 <span> 
                                              As amended </span></p> 
                                              <p> 
                                              <span> 
                                              ARRANGEMENT OF SECTIONS</span></p> 
                                              <p> 
                                              <span> 
                                              Section</span></p> 
                                              <p> 
                                              <span> 
                                              PART I&#8212;ORGANISATION</span></p> 
                                              <p> 
                                              <span> 
                                              1. Raising of the Armed Forces.</span></p> 
                                              <p> 
                                              <span> 
                                              2. Composition of each Force.</span></p> 
                                              <p> 
                                              <span> 
                                              3. Composition of Regular Force.</span></p> 
                                              <p> 
                                              <span> 
                                              4. Composition of Regular Reserve.</span></p> 
                                              <p> 
                                              <span> 
                                              5. Composition of Volunteer Force 
                                              and Volunteer Reserve.</span></p> 
                                              <p> 
                                              <span> 
                                              6. Full time service and active 
                                              service.</span></p> 
                                              <p> 
                                              <span> 
                                              7. Reserve and Volunteer Forces on 
                                              training.</span></p> 
                                              <p> 
                                              <span> 
                                              8. Commander in-Chief, etc. </span> 
                                              </p> 
                                              <p> 
                                              <span> 
                                              9. Employment of civilians.</span></p> 
                                              <p> 
                                              <span> 
                                              10. Board of Inquiry.</span></p> 
                                              <p> 
                                              <span> 
                                              11. Armed Forces Council.</span></p> 
                                              <p> 
                                              <span> 
                                              11A. Functions of Boarder Guards</span></p> 
                                              <p> 
                                              <span> 
                                              PART II&#8212;PERSONS SUBJECT TO CODE OF 
                                              SERVICE DISCIPLINE, SERVICE 
                                              OFFENCES, ETC.</span></p> 
                                              <p> 
                                              <span> 
                                              12. Persons subject to the Code of 
                                              Service Discipline.</span></p> 
                                              <p> 
                                              <span> 
                                              13. Aiding or abetting commission 
                                              of offence, etc.</span></p> 
                                              <p> 
                                              <span> 
                                              14. Offences by persons in command 
                                              when in action.</span></p> 
                                              <p> 
                                              <span> 
                                              15. Offences by any person in 
                                              presence of enemy.</span></p> 
                                              <p> 
                                              <span> 
                                              16. Offences relating to security.</span></p> 
                                              <p> 
                                              <span> 
                                              17. Offences relating to prisoners 
                                              of war.</span></p> 
                                              <p> 
                                              <span> 
                                              18. Offences relating to 
                                              operations.</span></p> 
                                              <p> 
                                              <span> 
                                              19. Mutiny with violence.</span></p> 
                                              <p> 
                                              <span> 
                                              20. Mutiny without violence.</span></p> 
                                              <p> 
                                              <span> 
                                              21. Offences connected with 
                                              mutiny.</span></p> 
                                              <p> 
                                              <span> 
                                              22. Disobedience of lawful 
                                              command.</span></p> 
                                              <p> 
                                              <span> 
                                              23. Striking or offering violence 
                                              to a superior officer.</span></p> 
                                              <p> 
                                              <span> 
                                              24. Insubordinate behaviour.</span></p> 
                                              <p> 
                                              <span> 
                                              25. Quarrels and disturbances.</span></p> 
                                              <p> 
                                              <span> 
                                              26. Disorders.</span></p> 
                                              <p> 
                                              <span> 
                                              27. Desertion.</span></p> 
                                              <p> 
                                              <span> 
                                              28. Connivance at desertion, etc.</span></p> 
                                              <p> 
                                              <span> 
                                              29. Absence without leave.</span></p> 
                                              <p> 
                                              <span> 
                                              30. False statement in respect of 
                                              leave.</span></p> 
                                              <p> 
                                              <span> 
                                              31. Abuse of inferiors.</span></p> 
                                              <p> 
                                              <span> 
                                              32. Scandalous conduct by 
                                              officers, etc.</span></p> 
                                              <p> 
                                              <span> 
                                              33. Drunkenness.</span></p> 
                                              <p> 
                                              <span> 
                                              34. Malingering or maiming.</span></p> 
                                              <p> 
                                              <span> 
                                              35. Unnecessary detention of 
                                              person in custody.</span></p> 
                                              <p> 
                                              <span> 
                                              36. Negligent or wilful 
                                              interference with lawful custody.</span></p> 
                                              <p> 
                                              <span> 
                                              37. Escape from custody.</span></p> 
                                              <p> 
                                              <span> 
                                              38. Obstruction of police duties, 
                                              etc.</span></p> 
                                              <p> 
                                              <span> 
                                              39. Obstruction of civil power.</span></p> 
                                              <p> 
                                              <span> 
                                              40. Offences in relation to 
                                              convoys.</span></p> 
                                              <p> 
                                              <span> 
                                              41. Losing, stranding or hazarding 
                                              vessels.</span></p> 
                                              <p> 
                                              <span> 
                                              42. Wrongful acts in relation to 
                                              aircraft, etc.</span></p> 
                                              <p> 
                                              <span> 
                                              43. Low flying.</span></p> 
                                              <p> 
                                              <span> 
                                              44. Inaccurate certificate.</span></p> 
                                              <p> 
                                              <span> 
                                              45. Disobedience of captain's 
                                              orders.</span></p> 
                                              <p> 
                                              <span> 
                                              46. Disturbances, etc., in 
                                              billets.</span></p> 
                                              <p> 
                                              <span> 
                                              47. Offences in relation to 
                                              documents.</span></p> 
                                              <p> 
                                              <span> 
                                              48. Conspiracy.</span></p> 
                                              <p> 
                                              <span> 
                                              49. Causing fires.</span></p> 
                                              <p> 
                                              <span> 
                                              50. Unauthorised use of vehicles.</span></p> 
                                              <p> 
                                              <span> 
                                              51. Destruction, loss or improper 
                                              disposal. </span></p> 
                                              <p> 
                                              <span> 
                                              52. Stealing, etc.</span></p> 
                                              <p> 
                                              <span> 
                                              53. False accusation, etc.</span></p> 
                                              <p> 
                                              <span> 
                                              54. Conduct to the prejudice of 
                                              good order and discipline.</span></p> 
                                              <p> 
                                              <span> 
                                              55. Miscellaneous offences.</span></p> 
                                              <p> 
                                              <span> 
                                              56. Conviction of related or less 
                                              serious offences.</span></p> 
                                              <p> 
                                              <span> 
                                              PART III&#8212;TRIAL AND PUNISHMENT OF&nbsp; 
                                              SERVICE OFFENCES</span></p> 
                                              <p> 
                                              <span> 
                                              57. Arrest generally.</span></p> 
                                              <p> 
                                              <span> 
                                              58. Powers of officers and men 
                                              relating to arrest.</span></p> 
                                              <p> 
                                              <span> 
                                              59. Appointment and powers of 
                                              specially appointed personnel.</span></p> 
                                              <p> 
                                              <span> 
                                              60. Disposal of person arrested.</span></p> 
                                              <p> 
                                              <span> 
                                              61. Report of delay of trial, etc.</span></p> 
                                              <p> 
                                              <span> 
                                              62. Alleged charge to be reported 
                                              to a Disciplinary Board.</span></p> 
                                              <p> 
                                              <span> 
                                              63. Summary trials of subordinate 
                                              officers or men below the rank of 
                                              Warrant Officer.</span></p> 
                                              <p> 
                                              <span> 
                                              64. Summary trials of Officers 
                                              below the rank of Commander 
                                              Lieutenant-Colonel, Wing Commander 
                                              or Warrant Officer.</span></p> 
                                              <p> 
                                              <span> 
                                              64A. Decisions of Disciplinary 
                                              Board to be by majority</span></p> 
                                              <p> 
                                              <span> 
                                              64B. Modification of the Armed 
                                              Forces Regulations, 1970(C.I.12) (Vol.II)</span></p> 
                                              <p> 
                                              <span> 
                                              65. Convening authorities.</span></p> 
                                              <p> 
                                              <span> 
                                              66. Number of members of General 
                                              Court-Martial, etc.</span></p> 
                                              <p> 
                                              <span> 
                                              67. Jurisdiction of general 
                                              court-martial.</span></p> 
                                              <p> 
                                              <span> 
                                              68. Judge advocate.</span></p> 
                                              <p> 
                                              <span> 
                                              69. Ineligibility to serve on 
                                              general court-martial.</span></p> 
                                              <p> 
                                              <span> 
                                              70. Number of members of 
                                              disciplinary court-martial.</span></p> 
                                              <p> 
                                              <span> 
                                              71. Jurisdiction of disciplinary 
                                              court-martial.</span></p> 
                                              <p> 
                                              <span> 
                                              72. Punishment by disciplinary 
                                              court-martial.</span></p> 
                                              <p> 
                                              <span> 
                                              73. Judge advocate of disciplinary 
                                              court-martial.</span></p> 
                                              <p> 
                                              <span> 
                                              73A. Judge Advocate-General.</span></p> 
                                              <p> 
                                              <span> 
                                              74. Ineligibility to serve on 
                                              disciplinary court-martial.</span></p> 
                                              <p> 
                                              <span> 
                                              75. Principles of civil court to 
                                              be observed generally.</span></p> 
                                              <p> 
                                              <span> 
                                              76. Offences in respect of service 
                                              tribunals.</span></p> 
                                              <p> 
                                              <span> 
                                              77. Service trial of civil 
                                              offences.</span></p> 
                                              <p> 
                                              <span> 
                                              78. Scale of punishments.</span></p> 
                                              <p> 
                                              <span> 
                                              79. No limitation.</span></p> 
                                              <p> 
                                              <span> 
                                              80. Time bar.</span></p> 
                                              <p> 
                                              <span> 
                                              81. Autrefois acquit and autrefois 
                                              convict.</span></p> 
                                              <p> 
                                              <span> 
                                              82. Quashing of findings of 
                                              service tribunals.</span></p> 
                                              <p> 
                                              <span> 
                                              83. Substitution of findings for 
                                              original findings of service 
                                              tribunals.</span></p> 
                                              <p> 
                                              <span> 
                                              84. New trial.</span></p> 
                                              <p> 
                                              <span> 
                                              85. Substitution of punishments 
                                              for original punishments of 
                                              service tribunals.</span></p> 
                                              <p> 
                                              <span> 
                                              86. President's power to mitigate 
                                              punishments, etc.</span></p> 
                                              <p> 
                                              <span> 
                                              87. Effect of new punishment.</span></p> 
                                              <p> 
                                              <span> 
                                              88. Saving provision.</span></p> 
                                              <p> 
                                              <span> 
                                              89. Establishment of Court-Martial 
                                              Appeal Court, etc.</span></p> 
                                              <p> 
                                              <span> 
                                              90. Jurisdiction of Court-Martial 
                                              Appeal Court.</span></p> 
                                              <p> 
                                              <span> 
                                              91. Special power of Court-Martial 
                                              Appeal Court to disallow appeal.</span></p> 
                                              <p> 
                                              <span> 
                                              92. Court-Martial Appeal Court to 
                                              set aside appeal, etc.</span></p> 
                                              <p> 
                                              <span> 
                                              93. Substitution of new punishment 
                                              for illegal punishment set aside.</span></p> 
                                              <p> 
                                              <span> 
                                              94. New punishments subject to 
                                              President's power of mitigation.</span></p> 
                                              <p> 
                                              <span> 
                                              95. Jurisdiction of civil courts.</span></p> 
                                              <p> 
                                              <span> 
                                              96. Certificate of civil court.</span></p> 
                                              <p> 
                                              <span> 
                                              PART IV&#8212;GENERAL</span></p> 
                                              <p> 
                                              <span> 
                                              97. Regulations.</span></p> 
                                              <p> 
                                              <span> 
                                              97A. Consequential Amendments</span></p> 
                                              <p> 
                                              <span> 
                                              98. Interpretation.</span></p> 
                                              <p> 
                                              <span> 
                                              99. Continuance of existing 
                                              Forces.</span></p> 
                                              <p> 
                                              <span> 
                                              100. Application of Act to boys.</span></p> 
                                              <p> 
                                              <span> 
                                              101. Repeals and savings.</span></p> 
                                              <p> 
                                              <span> 
                                              102.&nbsp; Commencement.</span></p> 
                                              <p> 
                                              <span> 
                                              SCHEDULE</span></p> 
                                              <p> 
                                              <span> 
                                              Schedule</span></p> 
                                              <p> 
                                              <span>&nbsp;</span></p> 
                                              <p style="text-align: center"> 
                                              <span> 
                                              THE HUNDRED AND FIFTH</span></p> 
                                              <p style="text-align: center"> 
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>
                                              <p style="text-align: center"> 
                                              <span> 
                                              ACT OF THE PARLIAMENT OF THE 
                                              REPUBLIC OF GHANA</span></p> 
                                              <p> 
                                              <span> 
                                              ENTITLED</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              THE ARMED FORCES ACT, 1962</span></b></p> 
                                              <p> 
                                              <span> 
                                              AN ACT to provide for the raising 
                                              and maintenance of the Army, Navy 
                                              and Air Force of Ghana, for 
                                              matters connected therewith and 
                                              for the repeal of certain 
                                              enactments relating to the 
                                              existing forces and other defence 
                                              matters.</span></p> 
                                              <p> 
                                              <span> 
                                              DATE OF ASSENT: 21st February, 
                                              1962</span></p> 
                                              <p> 
                                              <span> 
                                              WHEREAS by Article 53 of the 
                                              Constitution it is provided that 
                                              no armed force shall be raised 
                                              except under the authority of an 
                                              Act of Parliament:</span></p> 
                                              <p> 
                                              <span> 
                                              AND WHEREAS by Article 8 of the 
                                              Constitution it is also provided 
                                              that the President shall be the 
                                              Commander-in-Chief of the Armed 
                                              Forces:</span></p> 
                                              <p> 
                                              <span> 
                                              AND WHEREAS by Article 54 of the 
                                              Constitution it is further 
                                              provided that the powers of the 
                                              Commander-in-Chief of the Armed 
                                              Forces shall include the power to 
                                              commission persons as officers in 
                                              the said Forces and to order any 
                                              of the said Forces to engage in 
                                              operations for the defence of 
                                              Ghana, for the preservation of 
                                              public order, for relief in cases 
                                              of emergency or for any other 
                                              purpose appearing to the 
