-eight days; (ii) disissal fro the Ared Forces; (iii) a fine of a su not exceeding the equivalent of twenty ('iqht (hv'" n:lv: (iv) confineent to barracks for a period beginning with the day of the sentence and not exceeding twenty-eight days;

42 44 Cap. 19 LA WS OF THE GAMBA The Gabia Ared Forces Trial bv Superior Coanders. (v) extra guard-duties or piquets not exceeding seven in. nuber; (vi) adonition; (vii) where the offence has occasioned any expense, loss or daage, stoppages; (e) if the accused is a boy or an enlisted Ary Cadet (i) disissal fro the Ared Forces; (ii) a fine of a su not exceeding the equivalent of twentyeight days' pay; (iii) confineent to barracks for a period beginning with the day of the sentence and not exceeding seven days; (iv) extra guard-duties or piquets not exceeding seven in nuber; (v) adonition; (vi) when the offence has occasioned any expense, loss or daage, stoppages. (3) Such punishents as are specified in regulations ade under this Act, to require approval before they ay be iposed by a Coanding Officer, shall not be iposed until approval has been obtained. (4) Where a Coanding Officer tries an accused person by suary trial, the evidence shall be taken on oath if the Coanding Officer so directs or the accused person so requests and the Coanding Officer shall infor the accused person of his right so to request. (5) Where the Coanding Officer has taken steps with a view to a charge being tried by court-artial, any higher authority to who the charge is referred ay refer the charge back to the Coanding Officer to be dealt with suarily; and on any such reference, the provisions of subsection (3) of this section shall apply as if the Coanding Officer had originally been of the opinion that the charge should be dealt with suarily. 91. (1) An officer of or above the rank of Brigadier, or equivalent rank in the Navy or Air Force or any other officer prescribed or appointed by the President for the purpose, such officer being referred to in this section as a 'Superior Coander', ay, in his discretion, try by suary trial, an officer below the rank of Co-

43 LA WS OF E GAMBA The Gabia Ared Forces Cap. 19, ander, Lieutenant-Colonel or Wing Coander, or a Warrant Officer, charged with having coitted an offence under this Act. (2) A Superior Coander ay, with or without hearing the evidence, disiss a charge if he considers that it should not be proceeded with; but otherwise shall cause it to be proceeded with as expeditiously as circustances perit. (3) Subject as otherwise expressly provided in this Act, a Superior Coander at a suary trial ay pass a sentence in which any one or ore of the following punishents ay be iposed- (a) forfeiture of seniority; (b) severe repriand; (c) repriand; or (d) fine. i (4) A Superior Coander shall not try an accused person who, L--1 by reason of an election under regulations ade under this Act,!!. : S entitled to be tried by court-artial. i ~ i (5) Where a Superior Coander tries an accused person by 11 suary trial, the evidence shall be taken on oath if the Superior :J:), Coander so directs or the accused person so requests, and the g 11 Superior Coander shall infor the accused person of his right ~ so to request. ~, 92. (1) Notwithstanding the provisions of sections 90 and 91 of Disissal 0 ~ this Act, where a charge has been referred to higher authority- ~~;:;;.~ to ~ (a) with a view to it being tried by court-artial; or (b) for deterination as to how it is to be proceeded with, that authority ay, subject to the provisions of this section, refer the charge back to the Coanding Officer, of the accused with a direction that it shall be disissed, and in any such case, the Coanding Officer shall disiss the charge. (2) The reference back of a charge in pursuance of this section shall be without prejudice to the preferring of another charge if the higher authority so directs or the Coanding Officer thinks fit. 4$ higher ~ authority. t'.ll 93. () The following persons ay act as appropriate higher Appropriate 11 authority jn rel;:tion to a pers~n char~ed wi~h. an offence,.that. is ~~1~~~ity. l...) ::'~t) ~ u l vi... "-..-UlliifidnJt2r aiit..l un) Lifil,-~r \)f i~l\... l'-tlk ~.JfnrlbaJl..:r or above, or an officer of corresponding rank under whose coand such person is for the tie being.

44 46 Cap. 19 LA WS OF THE GAMBA The Gabia Ared Forces (2) Rules ade by the Minister and subject to the approval of the President for the purpose of this section, ay confer on Coanding Officers power to delegate their functions, in such cases and to such extent as ay be specified in the rules, to officers of a class so specified. (3) n such case as ay be specified in that behalf by rules ade by the Minister and subject to the approval of the President for the purpose of this section, the powers of the Coanding Officer or appropriate higher authority to ipose punishent shall be subject to such liitations as ay be so specified. Establishent and convening authority of counanial. Constitution of a general counanial. 94. (l) There shall for the purposes of this Act be established a general court-artial and a disciplinary court-artial. (2) The President or such other authority as ay be authorised in that behalf by hi ay convene a general court-artial or a disciplinary court-artial. (3) Any authority who convenes a court-artial under subsection (1) of this section, ay appoint as ebers of the court-artial, officers of the Ary, Gendarerie, Navy or Air Force of The Gabia or officers of any ary, gendarerie, navy or air force, who are attached, seconded or loaned to the Ared Forces. (4) The ebers of a general court-artial shall be appointed by order of the convening officer or in such other anner as ay be prescribed. 95. (1) A general court-artial shall consist of not less than five officers and not ore than such nuber of officers as ay be prescribed. (2) The president of a general court-artial shall be an officer of or above the rank of Lieutenant-Colonel or an officer of corresponding rank in the Navy or Air Force and shall be appointed by the authority convening the general court-artial or by an officer epowered by that authority to appoint such president. (3) Where the accused person is of or above the rank of Brigadier, or an officer of corresponding rank, the president of a general courtartial shall be an officer of or above the rank of the accused person, and the other ebers of the court-artial shall be of or above the rank of Captain, or of or above the rank of Colonel, or an officer of corresponding rank. (4) Where the accused person is of the rank of a Lieutenant-

45 LAWS OF TlE GAMBA The Gabia Ared Forces Cap. 19, Colonel or officer of corresponding rank, all the ebers of a general court-artial other than the president, shall be of or above the rank of Major, or an officer of corresponding rank A general court-artial ay try any person subject to this Act who is alleged to have coitted an offence under this Act. 1 Jurisdiction of a gener;il court- i artial. i 97. The Chief Justice shall appoint a person to officiate as a Judge Judge : Advocate at a general court-artial. Advocate. i, i i 98. None of the following persons shall be qualified to sit as Dis-. a eber of a general court-artial- qualificatioh (a) the officer who convened the court-artial; (b) the prosecutor; (c) a witness for the prosecution; (d) the Coanding Officer of the accused person; (e) a Provost Officer; (f) an officer who has not been an officer in the Ared Forces for a period of two years or for periods aounting in aggregate to not less than two years; (g) an officer below the anny rank of Lieutenant or officer of corresponding rank in the Navy or Air Force; or W to serve 01 general, court- artial ! hi ~ o C; (h) any person who, prior to the court-artial, participated in ~ any investigation in respect of the atters upon which a charge against the accused person is founded. ~~ i 99. (1) A disciplinary court-artial shall consist of not less than Constitutio ~ three officers and not ore than such nuber of officers as ay d~ a. ' ~ SCP Jnary -, be prescnbed. court- ~ (2) The president of a disciplinary court-artial shall be appointed ~ by the authority convening the disciplinary court-artial or by an officer epowered by that authority to appoint such president. (3) The president of a disciplinary court-artial shall be an officer of or above the rank of Captain or an officer of a corresponding rank in the Navy or Air Force or an officer of such higher rank as ay be prescribed. artial. ",; ~ (.) " o z (j) LR.O./19fo i

46 48 Cap. 19 LAWS OF THE GAMBA The Gabia Ared Forces (4) The ebers of a disciplinary court-artial shall be appointed by order of the convening officer or in such other anner as ay be prescribed. Jurisdiction of disciplinary courtartial. Appointent of a Judge Advocate. Punishent by disciplinary courtartial. Disqualification to serve on a disciplinary courtartial. Place for sitting of courtartial Subject to any liitations prescribed by this Act or any regulations ade under this Act, a disciplinary court-artial ay try any person subject to this Act who is alleged to have coitted an offence under this Act or any regulations ade thereunder A disciplinary court-artial shall not pass a sentence including punishent higher in the scale of punishent than disissal with disgrace fro the Ared For~es, or higher than such other punishent as ay be prescribed; but no such other punishent shall be higher in the scale of punishent than disissal with disgrace fro the Ared Forces The Chief Justice ay appoint a person to ofriciate as Judge Advocate at a disciplinary court-artial None of the following persons shall be qualified to sit as a eber of a disciplinary court-artial- (a) the officer who conveyed the court-artial; (b) the prosecutor; (c) a witness for the prosecution; (d) the Coanding Officer of the accused person; (e) a Provost Officer; or (f) any person who, prior to the court-artial, participated in any investigation in respect of the atters upon which a charge against the accused person is founded (l) Subject to the provisions of this Act, a court-artial shall sit at such place as ay be specified in the order convening the court; and the convening officer ay convene it to sit at a place outside the liits of his coand. (2) A court-artial sitting at any place shall, if the convening officer directs it to sit at soe other place. and ay. without any such Jir~dioll d it appears to li1(: coun requisite 11 the ll1[eresl of - justice to sit at soe other place, adjourn for the purpose of sitting at that other place.

47 L.R.O./19fo LAWS OF TlE GAMBA The Gabia Ared Forces Cap (1) Any person who- Offences i~ respect of i (a) being duly suoned or ordered to attend as a witness before cou~-. k d ~ a court-arta, a es elau t. d artial.. atten g; (b) refuses to take on oath or ake solen affiration lawfully required by a court-artial to be taken or ade; (c) refuses to produce any docuent in his power or control lawfully required by a court-artial to be produced by hi; (d) as a witness refuses to answer any question to which a courtartial ay lawfully require an answer; (e) uses insulting or threatening language before or causes interruption or disturbance in the proceedings of a courtartial; or (f) coits, or oits to perfor, any act before a court-artial, which act or oission if done or ade before a civil court would constitute contept of that court, shall be guilty of an offence and on conviction thereof, shall be liable to iprisonent for a ter not exceeding two years or to any less punishent provided by this Act; and where an offence under this section is coitted at, or in relation to, a court-artial, that court-artial ay, under the hand of its president, issue an order that the offender shall undergo for a period not exceeding thirty days, a ter of iprisonent or detention and where any such order is issued, the offender shall not be liable to any other proceedings under this Act in respect of the contept in consequence of which the order is issued_ (2) Notwithstanding anything in subsection (1) of this section, where an offence against paragraph (e) or paragraph (f) of that subsection is coitted in relation to any court-artial held in pursuance of this Act, that court, if of the opinion that it is expedient that the offender should be dealt with suarily by the court instead of being brought to trial before another court-artial, ay by order under the hand of its president, order the offender to be iprisoned for a period not exceeding twenty-one days (1) Any person subject to this Act who, having been lawfully False sworn as a witness or as an interpreter in proceedings before a evdence. court-artial or before any board or person having power to adinister an oath under this Act or any regulation ade thereunder, akes a stateent aterial in those proceedings, which he knows to be false or does not believe to be true shall, on conviction thereof

