Index
 
Kings Regulations & Admiralty Instructions - 1913

Chapter XIX - Discipline.

Section V.

Summary Punishments

752. Power to award.-The Captain is authorised to award, under the prescribed conditions, the several punishments given in Table II. Article 757, subject in the case of No. 1, " Dismissal with Disgrace," or No. 5, " Dismissal from His Majesty's Service," to the approval of the Admiralty at home or of the Commander-in-Chief abroad ; he is responsible for all punishments inflicted in the ship ; that none are awarded or inflicted other than those authorised by Article 757, which are established by the Admiralty under the powers conferred by the Naval Discipline Act : and that no officer or other person shall order any punishment, except the Executive Officer, the Officer of the Watch or Day, the Engineer Officer specified in Article 753, clause 1 (e), the Marine Officer, and the officer in command of any troops on board, if the Captain should have seen fit to delegate to them, or to any of them, the authority to punish within the prescribed limits, which is provided for in the following Articles.

2. Punishments requiring warrants are not to be inflicted by officers in command below the rank of Commander without the approval of an officer of or above that rank, except in time of war or in the case of ships abroad on detached service for long periods. The Commander-in-Chief or Senior Officer will give such directions as may be necessary to carry this into effect.

3. Tenders, Boats, or Men detached.-When a tender is absent from the ship to which she is attached, or ship's boats are away on detached service summary punishments, whether by warrant or otherwise, may be awarded by the officer in command of such tender or the officer in command of the ship's boats, without previous reference to the Captain ; and the order of such commanding officer on form S. 245 shall be a sufficient warrant for sending an offender to a place of imprisonment or detention, there to undergo his sentence, and, until he reaches such place of imprisonment or detention, for keeping him in naval custody, or, in the case of a person sentenced to imprisonment, in any civil prison or place of confinement. In like manner, the power of awarding summary punishments may be exercised by the officer in immediate command of seamen and marines on detached service on shore without previous reference to the Captain, provided, in the case of marines, that they have not been made subject to military law by an order under the Army Act. In all the above cases, the punishments awarded are to be reported to the Captain and duly recorded in the books and returns of the ships to which the men belong.

4. Should the Captain of a ship or establishment, to which tenders are attached and are in company, be away for such length of time as to cause an undesirable delay in investigating complaints, he may delegate to the officer next in seniority to him, whether borne part complement or additional, the power of dealing with offenders in the vessels under his orders.

753. Delegated Authority to punish.-The Captain may delegate to the under-mentioned officers, when and so long as he may see fit, authority to award the following punishments specified in Table IL, Article 757:

  1. The Executive Officer if a Commander
    1. No. 10, for the whole period.
    2. No. 11, for 24 days.
    3. No. 15, to the full extent.

  2. The Executive Officer if a Lieutenant
    1. No. 10, for 7 days.
    2. No. 11, for 14 days, but not to apply to petty or non-commissioned officers.
    3. No. 15, to the full extent.

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  3. The senior commissioned officer of Royal Marines - to marines for military offences connected with guards and clothing and in the case of Royal Marine Band ranks, offences connected with band duties, instruments and clothing, but not with reference to the general duties of the ship :

    1. No. 10, for 7 days.
    2. No. 11, for 14 days, but not to apply to non-commissioned officers.
    3. No. 15, to the full extent.
    4. No. 17, to the full extent.

    These punishments, when awarded, are always to be reported to the Captain and to the Executive Officer.

  4. The Officer of the Watch, or Day, if a Lieutenant

    1. No. 15, for 1 day.

  5. The Senior Engineer, or the Engineer Officer, if only one is borne, provided, in either case, that he is not below the rank of Engineer Lieutenant-to stokers for offences connected with work in their department, but not with reference to the general duties of the ship

    1. No. 15, for one day.

2. The punishments under (a), (b), and (c) of clause 1 are to be duly entered in the Conduct Book, Daily Record, and Punishment Returns. Those under (d) and (e) are to be entered in a special book signed by the officer awarding them ; the book being examined and initialled by the Executive Officer daily and signed by the Captain weekly. This book is to be produced at all inspections.

3. Officer Commanding Troops.-The Captain may also delegate to the officer commanding any troops on board the power of inflicting certain summary punishments, as laid down in clause 8 of Article 1213.

754. Investigations into Complaints.-Hasty complaints are invariably to be discouraged. Punishment for mutiny may, however, take place at any time when immediate example is necessary. Investigation of other offences is, when the Service and the circumstances admit, to be deferred until the day following that of the committal of the offence, but no avoidable delay should take place in the investigation of the complaint or in the signing and reading of the warrant. The punishment must be carried out immediately after the warrant is read (see Article 755, clause 3) except as provided by Article 768, clause 4, in regard to sentences of imprisonment or detention. Should an unusual interval elapse between the date of the offence and the reading of the warrant, the cause is to be stated on the punishment warrant and in the daily record of offences. See 723 (Stoppage of Leave of Men Placed in the Report).

2. Place of Investigation.- All complaints are to be fully investigated on the quarter-deck or other suitable place, in the presence of the accuser and the accused, who, as well as their witnesses, are to be heard fully and with impartiality. Should the accused be on the sick list or in a military detention barrack, the investigation may, at the discretion of the Captain, be postponed until the man is fit for duty or discharged from the detention barrack, as the case may be. See 730 (Offences committed in Military Detention Barracks).

3. Should an offender be in such a state of health as to be unable to undergo all, or any part, of the summary punishment to which he may have rendered himself liable, and should it appear probable that he will be invalided out of the Service, or remain a considerable time unfit for punishment, the punishment due to his offence is nevertheless to be awarded, and, should it require a warrant, the warrant is to be completed and duly signed and read, in order that by the

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non-infliction of the punishment he may not escape the consequences (such as loss of pay, badges, &c.) which accompany the award of certain punishments.

4. Inconsiderate Punishments.-Inconsiderate punishments as well as needlessly protracted punishments, should be avoided, and only so much severity resorted to as may be necessary for the prevention of crime or offences, and for the maintenance of proper order and discipline. The magnitude of the punishment should be in proportion to the gravity of the offence and the previous character of the offender, but regard should also be had to any consequences which may arise indirectly as a result of the offence or of the award, particularly in regard to the charges against the offender's wages under Articles 808-810 for offences of absence or desertion, or under Article 1373 for damage to or loss of stores, &c. In cases of repeated offences the effect of gradually increasing a minor punishment until the maximum is reached should be tried before resorting to one higher in the scale.

5. Excited or Drunken Men.-All altercations with excited or drunken men are to be avoided ; no man under the influence of temper or drink is to be placed in a situation likely to further excite him, and thereby lead him to acts of violence or insubordination.

6. Warning to Accused.-In serious cases likely to form the subject of a court-martial, the officer conducting the investigation should bear in mind that a confession made before him by the accused will not be admissible in evidence at a court-martial unless the accused has first been warned that what he is about to say may be made use of against him.

755. Warrants.-The Captain, or the officer to whom authority is delegated under the provisions of clause 2, Article 752, when ordering punishments by warrant, is to be very careful that the warrants are correctly drawn up, and that they contain all the required particulars, and also that they bear the signature of the complaining officer, in attestation of the complaint having been made by him.

2. Previous Offences.-In the first warrant made out for a man, in any quarter, all his offences during the preceding six months are to be entered ; but for his previous time in the ship, only the punishments by warrant, except in the case of corporal punishment,* when every offence committed in the ship must be stated. Should a man be punished by warrant more than once during a quarter, only the offences committed since the date of the last warrant are to be entered, with a reference to the date of such previous warrant.

3. Duration and Date of Award.-The duration of every punishment, except in the circumstances stated in Article 789, in respect to imprisonment and detention, is to be reckoned from the date of its award, and such punishments as require a warrant for their execution are to be considered as awarded when the warrant has been read to the offender. As a general rule the reading is to be carried out on the quarter-deck, and should be preceded by the Article of War under which his offence falls. Unless the Captain should think it necessary for the sake of example, the previous offences entered in the warrant are not to be read.