                                              Commander-in-Chief to be 
                                              expedient:</span></p> 
                                              <p> 
                                              <span> 
                                              AND WHEREAS by section (2) of the 
                                              said Article 54 of the 
                                              Constitution it is also provided 
                                              that the Commander-in-Chief shall 
                                              have power, in a case where it 
                                              appears to him to be expedient to 
                                              do so for the security of the 
                                              State, to dismiss a member of the 
                                              Armed Forces or to order a member 
                                              of the Armed Forces not to 
                                              exercise any authority vested in 
                                              him as a member thereof until the 
                                              Commander-in-Chief otherwise 
                                              directs:</span></p> 
                                              <p> 
                                              <span> 
                                              Now, THEREFORE, BE IT ENACTED by 
                                              the President and the National 
                                              Assembly in this present 
                                              Parliament assembled as follows:&#8212;</span></p> 
                                              <p> 
                                              <span> 
                                              PART I&#8212;ORGANISATION.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 1&#8212;Raising of the Armed 
                                              Forces. </span></b></p> 
                                              <p> 
                                              <span> 
                                              There shall be raised and 
                                              maintained in accordance with the 
                                              provisions of this Act and 
                                              regulations made thereunder, an 
                                              army, navy, air force and border 
                                              guards, to be known as the Army of 
                                              Ghana, Navy of Ghana, Air Force of 
                                              Ghana and Border Guards of Ghana, 
                                              not exceeding such strength as may 
                                              from time to time be determined by 
                                              the National Redemption 
                                              Council.[As substituted by the 
                                              Armed Forces (Amendment) (No.2) 
                                              Decree, 1972 (NRCD 125), s.1]</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 2&#8212;Composition of Each 
                                              Force.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) The Army of Ghana, Navy of 
                                              Ghana, Air Force of Ghana and 
                                              Border Guards of Ghana shall each 
                                              consist of&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) a Regular Force;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) a Regular Reserve;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) if a Volunteer Force and a 
                                              Volunteer Reserve are maintained 
                                              under section 5, such Volunteer 
                                              Force and Volunteer Reserve.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Each Regular Force, Regular 
                                              Reserve, Volunteer Force and 
                                              Volunteer Reserve shall consist of 
                                              such units and other elements and 
                                              shall be under the immediate 
                                              supervision and control of such 
                                              officers, as may be prescribed.[As 
                                              substituted by the Armed Forces 
                                              (Amendment) (No.2) Decree, 1972 (NRCD 
                                              125), s.1]</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 3&#8212;Composition of Regular 
                                              Forces.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Each Regular Force shall consist 
                                              of&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) officers commissioned by the 
                                              Commander-in-Chief of the Armed 
                                              Forces; and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) men enrolled in accordance 
                                              with regulations made under this 
                                              Act, for the purpose of rendering 
                                              continuous service during the 
                                              period of their engagement. [As 
                                              substituted by the Armed Forces 
                                              (Amendment) (No.2) Decree, 1972 (NRCD 
                                              125), s.1]</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 4&#8212;Composition of Regular 
                                              Reserve.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Each Regular Reserve shall consist 
                                              of officers whom the&nbsp; President 
                                              has transferred to such Reserve 
                                              and men who have been transferred 
                                              thereto in accordance with the 
                                              terms of their enrolment.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 5&#8212;Composition of&nbsp; 
                                              Volunteer Force and&nbsp; Volunteer 
                                              Reserve.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) There may be raised and 
                                              maintained in accordance with the 
                                              provisions of this Act and of any 
                                              regulations made thereunder for 
                                              the Armed Forces Volunteer Forces 
                                              consisting of such units or 
                                              elements as may be deemed 
                                              necessary by the President for the 
                                              purpose of rendering service under 
                                              this Act.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) There may be organised and 
                                              maintained for the Armed Forces 
                                              Volunteer Reserves consisting of 
                                              such officers and soldiers of the 
                                              Volunteer Forces or of any other 
                                              unit of the Armed Forces as are 
                                              transferred to such Reserves by 
                                              order of the President.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 6&#8212;Full-Time Service and 
                                              Active.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Each Regular Force or part 
                                              thereof shall be on continuing, 
                                              full-time military service and 
                                              shall at all times be liable to be 
                                              employed on active service.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) The President may order, in 
                                              such manner as may be prescribed, 
                                              the whole or any part of any 
                                              Regular Reserve or Volunteer Force 
                                              or Volunteer Reserve to be on 
                                              continuing full-time military 
                                              service and on such order being 
                                              made such Reserve, Force or part 
                                              thereof shall be on such service, 
                                              and during such service such 
                                              Reserve, Force or part thereof 
                                              shall at all times be liable to be 
                                              employed on active service.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) Where the whole or any part of 
                                              any Regular Reserve or Volunteer 
                                              Force or Volunteer Reserve has 
                                              been ordered under subsection (2) 
                                              to be on continuing full-time 
                                              military service, the officers and 
                                              men of such Force, Reserve, or 
                                              part thereof shall, during the 
                                              period of such service, be deemed 
                                              for all purposes, except for such 
                                              purposes as may be prescribed, to 
                                              be a part of the corresponding 
                                              Regular Force.</span></p> 
                                              <p> 
                                              <span> 
                                              (4) All officers and men ordered 
                                              to be on continuing full-time 
                                              military service under subsection 
                                              (2) shall remain on such service 
                                              until the President orders the 
                                              termination of such service.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 7&#8212;Reserve and Volunteer 
                                              Forces on Training.</span></b></p> 
                                              <p> 
                                              <span> 
                                              The whole or any part of any 
                                              Regular Reserve or Volunteer Force 
                                              or Volunteer Reserve may be called 
                                              out for training in accordance 
                                              with regulations made in that 
                                              behalf.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 8&#8212;Commander-in-Chief, etc.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) The Chairman of the National 
                                              Redemption Council shall be the 
                                              Commander-in-Chief of the Armed 
                                              Forces of Ghana.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) In the exercise of his 
                                              functions under this section, the 
                                              Commander-in-Chief shall whenever 
                                              practicable act in consultation 
                                              with the Armed Forces Council 
                                              appointed under section 11 of this 
                                              Act, and he shall as soon as 
                                              practicable report to the Armed 
                                              Forces Council and the National 
                                              Redemption Council on any such 
                                              exercise of his functions.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) The Commander-in-Chief may 
                                              appoint officers of the Armed 
                                              Forces with such command as he may 
                                              determine, and may grant 
                                              commissions to officers and 
                                              appoint persons to hold or act in 
                                              any office in the Armed Forces.</span></p> 
                                              <p> 
                                              <span> 
                                              (4) Where it appears to the 
                                              Commander-in-Chief to be expedient 
                                              to do so for the security of the 
                                              State, he may dismiss a member of 
                                              the Armed Forces or order a member 
                                              of the Armed Forces not to 
                                              exercise any authority vested in 
                                              him as a member thereof until the 
                                              Commander-in-Chief otherwise 
                                              directs, and a purported exercise 
                                              of authority in contravention of 
                                              such an order shall be 
                                              ineffective.</span></p> 
                                              <p> 
                                              <span> 
                                              (5) The Commander-in-Chief shall 
                                              have power to order any of the 
                                              Armed Forces to engage in 
                                              operations for the defence of 
                                              Ghana, for the preservation of 
                                              public order, for relief in the 
                                              case of emergency or for any other 
                                              purposes appearing to the 
                                              Commander-in-Chief to be 
                                              expedient.</span></p> 
                                              <p> 
                                              <span> 
                                              (6) The Commander-in-Chief may 
                                              appoint an officer of the Armed 
                                              Forces to be the Chief of Defence 
                                              Staff of the Armed Forces. [As 
                                              substituted by the Armed Forces 
                                              (Amendment) Decree, 1972 (NRCD 
                                              45), s.2]</span></p> 
                                              <p> 
                                              <span> 
                                              (7) The Commander-in-Chief may 
                                              appoint an Army Commander, Navy 
                                              Commander, Air Force Commander and 
                                              Border Guards Commander.[As 
                                              substituted by the Armed Forces 
                                              (Amendment) (NO.2) Decree, 1972 (NRCD 
                                              125), s.2]</span></p> 
                                              <p> 
                                              <span> 
                                              (8) The Chief of Defence Staff 
                                              shall, subject to the control and 
                                              direction of the 
                                              Commander-in-Chief, be responsible 
                                              for the operational control and 
                                              the administration of the Armed 
                                              Forces as a whole.[As substituted 
                                              by the Armed Forces (Amendment) 
                                              Decree, 1972 (NRCD 45), s.2]</span></p> 
                                              <p> 
                                              <span> 
                                              (9) The Army Commander, Navy 
                                              Commander, Air Force Commander and 
                                              Border Guards Commander shall, 
                                              subject to any regulations made 
                                              under section 97 of this Act, be 
                                              charged with the control and 
                                              administration of the Army, Navy, 
                                              Air Force and Border Guards 
                                              respectively.[As substituted by 
                                              the Armed Forces (Amendment) 
                                              (NO.2) Decree, 1972 (NRCD 125), 
                                              s.2]</span></p> 
                                              <p> 
                                              <span> 
                                              (10) The Commander-in-Chief may, 
                                              subject to such conditions as he 
                                              may determine, delegate any of his 
                                              functions under this section to 
                                              any member of the Armed Forces.</span></p> 
                                              <p> 
                                              <span> 
                                              (11) The Chief of Defence Staff 
                                              and each of the Commanders 
                                              referred to in subsection (7) of 
                                              this section may, subject to any 
                                              direction given or regulation made 
                                              by the Commander-in-Chief, 
                                              delegate to any officer under his 
                                              command such of his functions, 
                                              other than the said function of 
                                              delegation, as he may from time to 
                                              time deem expedient.[As 
                                              substituted by the Armed Forces 
                                              (Amendment) Decree, 1972 (NRCD 
                                              45), s.2]</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 9&#8212;Employment of Civilians.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Civilian employees may be 
                                              appointed in such numbers, for 
                                              such purposes, in such manner and 
                                              under such conditions of service, 
                                              as may be prescribed.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 10&#8212;Board of Inquiry.</span></b></p> 
                                              <p> 
                                              <span> 
                                              The President or any person 
                                              authorised in that behalf by him 
                                              or any prescribed person may, 
                                              where he or such person thinks it 
                                              expedient that information on any 
                                              matter connected with the 
                                              government, discipline, 
                                              administration or functions of the 
                                              Armed Forces or affecting any 
                                              officer or men of the said Forces 
                                              is necessary, convene a Board of 
                                              Inquiry for investigating and 
                                              reporting on such matter. That 
                                              Board of Inquiry shall be 
                                              constituted, and its procedure 
                                              shall be governed, in accordance 
                                              with regulations made under this 
                                              Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 11&#8212;Armed Forces Council.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) There shall be an Armed Forces 
                                              Council which shall consist of&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) the Commander-in-Chief who 
                                              shall be Chairman;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) the Chief of Defence Staff;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) one service commander 
                                              appointed by the 
                                              Commander-in-Chief;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) two other persons appointed by 
                                              the Commander-in-Chief.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Without prejudice to the 
                                              powers of the Commander-in-Chief 
                                              under this Act, the Armed Forces 
                                              Council shall advice the National 
                                              Redemption Council and the 
                                              Executive Council on all major 
                                              matters of policy relating to 
                                              defence and strategy including the 
                                              role of the Armed Forces, military 
                                              budgeting and finance and 
                                              administration.[As substituted by 
                                              the Armed Forces (Amendment) 
                                              Decree, 1972 (NRCD 45), s.3]</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 11A&#8212;Functions of Boarder 
                                              Guards. </span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Any member of the Border 
                                              Guards and any other member of the 
                                              Armed Forces who is seconded to 
                                              the Border Guards shall be deemed 
                                              to be an officer within the 
                                              meaning of the Customs and Excise 
                                              Decree, 1972 (N.R.C.D. 114) and 
                                              shall accordingly be entitled to 
                                              exercise all the powers of an 
                                              officer under that Decree, subject 
                                              to and in conformity with the 
                                              provisions of that Decree and any 
                                              other relevant enactment:</span></p> 
                                              <p style="text-align: justify; text-indent: 36.0pt"> 
                                              <span> 
                                              Provided that no such member shall 
                                              exercise any power under section 
                                              102 of that Decree unless he is 
                                              above the rank of sergeant.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Subject to the provisions of 
                                              the Customs and Excise Decree, 
                                              1972 (N.R.C.D. 114), where any 
                                              person is arrested by a member of 
                                              the Armed Forces for any offence 
                                              against that Decree he shall be 
                                              dealt with according to the 
                                              ordinary criminal procedure of 
                                              Ghana.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) Until regulations are made 
                                              under section 97 of this Act in 
                                              respect of the Border Guards, the 
                                              Chairman of the National 
                                              Redemption Council may give such 
                                              written directions as he thinks 
                                              fit in respect of any matter 
                                              relating to the Border Guards. [As 
                                              inserted by the Armed Forces 
                                              (Amendment) (No.2) Decree, 1972 (NRCD 
                                              125), s.3]</span></p> 
                                              <p> 
                                              <span> 
                                              PART II&#8212;PERSONS SUBJECT TO CODE OF 
                                              SERVICE DISCIPLINE, SERVICE 
                                              OFFENCES, ETC.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 12&#8212;Persons Subject to&nbsp; the 
                                              Code of Service Discipline.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) The following persons, and no 
                                              others, shall be subject to the 
                                              Code of Service Discipline: </span> 
                                              </p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) every officer and man of each 
                                              Regular Force; </span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) every officer and man of each 
                                              Regular Reserve Volunteer Force 
                                              and Volunteer Reserve when he is&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 72.0pt"> 
                                              <span>(i) 
                                              undergoing drill or training 
                                              whether in uniform or not,</span></p> 
                                              <p style="text-align: justify; margin-left: 72.0pt"> 
                                              <span> 
                                              (ii) in uniform,</span></p> 
                                              <p style="text-align: justify; margin-left: 72.0pt"> 
                                              <span> 
                                              (iii) on duty,</span></p> 
                                              <p style="text-align: justify; margin-left: 72.0pt"> 
                                              <span> 
                                              (iv) on continuing, full-time 
                                              military service,</span></p> 
                                              <p style="text-align: justify; margin-left: 72.0pt"> 
                                              <span> 
                                              (v) on active service,</span></p> 
                                              <p style="text-align: justify; margin-left: 72.0pt"> 