48 LA WS OF TilE GAMBA 50 Cap. 19 The Gabia Ared Forces, by court-artial, be liable to iprisonent for a ter not exceeding two years or to any less punishent provided by this Act. (2) A person shall not be liable to be convicted of an offence against this section solely upon the evidence of one witness as to the falsity of any stateent alleged to be false. Obstructing police officer, arresting officer, or an Any person subject to this Act, who prevents or obstructs (a) the execution by a police officer of a warrant for the arrest of a person subject to this Act, who has coitted or is suspected of having coitted an offence punishable on conviction by civil court; or (b) the arrest of a person subject to this Act by a police officer acting in the exercise of his powers of arrest without a warrant, shall be guilty of an offence and on conviction thereof by courtartial, be liable to iprisonent for a ter not exceeding two years or to any less punishent provided by this Act. Decisions of counsanial. Coun-anial to sit in open court (1) Subject to the provisions of this section, every question to be deterined on trial oy a court-artial, shall be deterined by a ajority of the votes of the ebers of the court. (2) n the case of an equality of votes on the finding, the court shall acquit the accused. (3) A finding of guilt, where the only punishent which the court can award is death, shall not have effect unless it is reached with the concurrence of all the ebers of the court; and where such a finding is reached by a ajority of the ebers without such concurrence, the court shall be dissolved and the accused ay be tried by another court. (4) Where the accused is found guilty and the court has power to sentence hi either to death or to soe less punishent, a sentence of death shall not be passed without the concurrence of all the ebers of the court. (5) n the case of an equality of votes on the sentence, or of any question arising after the coenceent of a trial, except the finding, the president of the court shall have a second or casting vote () Subject to the provisions of this section, a court-artial shall sit in open court al,"': ;. li.l,; PH,.::>l,;ll":C: ut" ilk <.t..:(usej. (2) Nothing in subsection () of this section shall affect the power

49 LAWS OF TlE GAMBA The Gabia Ared Forces Cap. 19 i 511 of a court-artial to sit in caera on'the ground that it is necessary and expedient in the interests of the adinistration of justice to do so; and without prejudice to that power, a court-artial ay order that, subject to any exceptions that the court ay specify, the public shall be excluded fro all or any part of the proceedings, or stateent to be ade in the course of the proceedings or that part as the case ay be, which ight otherwise lead to the disclosure of any inforation directly or indirectly useful to any eney. (3) A court-artial ay sit in closed court while deliberating on the finding or sentence on any char~e. (4) A court-artial ay sit in closed court on any other deliberation aongst the ebers. (5) Where a court-artial sits in closed court, no person shall be present except the ebers of the court and such other persons as ay be prescribed (1) The-findin!! of a court-artial on each charge shall be Finding 2nd in ~ 10 announced in open court. sentence,! 3: ~ (2) Any finding of guilt shall be, and be announced as being, i ~ subject to confiration. g (3) Any sentence of a court-artial, together with any recoen-! ~ dation of ercy, shall be announced in open court, and a sentence i i?i of a court-artial shall be, and be announced as being, subject to ~ confiration. i ~ i(fl ~ 111. (1) An accused before a court-artial, charged with an Power to ~ E offence under this Act, ay, on failure of proof of the offence having ~ffe~~! ~;he ~ been coitted under circustances involving a higher degree of than'that, 2: punishent, be found guilty of the offence as having been coitted charged, i under circustances involving a less degree of punishent. ~ (2) An accused.charged befon~ a court-a~ial with any offence t ~ ay be found gulty of atteptg to cot that offence. ~ (3) An accused charged before a court-artial with attepting to coit any offence, ay be convicted on that charge notwithstanding that it is proved that he actually coitted that offence. (4) Where an accused is charged before a court-artial for ali~pling lu CUlllJ1liL a Cl v il offence, he ay be con v H.:ted on that charge notwithstanding that it is proved that he actually coitted the civil offence. i-- i r- LR,O.J/J990! \

50 52 Cap. 19 LA WS OF THE GAMBA The Gabia Ared Forces (5) Where an accused person is charged before a court-artial for coitting a civil offence and the offence is one in respect of which, if he had been tried by a civil court, he could have been found guilty of another civil offence, then if the court finds that he has coitted that other civil offence, he ay be convicted of that other offence. '. Confiring and Reviewing Authority. Confiration and review proceedings. Directions to the courtartial fer review (1) There shall, for the purposes of enforcing decisions of a court-artial, be a Confiring and Reviewing Authority, who shall have the power to confir and review the finding and sentence of any court-artial. (2) The Confiring and Reviewing Authority shall for the purposes of this Act, be the Chief of Defence Staff or the officer for the tie being perforing his functions, or any other officer to who he has delegated the power to confir and review findings and sentences of a court-artial. (3) The following persons shall not have the power to confir and review the finding or sentence of a court-artial- (a) any officer who was a eber of the court -artial before who the accused was tried; (b) any person who, as a Coanding Officer of the accused, investigated the allegations against hi; (c) any person who, as appropriate superior authority, investigated the allegations against the accused; (d) any officer of a rank lower than that of the president of the court (1) Where the proceedings of a court-artial are copleted, the record of proceedings shall be transitted to the Confiring and Reviewing Authority for confiration and review of the finding, and sentence of the court, on that charge. (2) No finding of a court-artial shall be treated as a finding or sentence of the court until such finding is confired. (3) The provisions of this section shall not affect the keeping of the accused in custody pending the confiration and review or the operation of sections 115 and 116 of the provisions of this Act (1) A Confiring and Reviewing Authority ay direct that a court-artial shall revise any finding and sentence ade by the court in any case where it appears to it-

51 LAWS OF THE GAMBA The Gabia Ared Forces Cap. 19, (a) that the finding was against the weight of the evidence; or (b) that soe question of law deterined at the trial and relevant to the finding, was wrongly deterined. (2) Any such direction shall be accopanied by the necessary directions for re-assebling the court, and shall contain a stateent of the reasons for such direction. (3) On a direction for a revision of a finding, the court shall reconsider the finding and unless the court adheres thereto, ay substitute therefor a finding of not guilty or any other finding which the court could originally have ade at the trial in lieu of the finding under revision. (4) On any such revision, the court shall not have power to receive further evidence. (5) Where, on' any such revision, the court (a) stands by its original finding; or (b) substitutes a finding of guilt of another offence or of the sae offence in different circustances, the court ay substitute a different sentence for the original offence or ipose the appropriate sentence for that other offence: Provided that, the court shall not have power to substitute a sentence of a punishent severer than the punishent, or the severest of the punishents, ipqsed on the accused by the original court. (6) Where on any such revision of a finding of not guilty, the court substitutes a finding of guilt, it shall ipose the appropriate sentence on the accused (l) The Confiring and Reviewing Authority shall not have the power to direct- (a) the revision of any substituted finding ade by the court on a previous direction of the Confiring and Reviewing Authority; (b) the revision of its original finding. if adhered to by the court on such previous direction. (2) Subject to the provisions of subsection () of this section, ili:::. Ad..,;ilall <.~pl) tv lll<': prvc-.:ejiugs vf the cvurt vl any ::,uch revision as it applies to their deliberation on the original finding and sentence, and any substituted finding or sentence shall be treated 5f i., i ~l i Ai i () ' 'V ~ i [::cl : 1 0 : t: tjl tt'll i ~ i i ~il 1'1 i! tj;j l"(j, (,)!, ;<;1 ~!!B 1 F', =q 1['1,, ~! L itation " f~ 0 <"' powers of :J:l Confiring Si 11 and Reviewing 15 Authority.!i i '"', r-~ [ L.R.O./191

52 54 Cap. 19 LAWS OF THE GAMBA The Gabia Ared Forces Confiration of findings of courtartial. for all purposes as an original finding or sentence of the court: Provided that the decision of the court on the revision shall not be required to be announced in open court. (3) At any tie after a court-artial has sentenced the accused, but not later than the prescribed tie after confiration is copleted, the accused ay, in the prescribed anner, present to the Confiring and Reviewing Authority, a petition against the finding or sentence, or both such finding and sentence (1) n the exercise of its powers under this section, the Confiring and Reviewing Authority ay- (a) if soe other finding of guilty could have been validly ade by the court-artial on the charge before it; or (b) if it is of the opinion that the court-artial ust have been satisfied of the facts necessary to justify that other finding; substitute that other finding, and if it does so, it shall consider in what anner, -if at all, the powers conferred by subsection (3) of this section should be exercised. (2) Where it appears to the Confinning and Reviewing Authority, that a sentence of a court-artial is inadequate, it ay substitute therefor, a sentence of any punishent which it considers appropriate in the circustances. (3) n confiring the sentence 'of a court-artial, a Confiring and Reviewing Authority ay- (a) reit in whole or in part any punishent iposed by the court; or (b) coute any such punishent for one or ore punishents provided by this Act, being less than the punishent couted. (4) A finding or sentence substituted by the Confiring and Reviewing Authority or any sentence having effect after such Authority has reitted or couted punishent, shall be treated for all purposes as a finding or sentence of the court duly confired. (5) The confiration of a finding or sentence shall not be effective until the finding or sentence h';s been proulgated; and in the event of any substitution under subsection (4) of this section, the reission or coutation, the finding or sentence shall not have effect until it has been proulgated.

53 LAWS OF TlE GAMBA The Gabia Ared Forces Cap A sentence of death passed by a court-artial shall not be carried into effect unless approved by the President Subject to the following provsons of the Constitution naely, subsection (3) of section 28, subsection (1) of section 93 and subsections (l) and (2) of section 97, an appeal shall lie as of right to the Court of Appeal fro final decisions of a courts-artial. Sentence~ death to approved 1 by the i President. i Right of ' appeal (1) A sentence of iprisonent passed by a court-artial Review of ay be reviewed by the Force Coander or by such officers as ~ente.nce of! ay fro tie to tie be appointed by the President; and if on ~lnl/son- i any recoendation, it appears that the conduct of the offender 1 since his conviction has been such as to justify reission of the sentence, whether in part or in whole, it ay be reitted accordingly. (2) The power to review a sentence ay be exercised at any tie after confiration, and where, after such review, a sentence reains effective-, it shall be re-reviewed at intervals of six onths: Provided that, delay in coplying with this section shall not invalidate the sentence () Where a charge has been dealt with suarily, other- Review of wise than by the disissal thereof, the Confiring and Reviewing f~n,:;rr::~nd Authority under section 112 of this Act ay, at any tie, review awards. the finding or award. (2) Where, on a review under this section, it appears to such Authority expedient so to do by reason of any istake of law in :. the proceedings on suary dealing with the charge or of anything occurring in those proceedings which, in the opinion of the Authority, involved substantial injustice to the accused, the Authority ay quash the finding, and if the finding is quashed, the Authority" shall also quash the award. (3) Where on a review under this section, it appears to such Authority that a punishent iposed was invalid or too severe or the award included two or ore punishents or that those punishents or soe of the could not validly have been iposed in cobination or are, taken together, too severe, the Authority ay vary the punishent by substituting such punishent or " ~ Jni~h~:~Ln~J ~~\ ~ii~h C0~!J ~i~, ~ bc(:;:i iil~ L.l~cJ ill the. uri,:bl1idl PUl1ishent and not being, in the opinion of the Authority, ore severe than the punishent or punishents included in the original award_ i i. n 1 ~; \ gl ~ ~ Fill (,)!,,! 01 zl f.!jl l> 001 ~i a!,~ li»1 =i ~ Z i -l LR-O.JJ~