4. Modification of Sentence.-Officers, at any time before the warrant is read to the offender, though it may have been signed, are free to modify or even withdraw any sentence if, on further consideration, it should appear to them desirable to do so, obtaining the concurrence of the superior authority who may have approved the proposed punishment.

* NOTE.-The power of Commanding Officers to award corporal punishment for any offences tried summarily under Section 56 of the Naval Discipline Act is suspended until further orders.

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756. Special Directions.-In regard to all summary punishments, the following further directions are to be observed :

  1. Suspension on Sunday.- Summary punishments which are carried out on board except:-
    1. Confinement in cells or under a canvas screen ;
    2. Stoppage of leave; and
    3. Stoppage of grog,

    are to be suspended on Sunday, but that day is to count as part of the period for which any sentence is awarded.

  2. Night's rest.-Men are not to be deprived of their night's rest at sea as a punishment.
  3. Irons and Handcuffs.-The use of irons or handcuffs is to be avoided as much as possible ; the only recourse to them should be for the purpose of ensuring the safe custody of a prisoner, or for mutinous conduct.
  4. Gags are not to be used. Men who are noisy or violent are to be confined in a cell for such time as may be necessary.
  5. Stoppage of Pay.-Pay is not to be forfeited nor are any stoppages of pay and allowances to be made for misconduct, except in cases expressly authorised by statute, or by the regulations of the Service.
  6. Applicable Punishment.-Every punishment inflicted must be applicable to the offence, and to the offender at the time he committed the offence of which he stands convicted.

Tables of Punishments,

757. Suggested Maximum Punishments.-The Captain, and all officers and others to whom they refer, are to observe the directions contained in the following Tables I. and II. :

Table I - Index of offences suggesting the normal maximum summary punishment that may in each case be awarded.

Notes :-
  1. This table is not exhaustive as to offences, and is intended to be merely suggestive. It is only to be exceeded in aggravated cases, or those of continual misbehaviour, when the reasons for doing so are to be stated in the Warrant and Record of Offences.
  2. No offences, with the exception of Mutiny, can be summarily dealt with, if they take place in such circumstances as to make them capital under the Naval Discipline Act.
  Offence Normal Maximum Summary Punishment
  � a. ABSENCE OR DESERTION  
I. Desertion 4
II. Quitting ship, boat, working party, or other duty, without leave, but not with intent to desert 4
III. Absence without leave 4
  � b. DECEPTION.  
I. Maliciously making false charges of a nature which, if true, would have rendered the accused liable to No. 1 punishment 1

II.

Making false charges

4

III.

Giving false evidence, or prevaricating at investigations, or lying

4

IV.

Answering call for another man with intent to deceive

7

V.

Obtaining leave under false pretences

7

 

� c. DIRTINESS AND UNTIDINESS.

 

I.

Being habitually slovenly and dirty

10

II.

Committing a nuisance

7

Ill.

Not being in proper dress, or being dirty or slovenly in person or dress

10

 

� d. DISOBEDIENCE.

 

I.

Wilful disobedience of orders

4

II.

Inattention to, or neglecting to carry out orders

10

 

� e. DRUNKENNESS

 

I.

Drunkenness at sea, or on duty

4

II.

Smuggling liquor on board, or into a boat

4

III.

Habitual drunkenness

4

IV.

Drunkenness

6

V.

Trafficking in, receiving, giving away, playing for, or selling any wine, spirit, or beer

6

VI.

Drunk or disorderly in streets

6

 

� f. DUTY, NEGLECT OR AVOIDANCE OF

 

I.

Deserting post

4

II.

Skulking from or neglect or improper performance of important duty

4

III.

Skulking from, slack or improper performance, or neglect of common  

IV.

Not answering muster

10

V.

Wilfully producing, concealing, aggravating, or feigning any disease or infirmity, to the prejudice of the Service

4

VI.

Wilfully omitting to detect and report all offenders against the Naval Discipline Act ; or wilfully neglecting to assist others in the detection and apprehension of such offenders

4

VII.

Inattention at drills or exercises

10

 

� g. GOOD ORDER, OFFENCES AGAINST.

 

I.

Gambling

6

II.

Lending money at interest

6

III.

Making frivolous or vexatious complaints

7

IV.

Misbehaving at, or neglecting to attend, Divine Service

10

V.

Making a noise or talking at quarters or in the ranks

10

VI.

Spitting about the decks

10

VII.

Sleeping in the tops, or boats, or other improper places

10

VIII.

Getting in, or out of, the ports

10

IX.

Throwing things overboard from improper places

10

 

� h. HAMMOCKS, CLOTHES, OR BEDDING. I

 

I.

Selling or making away with medals or clasps

4

II.

Selling or improperly disposing of clothes or bedding without permission

4

III.

Examining another man's bag or locker

7

IV.

Using another man's clothes, hammock, or bedding

7

V.

Sleeping in another man's hammock

7

VI.

General neglect with regard to hammocks, bags, or clothes

10

 

� i. IMMORALITY.

 

I.

Indecent assaults, or indecent acts of a grossly immoral character

1

II.

Cursing, swearing, or making use of obscene language

g

 

� j. INSUBORDINATION AND DISRESPECT

 

I.

Mutiny

1

II.

Insubordination

4

III.

Riotous conduct

4

IV.

Insolence or contempt to superiors

4

V.

Disrespect towards superiors

6

VI.

Impeding the police of the ship in the performance of their duties

4

 

� k. MISCELLANEOUS.

 

I.

Wilfully breaking, wasting, or injuring public stores, or wilfully destroying or injuring the clothes or effects of persons in the Royal Navy or others

4

II.

Injuring or wasting public stores through carelessness.
Note.-In either of these cases the amount charged, if any, against the offender's wages under Article 1373, is to be taken into consideration and duly recorded as provided for in that Article.

6

III.

Culminating offence of a series of small offences

7

IV.

Maliciously throwing anything from aloft, down hatchways, into engine room, &c.

4

V.

Negligently hoisting, lowering, throwing or dropping anything from aloft

10

VI.

Carelessness with respect to arms

10

 

� l. QUARRELLING, FIGHTING; OR ASSAULT.

 

I.

Violent assault

3

II.

Fighting, quarrelling, or assaulting

7

III.

Using provoking language tending to create bad feeling or disturbance

4

 

� m. SENTRY

 

I.

Striking or forcibly interrupting a sentry

II.

Interrupting or not obeying the lawful orders of a sentry or using abusive language to a sentry

7

 

� n. SMOKING AND FIRE.

 

I.

Negligently using fire or lights

II.

Smoking out of hours or in improper places

10

III.

Having lights after hours

10

IV.

Persons under 18 years of age smoking

10

 

� o. THEFT.

 

I.

Theft

1

II.

Receiving stolen goods or money, knowing them to have been stolen

1

III.

Fraud or cheating

3

IV.

Misappropriating public stores or money

1

V.