                                              <span> 
                                              (vi) in or on any vessel, vehicle 
                                              or aircraft of the Armed Forces or 
                                              in or on any defence establishment 
                                              or work for defence,</span></p> 
                                              <p style="text-align: justify; margin-left: 72.0pt"> 
                                              <span> 
                                              (vii) serving with any unit or 
                                              other element of a Regular Force, 
                                              or</span></p> 
                                              <p style="text-align: justify; margin-left: 72.0pt"> 
                                              <span> 
                                              (viii) present, whether in uniform 
                                              or not, at any drill or training 
                                              of a unit or other element of the 
                                              Armed Forces;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) subject to such exceptions, 
                                              adaptations, and modifications as 
                                              the President may by regulations 
                                              prescribe, a person who pursuant 
                                              to law is attached or seconded as 
                                              an officer or man to one of the 
                                              Armed Forces;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) every person, not otherwise 
                                              subject to the Code of Service 
                                              Discipline, who is serving in the 
                                              position of an officer or man of 
                                              any force raised and maintained 
                                              out of Ghana and commanded by an 
                                              officer of the Armed Forces;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (e) every person, not otherwise 
                                              subject to the Code of Service 
                                              Discipline, who accompanies any 
                                              unit or other element of the Armed 
                                              Forces that is on service in any 
                                              place;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (f) every person, not otherwise 
                                              subject to the Code of Service 
                                              Discipline, who, in respect of any 
                                              service offence committed or 
                                              alleged to have been committed by 
                                              him, is in civil custody or in 
                                              service custody; and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (g) every person, not otherwise 
                                              subject to the Code of Service 
                                              Discipline, while serving with the 
                                              Armed Forces under an engagement 
                                              whereby he agreed to be subject to 
                                              that Code.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Every person subject to the 
                                              Code of Service under subsection 
                                              (1) at the time of the alleged 
                                              commission by him of a service 
                                              offence shall continue to be 
                                              liable to be charged, dealt with 
                                              and tried in respect of that 
                                              offence under such Code, 
                                              notwithstanding that he may have, 
                                              since the commission of that 
                                              offence, ceased to be a person 
                                              mentioned in that subsection.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) Every person who, since the 
                                              alleged commission by him of a 
                                              service offence, has ceased to be 
                                              a person mentioned in subsection 
                                              (1), shall, for the purposes of 
                                              the Code of Service Discipline, be 
                                              deemed, for the period during 
                                              which under that Code he is liable 
                                              to be charged, dealt with and 
                                              tried, to have the status and rank 
                                              that he held immediately prior to, 
                                              the time when he ceased to be a 
                                              person mentioned in that 
                                              subsection.</span></p> 
                                              <p> 
                                              <span> 
                                              (4) Subject to subsections (5) and 
                                              (6), every person who is alleged 
                                              to have committed a service 
                                              offence may be charged, dealt with 
                                              and tried only within the Armed 
                                              Force in which he was commissioned 
                                              or enrolled.</span></p> 
                                              <p> 
                                              <span> 
                                              (5) Every person who, while 
                                              attached or seconded to an Armed 
                                              Force other than the Armed Force 
                                              in which he was commissioned or 
                                              enrolled, may 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 commissioned 
                                              or enrolled.</span></p> 
                                              <p> 
                                              <span> 
                                              (6) Every person who, while 
                                              embarked on any vessel or aircraft 
                                              of an Armed Force other than the 
                                              Force in which he was commissioned 
                                              or enrolled is alleged to have 
                                              committed a service offence, may 
                                              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 commissioned or 
                                              enrolled.</span></p> 
                                              <p> 
                                              <span> 
                                              (7) Every person serving in the 
                                              circumstances specified in 
                                              paragraph (d) of subsection (1) 
                                              who while so serving is alleged to 
                                              have committed a service offence, 
                                              may be charged, dealt with and 
                                              tried within the Armed Force in 
                                              which his commanding officer is 
                                              serving.</span></p> 
                                              <p> 
                                              <span> 
                                              (8) For the purposes of this 
                                              section, but subject to such 
                                              limitations as may be prescribed, 
                                              a person accompanies a unit or 
                                              other element of the Armed Forces 
                                              that is on service if such person&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) participates with that unit or 
                                              other element in the carrying out 
                                              of any of its movements, 
                                              manoeuvres, duties in aid of the 
                                              civil power, duties in a disaster, 
                                              or warlike operations,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) is accommodated or provided 
                                              with rations at his own expense or 
                                              otherwise by that unit or other 
                                              element in any country or at any 
                                              place designated by the President;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c)&nbsp; is a dependent out of Ghana 
                                              of an officer or man serving 
                                              beyond Ghana with that unit or 
                                              other element, or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d)&nbsp; is embarked on a vessel or 
                                              aircraft of that unit or other 
                                              element.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 13&#8212;Aiding or Abetting 
                                              Commission of Offence, Etc.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) In addition to the person who 
                                              commits an offence, every person 
                                              who&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) does or omits an act for the 
                                              purpose of aiding any person to 
                                              commit the offence,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) attempts to commit or abets 
                                              any person in the commission of 
                                              the offence, or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) counsels or procures any 
                                              person to commit the offence,</span></p> 
                                              <p> 
                                              <span> 
                                              shall be guilty of an offence and 
                                              on conviction shall be liable to 
                                              the same punishment as the person 
                                              found guilty of committing that 
                                              offence.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Every person who, having an 
                                              intent to commit an offence, does 
                                              or omits an act for the purpose of 
                                              accomplishing his object shall be 
                                              guilty of an attempt to commit the 
                                              offence intended, whether under 
                                              the circumstances it was possible 
                                              to commit such offence or not.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) Where two or more persons form 
                                              an intention in common to carry 
                                              out an unlawful purpose and to 
                                              assist each other therein and any 
                                              one of them, in carrying out the 
                                              common purpose, commits an 
                                              offence, each of them who knew or 
                                              ought to have known that the 
                                              commission of the offence would be 
                                              a probable consequence of carrying 
                                              out the common purpose shall be 
                                              guilty of that offence.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 14&#8212;Offences by Persons in 
                                              Command When in Action.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person in command of a 
                                              vessel, aircraft, defence 
                                              establishment, unit or other 
                                              element of the Armed Forces who&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a)&nbsp; when under orders to carry 
                                              out an operation of war or on 
                                              coming into contact with an enemy 
                                              that it is his duty to engage, 
                                              does not use his utmost exertion 
                                              to bring the officers and men 
                                              under his command or his ship, 
                                              vessel, aircraft, or his other 
                                              material into action,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b)&nbsp; being in action, does not, 
                                              during the action, in his own 
                                              person and according to his rank, 
                                              encourage the officers and men 
                                              under his command to fight 
                                              courageously,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c)&nbsp; when capable of making a 
                                              successful defence, surrenders his 
                                              ship, vessel, aircraft, defence 
                                              establishment, material, unit or 
                                              other element of an Armed Force to 
                                              the enemy,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d)&nbsp; being in action, improperly 
                                              withdraws from the action,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (e) improperly fails to pursue an 
                                              enemy or to consolidate a position 
                                              gained,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (f)&nbsp; improperly fails to relieve 
                                              or assist a known friend to the 
                                              utmost of his power, or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (g) when in action, improperly 
                                              forsakes his station,</span></p> 
                                              <p> 
                                              <span> 
                                              shall be guilty of an offence and 
                                              on conviction if he acted 
                                              treasonably, shall suffer death, 
                                              if he acted from cowardice shall 
                                              be liable to suffer death or to 
                                              any less punishment provided by 
                                              this Act, and in any other case 
                                              shall be liable to dismissal with 
                                              disgrace from the Armed Forces or 
                                              to any less punishment provided by 
                                              this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 15&#8212;Offences by Any Person 
                                              in Presence of Enemy.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person subject to the Code 
                                              of Service Discipline who&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) improperly delays or 
                                              discourages any action against the 
                                              enemy;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) goes over to the enemy,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) when ordered to carry out an 
                                              operation of war, fails to use his 
                                              utmost exertion to carry the order 
                                              into effect,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) improperly abandons or 
                                              delivers up any defence 
                                              establishment, garrison, place, 
                                              material, post or guard,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (e) assists the enemy with 
                                              material,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (f) improperly casts away or 
                                              abandons any material in the 
                                              presence of the enemy,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (g) improperly does or omits to do 
                                              anything that results in the 
                                              capture by the enemy of persons or 
                                              the capture or destruction by the 
                                              enemy of material,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (h) when on watch in the presence 
                                              or vicinity of the enemy, leaves 
                                              his post before he is regularly 
                                              relieved or sleeps or is drunk,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span>(i) 
                                              behaves before the enemy in such 
                                              manner as to show cowardice, or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (j) does or omits to do anything 
                                              with intent to imperil the success 
                                              of any of the Armed Forces or of 
                                              any forces co-operating therewith,</span></p> 
                                              <p> 
                                              <span> 
                                              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 committed in action, 
                                              shall be liable to suffer death or 
                                              to any less punishment provided by 
                                              this Act or, if the offence was 
                                              committed otherwise than in 
                                              action, shall be liable to 
                                              imprisonment for life or to any 
                                              less punishment provided by this 
                                              Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 16&#8212;Offences Relating to 
                                              Security.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person subject to the Code 
                                              of Service Discipline who&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) improperly holds communication 
                                              with or gives intelligence to the 
                                              enemy,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) without authority discloses in 
                                              any manner whatsoever any 
                                              information relating to the 
                                              numbers, position, material, 
                                              movements, preparations for 
                                              operations of any of the Armed 
                                              Forces or of any forces 
                                              co-operating therewith,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) without authority discloses in 
                                              any manner whatsoever any 
                                              information relating to a 
                                              cryptographic system, aid, 
                                              process, procedure, publication or 
                                              document of any of the Armed 
                                              Forces or of any forces 
                                              co-operating therewith,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) makes known the parole, 
                                              watchword, password, countersign 
                                              or identification signal to any 
                                              person not entitled to receive it,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (e) gives a parole, watch word, 
                                              password, countersign or 
                                              identification signal different 
                                              from that which he received,
                                              </span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (f) without authority alters or 
                                              interferes with any identification 
                                              or other signal,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (g) improperly occasions false 
                                              alarms,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (h) when acting as sentry or 
                                              lookout, leaves his post before he 
                                              is regularly relieved or sleeps or 
                                              is drunk,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span>(i) 
                                              forces a safeguard or forces or 
                                              strikes a sentinel,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (j) does or omits to do anything 
                                              with intent to prejudice the 
                                              security of the Armed Forces or 
                                              any forces cooperating therewith,</span></p> 
                                              <p> 
                                              <span> 
                                              shall be guilty of an offence and 
                                              on conviction, if he acted 
                                              treasonably shall suffer death, 
                                              and in any other case shall be 
                                              liable to imprisonment for life or 
                                              to any less punishment provided by 
                                              this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 17&#8212;Offences Relating to 
                                              Prisoners of War.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person subject to the Code 
                                              of Service Discipline who&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) by want of due precaution, or 
                                              through disobedience of orders or 
                                              wilful neglect of&nbsp; duty, is made a 
                                              prisoner of war,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) having been made a prisoner of 
                                              war, fails to rejoin the Armed 
                                              Forces when able to do so, or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) having been made a prisoner of 
                                              war, serves with or aids the 
                                              enemy,</span></p> 
                                              <p> 
                                              <span> 
                                              shall be guilty of an offence and 
                                              on conviction, if he acted 
                                              treasonably shall suffer death and 
                                              in any other case shall be liable 
                                              to imprisonment for life or to any 
                                              less punishment provided by this 
                                              Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 18&#8212;Offences Relating to 
                                              Operations.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person subject to the Code 
                                              of Service Discipline who&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) does violence to any person 
                                              bringing material to any of the 
                                              Armed Forces or to any forces 
                                              co-operating therewith,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) irregularly detains any 
                                              material being conveyed to any 
                                              unit or other element of the Armed 
                                              Forces or of any forces 
                                              co-operating therewith,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) irregularly appropriates to 
                                              the unit or other element of the 
                                              Armed Forces with which he is 
                                              serving any material being 
                                              conveyed to any other unit or 
                                              element of such forces or of any 
                                              forces co-operating therewith,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) without orders from his 
                                              superior officer, improperly 
                                              destroys or damages any property,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (e) breaks into any house or other 
                                              place in search of plunder,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (f) commits any offence against 
                                              the property or person of any 
                                              inhabitant or resident of a 
                                              country in which he is serving,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (g) steals from or with intent to 
                                              steal searches, the person of any 
                                              person killed or wounded, in the 
                                              course of warlike operations,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (h) steals any money or property 
                                              that has been left exposed or 
                                              unprotected in consequence of 
                                              warlike operations, or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span>(i) 
                                              takes otherwise than for the 
                                              service of the Republic of Ghana 
                                              any money or property abandoned by 
                                              the enemy, shall be guilty of an 
                                              offence and on conviction, if he 