54 LAWS OF THE GAMBA 56 Cap. 19 The Gabia Ared Forces Findings of insanity. Trial of f;;s~onsb~eas- subject to the Act (1) Where, on the trial of a person under this Act, it appears to the court-artial that the accused is by reason of insanity, unfit to stand his trial, the court shall so find, and if the finding is confired in accordance with the provisions of subsections (2), (3), (4), (5) and (6) of this section, the accused shall be kept in custody in such anner as ay be prescribed by rules or until the directions of the President are known or until any earlier tie at which the accused is fit to stand his trial. (2) Where, on a trial of a person under this Act, it appears to the court-artial that the evidence is such as, apart fro any question of insanity, to support a finding that the accused is guilty of any offence, at the tie of the acts or oissions constituting that offence the accused was, by reason of ental diseases or natural ental infirity, not criinally responsible for the acts or oissions alleged as constituting the offence, the court shall find that the accused coitted the act or oission but was insane at the tie, and thereupon the accused shall be kept in custody in such anner as ay be prescribed by rules or until the directions of the President are known. (3) n the case of any finding ade under subsections (1) and (2) of this section, the President ay give orders for the safe custody of the accused during his pleasure, in such place and in such anner as the President thinks fit. (4) A finding under subsection (1) of this section shall not have effect unless the finding has been confired by an authority who has the power to confir a finding of guilt by the court-artial that tried the accused. (5) Where the court or the Confiring Authority substitutes for a finding under subsection (2) of this section, the Confiring v Authority or, as the case ay be, the Reviewing Authority shall not have the power to substitute for that finding, a finding of guilt; but the Reviewing Authority shall have the power to revise, confir or review the finding so ade under subsection (2) as if it was a finding of guilt. (6) Subject to any contrary provisions under this Act, a conviction or a finding of guilt in respect of any offence includes a finding ade undersubsection () or subsection (2) of this section (l) Subject to the provisions as to liitation of trial of offences under this Act, where an offence under this Act which is triable by a court-artial has been coitted or is reasonably

55 LA WS OF TlE GAMBA The Gabia Ared Forces Cap. 19 suspected of having been coitted by any person whilst subject to this Act, then in relation to that offence, he shall be treated for the purposes of the provisions of this Act relating to arrest, keeping in custody, investigation of charges, trial and punishent by court-artial and execution of sentences, as continuing to be subject to this Act, notwithstanding his ceasing at any tie to be subject thereto. (2) Where, while a person is in custody by virtue of this section he coits or is reasonably suspected of having coitted an offence which, if he were subject to this Act, would be an offence triable by a court-artial under this Act, then in relation to that offence or suspected offence, he shall be treated, for the purposes of the provisions of subsection () of this section and the provisions as to suarily dealing with charges, as having been subject to this Act when the offence was coitted or is suspected of having been coitted, and as continuing to be subject thereto thereafter. (3) Where, by virtue of subsection (1) or subsection (2) of this section, a person is treated as being at any tie subject to this Act for the purpose of any provision of this Act, that provision shall apply to hi- (a) if he holds any ilitary rank, as to a person having that rank; (b) otherwise as to a person having the rank which he held iediately before he ceased to be subject to this Act: Provided that, as respects any tie after he has been sentenced for the offence in question and the sentence has been confired, the said provision shall apply to hi as to a soldier. (4) Where, apart fro this subsection, any provision of this Act would under subsection (3) of this section apply to a person, in relation to different offences, as to a person having different ranks, it shall apply to hi as to a person having the lower or lowest of those ranks () Any person alleged to have coitted an offence under No liithis Act ay be charged, dealt with and tried under this Act whether talion. the alleged offence was coitted in or outside The Gabia: Provided that a court-artial shall not try any person charged with (he ottl!ncl! vi urder, rape vr anslaughter. (2) Any person alleged to have coitted an offence under this L. R. 0.1/1

56 LAWS OF THE GAMBA 58 Cap. 19 The Gabia Ared Forces Act ay be charged, dealt with and tried under this Act either in. or outside The Gabia. Tie bar. Autrefois acquit and autrefois convict (1) Except in respect of an offence specified in subsection (2) of this section, no person shall be liable to be tried by a courtartial unless his trial begins before the expiration of a period of three years fro the date on which the offence was alleged to have been coitted. (2) Any person subject to this Act at the tie of the alleged coission by hi of the offence of utiny, desertion or absence without leave, or an offence for which the axiu punishent that ay be iposed is death, shall continue to be liable to be charged, dealt with and tried at any tie, under this Act. (3) n calculating the period of liitation referred to in subsection (1) of this section, there shall not be included- (a) tie during which a person was a prisoner of war; (b) any period of absence in respect of which a person has been found guilty by a court-artial, of desertion or absence without leave; and (c) any tie during which a person was serving a sentence of incarceration iposed by any court other than a court-artial (1) Any person, in respect of who a charge of having coitted an offence under this Act has been disissed, or who has been found guilty or not guilty either by a court-artial or a civil court on a charge of having coitted any such offence, shall not be tried or tried again by a court-artial under this Act, in. respect of that offence or any other offence of which he ight have been found guilty on that charge by a court-artial or a civil court. (2) Nothing in subsection (1) of this section shall affect the validity of a new trial ordered under this Act. Scale of punishent (1) A court-artial ay ipose, where appropriate, any one or ore of the punishents specified below in respect of any offence coitted under this Act- (a) death; (b) iprisonent for two years or ore; (c) disissal with disgrace fro the Ared Forces; (d) iprisonent for less than two years; (e) detention;

57 LAWS OF TlE GAMBA The Gabia Ared Forces Cap (f) field punishent for a period not exceeding ninety days; (g) reduction in rank, or, in the case of the Navy, disrating; (h) in the case of a Warrant Officer or Non-Cornisioned Officer, reduction to the ranks or any less reduction in rank; (i) in the case of a Warrant Officer or Non-Coissioned Officer, forfeiture in the prescribed anner, of seniority of rank; (j) forfeiture of seniority; (k) in the case of the Navy, disissal of an officer fro the ship to which he belongs; () severe repriand; () repriand; (n) a fine of a su not exceeding the equivalent of ninety days; (0) in the case of a Warrant Officer or Non-Coissioned Officer, severe repriand or repriand; (P) where the offence is desertion, forfeiture of service; (q) where the offence has occasioned any expense, loss or daage, stoppages. (2) For the purposes of this section, each punishent specified in any paragraph of the above scale shall be deeed to be a punishent less than every punishent preceding it in that scale and greater than those specified in the succeeding paragraphs of the scale; such scale in this section being referred to as the "scale of punishent". (3) Where a punishent is specified in this Act as a penalty for an offence and it is further provided in the alternative that on conviction the offender is liable to less punishent, the expression "less punishent" eans anyone or ore of the punishents lower in the scale of punishents than the specified punishent. (4) The punishent of iprisonent for a ter of two years or ore or iprisonent for a ter less than two years shall be subject to the following conditions- (a) every person who, on conviction of an offence under this Act, is liable to iprisonent for life or for a ter of years or other ter, ay be sentenced to iprisonent for a shorter ter; (b) a sentence of iprisonent for a shorter ter or iprisonent for a ter of two years or ore iposed upon an officer shall be deeed to include a punishent of disissaol with disgrace fro the Ared Forces, whether or n the last entioned punishent is specified in the sentence passed by the court-artial;! LRoOol/9901

58 :.,,'~', ~ -.. '... _.,:. ':1 : ~., " _ ~..._-_.._--, '-.' ()';t:,'iicl"lc"; that i'lclu-des a:4junlshent of iprl ent for.. '.~'. f be d.. d '.;';,' l: c.;; t ;c )':ar:'enposei:f<-upon ari 0 Beer sna eeftie jo induu!;:; ;l punlhent of disissal fro the Ared Forces,. whether nr not the last-entioned punishent is specifioojn th ; sentence passed by the- court-artial; i cq~whee a court -artial ipo$~~ ~a ~unishent of i;jrisonent '..fer t,'.rg yeai's or r~ivr.:; upon: ~':an, the court-artial ay.. in 3dditipn, notwithstanding'iy other provision of this,part., "~. :.7. j;:. /\:~~,!" J '~~ r0~r. ~. rj-;':~;~ :~~,7::--~_+.~~ C~7"T~~l:~-~ii/~ 1"h ~.t$grace fro the Ared Forces; (r:) where a court-artial ipo:-es a punish.~nt of iprisonent for less than two years upon a an, the court-artial ay, in addition, notwithstanding any other provision of this Part of this Act, ipose a pll1ishent of disissal fro 1 ~ Ared Forces; (fj a puni&hent of iprisonent. for two ~,~ars l'f ore or iprisonent for less than-two years shall be deeed to. be a punishent of ; prisonent with hard ;:tbour; but in the case of a punish.~nt of ipnsonent for le s than two years, the President c;- <;uch othe:- person as he "11Y '~l!thorise. in that behalf" ay:urder that.such punishent s~ai! be without hard labour. ',,-:',~,(5) Where a'warra Officer or;non-co::~i'tsioned Offl.ceLls <~ntenced bv d. (:"urt.. rnania~ to Hnprisunent,,<cid punishe~ r ::,:; ') ;.:~r~ l.~>:: ~~---: ~t{~\-!~'.>'.". ~\... ~i if.: ~:<~ T::.<-j:uc:. ~C: "-"~ r::;nk<:"' Fcov {e.led l1lat, H ille (,;oun~fljafi:iai fails. tu sentence "ll>ootri ". be so reduced,ane. sentence ~.alf.n be"invafid' but shill be deeirtea " to include a sentence nt!r.eductdti lcr.":ttll; ranks. (6) The punishentdf reriuction i~2rank ~hali c:pfji) 1O l';fflce~~ 1,;.~'f'... ~ t 'o+t:: A,- rfl:"~r. r..,;.. (-\ ;";':":'3,: '-,..s: t-..-,-",:-' \'...,j-( r.c' ~-'1ii.;.t-.- '~-,:, ""rren. ulc "[:,,,...,,-t l.._tty "'!H'-~~r:s, 1 _,'-:,.rr~.ej:.. ',.hnart.,.. p('j;;i ~:\i(~ r: ~:.~ : )r(, :-=t~ -:n'd Lc-.~~~iG?; ~.~~:jlif': U; 'rvhc;e <-.if.. ofricei-' Ur,tTl4i1l ila:., UC~;;,... ~ace.:t' tfforf~ ;)f seniority, the courfartiiif iposing (he pul1i"hrne:1': <;hatt--i o pa"'~jrgsentence, specify the pe~iod for wh!ch ~'~:~",r;;., :~ ~" he. "ed. ;cl)\ field punishe shah con:oist of ' :UC.1 GUtie:-:. P';!;'::' in addition to those which the offend,.:! ight be r,~qllin;j: ;':.pe(f~fll:.. if he WC-e notundergoll.1gpunrsher.l and sud. l.".,r;; ;i1eges::;;.,'; riiciv be ;~,"-vided by or under ::ules ade Ul;"J.,:;.t"'a;,.,;' {hili" ~c,. and,'ay include confirieert in sllch place arid,anner,and