Pilfering

7

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TABLE IL-DESCRIPTION Of SUMMARY PUNISHMENTS allowed by the ADMIRALTY to be awarded to PERSONS subject to the Naval, Discipline Act, of and below the Grade of Chief Petty Officer or Non-Commissioned Officer.
Punish-ment number Authorised Summary Punish-ments. Maximum Punish-ment Whether applic-able to Whether Warrants required Superior Authority accom-panied required, if any. Punish-ments by which it may be accom-panied, if appli-cable at the time to the Offence and the offender. Explan-atory Articles.
Chief Petty Officer, and Non-Commiss-ioned Officers Leading Rates, Men below Leading Rates. Boys.
A. B. C. D. E. F. G H I. K L
1 Dismissal with disgrace   Yes Yes Yes Yes No C.-in.-C. abroad, Admiralty at home Either 2, 3, or 9 758, 759, 1173.
2 Corporal punish-ment 25 lashes For mutiny only. For mutiny only For mutiny only, except in case of men in 2nd Class for Conduct (See 760) No (See 799) Yes Senior Officer 5, 6, 7, 8 760 to 766
NOTE.-The power of Commanding Officers to award corporal punishment for any offences tried summarily under Section 56 of the Naval Discipline Act is suspended until further orders.
3 Impris-onment 3 months (See Note a) Yes (See Note b) Yes (See 769, clause 2) Yes, but see 769, clause 2, as to men wearing Good Conduct Badges Yes Yes Senior Officer 5, 6, 7, 8, 11, 12, 13, 20. 767 to 775, and 792.
4 Detention
5 Dismissal from H.M. Service - Yes Yes Yes Yes No C.-in-C. abroad, Admiralty at home. 6, 7, 8, 9 758, 759, 1173,
  Disrating or reduction to the ranks. - Yes Yes - - Yes Flag Officer 7, 8, 11, 12, 14, 15, 20 778, 1180.
7 Deprivation of good conduct badges, and of good conduct medal - Yes Yes Yes - Yes Flag Officer for Medal. 8. 9, 10, 11, 13, 14, 15 778, 779, 1188
8 Reduction to 2nd class for conduct 6 months Yes (See 781) Yes (See 781) Yes (See 781) - Yes - 9, 10, 11, 12, 13, 14, 15, 20 780 to 782, 1183.
9 Solitary confine-ment in a cell or under a canvas screen on board 14 days No Yes (See Note) Yes Yes Yes - 11, 12. 13, 14, 15, 20. 783.
  NOTE.-Only in the case of those loading rates who cannot be disrated, and then only for the offences enumerated in Article 769, clause 1.
10 Extra work and drill 14 days No No Yes Yes No - 11, 12, 13, 14, 20. 784.
11 Stoppage of leave 3 months Yes Yes Yes Yes No - 12, 13, 14, 20 793 to 795.
12 Reduction to 2nd class for leave   Yes, if not in possession of badges - No - 13, 14 785 to 789, 793, 875.
13 Deductions from pay for leave-breaking and for unfitness for duty from drinking onshore - Yes - Yes Yes No - 14 792 to 794.
14 Stoppage of grog 30 days (except as provided in 795) Yes Yes Yes No No - - 795.
15 Extra work or drill not exceeding two hours a day 7 days No No Yes Yes No - - 798.
18 Reprimand by the Captain. - Yes Yes No No No - - 797
17 For Marines. Extra guard 7 days No - Yes - No - - 795
18 For Boys only Birching on the bare breech. 24 cuts - - - Yes Yes See 799 11, 12, 13 799.
  NOTE.-The power of Commanding Officers to award birching for any offences tried summarily under Section 56 of the Naval Discipline is suspended until farther orders.
19 For all Boy ratings (including Buglers and Band Boys, R. M., under the age of 18) :- Caning on the breech with clothes on. 12 cuts - - - Yes No - 11, 12, 13 799.
20 For Lascars only :
Deductions from pay
5 days Yes Yes Yes - No - - 800.

Notes:

  1. By Section 23 of the Naval Discipline Act, imprisonment or detention for absence without leave is limited to ten weeks; but see 792.
  2. Chief petty officers, petty officers, or non-commissioned officers of Royal Marines may be awarded imprisonment or detention for desertion only, but those who cannot be disrated may be awarded either punishment for the offences enumerated in Article 783, clause I.

DISMISSAL FROM HIS MAJESTY'S SERVICE WITH OR WITHOUT DISGRACE.

758. Dismissal with disgrace.-This punishment, which is the highest in the summary code, is, as a rule, only to be awarded for offences of a disgracefully immoral character, or for a continued course of misconduct, culminating in some gross act of insubordination, which proves the offender to be a person of such bad disposition or habits as to be unworthy of again serving His Majesty in any capacity. It entails the forfeiture of all pay, head-money, bounty, salvage, prize-money and allowances that have been earned by, and of all annuities, pensions, gratuities, medals and decorations that may have been granted to the offender.

2. Dismissal without disgrace.-If an offender is considered unworthy of retention in His Majesty's Service, but is not deemed deserving of so severe a punishment as dismissal with disgrace, or the offence is not liable to that punishment under the Naval Discipline Act, he may be dismissed from His Majesty's Service.

3. Unless in exceptional cases, no person is to be dismissed with or without disgrace until the various punishments to which he has rendered himself liable have been inflicted on him and found to have no effect in reforming him, nor is anyone to be so dismissed if the Commander-in-Chief should consider it likely that the offender would recover his character if transferred to another ship.

4. Investigation.-When either punishment is deserved and is applicable under the Naval Discipline Act, the Captain shall, with the assistance of the Executive Officer and the officer of the offender's division, inquire carefully into the case and fully report the case on form S. 246 to the Commander-in-Chief.

5. Accompanying punishments.-The punishments of dismissal from His Majesty's Service, with or without disgrace, may be accompanied by corporal, punishment,* imprisonment, or confinement in a cell, provided the offender at the time when he committed the offence, was liable to the penalty.

6. Authority.-The order for the dismissal of a person from His Majesty's Service, with or without disgrace, whether accompanied by the punishments referred to in clause 5 or not, must proceed from the Admiralty at home or the Commander-in-Chief abroad, and no punishment is to be inflicted until such decision has been obtained. The reports of inquiry on form S. 246 and form S. 243, are to be forwarded to the Admiralty in every case. See 1616 (Disposal of Pay Documents).

7. Information to men dismissed with disgrace.-Every person dismissed with disgrace is to be informed of his incapacity to serve His Majesty again in any naval, military, or civil service, and that, should he re-enter the Navy or Marines, he will be summarily discharged forthwith when detected, and further, that any pay that may be due to him, as well as any benefits which may have accrued to him for his services subsequent to such re-entry, will become forfeited. This regulation is applicable, to men who have been dismissed with ignominy from the Army or Marines.

8. Dismissal abroad, or passage home.-If a person dismissed, with or without disgrace, should desire it, and there is no objection on the part of the local authorities to his landing, he may be dismissed abroad; but should he wish to return home, he may be sent by the first opportunity of a ship-of-war or transport. If sent in a ship-of-war, the Captain is to be informed of his

* NOTE.-The power of Commanding Officers to award corporal punishment for any offences tried summarily under Section 56 of the Naval Discipline Act is suspended until further orders.

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offences, and is not on any account to order him to work except in cases of emergency ; he is to be victualled in accordance with Article 1682, clause (g), and is to receive no pay in accordance with Article 1358, unless he has been required to work in an emergency. On arrival in England he is to be immediately discharged to the shore. See 1505 (Travelling expenses), also 1173 (Dismissal of Marines).

759. Disposal of effects.-When any person is dismissed from His Majesty's Service with or without disgrace, or when his services are dispensed with on account of misconduct, such of his effects as are specified in the Uniform Regulations as being strictly uniform (see Quarterly Navy List), are to be sold in the same manner as the effects of dead and run men (see 1631), and the proceeds are to be credited to his account in the ledger. Before final discharge from the Service any balance due is to be paid direct to the man or dealt with as provided in 1616, clause 3. See 758, clauses 1 and 8 ; also 1438 (Recovery of G.C., G.B., &c.). Medals and decorations forfeited under Article 758 are to be forwarded to the Accountant-General.

2. Exceptions.-Clause 1 does not apply to marines, to men who entered the Service prior to 1st March, 1896, nor to boys in the training ships. The effects of marines are to be returned to their headquarters, and those of men who entered prior to March, 1896, cannot be sold without their consent (see clause 3), as they are their private property. Boys in the training ships are to be dealt with under the Training Service Regulations.

3. Consent.-The written consent of men who entered the Service prior to March, 1896, to the sale of their effects, is to be obtained previous to the sale. A similar procedure is to be followed in the case of ratings entered since that date who desire their non-uniform effects to be sold.

CORPORAL PUNISHMENT. (See footnote.)