                                              committed any such offence on 
                                              active service, shall be liable to 
                                              imprisonment for life or to any 
                                              less punishment provided by this 
                                              Act, and in any other case shall 
                                              be liable to dismissal with 
                                              disgrace from the Armed Forces or 
                                              to any less punishment provided by 
                                              this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 19&#8212;Mutiny with Violence.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person who joins in a mutiny 
                                              that is accompanied by violence 
                                              shall be guilty of an offence and 
                                              on conviction shall be liable to 
                                              suffer death or to any less 
                                              punishment provided by this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 20&#8212;Mutiny without 
                                              Violence.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person who joins in a mutiny 
                                              that is not accompanied by 
                                              violence shall be guilty of an 
                                              offence and on conviction shall be 
                                              liable to imprisonment for life or 
                                              to any less punishment provided by 
                                              this Act and, in the case of a 
                                              ringleader of the mutiny to suffer 
                                              death or to any less punishment 
                                              provided by this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 21&#8212;Offences Connected with 
                                              Mutiny.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person who&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) causes or conspires with any 
                                              other person to cause a mutiny,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) endeavours to persuade any 
                                              person to join in a mutiny,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) being present, does not use 
                                              his utmost endeavours to suppress 
                                              a mutiny, or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) being aware of an actual or 
                                              intended mutiny, does not without 
                                              delay inform his superior officer 
                                              thereof,</span></p> 
                                              <p> 
                                              <span> 
                                              shall be guilty of an offence and 
                                              on conviction shall be liable to 
                                              imprisonment for life or to any 
                                              less punishment provided by the 
                                              Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 22&#8212;Disobedience of Lawful 
                                              Command.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person who disobeys a lawful 
                                              command of a superior officer 
                                              shall be guilty of an offence and 
                                              on conviction shall be liable to 
                                              imprisonment for life or to any 
                                              less punishment provided by this 
                                              Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 23&#8212;Striking of Offering 
                                              Violence to a Superior Officer.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person who strikes or draws 
                                              or lifts up a weapon against, or 
                                              uses, or offers violence against a 
                                              superior officer, shall be guilty 
                                              of an offence and on conviction 
                                              shall be liable to imprisonment 
                                              for life or to any less punishment 
                                              provided by this Act. </span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 24&#8212;Insubordinate 
                                              Behaviour.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person who uses threatening 
                                              or insulting language to or 
                                              behaves with contempt towards a 
                                              superior officer shall be guilty 
                                              of an offence and on conviction 
                                              shall be liable to dismissal with 
                                              disgrace from the Armed Forces or 
                                              to any less punishment provided by 
                                              this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 25&#8212;Quarrels and 
                                              Disturbances.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person who quarrels or 
                                              fights with any other person who 
                                              is subject to the Code of Service 
                                              Discipline, 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 shall be liable to 
                                              imprisonment for less than two 
                                              years or to any less punishment 
                                              provided by this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 26&#8212;Disorders.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person subject to the Code 
                                              of Service Discipline who&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) being concerned in a quarrel, 
                                              fray or disorder, refuses to obey 
                                              an officer, though of inferior 
                                              rank, who orders him into arrest, 
                                              or strikes or uses or offers 
                                              violence to any such officer,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (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 the Code of Service 
                                              Discipline,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) resists an escort whose duty 
                                              it is to apprehend him or to have 
                                              him in charge, or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) breaks out of barracks, 
                                              station, camp, quarters or ship,</span></p> 
                                              <p> 
                                              <span> 
                                              shall be guilty of an offence and 
                                              on conviction shall be liable to 
                                              imprisonment for less than two 
                                              years or to any less punishment 
                                              provided by this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 27&#8212;Desertion.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Every person who deserts shall 
                                              be guilty of an offence and on 
                                              conviction, if he committed the 
                                              offence on active service or when 
                                              under orders for active service, 
                                              shall be liable to imprisonment 
                                              for life or to any less punishment 
                                              provided by this Act, and in any 
                                              other case shall be liable to 
                                              imprisonment for a term not 
                                              exceeding five years or to any 
                                              less punishment provided by this 
                                              Act.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) For the purposes of this Act a 
                                              person deserts who&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) being on or having been warned 
                                              for active service or other 
                                              important service, is absent 
                                              without authority with the 
                                              intention of avoiding that 
                                              service;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) having been warned that his 
                                              vessel is under sailing orders, is 
                                              absent without authority, with the 
                                              intention of missing that vessel;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) absents himself without 
                                              authority from his unit or 
                                              formation or from the place where 
                                              his duty requires him to be, with 
                                              the intention of not returning to 
                                              that unit, formation or place,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) is absent without authority 
                                              from his unit or formation or from 
                                              the place where his duty requires 
                                              him to be and at any time during 
                                              such absence forms the intention 
                                              of not returning to that unit, 
                                              formation or place; or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (e) while absent with authority 
                                              from his unit or formation or the 
                                              place where his duty requires him 
                                              to be, with the intention of not 
                                              returning to that unit, formation 
                                              or place, does any act, or omits 
                                              to do anything, the natural and 
                                              probably consequence of which act 
                                              or omission is to preclude his 
                                              return to that unit, formation or 
                                              place at the time required.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) A person who has been absent 
                                              without authority for a continuous 
                                              period of six months or more 
                                              shall, unless the contrary is 
                                              proved, be presumed to have 
                                              deserted for the purposes of this 
                                              Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 28&#8212;Connivance at 
                                              Desertion, Etc.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person who&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) being aware of the desertion 
                                              or intended desertion of a person 
                                              from any of the Armed Forces, does 
                                              not without reasonable excuse 
                                              inform his superior officer 
                                              forthwith, or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) fails to take any steps in his 
                                              power to cause the apprehension of 
                                              a person known by him to be a 
                                              deserter,</span></p> 
                                              <p> 
                                              <span> 
                                              shall be guilty of an offence and 
                                              on conviction shall be liable to 
                                              imprisonment for less than two 
                                              years or to any less punishment 
                                              provided by this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 29&#8212;Absence Without Leave.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Every person who absents 
                                              himself without leave shall be 
                                              guilty of an offence and on 
                                              conviction shall be liable to 
                                              imprisonment&nbsp; for less than two 
                                              years or to any less punishment 
                                              provided by this Act.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) A person absents himself 
                                              without leave who&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) without authority leaves his 
                                              unit, formation or the place where 
                                              his duty requires him to be;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) without authority is absent 
                                              from his unit, formation or the 
                                              place where his duty requires him 
                                              to be; or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) having been authorised to be 
                                              absent from his unit, formation or 
                                              the place where his duty requires 
                                              him to be, fails to return to that 
                                              unit, formation or place at the 
                                              expiration of the period for which 
                                              his absence was authorised.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 30&#8212;False Statement in 
                                              Respect of Leave.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person who knowingly makes a 
                                              false statement for the purpose of 
                                              prolonging his leave of absence 
                                              shall be guilty of an offence and 
                                              on conviction shall be liable to 
                                              imprisonment for less than two 
                                              years or to any less punishment 
                                              provided by this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 31&#8212;Abuse of Inferiors.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person subject to the Code 
                                              of Service Discipline who strikes 
                                              or otherwise ill-treats any person 
                                              in the Armed Forces, who by reason 
                                              of rank or appointment is 
                                              subordinate to him shall be guilty 
                                              of an offence and on conviction 
                                              shall be liable to imprisonment 
                                              for less than two years or to any 
                                              less punishment provided by this 
                                              Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 32&#8212;Scandalous Conduct by 
                                              Officers, Etc.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Every officer who behaves in a 
                                              scandalous manner unbecoming of an 
                                              officer shall be guilty of an 
                                              offence and on conviction shall 
                                              suffer dismissal from the Armed 
                                              Forces with or without disgrace.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Every person in the Armed 
                                              Forces, who behaves in a cruel or 
                                              disgraceful manner shall be guilty 
                                              of an offence and on conviction 
                                              liable to imprisonment for a term 
                                              not exceeding five years or to any 
                                              less punishment provided by this 
                                              Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 33&#8212;Drunkeness.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Every person in the Armed 
                                              Forces who is drunk, whether or 
                                              not on duty, shall be guilty of an 
                                              offence and on conviction shall be 
                                              liable to imprisonment for less 
                                              than two years or to any less 
                                              punishment provided by this Act.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) For the purposes of this 
                                              section, a person is drunk if 
                                              owing to the influence of alcohol 
                                              or any drug, whether alone or in 
                                              combination with any other 
                                              circumstances, he is unfit to be 
                                              entrusted with his duty or with 
                                              any duty which he might be called 
                                              upon to perform or behaves in a 
                                              disorderly manner or in a manner 
                                              likely to bring discredit on the 
                                              Armed Forces.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 34&#8212;Malingering or Maiming.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person subject to the Code 
                                              of Service Discipline who&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a)&nbsp; malingers or feigns disease 
                                              or produces disease or infirmity,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) aggravates, or delays the cure 
                                              of, any disease or infirmity by 
                                              misconduct or wilful disobedience 
                                              of orders, or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) wilfully maims or injures 
                                              himself or any other person who is 
                                              in the Armed Forces or of any 
                                              forces co-operating therewith, 
                                              whether at the instance of that 
                                              person or not, with intent thereby 
                                              to render himself or that other 
                                              person unfit for service, or 
                                              causes himself to be maimed or 
                                              injured by any person with intent 
                                              thereby to render himself unfit 
                                              for service,</span></p> 
                                              <p> 
                                              <span> 
                                              shall be guilty of an offence and 
                                              on conviction, if he commits 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 
                                              imprisonment for life or to any 
                                              less punishment provided by this 
                                              Act and in any other case, shall 
                                              be liable to imprisonment for a 
                                              term not exceeding five years or 
                                              to any less punishment provided by 
                                              this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 35&#8212;Unnecessary Detention 
                                              of Person in Custody.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person subject to the Code 
                                              of Service Discipline who 
                                              unnecessarily detains any other 
                                              person subject thereto in arrest 
                                              or confinement without bringing 
                                              him to trial, or fails to bring 
                                              that other person's case before 
                                              the proper authority for 
                                              investigation, shall be guilty of 
                                              an offence and on conviction shall 
                                              be liable to imprisonment for less 
                                              than two years or to any less 
                                              punishment provided by this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 36&#8212;Negligent or Wilful 
                                              Interference with Lawful Custody.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person subject to the Code 
                                              of Service Discipline who&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) without authority sets free or 
                                              authorizes or otherwise 
                                              facilitates the setting free of 
                                              any person in custody,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) negligently or wilfully allows 
                                              to escape any person who is 
                                              committed to his charge, or whom 
                                              it is his duty to guard or keep in 
                                              custody, or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) assists any person in escaping 
                                              or in attempting to escape from 
                                              his custody,</span></p> 
                                              <p> 
                                              <span> 
                                              shall be guilty of an offence and 
                                              on conviction, shall be liable to 
                                              imprisonment for a term not 
                                              exceeding seven years or to any 
                                              less punishment provided by this 
                                              Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 37&#8212;Escape from Custody.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person subject to the Code 
                                              of Service Discipline who, being 
                                              in arrest or confinement or in 
                                              prison or otherwise in lawful 
                                              custody, escapes, shall be guilty 
                                              of an offence and on conviction 
                                              shall be liable to imprisonment 
                                              for less than two years or to any 
                                              less punishment provided by this 
                                              Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 38&#8212;Obstruction of Police 
                                              Duties, Etc.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person subject to the Code 
                                              of Service Discipline who&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) resists or wilfully obstructs 
                                              an officer or man in the 
                                              performance of any duty pertaining 
                                              to the arrest, custody or 
                                              confinement of any other person 
                                              subject to the Code of Service 
                                              Discipline; or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) when called upon, refuses or 
                                              neglects to assist an officer or 
                                              man in the performance of any such 
                                              duty,</span></p> 
                                              <p> 
                                              <span> 
                                              shall be guilty of an offence and 
                                              on conviction shall be liable to 
                                              imprisonment for less than two 
                                              years or to any less punishment 
                                              provided by this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 39&#8212;Obstruction of Civil 
                                              Power.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person subject to the Code 
                                              of Service Discipline who neglects 
                                              or refuses to deliver over an 
                                              officer or man to the civil power, 
                                              pursuant to a warrant in that 
                                              behalf, or to assist in the lawful 
                                              apprehension of an officer or man 
                                              accused of an offence punishable 
                                              by a civil court shall be guilty 
                                              of an offence and on conviction 
                                              shall be liable to imprisonment 
                                              for less than two years or to any 
                                              less punishment provided by this 
                                              Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 40&#8212;Offences in Relation to 
                                              Convoys.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every officer who, while serving 
                                              in one of the ships or vessels of 
                                              the Ghana Navy involved in the 
                                              convoying and protection of&nbsp; 
                                              another ship or vessel&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) fails to defend any ship, 