59 ::' -~-..:. :-:, -1".', r~:<.:r:.:~~:~~':.;.'~-'~-<~> ~:.,.. ~ '-;l.thef~se:ofsuch LAWS OF TlE GAMBA The Gabia Ared Forces Cap. 19 p~rsonalrestraint as ay be necessary to prevent -~~thes;,~~pe.qlthe offenderf"~s ay be so provided. ' ~~j9pa.:~~~~:ti7;o~;ilb#~a~p.unishe?t of disissal witn disgra~e,fro the Ardi: Forces has -been carned out shall not, except n ;an",~rnhfg~,ncy-qr;cvnless that' punishent is subsequently set aside -;,.oraltereq,.. be.eligible to-serve The Gabia again in any ilitary or civil,,~,apadty., '. }fibl' i i ~l! \ PART V.-ApPEALS 127.' () Pursuarit to the provisions of subsection (4) of section 97 of theconstitutiotiy.'the Court of Appeal shall hear and deter,,' ine alljtet>'~lsieferred to.it in, accordance with the provisions of this' Act,. fro deci.sions of any court-artial. ~ _.",4:... ~ ~'''' i". " : ~.' ::. ~(::\,2).. T~~ S;~.rt o(:~j>peal shall, in the ex~r~ise of its appella~e Court of i Appeal to! hear appealf fro. court'j artal. i JU!lsdlcfl6rt uri~.~r tilltact, apply all the provsons of The Gaba.. Cpurt, of Appetll Adt. to' appeals fro courts-artial in the sae Cap. 6:02 ~. 'a-nner a,s.t?~t 'apply. to appeals fro the Supree Court. J.t. 0,.., ',\...' ~;'" f!) ~ '128. (l) i\ny perso!'l who has been found guilty by a court-artial ~. sha]l havea'riglit to appeai~tothe Court of Appeal, in such for, anneraud.,.)vijhin such tie as ay be prescribed, in respect of :1;:!!\ther?r.l;>9~h 9f :the'fullowing atters- ~. ~,., YtiJ. the' i~~lity.0xmy.~r ali o.f'.the findings; and, ~ ~... _.... :,"" --,~ l;t~~~~ ~~ (b) the'egality of. tbe whole or any part of the sentence. ~.f-.. '.; "::', '.(. ~ ~ ;.~. i."':' ' ; - i.;" (2) S.ublec:t:i0.Jbe:<p.rovi.sion~,oLthis Part of this Ad and to any ~Rules. oj,cbui-t,.lhe.:,prqv,isions. of The Gabia Court of Appeal Act relatilig to'the hearing of appeals fro subordinate courts shall ~;;~~!~ )~~~r?:t~~~~~frp... ~~~!er:~~~~n of an appeal under this Act., \ t-j i ; C) ( io',,,!!! Jurisdiction ' :l:ll of Court of. g Appeal. Cl!, rn, ill :l:ll i ~i ';{ f;.129:.' (l)"uitc,fn the hefiriql,offfn appeal in respect of the legality Powers "l 9f a finding Ofg~il~~on.anyeltJrge:!the Court of Appeal. if it allows ~~~~~Of the appe<;lf: shall--': "'::::';~.. ' - (a} 'set i~idt thc firidin'g arfd':dirl':c! a finding of no! guil!~ to be _ ;rec~rded in respect of that (harge: or ',~. (/?), dj~-cct a nc\\,:treii on', th~!! cha; "e. i:l \\h ich case the :lpp-:-lb - - h', s-hi!lbe tricoa :i1 as if no td:~! (in rbt ch:!r~e 11aJ beer: held. " '.',~ff'... i' "- (2. i Where. rhecnljn. of Appeai i):ls.~. -'; :l:-ide a f:ndiii!:,- \~[ :,::uiil. but n,) finding of guilt.:in respect of aily olher charge n.'l12ilb. the whole of the sentence shall cease 'to h:lye fnrce and cff<.'c!. i i Z! j;;l ~ S ~ ~ i ~ =11 ~ ~\ 1-; H! 1 LR.O.lj9<)O! :

60 LAWS OF TilE GAMBA 62 Cap. 19 The Gabia Ared Forces (3) Where the Court of Appeal has set aside a finding of guilt, but a finding of guilt in respect of any other charge reains, the court shall forthwith refer the proceedings to the President, or to such other authority as ay be authorised on his behalf by hi, who shall- (a) affir the punishent iposed by the court-artial if the court-artial could legally have iposed that punishent upon the finding of guilt that reains; or (b) subject to such conditions as ay be prescribed, substitute such new punishent or punishents as such authority considers appropriate. (4) Where the appellant has been found guilty of an offence and the court-artial could, on the charge, have found hi guilty under section 84 of this Act of soe other offence on any alternative charge that was laid, and on the actual finding it appears to the Court of Appeal that the facts proved hi guilty of that other offence, the court ay, instead of allowing or disissing the appeal, substitute for the finding of guilt ade by the court-artial, a finding of guilty of that other offence, and the Court of Appeal shall forthwith refer the proceedings to the President or to such other authority as ay be authorised in that behalf by hi, who shall- (a) affir the punishent iposed by the court-artial, if the court-artial could legally have iposed that punishent upon the substituted finding of guilt; or (b) subject to such conditions as ay be prescribed, substitute for the punishent iposed by the court-artial, such new punishent or punishents as such authority considers appropriate. (5) Where, pursuant to subsection (3) or subsection (4) of this section, a new punishent is substituted, the punishent iposed by the court-artial thereupon shall cease to have effect and the'; provisions of section 111 of this Act shall apply to the new punishent or punishents. Substitution of new punishent Upon the hearing of an appeal in respect of the legality of a sentence passed by a court-artial, the Court of Appeal, if it allows the appeal, shall forthwith refer the proceedings to the President or to such other authority authorised in that behalf by hi, who shall, subject to such conditions as ay be prescribed, substitute for the punishent iposed by the court-artial, such new punishent or punishents as such authority considers

61 , ',LA WS OF TE GAMBA,,.. -, The- Gabia Ared Forces CapJ , appropriate, and every punishj1ent coprised in the sentence passed by the court-rriartialshall thereupon cease to have force and effect; and the pro.v.isions.of section 136 of this Act shall apply to the new punishe~~ 'or punishents. - 6~ 131. An appellant ~ay' present his case orally or in writing, and in the prescribed fdr.. Appellant tol present his i case orally! or in ' writing The Attorney-General or any Person designated by hi shall Defence of [ undertake the defence' of an appeal brought under this Act. appeal Nothing in this Act affects the jurisdiction of any civil court Juri~d~ction i,to try a person (or any offence triable by that court. ' ~~uc~~11 '..,,.. l~~. Whe.r~ any p,erson subject to this Act has at an~ ti~ been ~e~ificate olr :tned. by _ a CVl COllrt, an officer of that court authonsed n that Civil court.! behalf by the Judge or the Magistrate thereof; as the case ay be, -. sh~ll-, i'f required. by any officer.of the Ared Forces, transit to i Ai that officer, a certificate setting out the offence for which that per- 'son was. tried together with the judgent or order of the court thereon, and shall be' paid for that certificate, the pr;::scribed fee The. President ay in pursuance of section 54, and subject. to sectjon '55, '~f the Constitution, itigate, coute, reit, grant pardon 01' substitute a less severe for of punishent iposed by a, court -aritial. ' 136. Where under the authority of this Act, a new punishent, ~y:rea_son.of subslitut~on or coutation replaces a punishent iposed by.a court-artial, the new punishent shall have force arid effect as if it had been iposed by the court-artial in the first inst~nce and the provisions of this Act shall apply accordingly; but where the new punishent involves incarceration, the ter of th.e new punishent shall be reckoned fro the date of substitution or coutation, as the case ay be. i ::; i ~ ~ et! 1:)1 President's! T! power to '" itigate etc. ~,0 t;; :'f; Effect of '\!:E new 1- punishent. J =1 i~ 14 ~ ~ ~ T! Z..., PART \f.-mscellaneous 137. (1) Any officer, Warrant Officer or Non-Coissioned Seconded Officer, who is a eber of any foreign ilitary force and subiect ~e~bers of ~ J lorelgn to the ilitary law of his own country and is seconded to serve forces.

62 LAWS OF THE GAMBA 64 Cap. 19 The Gabia Ared Forces with the Forces shall reain subject to the iliclry law of his country, and except where expressly provided, this Act shall not apply to hi. (2) Any person referred to in subsection () of this section who coits any offence against the provisions of this Act ay be held, tried and punished in The Gabia for the offence. ndenity for prison officer, etc No action shall lie in respect of anything done by any person in pursuance of a sentence of iprisonent, if the doing thereof would have been lawful but for a defect in any warrant or other instruent ade for the purposes of that sentence. Restriction on reduction of Warrant Officers etc (1) Warrant Officer shall not be reduced in rank except by sentence of a court-artial under this Act or by order of an officer not belo~ the rank of a Major, under whose coand the Warrant Officer serves. (2) A Non-Coissioned Officer shall not be reduced in rank except by sentence of a court-artial under this Act, by order of his Coanding Officer, the Force Coander or an officer not below the rank of a Major, under whose coand the Non Coissioned Officer serves. (3) For the purposes of this section, reduction in rank does not include reversion fro acting rank. Free passage 140. Where any eber of the Anned Forces is required to travel ~~r t:eebers on duty, he shall be entitled to a free passage on any public transport. Forces. Pretending to ~s!rter Any person who falsely represents hiself to an ary, naval, airforce, gendannerie or civil authority to be a deserter fro the Forces, shall be guilty of an offence and liable on conviction thereof to a fine not exceeding five hundred dalasis or to iprisonent for a tenn not exceeding six onths or to both such fine and iprisonent. Assisting a soldier to desert Any. person who- (a) procures or persuades any officer or soldier of the Ared Forces to desert or to absent hiself without leave;.. (b) knowing that any such officer or soldier is about to desert or absent hiself without leave, assists hi in so doing; or

63 LA WS OF TilE GAMBA T7ze Gabia Ared Forces Cap. 19 6~ (c) knowing any person to be a deserter or absentee without leave fro the Ared Forces, conceals hi or assists hi in concealing hiself or assists in his rescue fro custody, shall be guilty of an offence and shall be liable on conviction thereof to a fine not exceeding five hundred dalasis or to iprisonent for a ter not exceeding twelve onths or to both such fine and iprisonent Any person who obstructs or otherwise interferes with any Obstructing officer or soldier of the Ared Forces acting in the execution of then~bers of e lorces n his duty shall be guilty of an offence and liable on conviction thereof execution of to a fine not exceeding five hundred dalasis or to iprisonent duty. for a ter not exceeding six onths or to both such fine and iprisonent (1) Any person who acquires any ilitary ~tores or solicits Unlawful or procures any_person to dispose of any ilitary stores or acts p~rlchase +" f 1 h 11 b 1 l lary lor any person the disposg 0 any i itary stores s a e gul ty stores. of an offence, and shall be liable on conviction thereof to a fine not exceeding five hundred dalasis or to iprisonent for a ter not exceeding twenty-four onths or to both such fine and iprisonent unless he proves either- (a) that he did not know and could not reasonably be expected to know, that the chattels in question were ilitary stores; (b) that those chattels had (by the transaction with which he is charged or soe earlier transaction) been disposed of by order or with the consent of the President or soe person or authority who had, or who he had reasonable cause to believe to have, power to give the order or consent; or (c) that those chattels had becoe the property of an officer who had retired or ceased to be an officer, or of a soldier who had been discharged, or of the personal representatives of a person who had died. (2) A constable ay arrest without warrant any person who he has reasonable grounds for suspecting has coitted an offence against this section, and ay seize any property which he has any reasonable grounds for suspecting has been the subject of the offence. of L. R. 0.1/1990

64 LA WS OF TilE GAMlUA 66 Cap. 19 The Gabia Ared Forces Unauthorised use of decoration (1) Any person who- (a) without authority uses or wears any ilitary decoration, or any badge, wound stripe, or eble supplied or authorised by the President, the Council, or the Governent of The Gabia; (b) uses or wears any decoration, badge, wound stripe, or eble so nearly resebling any ilitary decoration, or any such badge, stripe or eble which is calculated to deceive; or (c) falsely represents hiself to be a person who is or has been entitled to use or wear any decoration, or any such badge, stripe or eble as is entioned in paragraph (a) of this subsection, shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding five hundred dalasis or to iprisonent for a ter not exceeding six onths or to both such fine and iprisonent. (2) Nothing in subsection (1) of this section shall affect the use or wearing of ordinary regiental badges or of broaches or ornaents representing the. (3) Any person who purchases or takes in pawn any Anny, Navy, Air Force or Gendararie decoration awarded to any eber of The Gabia Ared Forces, or solicits or procures any person to sell or pledge any decoration, or acts for any person in the sale or pledging thereof, shall be liable to a fine not exceeding five hundred dalasis or to iprisonent for a ter not exceeding six onths or to both such fine and iprisonent, unless he proves that at the tie of the alleged offence, the person to who thed~oration was awarded was dead or has ceased to be a eber of those Forces. Existing Forces.~ Regula(ions Any Forces in existence before the coenceent of this Act shall be deeed to be included in the Ared Forces raised and aintained under this Act The Minister ay, with approval of the President, ake regulations for securing the discipline and good governent of the Ared Forces and generally for the better carrying out of the objects and purposes of this Act.