760. Conditions under which inflicted.- It being requisite for the maintenance of the efficiency, discipline, and even safety of His Majesty's ships-of-war, that the power of inflicting corporal punishment* when absolutely necessary, should be continued, such punishment, under the following conditions, may be inflicted under the responsibility and authority of the Captain, who is, however, to exercise the power vested in him with the greatest discretion and forbearance, compatible with the discipline of the Service

  1. Corporal punishment is never to exceed 25 lashes.
  2. Except in a case of open mutiny, no corporal punishment is to be inflicted without a warrant in the established form, which must be fully completed 12 hours before the punishment shall take place. See 761, clause 2 (Warrant).
  3. No petty or non-commissioned officer, and no seaman, marine, or other person in the first class for conduct, belonging to a ship, shall be liable to summary corporal punishment except for mutiny, as hereinafter explained.
  4. No seaman, marine, or other person in the second class for conduct belonging to a ship, shall lie liable to summary corporal punishment in time of peace, unless he shall be guilty of

    1. Mutiny ; or
    2. Using or offering violence to a superior officer.

    Note- The power of Commanding Officers to award corporal punishment for any offences tried summarily under Section 56 of the Naval Discipline Act is suspended until further orders.

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  5. Corporal punishment is not to be awarded for using or offering violence to a superior officer, should the offence be in its circumstances one that can be sufficiently met by summary imprisonment, and if the offender can within seven days from the date of the offence be sent to a prison in which such imprisonment can be properly carried out; or if, the offence being aggravated in its circumstances, the offender can within a reasonable time be tried by court-martial.
  6. In time of peace, summary corporal punishment is not to be awarded in the presence of a Flag Officer or Commodore, for any offence, with, out his approval.

761. Inquiry before Award.-When the Captain shall receive a complaint against, or observe any misconduct on the part of, any man, for which such man is amenable to corporal punishment,* and he is of opinion that no other punishment which it is in his power to award would be applicable or expedient in the circumstances, then, except in open mutiny, he is to appoint one or more officers to inquire into the particulars of the offence with which the prisoner may stand charged, and having received the report of such officer or officers as to the guilt or innocence of the accused, and after subsequent and full investigation on his own part, he is to act as according to his judgment may seem right.

2. Warrant.-If he should determine upon ordering the prisoner to be corporally punished, he is to make out a warrant on form S. 271, in which all the information required is to be clearly and explicitly set forth. (See footnote.)

762. In Case of Open Mutiny.-Exceptional power is hereby given to the Captain, or to the Commanding Officer, in the case of open mutiny. When an immediate example is necessary to deter others from joining, any person under the grade of subordinate officer, who shall be guilty of open mutiny, may be summarily punished corporally * ; in such urgent cases neither warrant nor preliminary inquiry by other officers is necessary, but the officer so acting is forthwith to forward, for the information of the Admiralty, a detailed statement of the circumstances which called for such deviation from the general rules in this respect, the degree of punishment inflicted, and all other particulars required by the usual warrant and a duplicate statement is to accompany the quarterly returns.

763. Definition.-By corporal punishment* is to be understood the usual punishment at the gangway ; it is to be carried out according to the custom of the Service, and in the presence of the Captain, the officers and the ship's company, or so many as can be spared from other duties. Every other description of corporal punishment by rope, stick, or any other instrument, is hereby forbidden, with the exception of the authorised caning and birching of Boys.

764. Accompanying Punishments.-Corporal punishment* is to carry with it in all cases :

  1. Disrating to a grade below that of Leading Seaman or non-commissioned officer
  2. Deprivation of good conduct medal and badges, and reduction to the second class for conduct.

765. Absence of Captain.-In the casual absence of the Captain, the Commanding Officer is not to order corporal punishment to be inflicted, unless

* NOTE.-The power of Commanding Officers to award corporal punishment for any offences tried summarily under Section 56 of the Naval Discipline Act is suspended until further orders.

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the Captain shall. be absent on Admiralty leave; or, if abroad, on leave granted by a Commander in-Chief for a lengthened period. (See footnote.)

766. Power of Courts-Martial.-Nothing contained in the foregoing Articles can be deemed to extend to the nullification or abatement of such powers as are vested in naval courts-martial by the Naval Discipline Act, to award corporal punishment, to persons under the rank of officer.

IMPRISONMENT AND DETENTION.

767. When to be awarded.-Detention is considered to be a more suitable punishment for naval offenders than imprisonment, and should be awarded in preference to the latter when the offender will be retained in the Service, unless he bas already undergone several sentences of detention without effect. Detention should not, however, be awarded in parts of the world where there are neither naval nor military detention establishments in which the offender can be confined.

768. Limits.-Every person below the rank of subordinate officer, with the exceptions specified in Article 769, who shall be guilty of an offence triable under the Naval Discipline Act, and punishable by imprisonment or detention may, provided the offence is not made capital by the Act be summarily tried and sentenced by the Captain on the punishment warrant (form S. 271) to a term of imprisonment (with or without hard labour) or of detention, not exceeding three calendar months, and, in compliance with the Act, shall be committed to a proper place of confinement by the Captain's order (S. 245). Detention should not in any case be awarded for a period of less than 10 days. The maximum period of imprisonment or detention for absence without leave is by statute limited to 10 weeks.

2. Hard Labour.-Hard labour for the whole or any portion of the period of imprisonment may be awarded, but Commanding Officers, in awarding sentences of imprisonment, are not to direct that the prisoner shall be kept in solitary confinement during any portion of his imprisonment.

3. Solitary Confinement.-Although not awarded sentences involving solitary confinement, offenders will, nevertheless, be liable to be kept in separate confinement, by direction of the Governor of the prison wherein they may be confined, if such action is sanctioned by the rules of the prison.

4. Postponement: If, by reason of a ship being at sea or at a place at which there is no proper place of confinement, a sentence of imprisonment or detention cannot be duly executed, the officer awarding the sentence may direct in writing on the punishment warrant (form S. 271) that the sentence shall not begin to take effect until the arrival of the offender at some place where there is such a proper place of confinement, when he shall undergo his sentence as if the date of such arrival were the day on which the sentence was awarded, notwithstanding that in the meantime he may have become entitled to his discharge from His Majesty's Service. An offender in such a case is to be conveyed with all reasonable speed to a proper place of confinement and during passage may be kept in open custody, but he is to be subject to restraint or confinement whenever his safe-keeping or any misbehaviour on his part may render it necessary, provided that in accordance with Section 74, clause 2, of the Naval Discipline Act, any time during which he has been in confinement shall be deducted from the term of his sentence. See 723 (Naval Custody).

# NOTE.-The power of Commanding Officers to award corporal punishment for any offences tried summarily under Section 56 of the Naval Discipline Act is suspended until further orders.

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769. Chief Petty Officers, Petty Officers, &c.-Chief petty officers, petty officers, and non-commissioned officers, Royal Marines, are not to be summarily sentenced to imprisonment or detention, except for desertion ; but those who cannot be disrated, as shown in Appendix XV., Part L, may be summarily sentenced to imprisonment or detention for the following offences only :

  1. Mutiny or highly insubordinate conduct;
  2. Desertion or deserting post ;
  3. Indecent acts of an immoral character;
  4. Theft or fraud;
  5. Smuggling liquor into ship ;
  6. Quitting ship, boat, or working party without leave;
  7. Drunkenness on duty;
  8. Violent assault;
  9. Aggravated cases of leave-breaking.

2. Leading Rates.-Leading rates, as shown in Appendix XV., Part L, and men wearing good conduct badges are not to be summarily sentenced to imprisonment or detention, except for the offences enumerated in clause 1.

770. Uniformity in Awards.-In order to secure as much uniformity as possible in the award of sentences of imprisonment or detention by officers in command of His Majesty's ships, such officers, when in the presence of a Commander-in-Chief or Senior Officer, are to submit the punishment warrant (form S. 271) for his consideration and approval before causing the sentence to be read to the offender. (See 755, clause 4.)

2. Selection of Place of Confinement.-The space provided on the warrant (S. 271) for the insertion of the name of the gaol or detention establishment to which the prisoner is to be sent, is to be left blank when in the presence of a Commander-in-Chief or Senior Officer, so that the latter may fill in the blank space at his discretion, according to the accommodation available.