                                              vessel or goods under convoy,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) refuses to fight in the 
                                              defence of a ship or vessel in his 
                                              convoy when it is attacked, or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) cowardly abandons or exposes a 
                                              ship or vessel in his convoy to 
                                              hazards,</span></p> 
                                              <p> 
                                              <span> 
                                              shall be guilty of an offence and 
                                              on conviction shall be liable to 
                                              suffer death or to any less 
                                              punishment provided by this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 41&#8212;Losing, Stranding or 
                                              Hazarding Vessels.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person who wilfully or 
                                              negligently or through other 
                                              default loses, strands or hazards 
                                              or suffers to be lost, stranded or 
                                              hazarded any of the ships or other 
                                              vessels of the Armed Forces shall 
                                              be guilty of an offence and on 
                                              conviction shall be liable to 
                                              dismissal with disgrace from those 
                                              Forces or to any less punishment 
                                              provided by this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 42&#8212;Wrongful Acts in 
                                              Relation to Aircraft, Etc.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person who&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a)&nbsp; in the use of, or in relation 
                                              to, any aircraft or material, 
                                              wilfully or negligently or by 
                                              neglect of or contrary to 
                                              regulations, orders or 
                                              instructions, does any act or 
                                              omits to do anything, which act or 
                                              omission causes or is likely to 
                                              cause loss of life or bodily 
                                              injury to any person,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b)&nbsp; wilfully or negligently or by 
                                              neglect of or contrary to 
                                              regulations, orders or 
                                              instructions, does any act or 
                                              omits to do anything, which act or 
                                              omission results or is likely to 
                                              result in damage to or destruction 
                                              or loss of any aircraft or 
                                              aircraft material of the Armed 
                                              Forces or of forces co-operating 
                                              with that Force, or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (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 of the aircraft of the 
                                              Armed Forces, or of any forces 
                                              co-operating with that Force,
                                              </span></p> 
                                              <p> 
                                              <span> 
                                              shall be guilty of an offence and 
                                              on conviction, if he acted 
                                              wilfully, shall be liable to 
                                              imprisonment for life or to any 
                                              less punishment provided by this 
                                              Act, and in any other case shall 
                                              be liable to imprisonment for less 
                                              than two years or to any less 
                                              punishment provided by this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 43&#8212;Low Flying.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person subject to the Code 
                                              of Service Discipline who flies an 
                                              aircraft at a height less than the 
                                              prescribed minimum shall be guilty 
                                              of an offence and on conviction 
                                              shall be liable to imprisonment 
                                              for less than two years or to any 
                                              less punishment provided by this 
                                              Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 44&#8212;Inaccurate Certificate.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person who signs an 
                                              inaccurate certificate in relation 
                                              to an aircraft or aircraft 
                                              material, unless he proves that he 
                                              took reasonable steps to ensure 
                                              that it was accurate, shall be 
                                              guilty of an offence and on 
                                              conviction shall be liable to 
                                              imprisonment for less than two 
                                              years or to any less punishment 
                                              provided by this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 45&#8212;Disobedience of 
                                              Captain's Orders.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Every person subject to the 
                                              Code of Service of Discipline who, 
                                              when in an aircraft, disobeys any 
                                              lawful command given by the 
                                              captain of the aircraft in 
                                              relation to the flying or handling 
                                              of the aircraft or affecting the 
                                              safety of the aircraft, whether or 
                                              not the captain is subject to the 
                                              Code of Service Discipline, shall 
                                              be guilty of an offence and on 
                                              conviction shall be liable to 
                                              imprisonment for life or to any 
                                              less punishment provided by this 
                                              Act.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) For the purposes of this 
                                              section&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) every person whatever his rank 
                                              shall when he is in an aircraft be 
                                              under the command, as respects all 
                                              matters relating to the flying or 
                                              handling of the aircraft or 
                                              affecting the safety of the 
                                              aircraft, of the captain of the 
                                              aircraft, whether or not the 
                                              latter is subject to the Code of 
                                              Service Discipline; and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b)&nbsp; if the aircraft is a glider 
                                              and is being towed by another 
                                              aircraft, the captain of the 
                                              glider shall so long as his glider 
                                              is being towed be under the 
                                              command, as respects all matters 
                                              relating to the flying or handling 
                                              of the glider or affecting the 
                                              safety of the glider, of the 
                                              captain of the towing aircraft, 
                                              whether or not the latter is 
                                              subject to the Code of Service 
                                              Discipline.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 46&#8212;Disturbances, Etc. in 
                                              Billets.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person subject to the Code 
                                              of Service Discipline who&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) ill-treats, by violence, 
                                              extortion or making disturbances, 
                                              in billets or otherwise, any 
                                              occupant of a house in which he or 
                                              any other person is billeted or of 
                                              any premises in which 
                                              accommodation for material of the 
                                              Armed Forces has been provided, or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) fails to comply with 
                                              regulations made under this Act in 
                                              respect of the payment of the just 
                                              demands of the person on whom he 
                                              or any officer or man under his 
                                              command is or has been billeted or 
                                              the occupant of premises on which 
                                              such material is or has been 
                                              accommodated,</span></p> 
                                              <p> 
                                              <span> 
                                              shall be guilty of an offence and 
                                              on conviction shall be liable to 
                                              imprisonment for less than two 
                                              years or to any less punishment 
                                              provided by this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 47&#8212;Offences in Relation to 
                                              Documents.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person who&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) wilfully or negligently makes 
                                              a false statement or&nbsp; entry in a 
                                              document made or signed by him 
                                              that is required for the purposes 
                                              of this Act or any regulations 
                                              thereunder, or who, being aware of 
                                              the falsity of a statement or 
                                              entry in such a document, orders 
                                              the making or signing thereof;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) when signing a document 
                                              required for such purposes, leaves 
                                              blank any material part for which 
                                              his signature is a voucher; or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) with intent to injure any 
                                              person or with intent to deceive, 
                                              suppresses, defaces, alters or 
                                              makes away with any document or 
                                              file kept, made or issued for any 
                                              such purpose,</span></p> 
                                              <p> 
                                              <span> 
                                              shall be guilty of an offence and 
                                              on conviction shall be liable to 
                                              imprisonment for a term not 
                                              exceeding three years or to any 
                                              less punishment provided by this 
                                              Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 48&#8212;Conspiracy.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person who conspires with 
                                              any other person, whether or not 
                                              such other person is subject to 
                                              the Code of Service Discipline, to 
                                              commit an offence under the Code 
                                              of Service Discipline shall be 
                                              guilty of an offence and shall be 
                                              liable to imprisonment for a term 
                                              not exceeding seven years or to 
                                              any less punishment provided by 
                                              this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 49&#8212;Causing Fires.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person who wilfully or 
                                              negligently or by neglect of or 
                                              contrary to regulations made under 
                                              this Act, orders or instructions, 
                                              does any act or omits to do 
                                              anything, which act or omission 
                                              causes or is likely to cause fire 
                                              to occur in any material, defence 
                                              establishment or work for defence 
                                              shall be guilty of an offence and 
                                              on conviction, if he acted 
                                              wilfully, shall be liable to 
                                              imprisonment for life or to any 
                                              less punishment provided by this 
                                              Act, and in any other case shall 
                                              be liable to imprisonment for less 
                                              than two years or to any less 
                                              punishment provided by this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 50&#8212;Unauthorised Use of 
                                              Vehicles.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person who&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) uses a vehicle of the Armed 
                                              Forces for an unauthorised 
                                              purpose,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) without authority uses a 
                                              vehicle of such Forces for any 
                                              purpose, or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) uses a vehicle of such Forces 
                                              contrary to any regulation under 
                                              this Act, order or instruction,</span></p> 
                                              <p> 
                                              <span> 
                                              shall be guilty of an offence and 
                                              on conviction shall be liable to 
                                              imprisonment for less than two 
                                              years or to any less punishment 
                                              provided by this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 51&#8212;Destruction, Loss or 
                                              Improper Disposal.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person subject to the Code 
                                              of Service Discipline who&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) wilfully destroys or damages, 
                                              loses by neglect, improperly sells 
                                              or wastefully expends any public 
                                              property, non-public property or 
                                              property of any of the Armed 
                                              Forces, or of any forces 
                                              co-operating therewith, or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) sells, pawns, or otherwise 
                                              disposes of any cross, medal, 
                                              insignia or other decoration,</span></p> 
                                              <p> 
                                              <span> 
                                              shall be guilty of an offence and 
                                              on conviction shall be liable to 
                                              imprisonment for less than two 
                                              years or to any less punishment 
                                              provided by this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 52&#8212;Stealing, Etc.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Every person subject to the 
                                              Code of Service Discipline who&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) steals or fraudulently 
                                              misapplies any property, or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) receives any such property 
                                              knowing it to have been stolen or 
                                              fraudulently misapplied,</span></p> 
                                              <p> 
                                              <span> 
                                              shall be guilty of an offence and 
                                              on conviction shall be liable to 
                                              imprisonment for a term not 
                                              exceeding seven years or to any 
                                              less punishment provided by this 
                                              Act.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) In this section &quot; stealing &quot; 
                                              shall have the same meaning as in 
                                              the Criminal Code (Act 29).</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 53&#8212;False Accusation, Etc.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person subject to the Code 
                                              of Service Discipline who&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) makes false accusation against 
                                              any officer or man, knowing such 
                                              accusation to be false, or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) when seeking redress in a 
                                              matter in which he considers that 
                                              he has suffered any personal 
                                              oppression, injustice or other 
                                              ill-treatment or that he has any 
                                              other cause for grievance, 
                                              knowingly&nbsp; makes a false statement 
                                              affecting the character of an 
                                              officer or man which he knows to 
                                              be false or knowingly in respect 
                                              of the redress so sought, 
                                              suppresses any material facts,</span></p> 
                                              <p> 
                                              <span> 
                                              shall be guilty of an offence and 
                                              on conviction shall be liable to 
                                              imprisonment for less than two 
                                              years or to any less punishment 
                                              provided by this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 54&#8212;Conduct to the 
                                              Prejudice of Good Order and 
                                              Discipline.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Any act, conduct, disorder or 
                                              neglect to the prejudice of good 
                                              order and discipline shall be an 
                                              offence and every person convicted 
                                              thereof shall be liable to 
                                              dismissal with disgrace from the 
                                              Armed Forces or to any less 
                                              punishment provided by this Act.</span></p> 
                                              <p>&nbsp;</p> 
                                              <p> 
                                              <span> 
                                              (2) No person may be charged under 
                                              this section with any offence for 
                                              which special provision is made in 
                                              any other Part of this Act, but 
                                              the conviction of a person so 
                                              charged shall not be invalid by 
                                              reason only of the charge being in 
                                              contravention of this subsection 
                                              unless it appears that an 
                                              injustice has been done to the 
                                              person charged by reason of the 
                                              contravention; but the 
                                              responsibility of any officer for 
                                              that contravention is not affected 
                                              by the validity of the conviction.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) An act or omission 
                                              constituting an offence under 
                                              section 13, or a contravention by 
                                              any person of&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) any of the provisions of this 
                                              Act;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) any regulations, orders or 
                                              instructions published for the 
                                              general information and guidance 
                                              of the Armed Force to which that 
                                              person belongs, or to which he is 
                                              attached or seconded; or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) any general, garrison, unit, 
                                              station, standing, local or other 
                                              orders,</span></p> 
                                              <p> 
                                              <span> 
                                              shall be an act, conduct, disorder 
                                              or neglect to the prejudice of 
                                              good order and discipline.</span></p> 
                                              <p> 
                                              <span> 
                                              (4) An attempt to commit any of 
                                              the offences prescribed in any 
                                              other provision of this Act shall, 
                                              unless such attempt is in itself 
                                              an offence punishable under such 
                                              provision, be an act, conduct, 
                                              disorder or neglect to the 
                                              prejudice of good order and 
                                              discipline.</span></p> 
                                              <p> 
                                              <span> 
                                              (5) Nothing in subsection (3) or 
                                              (4) affects the generality of 
                                              subsection (1).</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 55&#8212;Miscellaneous Offences.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person subject to the Code 
                                              of Service Discipline who&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) connives at the exaction of an 
                                              exorbitant price for property 
                                              purchased or rented by a person 
                                              supplying property or services to 
                                              the Armed Forces,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) improperly demands or accepts 
                                              compensation, consideration or 
                                              personal advantage in respect of 
                                              the performance of any military 
                                              duty or in respect of any matter 
                                              relating to the Armed Forces,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) receives directly or 
                                              indirectly, whether personally or 
                                              by or through any member of his 
                                              family or person under his 
                                              control, or for his benefit, any 
                                              gift, loan, promise, compensation 
                                              or consideration, either in money 
                                              or otherwise, from any person, for 
                                              assisting or favouring any person 
                                              in the transaction of any business 
                                              relating to any of the Armed 
                                              Forces, or to any forces 
                                              co-operating therewith or to any 
                                              mess, institute or canteen 
                                              operated for the use and benefit 
                                              of members of such forces,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) demands or accepts 
                                              compensation, consideration or 
                                              personal advantage for convoying a 