65 LA WS OF TlE GAMBA The Gabia Ared Forces Cap. 19 The Gabia Ared Forces (Purchase of Discharge) Order SUBSDARY LEGSLATON The Gabia Ared Forces (Purchase of Discharge) Order ade under section This Order ay be cited as The Gabia Ared Forces (Purchase of Discharge) Order. 2. The aount payable by a soldier to obtain his discharge shall be four thousand dalasis. L.N. 10/1988, i ~- i 10 '0 ] ; l:l;j 10, n!xi ~ fj ~ la le ~ ~ ~ LR.O.l/19,

66 LA WS OF THE GAMBA 68 Cap. 19 The Gabia Ared Forces [Subsidiary] The Gabia National Gendarerie Regulations Regulation The Gabia National Gendarerie Regulations Arrangeent of Regulations PART.-DUTES OF THE GENDARMERE. Short title. 2. Duties of the Gendannerie. 3. Eployent of the Gendarerie. 4. Zonal boundaries. 5. Ordinary and extraordinary duties. 6.. Surveillance. PART.-NFORMATON AND REPORTS Gendarerie to give inforation to the authorities. Civilian authorities to give inforation to the Gendarerie. Relationship with other authorities. Subission of reports. Extraordinary events. Other reports. For of reports. Report on Custos atters. nforation relating to identity. Contents of reports. Copies of reports. Certified copy of reports to be sent to Attorney-General. Classification of reports. Reports relating to persons in custody. Recording of stateent. Drawing up of reports. PART ll. -GENDARMERE PERSONNEL 23. Unit Coanders. 24. Responsibility for public order. 25. The Judicial Corps. 26. Duties of the Judicial Corps.

67 LA WS OF TilE (;,.\;\UA The Gabia Ared Forces The Gahia National Gendarerie Regulations Cap. 19 ~9 [Subsidiar J Regulatiol/ 27. The Judicial Corps shall be responsible to the Attorney- General. 28. Duties of the General Duty Corps. 29. Surveillance duties. 30. The discharge of patrol duties. 31. The Gendarerie shall educate users. 32. Road accidents. PART V.-MANTENANCE OF LAW AND ORDER i 33. Protection of crowds and gatherings. 34. Use of force. 35. Duty of the Genciarerie under extraordinary circustances. 36. Duty of the Station Coander. 37. Health duties. Mailllel1ance of Puhlic Health Other Duties 38. Civil works at borders. 39. Enforceent of certain legislation. PART V.-POWERS OF THE GENDARMERE 40. Functions. 41. Search of preises. 42. Visit to scene of crie. 43. Custody Stateent Book. 45. Military duties. 46. Absence without leave. The Judicial Corps PART Vr.-MLTARY DUTES LR.O.990 i. i j ]= i--j : () i 10'! "C! iiil!:! 1 0 1, cl i" : ni,! n ~ rj' 1-0 ~ 1!:!1 S li 'e ~ ~ ~, n i ' i ' '.

68 LA WS OF TilE GAMBA 70 Cap. 19 The Gabia Ared Forces [ Subsidiary 1 77,e Gabia Natiollal Gelldarerie Regulatiolls Regulation 47. Military personnel on leave. 48. Extension of leave. 49. Death of ilitary personnel outside station. 50. Military personnel on duty. 51. Surveillance of ebers of the Ared Forces. 52. Surveillance over public places. 53. M ilitary vehicle control. 54. Defence duties. 55. Duties during war. Adinistration of Reserves 56. Preparation for obilisation. 57. Coplaints or allegations against soldiers. 58. Desertion. 59. Execution of bench warrant. 60. Execution of other court orders. 61. Transfer of persons in custody. 62. Protection of children. 63. Custos duties. 64. Price control. 65. Tax laws. 66. Security of iportant personalities. 67. Powers of identification. 68. Powers of arrest. 69. Power to set up road blocks. 70. Right to use ars. 71. Power to search. 72. Search of ilitary establishents. 73. Search of diploatic preises. 74. Power to inspect. 75. Power to seize. 76. Gendarerie ay request for assistance. 77. Power to order a edical exaination. 78. Right to passage. 79. Respect for individual liberty. 80. Unlawful arrests. 81. Unlawful entry. 82. Professional secrecy. 83. Liaison with the different services.

69 LA WS OF THE GAMBA The Gabia Ared Forces The Gabia National Gendarerie Regulations! Cap. 19 \71! [Subsidiarr 1! Regulation 84. Conflict with other security forces. 85. Oath. PART V.-RELATONS WTH OTHER AUTHORTES N GENERAL 86. The Gendarerie and the authorities. 87. A requisition. 88. Definition and objectives of requisitions. 89. Addressee of the requisition. 90. Requisitions which appear to be irregular. 91. Responsibility for the execution of requisitions. 92. For C?f requisitions. PART V.-THE MNSTER OF DEFENCE THE MLTARY AUTHORTES AND THE GENDARMERE 93. Responsibilities of the Minister of Defence. 94. Report to the Minister of Defence. 95. Military authorities and the Gendarerie. 96. Deployent of the Gendarerie by ilitary authority. 97. Reinforceent PART X. -THE MNSTER OF THE NTEROR THE ADMNSTRATVE AUTHORTES AND THE GENDARMERE 98. Powers of the Minister of the nterior. 99. Adinistrative authorities and the Gendarerie Report to the adinistrative authorities Mode of inforation. i L.R.O.!19r

70 LA WS OF TilE GAMBA 72 Cap. 19 The Gabia Ared Forces [Subsidiary] T7ze Gabia National Gendarerie Regulations Regulation PART X.-THE ATTORNEy-GENERAL THE JUDCAL AUTHORTY AND THE GENDARMERE 102. Powers of the Attorney-General Other Ministries and the Gendarerie. L.N. The Gabia National Gendarerie 15/1989. Regulations ade under section 147 PART.-DUTES OF THE GENDARMERE Shon title and coenceent. 1. These regulations ay be cited as The Gabia National Gendarerie Regulations, and shall be deeed to have coe into force on the first day of July, Duties of the Gendarerie. 2. (1) The Gendarerie shall- (a) together with the Police Force be eployed in the preservation of law and order, protection of property, prevention and detection of crie, apprehension of offenders and the enforceent of all laws and regulations with which the Police are charged; (b) together with the Ary, be eployed in the defence of The Gabia, and for the aintenance of public safety and public order and such other duties as ay be deterined by the President; and (c) act as ilitary police for the purposes of the Ary and Security Forces. (2) Without prejudice to the generality of paragraph () of this regulation, the Gendarerie shall regularly carry out a surveillance of the whole of The Gabia. and in particular. the rural areas and the highways.

71 LAWS OF THE GAMBA The Gabia Ared Forces The Gabia National Gendarerie Regulations Cap. 19 [ Subsidiary!) i i, 3. () The Gendarerie shall, in the discharge of their duties Ethloyeqt under regulation 2 of these regulations, act only- ~fen:areric (a) on the orders of the Coander-in-Chief; (b) on the orders of the Minister; (c) on the orders of the Minister of the nterior under paragraph (1) of regulation 99 of these regulations; (d) on the orders of the Attorney-General under paragraph (1) of regulation 103 of these regulations; or (e) subject to these regulations, on a request for assistance fro any other authority. (2) The Gendarerie shall discharge its duties openly and in noral j 1= ilitary attire and shall noti-i i i (a) panicipate or interfere in po itics; or i i (b) undertake covered operations. 4. The Gendarerie personnel shall, ordinarily, operate within Zonal ~ the Zone assigned to the: Provided that they ay operate outside such Zone on the orders of the copetent authorities or while in pursuit of offenders: And provided further that the copetent adinistrative, judicial and Gendarerie authorities are so infored as soon as practicable. :() 1(') i boundari~t 5. The Gendarerie duties shall consist of- Ordina ~~ la ) or d ary d utles, w hi c h s h a 11 b e carne. d out d l al y or at terva. ' s edxt~or uues. i~l ~ i to be deterined by their coanders on their own initiative i ~ without a requisition fro any of the different authorities with ::; who the Gendarerie is connected; and ~. (b) extraordinary duties, which shall be carried out only on superior ~ orders or on requisitions by a copetent authority. 6. (1) The Gendarerie shall carry out a continuous surveillance of The Gabia in order to prevent threats to public order and to quell public disturbances. (2) n discharging its duties under this regulation, the Gendarerie ay intervene in any place where public order ay be threatened, ~ ~. "fl! j..", ~.!j! {f)! ~ ~!: ~i Survei/lanl i. i 11.

72 LA WS OF TilE GAMBA 74 Cap. 19 The Gabia Ared Forces [Subsidiary] 17,e Gabia National Gendarerie Regulations and ay use reasonable force to avert such threat or quell any public disturbance. PART.-NFORMATON AND REPORTS Gendarerie to give inforation to the authorities. 7. The Gendarerie shall, without delay, convey to the copetent authorities referred to under regulation 10 of these regulations, any inforation it has acquired which ay affect public order or public safety. Civilian authorit ies to give inforation to the Gendarerie. 8. Civilian authorities shall convey to the Gendarerie any inforation they ay consider useful for the execution of their duties, or to have a direct or indirect bearing on public or general security. Relationship with other authorities. 10. (1) Reports on all iportant events, particularly the extra- ordinary events specified in regulation 11, shall be subitted to all the copetent authorities referred to under regulation 9, of these regulations. Subission of reports. 9. (1) Officers and Non-Coissioned Officers of the Gendarerie shilll aintain contact with the authorities in order to receive inforation readily and shall report or counicate only with the following authorities directly: (a) the National Security Service in atters relating to public order or general security; (b) with the Attorney-General in criinal atters and atters relating to the law; and (c) with the ilitary authorities on events or inforation concerning the Ared Forces.. (2) n addition to the atters referred to under regulation 10, the Gendarerie shall deal with these three authorities on any of the extraordinary atters enuerated in regulation 11, of these regulations. (3) n the event that any inforation is of interest to differentauthorities, such authorities shall be infored siultaneously. (2) Such reports shall be subitted by the Coanding Officersor in their absence, by the Platoon Coanders, and shall be addressed to the following authorities as appropriate: r