3. Men in ships in home waters sentenced to imprisonment for civil offences who are not to be dismissed or discharged from the Service, and all men in such ships awarded imprisonment for disciplinary offences, are (except when the travelling expenses would be prohibitive, e.g., from the North of England) to be sent to Bodmin Naval Prison, irrespective of the nature of offence or the length of sentence.

In all other cases, men sentenced to imprisonment at home are to be sent to a civil prison ; those from Devonport, Portsmouth, and Chatham respectively to the civil prisons at Bodmin, Portsmouth, and Canterbury. These civil prisons should also be used by ships at other ports within a convenient distance, except that men from ships at Portland should be sent to Dorchester civil prison.

4. Men sentenced to imprisonment abroad should be sent to a detention establishment if possible. Should accommodation be insufficient, recourse must be had to civil prisons, but, so far as practicable, these should only be used for men convicted of offences against the ordinary law. Men sentenced to imprisonment or detention for more than nine months should, if practicable, be sent to England to complete their sentences.

5. Men in ships in home waters sentenced to detention are to be committed to the following establishments so far as accommodation is available:

  1. From the Nore, Station. - Naval Detention Quarters at Chatham.
  2. From Portsmouth Station. - Naval Detention Quarters at Portsmouth.
  3. From Devonport Station. - Naval Detention Quarters at Devonport.
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  5. From Ports in Scotland Military Detention Barracks at Stirling or York Castle.
  6. From Ports in Ireland Military Detention Barracks at Cork or Dublin.

They are to wear their uniform, and take their bags and hammocks with them. Those who will undergo their sentence in a naval detention quarters are to be sent under escort to the Royal Naval Barracks.

771. Gaols Abroad.-The amount of physical punishment involved in imprisonment depends in a great measure on the discipline and dietary observed in the gaols to which the prisoners are committed, and on the climate ; it is advisable, therefore, that officers in command should consider these points, especially when they commit offenders to prisons situated out of the United Kingdom.

2. Visiting Gaols.-Commanders-in-Chief or Senior Officers are to obtain information as to the state of the gaols, by directing a Captain to visit them from time to time, with the permission of the civil authorities, and report on them.

3. At Unhealthy Places.-Europeans are not to be imprisoned on shore on the West Coast of Africa, nor in other notoriously unhealthy places, when it can possibly be avoided.

772. A medical officer is to examine the offender previous to his commitment to a prison or detention establishment as the case may be, to ascertain whether he is physically capable of undergoing his sentence, and again on his return to the ship.

773. Committal Order.-The order for imprisonment or detention, being the authority for the Governor or Keeper of a gaol or for the officer in command of the detention establishment to receive and detain an offender, and to release him at the expiration of his sentence, is to be made out with every technical accuracy.

2. Escorts.-A sufficient escort is to accompany each offender sent to confinement, and the Commanding Officer of the ship on whose books the man is borne at the date of release is to take care that arrangements are made for some proper person or persons to be at the place of confinement at the exact time when he may be entitled to his release, to receive and conduct the offender on board; when the sentence expires on a Sunday, the offender is entitled to be released on the Saturday preceding.

774. Consequent Penalties.-A sentence of imprisonment or detention, whether awarded summarily or by court-martial, carries with it stoppage of wages and loss of time during the period of imprisonment or detention ; it shall carry with it in all cases where applicable deprivation of good conduct medal and badges, and, further, in the case of a chief petty officer, petty officer or leading seaman, disrating to a grade below that of leading seaman (except as provided for in Article 776, clause 1), and, in the case of a non-commissioned officer of marines when embarked, to a rank below that of Corporal. See 1180 (Reduction of Non-Commissioned Officers) ; and 1938, clause 4 (Effect of one term of imprisonment or detention on Pension).

2. Subsistence of Prisoners.-The cost of the subsistence of men in gaol, and the expenses attending their removal to and from the prison, will be borne by the Admiralty; and where no local arrangements for meeting such costs and expenses exist, similar to those that prevail at the principal home ports, the Accountant Officer of the ship to which a prisoner belongs, under the authority of the Captain, and on proper vouchers, is to defray the expenses incurred in the removal of the prisoner, and to pay to the Governor or Keeper of the gaol, if at

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home, the amount claimed, provided it does not exceed 1s. a day for each prisoner's subsistence. If abroad, and in the absence of local arrangements, the Captain will order the amount claimed to be paid should he consider it fair and reasonable. In every case the full particulars are to be given in the vouchers.

775. Persons sentenced, how borne.-Persons sentenced summarily or by court-martial to imprisonment or detention are to continue to be borne on ship's books unless they are to undergo their sentence in a civil prison and are also to be discharged direct from the prison to civil life, in which case they are to be discharged from ship's books from the time of arrival at the prison or from the time the order for discharge from the Service is received. With this exception persons under sentence of imprisonment or detention are to be transferred to and borne on the books of:

  1. the depot ship, if there is one in the vicinity of the place of confinement ; or if there is no depot ship,
  2. some other convenient ship in the vicinity; or if there is no such ship,
  3. the flag-ship.

2. Civil Custody.-Men convicted by the Civil Power at home or abroad, whether or not sentenced to imprisonment, and men whose cases have been; dealt with by an order under the Probation of Offenders Act, are to continue to be borne on the books of the ship to which they belong unless they will not return to that ship, in which case they are to be dealt with as directed in clause 1.

3. Men from Ships about to Sail.-Three days, at least, before sailing for a foreign station the Captain is to furnish the senior officer present with a report on form S. 219 of the men undergoing imprisonment or detention. Such men may be removed from confinement for the purpose of rejoining their ship, at the discretion of the senior officer, in cases where a very few days of the sentence remain unexpired, or at any time should any serious inconvenience to the Service be likely to ensue. (See 731.)

4. Dismissal after Confinement.-When a man is to be dismissed from the Service at the expiration of his sentence, notice thereof is to be given by the Captain to the authorities at the place of confinement to which he is sent, in order that he may be set at liberty at the expiration of his sentence. See 1505 (Travelling Warrants and Subsistence) ; and 1616 (Pay and Documents),

DISRATING.

776. Summary Disrating.-Disrating of any person below the rank of subordinate officer may be inflicted summarily by warrant S. 271, but no rating is to be disrated below the limits laid down in column 5 of Appendix XV., Part L, nor lower, either actually or relatively, than the rating in which he first entered.*

2. Chief Petty Officers and Petty Officers.-If a chief petty officer or petty officer or non-commissioned officer, Royal Marines, is charged with an offence which, if proved, would justify his being summarily disrated, the following procedure is to be adopted:

  1. A formal and public investigation is to be held by the Captain, a careful summary of the evidence of the witnesses for and against being made at the time in such a way that it can, if necessary, be incorporated in form S. 270 in due course.
  2. * For example: A cooper who entered as second cooper when that rating carried the relative rank of petty officer, second class, if disrated to second cooper, is to be regarded as a petty officer, second class, although a second cooper now ranks only as a leading rate.