                                              vessel entrusted to his care,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (e) being in command of a vessel 
                                              or aircraft, takes or receives on 
                                              board goods or merchandise that he 
                                              is not authorised to take or 
                                              receive on board, or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (f) commits any act of a 
                                              fraudulent nature not expressly 
                                              specified in the Code of Service 
                                              Discipline,</span></p> 
                                              <p> 
                                              <span> 
                                              shall be guilty of an offence and 
                                              on conviction shall be liable to 
                                              imprisonment for less than two 
                                              years or to any less punishment 
                                              provided by this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 56&#8212;Conviction for Related 
                                              or Less Serious Offences.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) A person charged with 
                                              desertion may be found guilty of 
                                              attempting to desert or of being 
                                              absent without leave.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) A person charged with 
                                              attempting to desert may be found 
                                              guilty of being absent without 
                                              leave.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) A person charged with any one 
                                              of the offences specified in 
                                              section 23, may be found guilty of 
                                              any other offence specified in 
                                              that section.</span></p> 
                                              <p> 
                                              <span> 
                                              (4) A person charged with any of 
                                              the offences specified in section 
                                              24, may be found guilty of any 
                                              other offence specified in that 
                                              section.</span></p> 
                                              <p> 
                                              <span> 
                                              (5) A person charged with a 
                                              service offence may, on failure of 
                                              proof of an offence having been 
                                              committed under circumstances 
                                              involving a higher punishment, be 
                                              found guilty of the same offence 
                                              as having been committed under 
                                              circumstances involving a lower 
                                              punishment.</span></p> 
                                              <p> 
                                              <span> 
                                              (6) Where a person is charged with 
                                              an offence under section 77 and 
                                              the charge is one upon which, if 
                                              he had been tried by a civil court 
                                              in Ghana for that offence, he 
                                              might have been found guilty of 
                                              any other offence, he may be found 
                                              guilty of that other offence.</span></p> 
                                              <p> 
                                              <span> 
                                              PART III&#8212;TRIAL AND PUNISHMENT OF 
                                              SERVICE OFFENCES</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 57&#8212;Arrest Generally.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Every person who has 
                                              committed, is found committing, is 
                                              suspected of being about to 
                                              commit, or is suspected of or 
                                              charged under this Act with having 
                                              committed a service offence, may 
                                              be placed under arrest.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Every person authorised to 
                                              effect arrest under this Act or 
                                              under regulations made thereunder 
                                              may use such force as is 
                                              reasonably necessary for that 
                                              purpose.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 58&#8212;Powers of Officers and 
                                              Men Relating to Arrest.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) An officer may, without a 
                                              warrant, in the circumstances 
                                              mentioned in section 57 arrest or 
                                              order the arrest of &#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) any man; </span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) any officer of equal or lower 
                                              rank; and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) any officer of higher rank who 
                                              is engaged in a quarrel or fray or 
                                              in any disorder.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) A man may, without a warrant, 
                                              in the circumstances mentioned in 
                                              section 57, arrest or order the 
                                              arrest of&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) any man of lower rank; and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) any man of equal or higher 
                                              rank who is engaged in a quarrel 
                                              or fray or in any disorder.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) An order given under 
                                              subsection (1) or subsection (2) 
                                              shall be obeyed although the 
                                              person giving the order and the 
                                              person to whom and the person in 
                                              respect of whom the order is given 
                                              do not belong to the same Force, 
                                              unit or other element of the Armed 
                                              Forces.</span></p> 
                                              <p> 
                                              <span> 
                                              (4) Every person who is not an 
                                              officer or man, but who was 
                                              subject to the Code of Service 
                                              Discipline at the time of the 
                                              alleged commission by him of a 
                                              service offence, may without a 
                                              warrant be arrested or ordered to 
                                              be arrested by such person as any 
                                              commanding officer may designate 
                                              for that purpose.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 59&#8212;Appointment and Powers 
                                              of Specially Appointed Personnel.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Such officers and men as are 
                                              appointed under regulations for 
                                              the purposes of this section may&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) detain or arrest without a 
                                              warrant any person who is subject 
                                              to the Code of Service Discipline, 
                                              regardless of the rank or status 
                                              of that person, who has committed, 
                                              is found committing, is suspected 
                                              of being about to commit, or is 
                                              suspected of or charged under this 
                                              Act with having committed a 
                                              service offence; and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) exercise such other powers for 
                                              carrying out the Code of Service 
                                              Discipline as may be prescribed.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 60&#8212;Disposal of Person 
                                              Arrested.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) A person arrested under this 
                                              Part may forthwith on his 
                                              apprehension be placed in civil 
                                              custody or service custody or be 
                                              taken to the unit or formation 
                                              with which he is serving or to any 
                                              other unit or formation of the 
                                              Armed Forces, and such force as is 
                                              reasonably necessary for the 
                                              purposes of this section may be 
                                              used.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) An officer or man commanding a 
                                              guard, guardroom or safeguard or 
                                              an officer&nbsp; or man appointed under 
                                              section 59 shall receive and keep 
                                              a person who is under arrest 
                                              pursuant to this Act and who is 
                                              committed to his custody, but it 
                                              shall be the duty of the officer, 
                                              man or other person who commits a 
                                              person into custody to deliver at 
                                              the time of such committal, or as 
                                              soon as practical and in any case 
                                              within twenty-four hours 
                                              thereafter, to the officer or man 
                                              into whose custody that person is 
                                              committed, an account in writing, 
                                              signed by himself, in which is 
                                              stated the reason why the person 
                                              so committed is to be held in 
                                              custody.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) An officer or man who, 
                                              pursuant to subsection (2), 
                                              receives a person committed to his 
                                              custody shall, as soon as 
                                              practical and in any case within 
                                              twenty-four hours thereafter, give 
                                              in writing to the officer or man 
                                              to whom it is his duty to report, 
                                              the name of that person and an 
                                              account of the offence alleged to 
                                              have been committed by that person 
                                              so far as is known and the name 
                                              and rank of the officer, man or 
                                              other person by whom the person so 
                                              committed was placed in custody, 
                                              accompanied by any account in 
                                              writing which has been submitted 
                                              pursuant to subsection (2).</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 61&#8212;Report of Delay of 
                                              Trial, Etc.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Where a person triable under 
                                              the Code of Service&nbsp; Discipline 
                                              has been placed under arrest for a 
                                              service offence and remains in 
                                              custody for eight days without a 
                                              summary trial having been held or 
                                              a court martial for his trial 
                                              having been ordered to assemble, a 
                                              report stating the necessity for 
                                              further delay shall be made by his 
                                              commanding officer to the 
                                              authority who is empowered to 
                                              convene a court-martial for the 
                                              trial of that person, and a 
                                              similar report shall be forwarded 
                                              in the same manner every eighth 
                                              day until a summary trial has been 
                                              held or a court-martial has been 
                                              ordered to assemble.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Every person held in custody 
                                              in the circumstances mentioned in 
                                              subsection (1) who has been 
                                              continuously so held for a period 
                                              of twenty-eight days without 
                                              summary trial having been held or 
                                              a court-martial having been 
                                              ordered to assemble, shall at the 
                                              expiration of that period be 
                                              entitled to send to the President, 
                                              or to such other authority as the 
                                              President may appoint in writing 
                                              for that purpose, a petition to be 
                                              freed from custody or for the 
                                              disposal of the case and in any 
                                              event that person shall be so 
                                              freed when a period of ninety days 
                                              continuous custody from the time 
                                              of his arrest has expired, unless 
                                              a summary trial has been held or a 
                                              court-martial has been ordered to 
                                              assemble.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) A person who has been freed 
                                              from custody pursuant to 
                                              subsection (2) shall not be 
                                              subject to re-arrest for the 
                                              offence with which he was 
                                              originally charged, except on the 
                                              written order of an authority 
                                              having power to convene a 
                                              court-martial for his trial.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 62&#8212;Alleged Charge to be 
                                              Reported to a Disciplinary Board.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Before an allegation against a 
                                              person that he has committed a 
                                              service offence is proceeded with 
                                              the allegation shall be reported 
                                              in the form of a charge to a 
                                              Disciplinary Board to be appointed 
                                              by the Commanding Officer.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Where the Disciplinary Board 
                                              is satisfied that the charge 
                                              should not be proceeded with, it 
                                              shall dismiss the charge; 
                                              otherwise the charge shall be 
                                              proceeded with under this Act as 
                                              expeditiously as the circumstances 
                                              may permit.[As substituted by the 
                                              Armed Forces (Amendment) Law, 1983 
                                              (PNDCL 63), s.1]</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 63&#8212;Summary Trials of 
                                              Subordinate Officers or Men Below 
                                              the Rank of Warrant Officer.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Subject to the provisions of 
                                              this section a subordinate officer 
                                              or man below the rank of Warrant 
                                              Officer may be tried by summary 
                                              trial by a Disciplinary Board 
                                              consisting of the Commanding 
                                              Officer as the Chairman or an 
                                              officer not below the rank of Army 
                                              Captain or its equivalent 
                                              appointed by him as the Chairman 
                                              and one officer and three men.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) A Disciplinary Board may try 
                                              an accused person by summary trial 
                                              if all of the following conditions 
                                              are satisfied:</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) the accused person is either a 
                                              subordinate officer or a man below 
                                              the rank of Warrant Officer;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) having regard to the gravity 
                                              of the offence, the Disciplinary 
                                              Board considers that its power of 
                                              punishment are adequate;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) the Disciplinary Board is not 
                                              precluded from trying the accused 
                                              person by reason of his election, 
                                              under regulations made under this 
                                              Act, to be tried by the court 
                                              martial; and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) the offence is not one that 
                                              under such regulations the 
                                              Disciplinary Board is precluded 
                                              from trying.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) Except as otherwise expressly 
                                              provided in this Act, a 
                                              Disciplinary Board at a summary 
                                              trial may pass a sentence in which 
                                              any one or more of the following 
                                              punishments may be included:</span></p> 
                                              <p style="text-align: justify; text-indent: 36.0pt"> 
                                              <span> 
                                              (a) detention for a period not 
                                              exceeding ninety days subject to 
                                              the following provisions:</span></p> 
                                              <p style="text-align: justify; margin-left: 72.0pt"> 
                                              <span>(i) 
                                              a punishment of detention imposed 
                                              by a Disciplinary Board upon a 
                                              petty officer, non-commissioned 
                                              officer or leading rating shall 
                                              not be carried into effect until 
                                              approved by an approving authority 
                                              and only to the extent so 
                                              approved, and</span></p> 
                                              <p style="text-align: justify; margin-left: 72.0pt"> 
                                              <span> 
                                              (ii) where a Disciplinary Board 
                                              imposes more than thirty days' 
                                              detention, the portion in excess 
                                              of thirty days shall be effective 
                                              only if approved by, and to the 
                                              extent approved by, an approving 
                                              authority;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) reduction in rank, but a 
                                              punishment of reduction in rank 
                                              imposed by a Disciplinary Board 
                                              shall be effective if approved by, 
                                              and to the extent approved by, an 
                                              approving authority;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) forfeiture of seniority;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) severe reprimand;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (e) reprimand;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (f) a fine not exceeding basic pay 
                                              for one month;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (g) stoppages; and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (h) such minor punishments as may 
                                              be prescribed.</span></p> 
                                              <p> 
                                              <span> 
                                              (4) Each of the punishments 
                                              specified in subsection (3) of 
                                              this section shall be deemed to be 
                                              a punishment less than every 
                                              punishment preceding it in the 
                                              order specified.</span></p> 
                                              <p> 
                                              <span> 
                                              (5) In subsection (3) of this 
                                              section &quot;approving&quot; authority 
                                              means:</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) any officer not below the rank 
                                              of Commodore, Brigadier or Air 
                                              Commodore; or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) any officer not below the 
                                              naval rank of Captain or below the 
                                              rank of Colonel or Group Captain 
                                              designated by the Provisional 
                                              National Defence Council or any 
                                              person authorised in that behalf 
                                              by the Council as an approving 
                                              authority for the purposes of this 
                                              subsection.</span></p> 
                                              <p> 
                                              <span> 
                                              (6) Where the Chairman of a 
                                              Disciplinary Board is an officer 
                                              other than a Commanding Officer 
                                              such Disciplinary Board shall not 
                                              impose punishments other than the 
                                              following:</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) detention not exceeding 
                                              fourteen days;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) severe reprimand;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) reprimand;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) a fine not exceeding basic pay 
                                              for fourteen days; and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (e) such other minor punishments 
                                              as may be prescribed.</span></p> 
                                              <p> 
                                              <span> 
                                              (7) Where a Disciplinary Board 
                                              tries an accused person by summary 
                                              trial, the evidence shall be taken 
                                              on oath if the Board so directs or 
                                              the accused person so requests, 
                                              and the Board shall inform the 
                                              accused person of his right so to 
                                              request.</span></p> 
                                              <p> 
                                              <span> 
                                              (8) Such punishments as are 
                                              specified in regulations to 
                                              require approval before they may 
                                              be imposed by a Disciplinary 
                                              Board, shall not be so imposed 
                                              until approval has been 
                                              obtained.[As substituted by the 
                                              Armed Forces (Amendment) Law, 1983 
                                              (PNDCL 63), s.2]</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 64&#8212;Summary Trials of 