73 LA WS OF THE GAMBA The Gabia Ared Forces Cap. 19 ~5 [ Subsidiary!] The Gabia National Gendarerie Regulations (a) the copetent District Chief; (b) the copetent Divisional Coissioners; (c) the Attorney-General; (d) the Coanding Officer, if the report is being subitted by a Platoon; (e) the Coander of the General Duty Corps; and (f) the Coander of the Gendarerie, in four copies. (3) Each authority receiving a report ade under this regulation, shall take necessary action as soon as reasonably practicable. (4) Unless incapacitated, all reports on the extraordinary events referred to under regulation 12 of these regulations shall recei ve the personal attention of the Coanding Officer. 11. The extraordinary events referred to in these regulations which Extrawarrant the subission of reports include the following: (a) disasters which necessitate urgent and decisive easures, either in bringing help to people or in protecting people and properties (floods, cave-ins, earthquakes, ajor traffic accidents, air disasters, ship-wrecks, explosions, wide-spread fire and siilar disasters) ; (b) events which affect public order or internal security and which require special easures to be taken to aintain order, including general strikes, riots, ared attacks, serious provocations or the discovery of aunition depots or clandestine workshops for the anufacture of explosives or siilar events; (c) any acts other than cases of espionage which are of interest to national defence, including serious or general attacks on sensitive areas, posts or sentries, inciteent of the ilitary to indiscipline or to desertion or any incursions into Gabian territory by foreign troops or gangs; (d) any offences which, due to their frequency, either in view of the circustances in which they were coitted or as a result ofthe iportance of the offenders, have aroused unrest in the areas concerned or call for special easures to be taken, including acts ofbanditory, attacks on public officers, robbing of public safes, attacks on public safes, public roads, telephone or telegraphic lines. events. ordinary i ; i LR.O J/J~

74 LA WS OF THE GAMBA 76 Cap. 19 The Gabia Ared Forces [Subsidiary] The Gabia National Gendarerie Regulations Other reports. For of reports. Reports on Custos atters. 12. () The Gendarerie shall also subit a report, on the conclusion of each operation, in order to have a full record of its deployent and investigations. (2) t shall also keep a record of all offences investigated by it or reported to it. 13. () Reports ay be presented on ordinary paper in the approved prescribed for. (2) A report shall contain a true account of events. the observations of the person aking the report and an accurate record of the stateent of all the persons concerned, which shall be put together in a prescribed stateent file and in the prescribed for. (3) A report shall state- (a) the date on w1lich the report was written and the date of the findings~ and (b) the respective ranks of the investigating officers. (4) A report shall coprise four Parts as follows: Part - shall state- (a) the date of coenceent of the report; (b) the naes of all those in the investigations: and (c) that the Gendarerie acted whilst in unifor and in accordance with superior orders. Part l - shall state the subject atter of the investigations, give details of the inforation and evidence gathered and any arrests ade. Part - shall contain the conclusion of the report indicating the. nuber of copies ade and to who subitted and shall bear the... signature of the reporting officer. Part V - shall contain a concise analysis indicating the nature of the offence, its author and the nature of the inforation received. 14. (1) Reports on atters relating to Custos shall be ade in" the anner prescribed by Custos legislation. (2) The Gendarerie shall liaise with the nearest Custos Office for this purpose.

75 LA WS OF THE GAMBA The Gabia Ared Forces Cap [Subsidiary j The Gabia National Gendarerie Regulations 15. () nforation disclosing identity, which ust be included nforation in a report, shall vary according to the nature of the offence and the f~~~:~ro particulars of the offender. (2) f the offence coitted is a isdeeanour, such inforation shall contain- (i) the first and other naes; (ii) surnae; (iii) date and place of birth; (iv) nationality; (v) occupation; and (vi) address. (3) f the offence coitted is a felony, the following particulars ust be added t6 the particulars specified under paragraph (2) of this regulation: (i) arital status; (ii) nae of eployer (if ilitary, state rank and date and place of recruitent; if erchant seaan, state place of registration and registration nuber); (iii) (iv) (v) qualifications; associates and contacts; and criinal record (if any). (4) f the report relates to ajuvenile, it shall indicate the nae and address of the person legally responsible for hi. (5) f the report relates to a feale, it shall indicate her aiden nae, arital status and nae of spouse. 16. () Except in the case of related offences, each offence shall Contents of f-- be the subject of a separate report. repons. (2) Reports on arrest shall be separate and shall state whether the apprehended persons had been carefully searched at the lie of arrest and shall contain an exact inventory of any articles found on the person apprehended, which inventory shall be signed by such person. :xl Ul "tl o Z ft l> Cl, =l FY g i?j ~ ~ i ~ i LR.O./99f

76 LA WS OF THE GAMBA 78 Cap. 19 The Gabia Ared Forces [ Subsidiary] The Gabia National Geruiarerie Regulations Copies of reports. Certifi.:d copy of report to be sent to Attorney General. 17. (l) Reports shall be prepared in as any copies as there are authorities concerned in the atter. (2) One copy shall be sent iediately to the copetent authority and one to the Coanding Officer. (3) The Coanding Officer shall check the report for errors or oissions and shall, if the report is in order, transit it with his coents to the Coander of the Gendarerie. 18. A certified true copy of every report shall be sent to the Attorney -General. Classification of reports. Reports relating to persons in custody. Recording of stateent. 19. Reports shall be classified into three categories- (a) those concerning aterial objects offences and isdeeanours; (b) those which are valid up to the point where false eleents ay be included; and (c) those which are only for inforation_ 20. n all reports concerning interrogations of persons in custody or in any docuents prepared for this purpose, the following shall appear: (a) place and reason for the custody; (b) date and tie of custody; (c) duration of each interrogation (coenceent and ending); (d) date and tie of release of the person or of his appearance before a copetent Magistrate; and (e) inforation given to the person in custody concerning his rights. 21. (1) A stateent shall contain the tie it was taken. (2) At the end of the recording of each stateent, it shall be read by the person aking the stateent or in the case of an illiterate, it shall be read to hi. (3) The person aking the stateent shall thereafter be invited to

77 LA WS OF THE GAMBA The Gabia Ared Forces Cap. 19 The Gabia National Gendarerie Regulations [ Subsidiary 1 indicate whether he has any coents to ake and if he does not, the following stateent shall be included- "The... (date)... at (tie), have read the above stateent. confir it and have nothing to add to it or delete fro it. " (4) f any corrections are desired they shall be ade and the stateent shall then be copleted in the anner specified in paragraph (3) of this regulation. (5) The person aking the stateent shall then sign or thub print the stateent and in the case where such person refuses to sign, such fact shall be entioned in the stateent. f the person concerned does not understand, his stateent shall be read and translated to hi in the language which he understands, in which case the person writing the stateent ust indicate at the end of the stateent that it was read out and translated by the writer with or without an interpreter. 21. All reports ust be drawn-up in an objective, clear and concise anner, shall be recorded iediately after the occurrence of the event being reported, and shall be transitted without delay to the authorities who have to deal with the atter. PART ll-gendarmere PERSONNEL 22. (1) Officers and Non-Coissioned Officers shall assue ilitary coand over units over which they are in charge, in accordance with any regulations in force relating to the Ary and the Gendarerie. (2) The officers of the General Duty Corps shall direct and control the operations of the stations in their areas. 23. (l) All officers of the Gendarerie, Coanders of Stations, and Coanders of ntervention Platoons, shall be eployed in aintaining public order, and all other personnel of whatever rank shall work under the direction of such senior officers. (2) Gendannerie Officers ay request assistance fro other security forces in the discharge of their duties i2 Drawing-upl ~ of reports. ' Xi rri 'S: :z -j o c::!:') lfi! H id.i l!'n i~ 10 ~ 1S!1 Unit ~.CoandOn ; Responsibility for public order. LR.O.l/l~

78 LAWS OF THE GAMBA 80 Cap. 19 The Gabia Ared Forces [Subsidiary] The Gabia National Gendarerie Regulations The Judicial Corps. 25. The Judicial Corps shall consist of (a) all Officers of the Gendarerie; and (b) all Non-Coissioned Officers who successfully coplete a judicial police course. Duties of the Judicial Corps. Cap. 12: (1) The Judicial Corps shall be eployed in- (a) preparing reports on all offences reported to the; (b) undertaking investigations in accordance with the Criinal Procedure Code; and (c) carrying out duties assigned to the by the Attorney-General. (2) The Judicial Corps ay request the assistance of other security forces in the discharge of their duties. The Judicial Corps shall be responsible to the Allorney General. Duties of the General Duty Corps. Surveillance duties. 27. (1) The Judicial Corps shall be under the direction of the Attorney-General in the exercise of their functions. (2) The Attorney-General shall only exercise his authority by way of directives or request for inforation. (3) Any directive or requests by the Attorney-General shall be addressed to the Coander of the Gendarerie. 28. (l) The General Duty Corps shall be eployed in enforcing law and order. (2) The Ministry of the nterior, The Ministry of Local Governent and Lands and any other Ministry in charge of special police branches ay co-ordinate activities and easures of the General Duty Corps. 29. n the discharge of their surveillance duties, the Gendarerie shall aintain active surveillance over- (a) lunatics, ex-convicts, beggars, vagabonds, suspects and persons under house arrest; (b) noadic populations and persons without a fixed abode in their areas of jurisdiction; and (c) ports and airports in the anner, and under the conditions, established by the copetent authorities.

79 LAWS OF TilE GAM81A The Gabia Ared Forces Cap he Gabia National Gendarerie Regulations [ Subsidiary 30. (1) The Gendarerie shall carry out traffic patrol duties and aintain free passage in order to ensure axiu security to users. (2) The Coander of the Gendarerie shall give general directives, devise teporary safety easures for the prevention of road accidents and shall review procedures for greater efficiency. 31. The Gendarerie Unit in charge of the highways shall educate users, keep the copetent authorities infored of any need for the iproveent of the road network and its signal syste, and prevent acts that are likely to cause accidents.. The discharge of patrol d-uties The Gendarerid shall educat~ users. 32. () The Gendarerie shall visit the scene as soon as they are Road notified of a road accident. accidents. (2) They shall take the necessary easures to prevent other accidents, provide eergency first aid to the wounded or transport the to the nea1"est hospital or dispensary, as the case ay be. (3) They shall thereafter investigate the nature and cause of the accident and prepare a report. PART V. - MANTENANCE OF LAW AND ORDER 33. (1) The Gendarerie shall always be within reach of large gatherings of persons such as fairs, feasts and public cereonies in order to aintain order and, before such gatherings, shall patrol surrounding roads to protect individuals or traders. (2) The Gendarerie shall disperse all unlawful gatherings of persons and shall arrest groups, ared or unared, intending to coit an offence. (3) Where a Gendarerie patrol, without any specific instructions, is faced with a riot of such proportions as to ake it difficult for the patrol to control it, the officer in control of the patrol shall- (a) irrunediately infor the adinistrative authority concerned and the Attorney-General and the Coanding Officer who shall give such support as ay be necessary to deal with the situation; and (b) shall identify the ring leaders. t---~ i i n! lo ]: ~i :tjl g: i!':i, itil' :i! :lji f l! fj)1 ~! :;;; Protection ~f!;;! crowd~ and ~ gathenngs. F. i~l!!f!~ ::rj 1 ~ f =il rnl ~,! 1-1 ~'! i H i,.1 L.R.O.l/l99p

80 LA WS OF THE GAMBA 82 Cap. 19 The Gabia Ared Forces [ Subsidiary] The Gabia NaJional Gendarerie Regulations (4) Public disturbances shall be quelled with the iniu offorce necessary. (5) After such disturbances have been quelled, a report ust be subitted giving a detailed account of the circustances before and after the disturbances and which shall also indicate the ring leaders. (6) Persons arrested by the Gendarerie shall be taken before a Magistrate as soon as reasonably practicable. Use of force. 34. (1) The Gendarerie shall not, without the perission of the Coander-in-Chief, use ars (bayonets, firears or explosives) except as specified under regulation 70 of these regulations. (2) n the discharge of its duties under this Part, the Gendarerie ay act in concert with other Security Forces and ay also be strengthened by eleents fro the Ary, if so authorised by the Coander-in=.Chief. (3) Methods and techniques concerning the aintenance oflaw and order shall be set out in specific directives for the guidance of the Gendarerie. Extraordinary Events Duty of the Gendannerie under extraordinary circustances. Duty of the Station Coander. 35. (1) n the event of any of the events specified under regulation 11 of these regulations occurring, the Gendarerie shall, if practicable, first infor the copetent authorities and visit the scene of the event. (2) f on arrival at the scene, the copetent authorities are absent, they ay take the initiative to apply urgent easures to rescue persons in charge, to restore law and order and to protect property. 36. The copetent Station Coander shall- (a) take all possible action necessary to cobat the disaster and to save life and property; and (b) carry out investigations into the cause of the disaster and arrest any suspects, and shall leave the scene only after ensuring that his presence is no longer necessary.