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  3. The accused is to have the assistance of an officer belonging to the ship to act as his friend and help him in stating his case, in the same manner as if he were being tried by court-martial, the necessary facilities being afforded. This duty should usually be undertaken by the officer of his division, but there is no objection to another officer belonging to the ship being entrusted with the duty if specially desired by the accused.
  4. At the conclusion of the investigation the Captain should, if he thinks it a case which deserves summary disrating, inform the accused that he can, if he desires it, be tried by court-martial, and he is to give him not less than 24 hours for the purpose of reflection, informing him at the same time that a rate taken away by sentence of court-martial cannot be regained without first submitting it to the Admiralty for approval, but that the usual authority, i.e., the Commodore of the Depot, or the Commanding Officer, as the case may be (or the Colonel Commandant or Superintendent R.N. School of Music, in the case of Marines), would have the power to restore in the case of disrating by warrant.
  5. If the accused, after the specified period, indicates that he does not wish to be tried by court-martial, and the Captain decides that disrating is the appropriate punishment, the necessary steps are to be taken to obtain the approval of the Flag Officer whose flag is flying to whom reference can most conveniently be made, the warrant being accompanied by form S. 270, on which each of the witnesses is to sign the summary of the evidence he has given. If such approval cannot be obtained within a reasonable period, the Captain may formulate the sentence himself, reporting the circumstances without delay to the Commander-in-Chief or Senior Officer of the squadron.
  6. Should the accused elect to be tried by court-martial, the necessary steps for that purpose are to be taken.
  7. Should the exigencies of the Service, as in the case of a single ship on detached service, not permit a court-martial to be assembled within a reasonable period, the Senior Officer present may, if he considers it necessary, direct the Captain to deal with the case summarily. If in these circumstances the Captain disrates a chief petty officer or petty officer or non-commissioned officer of the Royal Marines, the Commander-in-Chief or Senior Officer of the squadron is to order a court of inquiry to assemble at the earliest possible date, and if their report indicates that a lighter punishment would have been sufficient, he is authorised to restore the rating from a date to be fixed by him. The accuser and the accused, together with the latter's friend, are to be present during the whole of the time that witnesses are being examined before the court of inquiry.
  8. A report of the case, including the minutes of the inquiry, copy of the warrant and form S. 240, is to be forwarded to the Admiralty.

3. E.R.A.s and Electricians.-A chief engine-room artificer, 1st class, may be disrated to the lower class in that rating or to engine-room artificer of any class (see Appendix XV., Part L). The same rule applies to electrician ratings. The approval of a Flag Officer is required in every case [see clause 2 (d)]. Chief petty officers thus reduced in class for misconduct are subject to all the penalties which may follow disrating under Punishment No. 6 in Table II. of Article 757.

4. Vacancies caused.-If a chief petty officer is disrated to petty officer, the total number of chief and other petty officers allowed in the branch is not to be exceeded, but in the returns, if necessary, a petty officer is to be shown in

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lieu of a chief petty officer. No disrated petty officer is to continue to do duty of the rating from which he has been degraded.

5. Leading Rates.-It is not necessary to submit to the Commander-in-Chief or Senior Officer a warrant for disrating summarily a leading rate.

6. Restoration.-A rating deprived by court-martial for misconduct is not to be restored without the special authority of the Admiralty. A rating deprived summarily may be restored in the ordinary course by the Commodore of the Depot (or in a vacancy by the Captain of the ship).

7. Old System Ratings.-A chief petty officer (O.S.) or petty officer first or second class (O.S.), who may be disrated for misconduct is to be allowed to regain the rating from which he was disrated, notwithstanding that these ratings are to die out.

777. Disrating for incompetence.-Any person below the rank of subordinate officer may be disrated for incompetence, but no rating is to be reduced below the limits laid down in column 4 of Appendix XV., Part L, nor lower either actually or relatively than the rating in which he first joined (see note to Article 776, clause 1). Disrating for incompetence is not to be carried out by warrant nor included in the punishment return, as it is not awarded as a punishment. The cause is to be noted in the ledger and in the service certificate (as provided in Article 830, clause 8).

The man may be permitted to volunteer for any other rating for which he is fit, subject to the approval of the Commander-in-Chief. Cases in which men are allowed to transfer in this manner are to be reported to the Admiralty.

2. Chief Petty Officers and Petty Officers.-If a chief petty officer or petty officer be found, after due trial, to be incompetent to discharge the duties of his rating, the Captain is to report the particulars to the Commander-in-Chief or Senior Officer of the squadron, and, with his sanction, may disrate him to some lower rating for which he is eligible, and the duties of which he is able to perform.

3. A chief petty officer (O.S.) or petty officer first or second class (O.S.) of the seaman or signal class who may be disrated for incompetence cannot be reinstated in an old system rating, but must qualify for a new system rating before he is again advanced.

4. Restoration of E.R.A.s and Electricians.-Engine-Room Artificers and Electricians disrated summarily or for incompetence may be restored to the class from which they have been disrated, or to any intermediate class, by the Captain, but the restoration is not to take place before the expiration of six months from the date of reduction without special authority from the Commander-in-Chief or Senior Officer of the squadron.

5. All cases of disrating for incompetence or of restoration to a higher rating are to be reported to the depot to which the man belongs, on the periodical returns.

DEPRIVATION OF GOOD CONDUCT MEDAL OR BADGES.

778. Deprivation of Medal.-Any person to whom a good conduct medal has been awarded may be deprived of it summarily by warrant for misconduct, and the deprivation is to take place publicly, and will carry with it the forfeiture of any claim to good conduct gratuity on discharge (see 751, clause 10). The medal is to be returned to the Accountant-General.

2. No person is to be deprived of his good conduct medal, nor is any punishment entailing the forfeiture of a good conduct medal to be awarded, without the previous approval of the Commander-in-Chief, or Flag Officer whose flag is flying, to whom reference can most conveniently be made (or in the case of marines on shore of the Deputy Adjutant-General, Royal Marines).

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3. Forfeiture is obligatory.-Desertion, imprisonment (see 812 as to imprisonment by the civil power), detention, disrating (or reduction in the rank of a marine) for misconduct, reduction to the second class for conduct, or the assessment of a character inferior to " Very Good " after a medal has been awarded, carries with it the forfeiture of the medal, except as provided for in the following clause ; but if pensioned within 12 months of his deprivation and before regaining the medal, the man will be considered in regard to pension as in possession of the medal.

4. Forfeiture either of Medal or Badge.-A man may be deprived of his medal without being deprived of any good conduct badge; and it is left to the discretion of the Commanding Officer to take away one badge without depriving a man of his medal, if his conduct has been in all other respects satisfactory, and notwithstanding that the deprivation of a badge has necessitated the award of " Good " at the annual assessment of character. In the case of men serving in non-badge ratings, the award of a character inferior to " Very Good " will necessitate the forfeiture of the medal.

5. If a badge should be taken away without loss of medal, the medal is not to be worn until the badge is regained.

6. Medal absolutely forfeited.-If two or more badges should be taken away, or if a man should again lose a badge, or if a badge is not regained within 12 months from the date of deprivation, the medal is absolutely forfeited and deprivation is to take place publicly.

7. Restoration.-The good conduct medal of a petty officer, non-commissioned officer, seaman, or marine, which has been forfeited for misconduct may be restored on the completion of his time for pension, with the sanction of the Admiralty, provided his character during the last five years of his service has been " Very Good."

779. Deprivation of Badges.-A warrant is required for the deprivation of a good conduct badge or badges, except as provided in Article 812.

2. Restoration.-One badge so lost may be regained by six months of continuous " Very Good " conduct, and additional badges by further periods of six months, reckoned, in each case, from the date of the preceding restoration.

If, however, a man has been sentenced to deprivation a second time within three years, the qualification is twelve months for the first restoration, and six months for each subsequent restoration.

3. The period of " Very Good " conduct qualifying for the restoration of a badge is to be reckoned in the same way as the two years of " Very Good " time that must precede an award. (See 741, clause 4.)

4. The following time is not to be reckoned towards the award or restoration of badges :-

  1. Time for which pay is not allowed.
  2. Time in the second class for conduct.
  3. Time for which a man's character has been assessed as " Indifferent."

(See note to 741, clause 5.)

5. Restorations are to be made when they become due, whether the man prefers his claim or not.

REDUCTION TO SECOND CLASS FOR CONDUCT.

780. Offences for which awarded.-Reduction to the second class for conduct may be awarded in cases of gross insubordination, dishonesty, or gross misconduct on shore when not dealt with by the civil power, and also to men for whose continual slackness or misconduct the repeated award of minor punishments has proved ineffective.

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2. It is to be awarded by warrant as a specific punishment except when ordered by the Admiralty in special cases of conviction by the civil power. (See 812.)