                                              Officers Below the Rank of 
                                              Commander, Lieutenant-Colonel, 
                                              Wing Commander or Warrant Officer.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) An officer below the rank of 
                                              Commander, Lieutenant-Colonel, or 
                                              Wing Commander, or a Warrant 
                                              Officer, charged with a service 
                                              offence may be tried by summary 
                                              trial by a Disciplinary Board 
                                              consisting of the superior 
                                              Commander as the Chairman and two 
                                              other officers; except that where 
                                              the accused person is a Warrant 
                                              Officer the Board shall consist of 
                                              the superior Commander as Chairman 
                                              and two Warrant Officers.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) A Disciplinary Board may on 
                                              hearing or without hearing the 
                                              evidence dismiss a charge, if it 
                                              considers that it should not be 
                                              proceeded with; otherwise the 
                                              charge shall be proceeded with as 
                                              expeditiously as the circumstances 
                                              may permit.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) Except as otherwise provided 
                                              in this Act, a Disciplinary Board 
                                              at a summary trial may pass a 
                                              sentence in which any one or more 
                                              of the following punishments may 
                                              be included;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) forfeiture of seniority:</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) severe reprimand;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) reprimand; and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) fine.</span></p> 
                                              <p> 
                                              <span> 
                                              (4) A Disciplinary Board shall not 
                                              try an accused person who by 
                                              reason of an election under 
                                              regulations is entitled to be 
                                              tried by court martial.</span></p> 
                                              <p> 
                                              <span> 
                                              (5) The evidence of an accused 
                                              person tried by summary trial 
                                              under this section shall be taken 
                                              on oath if the Disciplinary Board 
                                              so directs or the accused person 
                                              so requests and the Board shall 
                                              inform the accused person of his 
                                              right so to request.[As 
                                              substituted by the Armed Forces 
                                              (Amendment) Law, 1983 (PNDCL 63), 
                                              s.3]</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 64A&#8212;Decisions of 
                                              Disciplinary Board to be by 
                                              Majority.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Notwithstanding the provisions of 
                                              any enactment the decision of a 
                                              Disciplinary Board referred to in 
                                              sections 63 and 64 of this Act 
                                              shall be by a majority of the 
                                              members of the Board.[Inserted and 
                                              to be cited&nbsp; as Armed Forces 
                                              (Amendment) Law, 1983 (PNDCL 63), 
                                              s.10]</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 64B&#8212;Modification of the 
                                              Armed Forces Regulations, 1970 (CI 
                                              12) (Vol. II).</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) The provisions of chapters 108 
                                              and 110 and sections 3 and 4 of 
                                              chapter 111 of the Armed Forces 
                                              (Discipline) Regulations, 1970 (CI 
                                              12) (Volume II) relating to 
                                              summary trials by Commanding 
                                              Officers, summary trials by 
                                              superior Commanders, General Court 
                                              Martial and Disciplinary Court 
                                              Martial respectively shall apply 
                                              with such modifications as may be 
                                              necessary to give effect to the 
                                              provisions of this Law.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Notwithstanding the provisions 
                                              of any enactment any reference in 
                                              chapter 108 of the said Armed 
                                              Forces (Discipline) Regulations, 
                                              1970 (CI 12):</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) to a trial by a Commanding 
                                              Officer shall be deemed to be a 
                                              reference to trial by a 
                                              Disciplinary Board of which the 
                                              Commanding Officer is the Chairman 
                                              or to a trial by delegated officer 
                                              shall be deemed to be reference to 
                                              a trial by a Disciplinary Board of 
                                              which the Chairman is an officer 
                                              not below the rank of Army Captain 
                                              or its equivalent appointed by the 
                                              Commanding Officer;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) to a &quot;Commanding Officer&quot; 
                                              shall be deemed to be reference to 
                                              a Disciplinary Board of which the 
                                              Commanding Officer is the Chairman 
                                              or to a &quot;delegated Officer&quot; shall 
                                              be deemed to be reference to a 
                                              Disciplinary Board of which the 
                                              Chairman is an officer not below 
                                              the rank of Army Captain or its 
                                              equivalent appointed by the 
                                              Commanding Officer. [Inserted and 
                                              to be cited as the Armed Forces 
                                              (Amendment) Law, 1986 (PNDCL 63), 
                                              s.11]</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 65&#8212;Convening Authorities.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) The Council or such other 
                                              authorities as may be authorised 
                                              in that behalf by the Council may 
                                              convene general court martial and 
                                              disciplinary court martial.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Any authority convening a 
                                              court martial under subsection (1) 
                                              of this section may appoint as 
                                              members of the court martial 
                                              officers of the Army of Ghana, 
                                              Navy of Ghana, or Air Force of 
                                              Ghana or officers of any Navy, 
                                              Army or Air Force who are 
                                              attached, seconded or loaned to 
                                              the Armed Forces, and two men 
                                              where the accused person is a 
                                              man.[As substituted by the Armed 
                                              Forces (Amendment) Law, 1983 (PNDCL 
                                              63), s.4]</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 66&#8212;Number of Members of 
                                              General Court Martial, Etc.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1)&nbsp; A general court martial shall 
                                              consist of not less than five 
                                              officers and not more than such 
                                              number of officers as may be 
                                              prescribed, except that where the 
                                              accused person is a man a general 
                                              court martial shall include two 
                                              men.[As substituted by the Armed 
                                              Forces (Amendment) Law, 1983 (PNDCL 
                                              63), s.5]</span></p> 
                                              <p> 
                                              <span> 
                                              (2) The president of a court 
                                              martial shall not be below the 
                                              rank of a Major or the equivalent 
                                              in the Ghana Navy.[As substituted 
                                              by the Armed Forces Act, 1962 
                                              (Amendment) Decree, 1973 (NRCD 
                                              222)]</span></p> 
                                              <p> 
                                              <span> 
                                              (3) Where the accused person is of 
                                              or above the rank of commodore, 
                                              brigadier or air commodore, the 
                                              president of a general 
                                              court-martial shall be an officer 
                                              of or above the rank of the 
                                              accused person, and the other 
                                              members of the court-martial shall 
                                              be of or above the naval rank of 
                                              captain or of or above the rank of 
                                              colonel or group captain.</span></p> 
                                              <p> 
                                              <span> 
                                              (4) Where the accused person is of 
                                              the naval rank of captain or of 
                                              the rank of colonel or group 
                                              captain, all of the members of a 
                                              general court-martial, other than 
                                              the president, shall be of or 
                                              above the rank of commander, 
                                              lieutenant-colonel or wing 
                                              commander.</span></p> 
                                              <p> 
                                              <span> 
                                              (5) Where the accused person is a 
                                              commander, lieutenant-colonel or 
                                              wing commander, at least two of 
                                              the members of a general 
                                              court-martial, exclusive of the 
                                              president, shall be of or above 
                                              the rank of the accused person.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 67&#8212;Jurisdiction of General 
                                              Court-Martial.</span></b></p> 
                                              <p> 
                                              <span>A 
                                              general court-martial may try any 
                                              person subject to the Code of 
                                              Service Discipline who is alleged 
                                              to have committed a service 
                                              offence.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 68&#8212;Judge Advocate.</span></b></p> 
                                              <p> 
                                              <span> 
                                              The Chief Justice shall appoint a 
                                              person to officiate as judge 
                                              advocate at a general 
                                              court-martial.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 69&#8212;Ineligibility to Serve 
                                              on General Court Martial.</span></b></p> 
                                              <p> 
                                              <span> 
                                              None of the following persons 
                                              shall sit as a member of a general 
                                              court martial:</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) the officer who convened the 
                                              court martial;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) the prosecutor;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) a witness for the prosecution;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) the Commanding Officer of the 
                                              accused person;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (e) a provost officer;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (f) an officer or man who is under 
                                              the age of twenty-one years;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (g) an officer below the Navy rank 
                                              of Naval Lieutenant, the Army rank 
                                              of Captain or Air Force rank of 
                                              Flight-Lieutenant or in the case 
                                              of a man, a man below the rank of 
                                              the accused person; or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (h) any person who prior to the 
                                              court martial participated in any 
                                              investigation in respect of the 
                                              matters upon which a charge 
                                              against the accused person is 
                                              founded.[As substituted by the 
                                              Armed Forces (Amendment) Law, 1983 
                                              (PNDCL 63), s.6]</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 70&#8212;Number of Members of 
                                              Disciplinary Court Martial.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1)&nbsp; A disciplinary court martial 
                                              shall consist of not less than 
                                              three officers and not more than 
                                              such number of officers as may be 
                                              prescribed, except that where the 
                                              accused person is a man a 
                                              disciplinary court shall include 
                                              two men.[As substituted by the 
                                              Armed Forces (Amendment) Law, 1983 
                                              (PNDCL 63), s.7]</span></p> 
                                              <p> 
                                              <span> 
                                              (2) The president of a 
                                              disciplinary court-martial shall 
                                              be appointed by the authority 
                                              convening the disciplinary 
                                              court-martial or by an officer 
                                              empowered by that authority to 
                                              appoint such president.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) The president of a 
                                              disciplinary court-martial shall 
                                              be an officer of or above the rank 
                                              of lieutenant-commander, major or 
                                              squadron-leader or of or above 
                                              such higher rank as may be 
                                              prescribed.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 71&#8212;Jurisdiction of 
                                              Disciplinary Court-Martial.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Subject to any limitation 
                                              prescribed in regulations made 
                                              under this Act, a disciplinary 
                                              court-martial may try any person 
                                              subject to the Code of Service 
                                              Discipline who is alleged to have 
                                              committed a service offence.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 72&#8212;Punishment by 
                                              Disciplinary Court-Martial.</span></b></p> 
                                              <p> 
                                              <span>A 
                                              disciplinary court-martial shall 
                                              not pass a sentence including a 
                                              punishment higher in the scale of 
                                              punishments than dismissal with 
                                              disgrace from the Armed Forces, or 
                                              higher than such other punishments 
                                              as may be prescribed; but no such 
                                              other punishment shall be higher 
                                              in the scale of punishments than 
                                              dismissal with disgrace from those 
                                              Forces.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 73&#8212;Judge Advocate of 
                                              Disciplinary Court-Martial.</span></b></p> 
                                              <p> 
                                              <span> 
                                              The Chief Justice may appoint a 
                                              person to officiate as judge 
                                              advocate at a disciplinary 
                                              court-martial.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 73A&#8212;Judge 
                                              Advocate-General.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Notwithstanding anything in 
                                              sections 68 and 73 of this Act, 
                                              the Commander-in-Chief may, after 
                                              consultation with the Chief 
                                              Justice, appoint a person to be 
                                              known as the Judge 
                                              Advocate-General of the Armed 
                                              Forces to officiate generally at 
                                              courts martial as a judge advocate 
                                              and to perform such other 
                                              functions as the 
                                              Commander-in-Chief may from time 
                                              to time assign to him.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) The conditions of service of 
                                              the Judge Advocate-General shall, 
                                              so far as practicable, be the same 
                                              as those applicable to judges of 
                                              the High Court or of the Court of 
                                              Appeal so however that the 
                                              remuneration of the Judge 
                                              Advocate-General shall be paid out 
                                              of the funds of the Armed 
                                              Forces.[As substituted by the 
                                              Armed Forces (Amendment) Decree, 
                                              1972 (NRCD 45), s.4]</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 74&#8212;Ineligibility to Serve 
                                              on Disciplinary Court Martial.</span></b></p> 
                                              <p> 
                                              <span> 
                                              None of the following persons 
                                              shall sit as a member of a 
                                              disciplinary court martial:</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) the officer who convened the 
                                              court martial;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) the prosecutor;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) a witness for the prosecution;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) the commanding officer of the 
                                              accused person;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (e) a provost officer;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (f) an officer or man who is under 
                                              the age of twenty-one years;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (g) a man below the rank of the 
                                              accused person where the accused 
                                              is a man;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (h) any person who prior to the 
                                              court martial participated in any 
                                              investigation in respect of the 
                                              matters upon which a charge 
                                              against the accused person is 
                                              founded.[As substituted by the 
                                              Armed Forces (Amendment) Law, 1983 
                                              (PNDCL 63), s.8]</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 75&#8212;Principles of Civil 
                                              Court to be Observed Generally.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Save as otherwise expressly 
                                              provided in this Act and any 
                                              regulations made thereunder, the 
                                              rules of evidence and procedure to 
                                              be observed in proceedings before 
                                              a service tribunal shall as far as 
                                              is practicable be the same as 
                                              those observed in proceedings 
                                              before a civil court.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 76&#8212;Offences in Respect of 
                                              Service Tribunals.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) For the purposes of this 
                                              section, &quot;service tribunal&quot;, in 
                                              addition to the authorities 
                                              mentioned in the definition of 
                                              that expression in section 98, 
                                              includes a Court-Martial Appeal 
                                              Court and Board of Inquiry.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Every person who&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) being duly summoned or ordered 
                                              to attend as a witness before a 
                                              service tribunal, makes default in 
                                              attending,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) refuses to take an oath or 
                                              make a solemn affirmation lawfully 
                                              required by a service tribunal to 
                                              be taken or made,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) refuses to produce any 
                                              document in his power or control 
                                              lawfully required by a service 
                                              tribunal to be produced by him,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) refuses when a witness to 
                                              answer any question to which a 
                                              service tribunal may lawfully 
                                              require an answer,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (e) uses insulting or threatening 
                                              language before or causes any 
                                              interruption or disturbance in the 
                                              proceedings of a service tribunal, 
                                              or </span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (f) commits or omits to perform, 
                                              any act before a service tribunal 
                                              which act or omission if done or 
                                              made before a civil court would 
                                              constitute a contempt of that 
                                              Court,</span></p> 
                                              <p> 
                                              <span> 
                                              shall be guilty of an offence and 
                                              on conviction shall be liable to 
                                              imprisonment for less than two 
                                              years or to any less punishment 