81 LA WS OF THE GAMBA The Gabia Ared Forces Cap. 19 sb i [Subsidiary ~ The Gabia National Gendarerie Regulations Maintenance of Public Health 37. (1) The Gendarerie shall take precautionary easures to prevent, where possible, the spreading of contagious diseases and shall to this end, ensure that health easures are enforced and ust report all infringeents of these easures. (2) Where dead anials are discovered, the Gendarerie shall notify the copetent authorities, Village Heads or elders as the case ay be, and request that the dead anials be buried or destroyed cheically or by fire if the owner is unknown, and shall report any failure to enforce such easures. Health duties. Other Duties 38. (1) The Gendarerie shall re!jort any unauthorised civil works being executed on the border zones, which ay have any bearing on the defence of the territory. (2) The Coander of the Gendarerie shall also infor the Minister of any such report. 39. The General Duty Corps shall, as adinistrative police and in collaboration with the copetent authorities, ensure that regulations relating to the following are coplied with: (a) foreigners; (b) hawkers, rent, public places, deonstrations and drinking places; (c) public health, edicines and drugs; (d) trade and the possession of ars and explosives; (e) buildings; (f) press and display of notices; (g) public transportation; (h) fishing and hunting; (i) protection of the environent, especially vegetation and anials; i !(J Civil works i ~ at borders..:; :xi Enforce.entl ~ of certa,:<': legislation. ~ l~ ic i~ \~) '~,;l:1 "" )",!~ ' s; ~! L.R.O.l/l~

82 LA WS OF THE GAMBA 84 Cap. 19 The Gabia Ared Forces [ Subsidiary] The Gabia National Gendarerie Regulations UJ econoic atters and price control; and (k) gabling. PART V.-POWERS OF THE GENDARMERE The Judicial Corps Functions. Cap.12:01. Search of preises. Cap. 12: (1) The Judicial Corps shal investigate offences, gather evidence, and prosecute suspects in the appropriate courts. They shall carry out these functions under the supervision of the Attorney-General and in accordance with the provisions of tj1e Criinal Procedure Code. (2) Mebers of the Judicial Corps ust report to the Attorney General all atters investigated by the and which ay lead to prosecution. 41. The Judicial Corps shall have the right to enter and search any preises in accordance with the Criinal Procedure Code. Visit to scene of crie. Custody. 42. n the event of a suspected ajor criinal offence, the copetent Coanding Officer shall visit the scene of crie. He shah then report the crie to his own iediate superior officer and carry out investigations. 43. (1) An arrested person ay be kept in custody for interrogation or to facilitate investigations. (2) No person who has been taken into custody without a warrant for an offence other than one punishable with death ay be detained for longer than 24 hours unless he is brought before a copetent subordinate court and ordered by the court to be reanded in custody: Provided that the Gendarerie ay release such a person on his executing a recognisance with or without sureties for reasonable aounts to appear at a station or before a subordinate court at a tie naed in the recognisance. (3) f it is necessary for a person in custody to undergo edical exaination, he ust be escorted. f the doctor certifies that the person - is edicaly unfit to reain in custody any longer, the Attorney General shall be infored and his instructions in the atter carried out.

83 LA WS OF THE GAMBA The Gabia Ared Forces Cap. 19 8~ : [Subsidiary ~ The Gabia National Gendarerie Regulations (4) The period of detention in custody begins fro the oent of arrest. (5) An arrested person ay be kept in custody at any Gendarerie establishent, any Police Station or any District Tribunal Cell. 44. (1) All Gendarerie Units shall keep a Stateent Book in an Stateent approved for, duly signed by the Unit Coander. Such book ay Book. be used in all investigations. (2) All stateents and actions taken in any particular case ust be entered in a Stateent Book. (3) All stateents ust be signed by the persons who ade the and the investigating Officer and, in the case of an illiterate, a witness. PART V.-i\LTARY DUTES 45. (1) The Military Corp shall be responsible for the aintenance Military of discipline of ilitary establishents with regard to ilitary duties. personnel. To this end, its duties shall include: (a) keeping a watch and aintaining appropriate control over ilitary personnel and their activities; (b) giving inforation to ilitary authorities; and (c) protecting ilitary property and interests. (2) Special Units of the Military Corps ay be created to operate provost stations. 46. The Gendarerie has the power to arrest any eber of the Ared Forces (Gendarerie, Ary, Navy and Air Force) who fails to report for duty at the end of his leave or approved absence or who, being out of his garrison, is not in possession of a valid oveent order, appropriate leave authorisation docuents or a valid approved absence docuent duly signed by the copetent authority. Offenders shall be handed over to the nearest ilitary authority copetent to deal with the. 47. (1) A Gendarerie Station Coander shall ensure that any eber of the Ared Forces on leave in the area of his station, reports for duty at the end of his leave. f there is no garrison in the area, r -; Absence :!l without ' ~ leave. Military! personnel on leave. ;:;i s &:.~ 1- L.R.O.l/l~!,

84 LA WS OF THE GAMBA 86 Cap. 19 The Gabia Ared Forces [Subsidiary] The Gabia National Gendarerie Regulations the person who has ore than eight days leave, ust infor the Station Coander of his presence. This shall be recorded in a file kept for this purpose. (2) The Gendarerie shall infor the local ilitary authority of all ebers of the Ared Forces on leave, even if on convalescence leave, in case their conduct and or behaviour ay cause the to be recalled to base. Extension of leave. 48. (l) The Gendarerie shall infor the copetent ilitary authorities of the reasons which ay have prevented any person fro reporting for duty at the end of his lease or authorised absence. (2) When a person staying at hoe on leave is for good reason, unable to report for duty at the end of such leave, and needs sick leave, or an extension of leave, the Gendarerie shall transit his docuents to the appropriate local ilitary authority, in accordance with leave and off-duty regulations. (3) The Gendannerie shall subit a report on each case, such report stating whether or not the person concerned reported for duty. Death of ilitary personnel outside station. 49. (1) n the event of the death of a eber of the Ared Forces, the Gendarerie Station Coander shall- (a) forward a copy of the report concerning the death, with an inventory of the deceased's personal effects, to his Quarteraster; and (b) forward a copy of the sae report, with a copy of the death certificate to all ilitary authorities concerned. (2) f the death was caused by a contagious disease or by an epideic, the Station Coander shall bu the person's personal effects on the spot and record the fact in a report. (3) n the case of the death of an Officer, the Station Coander of the area in which the death occurred shall infor the local ilitary authority as soon as possible. Military personnel on duty. 50. (1) The Coander of a Military Unit ay in serious cases,. and at his discretion, directly request the Gendarerie in writing giving reasons, to receive a person who has been charged and who belongs to his Unit. r

85 LA WS OF THE GAM81A The Gabia Ared Forces Cap The Gabia National Gendarerie [ Subsidiary 1 Regulations i (2) The Gendarerie shall not refuse such a request or challenge the reasons for the arrest. (3) Military personnel apprehended for any offence shall be handed over to the Gendarerie on the written orders of the Head of the Unit. They ay be handcuffed if they turn violent or were arrested for an offence involving violence. (4) n any area where there is a Gendarerie station, the Station Coander shall assist Unit Coanders and Officers as uch as possible on the accoodation and feeding of the Unit. 51. The Gendarerie shall keep watch over all ebers of the Surveillance A re d F orces OUtS d e b arrac k s Wt. h regar d to: of of the ebers Ared i (a) the observance of disciplinary rules; (b) the attitude, appearance and behaviour of personnel; and (c) all atters in which personnel are involved. Forces. 52. The Gendarerie shall keep particular watch- Surveillance :<l over public (a) in public places (stations, drinking establishents, cineas and places. ~ dancing halls etc.); (b) on the public highway during noral service; (c) on special orders by ilitary authorities. er'" ':ca o 'T f1'l g 53. The Gendarerie shall assist the various forces in the control of ilitary vehicles. This duty shall include- (a) the checking of prescribed docuents to be carried on vehicles and on passengers; (b) registration and identification of vehicles; (c) the application of disciplinary rules specific to ilitary traffic; (d) ensuring that vehicles are used for ilitary purposes only; (e) ensuring that no unauthorised passengers (especially civilians) are carried on ilitary vehicles; (j) the application of the Highway Code; and (g) the enforceent of regulations regarding nature and weight of load. Military vehicle control., LR.O.l/l

86 LA WS OF THE GAMBA 88 Cap. 19 The Gabia Ared Forces [Subsidiary] The Gabia National Gendarerie Regulations National Defence Defence duties. Duties during war. 54. () The Gendarerie shall be a key force in the internal defence of the territory. t shall actively participate in the civil and econoic defence of The Gabia. 55. At tie of war, the Gendarerie shall, as Military Corps Units attached to the Ary, discharge its duty by keeping order aong the deployed Units, rendering prison services, carrying out traffic duties and, if necessary. by guarding and escorting prisoners of war. (2) As part of its ilitary training, the Gendarerie ay, with the approval of the Minister of Defence, participate in anoeuvres with the Ary, Navy or Air Force. Adinistration of Reserves Preparation for obilisation. 56. (1) Gendarerie Units shall participate n the control of Reserves by- (a) advising the ebers of the Reserve Forces as to their obligations; (b) keeping an up to date record of service on all changes in the status or doicile of the Reservists; (c) reporting to the ilitary authorities on each eber of the Reserve Force. Coplaints or allegations against soldiers. 57. (1) Coplaints and allegations against soldiers ay be ade to the Gendarerie who shall carry out investigations into such coplaints and allegations. (2) The investigating Officer shall report their findings to the. Coander of the Gendarerie. (3) The investigations shall be carried out either in the course of noral duties, by order, or by requisitions fro the copetent authorities, in accordance with these regulations. (4) The Coander of the Gendarerie shall infor the Minister of Defence of the action taken and shall coply with his instructions. Desertion. 58. (1) The Gendarerie shall carefully search for and arrest deserters wherever they are to be found.