3. Penalties.-Men in the second class for conduct should not be employed on special or isolated duties. They may be ordered to fall in for inspection at such times as the Captain may appoint, and may be given such extra drill in the dog watches not exceeding one hour a day as the Captain may consider necessary for their improvement. They are also liable to be dealt with exceptionally if they misconduct themselves. Men in the second class for conduct are to be placed in the second class for leave, and remain in that class until restored to the first class for conduct. (See 786, clause 2.) They cannot be advanced to ratings that are not classed for conduct.

4. The total daily pay of men in the second class for conduct is to be less by one-sixth than their pay when not in that class. In order to avoid the use of fractions in the daily rates of pay, credit is to be given at the full rate of pay and a charge of one-sixth shown on the ship's ledger in the column Other charges."

While thus paid the words " 2nd class for conduct " are to be noted in red ink after their names on the ship's ledgers, transfer lists, &c.

Credits of extra pay, compensation, lodging, and kindred allowances are not to be subjected to the above deduction.

781. C.P.O.s, P.O.s, &e.-Chief petty officers, petty officers, leading rates, and non-commissioned officers of the Royal Marines, can only be reduced to the second class for conduct on being disrated below leading rate (or reduced to the ranks) and deprived of all good conduct badges. Other men may be reduced to the second class for conduct if deprived of all good conduct badges, or if not in possession of any.

2. Classification for Conduct.-All men on first entering or re-entering the Navy or Reserves are to be in the first class for conduct. Men received from other ships are to be placed in the class for conduct last noted on their service certificates or conduct sheets.

782. Restoration.-Should the Commanding Officer be satisfied with the behaviour of a man in the second class for conduct, and have reason to believe that he wishes to reform, he may restore the man to the first class at any time after three months. If the man leaves the ship while in the second class for conduct, the Captain is to note, on the conduct sheet, the date on which he proposed to restore the man to the first class.

2. Period in Second Class.-Notwithstanding any sentence of imprisonment, detention, or cell punishment, restoration to the first class is not in any case to be deferred beyond six calendar months from the date of reduction. Subject to this maximum period in the second class not being exceeded, time for which pay is not allowed is not to be counted towards restoration, except periods under sentence of imprisonment, detention, or confinement in cells, which may be allowed to count in the case of men who conduct themselves well and who are considered deserving of such consideration. Men in prison or under detention must be recommended for this privilege by the Officer in charge of the Establishment, the necessary report being obtained by the Captain in the case of men received from prison.

3. Restorations are to be made when they become due, whether the man prefers his claim or not.

4. Exceptional Restoration.-If, however, on account of any particular act of gallantry, or other exceptionally meritorious behaviour, the Captain or Commandant in the case of a marine serving on shore should consider a man

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to be deserving of restoration to the first class before he has been three months in the second class, the Commander-in-Chief (or Deputy Adjutant-General, Royal Marines, in the case of a marine serving on shore) may approve of such restoration, reporting the particulars of the case to the Admiralty.

5. The class for conduct is to be noted in the conduct book, conduct sheet (or company conduct sheet), and the service certificate as provided for in Articles 826, 828 and 830.

CELLS.

783. Cell Punishment.-Solitary confinement in a cell is limited to 14 days, but when the ship is in the close neighbourhood of a detention establishment, the desirability of awarding a sentence of detention (if appropriate to the offence) in preference to an award of cells, is to be carefully considered. A warrant is required in all cases.

2. Size, &c., of Cells.-Confinement in any other closed place than the established cells or under a canvas screen is forbidden. Cells are not to be less than 6� feet in length, 3 feet in breadth, and the full height between decks, and they are to be properly ventilated. Cells are not to be made or altered without the authority of the Admiralty at home or the Commander-in-Chief abroad.

3. Accompanying Punishments.-Confinement in a cell carries with it deprivation of badges and forfeiture of time and wages for the period of the confinement.

4. Diet.-A man sentenced to cells is to be check for victualling on the ledger for the period during which he is actually undergoing his sentence, and is to be victualled as provided for in Appendix XVI. Low diet is limited to the first three days, and is obligatory for leave-breaking offences ; when awarded it is to be set out in the warrant.

5. In hot climates no man is to be confined in a cell in which the temperature exceeds 80�, except where there is direct ventilation through the ship's side from the outer air.

6. Picking Oakum.-The offender is daily to pick two pounds of oakum, which is to be weighed when given to him and again when received from him.

7. Bedding.-He is not to be allowed the use of his bed or bedding for the first four nights, but in cold weather he may have a blanket if considered necessary and specially ordered. After the first four nights he is to be allowed his bedding every alternate night.

8. Deprivations, &c.-He is to keep himself and his cell clean. He is to be allowed a Bible and the use of religious books, and, if a member of the Church of England, is to attend Divine Service on Sundays. He is to be deprived of tobacco, knives, razors, writing material, and all secular books and papers.

9. Exercise.-After the third day's confinement he is to be brought on deck under the sentry's charge for two hours a day, one hour a.m. and one hour p.m.

10. Visits.-An offender in a cell is to be visited night and morning in hot climates by a medical officer; elsewhere one visit a day will be sufficient. He is to be visited in his cell once in each watch by the ship's police. With the exception of the chaplain, medical officer, and police, an offender is not to be permitted to hold communication with any persons, except when authorised by the Captain.

11. Relaxation of Rules.-The Captain may find it necessary or advisable to relax some of these rules, especially when the Medical Officer, whose advice on the point is always to be attended to, is of opinion that by strictly adhering to them the health of an offender would permanently suffer.

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12. A man sentenced to confinement in a cell may undergo his punishment on board a ship other than his own, at the discretion of the senior officer present.

EXTRA WORK AND DRILL.

784. Punishment No. 10.-Men awarded this punishment are to be subject to the following routine:

  • Grog to be stopped.
  • To turn out half an hour before the hands.
  • To do extra work during non-working hours from half an hour before the hands turn to until 9 p.m., one hour of which during the dog watches to be, if possible, drill or boat pulling.
  • To be constantly mustered.
  • To have full time for meals, except dinner, for which half an hour will be allowed ; to be employed for remainder of dinner hour at drill or work.

2. Extra work when possible is to be done in the department to which the offender belongs.

3. If a man has to keep night watch either in harbour or at sea this punishment is to cease at 8 p.m., and he is not to be turned out before the usual time.

CLASSIFICATION FOR SHORT LEAVE.

785. Class for Leave.-Ratings and Marines are to be divided into two classes for leave :

  • First Class.
  • Second Class.

2. All ratings on first entry and on re-entry into the Navy are to be placed in the first class. Ratings and marines received from other ships or from head. quarters are to be placed in the class for leave last noted on their conduct sheets (or company conduct sheets).

3. Scale of Short Leave.-The leave which should be granted to men of the various classes is shown in Articles 874 to 876.

First Class,

786. The First Class shall consist of all ratings and marines, except those in the second class for conduct and those who have broken their leave frequently or for long periods or in aggravated circumstances, or who have continuously or grossly misconducted themselves whilst on leave.

2. Men in Second Class for Conduct.-When a man belonging to the first class for leave is reduced to the second class for conduct, he is to be placed in the second class for leave ; but on restoration to the first class for conduct he is to revert to the first class for leave, unless leave-breaking offences or misconduct whilst on leave have rendered him ineligible for restoration to that class for leave.

3. Should a man in the first class for leave continually break his leave, or continuously or grossly misconduct himself whilst on leave, he is to be placed in the second class for leave, and if a man wilfully overstays his leave after having been warned that the ship is under sailing orders he may also be placed in the second class for leave at the Captain's discretion.

Second Class.

787. The Second Class for leave is to consist of men in the second class for conduct, and those who, by breaking their leave frequently or for long periods

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or in aggravated circumstances, or who, by reason of gross or continued misconduct on shore, are unfit to be allowed the same privilege as the rest of the ship's company. Men in possession of good conduct badges are not to be reduced to the second class for leave.

2. Restoration to First Class.-Men in the second class are to be restored to the first class when they have returned to their leave punctually and fit for duty during three months continuously, unless misconduct whilst on leave has rendered them ineligible for restoration, or unless they are in the second class for conduct.

3. The time necessary for all restorations is to count from the date on which the man was reduced, omitting all time forfeited by imprisonment, detention, or cells.

788. Notations.-Every man's class for leave and the date from which he would be entitled to restoration to a higher class are to be noted on his conduct sheet (or company conduct sheet).

789. Boys are not to be classed for leave. (See 8'7g.)

790. Men who have never broken leave.-In every seagoing ship a list is to be kept of ratings who have not broken their leave since they joined the ship. This list should only be made use of on very special occasions, and the utmost care is to be taken that it is not used unnecessarily. It is not to be considered a class for leave in the ordinary sense, being only intended for use on occasions when any cases of leave-breaking would cause great inconvenience.

791. Absentees on Ship Sailing.-Men who miss their passage, owing to improper absence from their ships on leaving port, are, after undergoing such punishment as may be awarded for the offence, to be sent to their own ships, should an opportunity be likely to occur within a reasonable period.

PUNISHMENTS FOR LEAVE-BREAKING.

792. Limits of Punishment.-The maximum summary punishment that can as a rule be awarded is detention, as provided for in Article 768, but except in aggravated cases the award is not to exceed 30 days. Any case requiring more severe punishment is to be specially reported to the Commander-in-Chief or senior officer present.

2. Offences committed while on leave or during leave-breaking must be dealt with as the circumstances may demand.

3. Mulcts.- A mulct of pay is obligatory in all cases, except as provided in Article 793, clause 5.

4. It is to be borne in mind that the act of not returning to duty at the time ordered constitutes the main offence against discipline, and that the time which a man remains absent is an aggravation of the offence, and is to be dealt with on its merits in each case.

5. Leave-breaking offences are invariably to be described on the punishment warrant or in the daily record of offences as follows : " Did remain absent over leave - hours - minutes."

793. Mulcts. Every leave-breaker is to be mulct of one day's pay for each three hours or part of three hours for the first 36 hours of improper absence, and for the remainder of such absence is to be fined one day's pay for each six hours or part of six hours. No leave is to be allowed for the period during which the offender's pay is forfeited.

2. Up to 36 hours.-For leave-breaking for periods up to 36 hours of improper absence (except in aggravated or repeated cases) the punishment is to

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consist of mulcts of pay and stoppage of leave on the above scale only, but the Captain may at his discretion reduce the mulcts by such an amount as he may consider reasonable when in his opinion there are any specially mitigating circumstances.

3. Over 36 hours.-For leave-breaking for periods of over 36 hours of improper absence, or in aggravated or repeated cases of leave-breaking for shorter periods, offenders are to be dealt with under summary punishments, Nos. 4 to 10 of Table IL, Article 757, according to the degree of the offence, in addition to the mulcts of pay and stoppage of leave on the above scale, and in aggravated or repeated cases may also be placed in the second class for leave if not in possession of any good conduct badges.

4. Stoppage of leave for periods in excess of the scale is not to be awarded as a punishment for leave-breaking except in aggravated or repeated cases, and men are not to be reduced to the second class for conduct for leave-breaking offences unless they are already in the second class for leave.

5. Remission of Mulcts.-If the total loss of pay (i.e., mulcts and time in cells or under detention, but excluding expenses and reward for apprehension) amounts to 60 days, any mulcts in excess of this sum are to be remitted. See clause 2 (Discretionary Remission).

6. A day's pay for the purpose of this Article is to include all full pay and full pay allowances for which credit is given on the ledger, but not extra pay, compensation, lodging and kindred allowances.

7. Deserters.-The scale of mulcts does not apply to men who desert and who are consequently marked " Run " on the books.

8. Deductions from the pay of a man reduced to a lower rating are to be charged against him on the scale of pay of such lower rating.

PUNISHMENTS FOR DRUNKENNESS ON LEAVE.

794. Returning from leave drunk.-A man returning from leave drunk, whether such return is voluntary or otherwise, or who is drunk at the time of being received into naval custody, whether his leave had expired or not, is to be mulct of one day's pay. For the first offence of returning from leave drunk, provided he does not otherwise misconduct himself, he should not receive any other punishment, except in the case of leave-breaking, which is to be dealt with at the same time under Articles 792 and 793. Should the offence be repeated, or the man otherwise misbehave, he may be dealt with under section (e) of Table L, Article 757, in addition.

2. Chief petty officers, petty officers, and leading rates may be dealt with under section (e) of Table L, Article 757, even for a first offence, if the Captain considers it necessary, in addition to being mulct of one day's pay.

3. In awarding punishments for drunkenness on leave, the Captain is to take into consideration the circumstances of the case as regards the disgrace or discredit brought on the uniform, the Service, or the position the offender holds.

4. Boys, in addition to being mulct of one day's pay, may be awarded No. 19 punishment.

STOPPAGE OF GROG.

795. Stoppage of grog, when used apart from No. 10, is to be confined to offences comprised under the head of drunkenness, and may not be awarded for more than 30 days except for habitual or repeated drunkenness, when the Captain may continue the stoppage for such time as he may consider necessary with reference to the habits and disposition of the offender. When the penalty

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extends beyond 30 days, grog money is to be paid to the man under stoppage for the rest of the period.

2. This punishment does not necessarily involve stoppage' of leave, but the two punishments may be awarded simultaneously in a proper case.

EXTRA WORK OR DRILL FOR TWO HOURS A DAY.

796. Extra Work or Drill for not more than two hours a day may be awarded for any period not exceeding seven days. This punishment may also be awarded for one day by the Officer of the Watch, the Officer of the Day, or the Senior Engineer, and, when so awarded, is to be entered in a special book kept for the purpose. (See 753, clauses 1 and 2.)

REPRIMAND BY CAPTAIN.

797. To whom awarded.-Reprimand by the Captain is confined to chief and other petty officers and non-commissioned officers, leading seamen and those of corresponding grade. It rests with the Captain whether a reprimand shall or shall not be recorded.

EXTRA GUARD.

798. When to be awarded.-Extra guard is only to be awarded for the offences of Gunners R.M.A. or Privates R.M.L.I. while on guard or in the ranks.

BIRCHING AND CANING BOYS. (See footnote. *)

799. Birching.- The punishment of birching is to be confined to boys rated as such and is to be inflicted with the birch, as supplied from the dockyard; the birching is to be given over the bare breech, and is never to exceed 24 cuts or blows ; it is to be inflicted by the ship's police in the presence of the Executive Officer, a medical officer, two or more petty officers, and all the boys.

The punishment is to be awarded by warrant, and in ships carrying a flag or broad pendant the approval of the Flag Officer or Commodore is necessary.

2. Caning on the breech with clothes on is limited to Boys, and is to be inflicted with a light and ordinary cane. The number of cuts or blows is not to exceed 12, and the punishment is not to be carried out in public. Caning is intended for the serious offences of theft, immorality, drunkenness, insubordination, and deliberate or continued disobedience of orders. In the absence of the Captain, the Commanding Officer is not to order caning to be inflicted, unless the Captain shall be absent from duty by permission of superior authority for more than 48 hours.

3. Buglers and Band Boys under the age of 18, when embarked, may be caned but not birched.

DEDUCTIONS FROM PAY.

800. Lascar Ratings.-This punishment when not authorised under Articles 793 and 794, is to be confined to lascar ratings. Deductions under this Article are not to exceed five days' pay (or, as a rule, two days' pay in the case of offences for which No. 10 is the maximum punishment prescribed by

* NOTE.-The power of Commanding Officers to award birthing for any offence tried summarily under Section 56 of the Naval Discipline Act is suspended until further orders. can

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Article 757, Table I.) in respect of any one or more offences punished at any one time, and are not to exceed 10 days' pay in all within the space of any one calendar month. This punishment is only to be awarded by the Captain.

2. A day's pay for the purpose of this Article is to include full pay and full pay allowances.

3. Deductions from the pay of a man reduced to a lower rating are to be charged against him on the scale of pay of such lower rating.

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