87 LA WS OF THE GAMBA The Gabia Ared Forces Cap The Gabia National Gendarerie Regulations [ Subsidiary (2) Deserters found by the Gendarerie shall be arrested and handed over in the shortest possible tie to the nearest ilitary authority. (3) The arresting Officer shall ake a report to the coander of the Gendarerie. (4) The Gendarerie shall arrest any person who harbours or eploys a deserter or who has facilitated his desertion. 59. The Gendarerie shall, subject to the provisions of the Execution Criinal Procedure Code, execute bench warrants issued by a court. ~a~~~nt. 60. (1) Gendarerie personnel ay be required to serve Execution suonses issued under the provisions of The Gabia Ared Forces ~~~~~s~oun Act. Cap. 19. (2) They ay also in exceptional cases, be required to serve suonses to parties or to witnesses suoned by courts. 61. (1) The escort and custody of offenders arrested by Custos officials ay be entrusted to the Gendarerie. (2) Rules relating to the custody and transfer of detainees shall be prescribed by specific instructions. (3) Transportation costs shall be et by the adinistrative authorities with respect to civilian detainees. (4) Travelling expenses of the escorting tea shall be borne by the Gendarerie. (5) n the event of the death of a prisoner while being escorted,. the nearest adinistrative authority shall be infored and the, provisions of the Criinal Procedure Code shall apply. 62. The Gendarerie shall protect children against any physical or oral danger. They ay search any preises while investigating offences coitted by juveniles or of which they are the victis, or against any harful practice or influence (participating in dangerous. escapades, begging or visiting places where alcohol ay be available. They ay also investigate the background of any juvenile and his faily for the inforation of the copetent authorities. Transfer of persons in custody.,. :J': 0 t: (;) :A (j) 0 " z (j) l:- Cl F =i la t: -1 :0 l: =i Cap. 12:01. s: z l-i Protection 0 children. LR.O.l/19~

88 LAWS OF THE GAMBA 90 Cap. 19 The Gabia Ared Forces [ Subsidiary] The Gabia National Gendarerie Regulations Custos duties. Price control. Tax laws. Security of iportant personalities. Powers of identification. 63. The Gendarerie shall assist the Custos authorities in the prevention of suggling and ay ipound goods unlawfully carried into the country and ay arrest the offenders and hand the over to the Custos authorities. 64. The Gendarerie shall also assist the Chief Price Control Officer by checking on prices iposed by traders and by reporting on illegal pricing, hoarding and also on any contravention of the price control laws. 65. The Gendarerie shall have the power to investigate and report on all offences against tax laws and generally ensure that licenses and taxes are paid. 66. (1) At the request of the adinistrative authorities, the Gendarerie shall provide such services as are required for the reception of iportant -personalities and for their attendance at official cereonies. t shall also provide any security needed. (2) f due to inadequacy of staff or aterial it cannot on its own provide such services, the Gendarerie ay act jointly with other Security Forces in an appropriate anner. (3) The requireents of the requesting authority ust be clearly stated in the letter of request addressed to the Coander. Each Unit shall be under the direct coand of the Coander. (4) Where a Coander of a Unit discovers that the Unit's strength and aterial support is inadequate for its task, he shall report the fact to his iediate superior officer. 67. (1) n order to enable it to investigate suspected persons, individuals oving around without necessary valid docuents, and wanted persons, the Gendarerie shall have power to deand identity docuents fro whosoever and in any circustances whatsoever. (2) No person ay refuse to show his identification docuents when required to do so by a eber of the Gendarerie in unifor, but such identity check ust neither be tedious nor arbitrary and the Gendarerie ust perfor it politely and refrain fro coitting any vexatious act or abuse of power. (3) Disciplinary action shall be taken against any eber of the Gendarerie guilty of infringeent of paragraph (2) of this regulation.

89 LAWS OF THE GAMBA The Gabia Ared Forces Cap The Gabia National Gendarerie Regulations [Subsidiary ] (4) The Gendarerie ay detain any person for the purpose of identification or interrogation, in accordance with the Criinal Procedure Code. The Gendarerie ay detain any person who refuses Cap. 12:01. to disclose his identity, produce his identity docuents, or cooperate in the verification of his identity. (5) Any vehicle driver who refuses to disclose his identity and that of his vehicle shall be taken to a station and his vehicle ipounded. The systeatic identification of all unknown persons (new residents, visitors in transit, seasonal visitors) ay be carried out as a basis of the investigative functions of the Gendarerie. 68. () n aking an arrest, the Gendarerie officer shall actually Powers of touch or confine the body of the person to be arrested, unless there arrest. be a subission to custody by word or action. (2) Where such person forcibly resists or attepts to evade arrest, such Gendarerie Officer or other person ay use all eans necessary to effect the arrest. (3) The Gendarerie shall have the power to arrest the following persons in accordance with the Criinal Procedure Code: (a) a person found coitting a crie; (b) a person who has just coitted a crie; (c) a person in respect of who a coittal order, warrant of arrest or a detention order has been issued; (d) offenders fro the Ared Forces; and (e) persons in a state of drunkenness. 69. The Gendarerie ay set up road blocks, using the usual barriers or any other suitable object, in order to stop and search all or particular vehicles, or in order to divert traffic. Road blocks ay not be set up or reoved except by order of the Coander of the Gendarerie, a Station Officer, or the General Duty Corps. 70. (1) A Gendarerie ay only use firears in the following special circustance: (a) in self-defence against ared attack; (b) under lawful coand; Cap. 12:0l. 9 :k Power to set :j "" up road blocks. S Right to use anns. LR.O.l/l990 ~

90 LA WS OF THE GAMBA 92 Cap. 19 The Gabia Ared Forces [Subsidiary] The Gabia National Gendarerie Regulations (e) in defence of persons, posts or installations under its control; (d).to set-free the authorities copetent to requisition the Ared Forces when the latter are unlawfully prevented fro doing so; (e) when a suspected person ordered to stop by loud and repeated calls of "Gendarerie, halt!", tries to escape and cannot be stopped other than by the use of firears; (f) when any suspected person in charge of a vehicle, boat or other eans of transport, ignores an order to stop. (2) Any use offorce authorised by this regulation shall be proportionate to the threat which necessitates such use. Power to search. Cap. 12: The Gendarerie shall have power to enter any preises. vehicle or vessel at any tie to search for persons or objects if necessary in the execution of their duties, in accordance with the Criinal Procedure Code, especially in the following circustances: (a) at the request of any lawful occupant; (b) on lawful orders during a state of eergency; (e) in order to investigate and report on suspected offences relating to drugs; (d) by court order; (e) where an offence has been coitted in the presence of the suspected person and of a witness; and (f) in all other cases provided for by law. Search of ilitary establishents. 72. Military establishents ay be searched only in response to a requisition fro the Head of the establishent. Search of diploatic preises. 73. Diploatic preises ay be searched only at the request, or with the perission, of the Head of the diploatic ission. Power to inspect. Cap. 12: (1) The Gendarerie shall have power to search any arrested person including the person's vehicles, and personal effects in the.execution of their lawful duties, in accordance with the Criinal r Procedure Code.

91 ! LRoOol/l9901 LA WS OF TilE GAMBA The Gabia Ared Forces Cap. 19 9~ The Gabia National Gendarerie Regulation.f [ Subsidiary ~ (2) The search shall be carried out at the tie of the arrest and preferably in the presence of two witnesses. (3) Woen shall be searched by woen. (4) The result of any search shah be recorded in the for of an inventory. 75. () At the end of a search, the objects or docuents that are Power (0 relevant to the offence being investigated and those that are other- seize. wise illegal shall be seized. (2) Any seizure shall be carried out in the presence of the person suspected to have coitted the offence or the person in whose house such seizure takes place, and two other witnesses. The articles seized shall be listed in an inventory with the help of the person concerned and shall be presented to hi for acknowledgeent. 76. (1) The Gendarerie ay request for assistance or support in the execution of its general duties and in all cases when it is attacked or threatened during the perforance of its functions. (2) n the absence of representatives of the copetent civilian authority at the scene of an accident or a disaster, or in the event of an attack, the Gendannerie ay directly solicit the physical or aterial assistance of ebers of the public or other official bodies. (3) The Gendannerie ay coand the use ofa public subscriber's telephone in an eergency 0 (4) The Gendannerie ay request any person to serve as a witness in any atter and such request shall not be refused by any person. 77. When any offence or a serious road accident is the subject of a report, the Gendarerie ay order any person to undergo edical exaination. i! i it; i~ 1Ft, Gendareri~ :Ai ay request " for 1(;; assistance. Cl i' ~ en 61 l o ;2:: lifi i~ ioo le '"" jln 10 t~.., 1::l'J,~ i:j ~ Power to : :; order a edical i.. exaination. ~_. 78. Mebers of the Gendannerie travelling on duty shall be entitled Right to to a free passage on any public transport and shall be given priority. passage.

92 LA WS OF THE GAMBA 94 Cap. 19 The Gabia Ared Forces [ Subsidiary] The Gabia National Gendarerie Regulations PART V.-OBLlGATONS OF THE GENDARMERE Respect for individual liberty. Unlawful arrests. Unlawful entry. Professional secrecy. Liaison with the di fferent services. 79. (1) The Gendarerie shall not unlawfully or unnecessarily interfere with the individual liberties of the people or the privacy of their persons or property. (2) Any such interference shall constitute an abuse of power and shall result in disciplinary action. 80. The unlawful arrest, or detention, of any person beyond the lawful duration shall constitute an abuse of power and shall result in disciplinary action. 81. Entry into any person's residence against his will, except in the discharge of lawful duty, shall constitute an abuse of power and shall be subject to disciplinary action. 82. () All Gendarerie personnel shall be under the oath of secrecy with regard to confidential atters which ay have coe to their knowledge officially. (2) n the interest of the service, the Gendarerie shall not reveal the naes of their inforers except with the inforer's consent. 83. (1) The Gendarerie shall liaise closely with the different Security Forces to facilitate efficient preventive and repressive actionat any tie. (2) On a reciprocal basis, the Gendarerie shall on its own initiative or on request, counicate relevant inforation to the other services. (3) t shall provide other services with technical assistance as well' as personnel support whenever necessary and shall participate;iri~;;v appropriate issions, particularly in the search for criinals.. (4) t shall aintain contact at all levels with public officers respon-" sible for national security, Custos and excise, water resources and forestry. Conflict with other Security Forces. 84. Any conflict which ay occur between the Gendarerie and: other security forces shall be swiftly resolved through consultation"':', and understanding between the hierarchical Heads, at the level iediately above that at which the conflict occurred.

93 ~... " ~: Cap [Subsidiary ] PJJ:leflle shall swear the Oath of Oath. the adinistrative, judiciat The. f'.,r'cenellt of law and regulation Gendarene ~~ and the... ' authorities, exercse exc uslve contro over (3).Ge~ai, :.~ courteous and respectful in their dealingswith (4) f the ~~Ja; 'respond iediately to all the requests for its UorUii':iji;Q concerned shall detennine, after due consideration. of each request, the order of priority to be given to the 'ecl1q.~.!'le aintenance of law and order shall be 8.!~~~pst P{lj~~Qjr.- A requi/iition. :..~. : : ';(1J).;u~order; or (c/ ~.rtto:~~~~=~ (2) A requisition sballqc. issued if the ission to be carried out by~~in~~oveent of personnel away fro thell" foiallwea>of~n~1.,. A-..t=a1 88;::(1) request for the services of the "'f",it!,>" '"'---.a~:-.::..;. t ~ ii. the Ge dar. b th th' and objec- ~~.""t,_. ~ n ene y eau onty tives of COpetent to do 8O/~!~_. requisitions. (2) t ay be ~ oaly within the area of jurisdiction of the person copetent to issue it, andexa:uted only within the area of jurisdiction. l ~'. LR.O.l/l990