                                              provided by this Act; and where an 
                                              offence under this section is 
                                              committed at or in relation to a 
                                              court-martial, that court-martial 
                                              may, under the hand of its 
                                              president, issue an order that the 
                                              offender undergo, for a period not 
                                              exceeding thirty days, a term of 
                                              imprisonment or detention; and 
                                              where any such order is issued the 
                                              offender shall not be liable to 
                                              any other proceedings under the 
                                              Code of Service Discipline in 
                                              respect of the contempt in 
                                              consequence of which the order is 
                                              issued.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 77&#8212;Service Trial of Civil 
                                              Offences.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) An act or omission&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) that takes place in Ghana and 
                                              is punishable by a civil court or 
                                              under any other enactment, or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) that takes place out of Ghana 
                                              and would, if it had taken place 
                                              in Ghana, be punishable by such 
                                              court or under any other 
                                              enactment,</span></p> 
                                              <p> 
                                              <span> 
                                              shall be an offence and every 
                                              person convicted thereof shall be 
                                              liable to suffer punishment as 
                                              provided in subsection (2).</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Subject to subsection (3), 
                                              where a service tribunal convicts 
                                              a person under subsection (1), the 
                                              service tribunal shall&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) if under any other enactment a 
                                              minimum penalty is prescribed, 
                                              impose a penalty in accordance 
                                              with the enactment prescribing 
                                              that minimum penalty; or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) in any other case,</span></p> 
                                              <p style="text-align: justify; margin-left: 72.0pt"> 
                                              <span>(i) 
                                              impose the penalty prescribed for 
                                              the offence by that other 
                                              enactment, or</span></p> 
                                              <p style="text-align: justify; margin-left: 72.0pt"> 
                                              <span> 
                                              (ii) impose dismissal with 
                                              disgrace from the Armed Forces or 
                                              any less punishment provided by 
                                              this Act.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) All provisions of the Code of 
                                              Service Discipline in respect of a 
                                              punishment of death, imprisonment 
                                              for two years or more, 
                                              imprisonment for less than two 
                                              years, and a fine, apply in 
                                              respect of penalties imposed under 
                                              paragraph (a), or subparagraph (i) 
                                              of paragraph (b), of subsection 
                                              (2).</span></p> 
                                              <p> 
                                              <span> 
                                              (4) Nothing in this section is in 
                                              derogation of the authority 
                                              conferred by other sections of the 
                                              Code of Service Discipline to 
                                              charge, deal with and try a person 
                                              alleged to have committed any 
                                              offence set out in any other 
                                              provision of this Act and to 
                                              impose the punishment for that 
                                              offence mentioned in the section 
                                              prescribing that offence.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 78&#8212;Scale of Punishments.</span></b></p> 
                                              <p> 
                                              <span> 
                                              The following punishments may be 
                                              imposed in respect of service 
                                              offences:&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) death;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) imprisonment for two years or 
                                              more;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) dismissal with disgrace from 
                                              the Armed Forces;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) imprisonment for less than two 
                                              years;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (e) dismissal from the Armed 
                                              Forces;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (f) detention;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (g) reduction in rank or in the 
                                              case of the navy, disrating;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (h) forfeiture of seniority;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span>(i) 
                                              in the case of the navy, dismissal 
                                              of an officer from the ship to 
                                              which he belongs; </span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (j) severe reprimand;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (k) reprimand;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (1) fine;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (m) stoppages; and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (n) such other minor punishments 
                                              as may be prescribed.</span></p> 
                                              <p> 
                                              <span> 
                                              Each of the above punishments 
                                              shall be deemed to be a punishment 
                                              less than every punishment 
                                              preceding it in the above scale, 
                                              such scale in this Act, being 
                                              referred to as the &quot; scale of 
                                              punishments &quot;.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Notwithstanding anything to 
                                              the contrary in subsection (1), 
                                              the following punishments shall be 
                                              the punishments that may be 
                                              imposed on boys:&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) dismissal from the army by his 
                                              commanding officer, subject to the 
                                              confirmation of the prescribed 
                                              authority;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) fine, not exceeding ten 
                                              shillings imposed by his 
                                              commanding officer, or not 
                                              exceeding five shillings, imposed 
                                              by the officer commanding Junior 
                                              Leaders Company;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) detention, not exceeding 
                                              twenty-one days, imposed by his 
                                              commanding officer;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) where the offence has caused 
                                              expense, loss or damage, stoppages 
                                              not exceeding one-half of his pay, 
                                              calculated at a daily rate, for 
                                              thirty days;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (e) confinement to barracks for a 
                                              period not exceeding fourteen 
                                              days, imposed by his commanding 
                                              officer;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (f) extra drills or classes for 
                                              offences committed during drills 
                                              or classes;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (g) six strokes of the cane under 
                                              supervision of an officer;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (h) admonishment; and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span>(i) 
                                              such other punishments as may be 
                                              prescribed.</span></p> 
                                              <p> 
                                              <span> 
                                              In addition to any punishment 
                                              referred to in the preceding 
                                              paragraphs, the following 
                                              punishments may be imposed on a 
                                              boy non-commissioned officer:&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span>(i) 
                                              reduction or deprivation of rank 
                                              by his commanding officer; and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (ii) reprimand or severe 
                                              reprimand.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) Where a punishment is 
                                              specified by the Code of Service 
                                              Discipline as a penalty for an 
                                              offence, and it is further 
                                              provided in the alternative that 
                                              on conviction the offender is 
                                              liable to less punishment, the 
                                              expression &quot;less punishment&quot; means 
                                              any one or more of the punishments 
                                              lower in the scale of punishments 
                                              than the specified punishment.</span></p> 
                                              <p> 
                                              <span> 
                                              (4) The punishment of imprisonment 
                                              for two years or more or 
                                              imprisonment for less than two 
                                              years shall be subject to the 
                                              following conditions&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) every person who, on 
                                              conviction of a service offence is 
                                              liable to imprisonment for life or 
                                              for a term of years or other term, 
                                              may be sentenced to imprisonment 
                                              for a shorter term;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) a sentence that includes a 
                                              punishment of imprisonment for two 
                                              years or more imposed upon an 
                                              officer shall be deemed to include 
                                              a punishment of dismissal with 
                                              disgrace from the Armed Forces, 
                                              whether or not the last-mentioned 
                                              punishment is specified in the 
                                              sentence passed by the service 
                                              tribunal;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) a sentence that includes a 
                                              punishment of imprisonment for 
                                              less than two years imposed upon 
                                              an officer shall be deemed to 
                                              include a punishment of dismissal 
                                              from the Armed Forces, whether or 
                                              not the last-mentioned punishment 
                                              is specified in the sentence 
                                              passed by the service tribunal;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) where a service tribunal 
                                              imposes a punishment of 
                                              imprisonment for two years or more 
                                              upon a man, the service tribunal 
                                              may in addition, notwithstanding 
                                              any other provision of this Part, 
                                              impose a punishment of dismissal 
                                              with disgrace from the Armed 
                                              Forces;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (e) where a service tribunal 
                                              imposes a punishment of 
                                              imprisonment for less than two 
                                              years upon a man, the service 
                                              tribunal may in addition, 
                                              notwithstanding any other 
                                              provision of this Part, impose a 
                                              punishment of dismissal from the 
                                              Armed Forces;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (f) in the case of a chief petty 
                                              officer, petty officer or leading 
                                              rating in the Navy of Ghana or a 
                                              warrant officer or 
                                              non-commissioned officer in the 
                                              Army of Ghana or the Air Force of 
                                              Ghana, a sentence that includes a 
                                              punishment of imprisonment for two 
                                              years or more or imprisonment for 
                                              less than two years shall be 
                                              deemed to include a punishment of 
                                              reduction in rank to the lowest 
                                              rank to which under regulations he 
                                              can be reduced, whether or not the 
                                              last-mentioned&nbsp; punishment is 
                                              specified in the sentence passed 
                                              by the service tribunal; and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (g) a punishment of imprisonment 
                                              for two years or more or 
                                              imprisonment for less than two 
                                              years shall be deemed to be a 
                                              punishment of imprisonment with 
                                              hard labour, but in the case of a 
                                              punishment of imprisonment for 
                                              less than two years, the President 
                                              or such other person as he may 
                                              authorise in that behalf may order 
                                              that such punishment shall be 
                                              without hard labour.</span></p> 
                                              <p> 
                                              <span> 
                                              (5) Where a service tribunal 
                                              imposes a punishment of dismissal 
                                              with disgrace from the Armed 
                                              Forces upon an officer or man, the 
                                              service tribunal may in addition, 
                                              notwithstanding any other 
                                              provision of this Part, impose a 
                                              punishment of imprisonment for 
                                              less than two years.</span></p> 
                                              <p> 
                                              <span> 
                                              (6) A person upon whom a 
                                              punishment of dismissal with 
                                              disgrace from the Armed Forces has 
                                              been carried out shall not, except 
                                              in an emergency or unless that 
                                              punishment is subsequently set 
                                              aside or altered, be eligible to 
                                              serve the Republic of Ghana again 
                                              in any military or civil capacity.</span></p> 
                                              <p> 
                                              <span> 
                                              (7) The punishment of detention 
                                              shall be subject to the following 
                                              conditions:&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) detention shall not exceed two 
                                              years and a person sentenced to 
                                              detention shall not be subject to 
                                              detention for more than two years 
                                              consecutively by reason of more 
                                              than one conviction;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) no officer may be sentenced to 
                                              detention; and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) in the case of a chief petty 
                                              officer, petty officer or leading 
                                              rating in the Navy of Ghana or a 
                                              warrant officer or 
                                              non-commissioned officer in the 
                                              Army of Ghana or the Air Force of 
                                              Ghana, a sentence that includes a 
                                              punishment of detention shall be 
                                              deemed to include a punishment of 
                                              reduction in rank to the lowest 
                                              rank to which under regulations he 
                                              can be reduced, whether or not the 
                                              last-mentioned punishment is 
                                              specified in the sentence passed 
                                              by the service tribunal.</span></p> 
                                              <p> 
                                              <span> 
                                              (8) The punishment of reduction in 
                                              rank shall apply to officers, 
                                              warrant officers, chief petty 
                                              officers, petty officers, 
                                              non-commissioned officers and 
                                              leading ratings.</span></p> 
                                              <p> 
                                              <span> 
                                              (9) The punishment of reduction in 
                                              rank shall not&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) involve reduction to a rank 
                                              lower than that to which under 
                                              regulations the offender can be 
                                              reduced;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) in the case of a commissioned 
                                              officer, involve reduction to a 
                                              rank lower than commissioned rank; 
                                              and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) in the case of a subordinate 
                                              officer, involve reduction to a 
                                              rank lower than an inferior grade 
                                              of subordinate officer.</span></p> 
                                              <p> 
                                              <span> 
                                              (10) Where an officer or man has 
                                              been sentenced to forfeiture of 
                                              seniority, the service tribunal 
                                              imposing the punishment shall in 
                                              passing sentence specify the 
                                              period for which seniority is to 
                                              be forfeited.</span></p> 
                                              <p> 
                                              <span> 
                                              (11) The punishment of dismissal 
                                              of an officer from the ship to 
                                              which he belongs shall apply only 
                                              to officers of the Navy of Ghana.</span></p> 
                                              <p> 
                                              <span> 
                                              (12) A fine shall be imposed in a 
                                              stated amount and shall not 
                                              exceed, in the case of an officer 
                                              or man, three months basic pay, 
                                              and in the case of any other 
                                              person the sum of £G100, and the 
                                              terms of payment of a fine shall 
                                              lie within the discretion of the 
                                              commanding officer of the person 
                                              so punished.</span></p> 
                                              <p> 
                                              <span> 
                                              (13) Stoppages shall be effected 
                                              in the manner prescribed in 
                                              regulations.</span></p> 
                                              <p> 
                                              <span> 
                                              (14) The authority of a service 
                                              tribunal to impose punishments may 
                                              be limited in accordance with 
                                              regulations.</span></p> 
                                              <p> 
                                              <span> 
                                              (15) Where a person is under a 
                                              sentence imposed by a service 
                                              tribunal that includes a 
                                              punishment involving incarceration 
                                              and another service tribunal 
                                              subsequently passes a new sentence 
                                              that also includes a punishment 
                                              involving incarceration, both 
                                              punishments of incarceration 
                                              shall, from the date of the 
                                              pronouncement of the new sentence, 
                                              run concurrently, but the 
                                              punishment higher in the scale of 
                                              punishments shall be served first.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 79&#8212;No Limitation.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Every person alleged to have 
                                              committed a service offence may be 
                                              charged, dealt with and tried 
                                              under the Code of Service 
                                              Discipline, whether the alleged 
                                              offence was committed in Ghana or 
                                              out of Ghana:</span></p> 
                                              <p style="text-align: justify; text-indent: 36.0pt"> 
                                              <span> 
                                              Provided that a service tribunal 
                                              shall not try any person charged 
                                              with the offence of murder, rape 
                                              and manslaughter, committed in 
                                              Ghana.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Every person alleged to have 
                                              committed a service offence may be 
                                              charged, dealt with and tried 
                                              under the Code of Service 
                                              Discipline, either in Ghana or out 
                                              of Ghana.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 80&#8212;Time Bar.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Except in respect of service 
                                              offences mentioned in sub-section 
                                              (2), no person shall be liable to 
                                              be tried by a service tribunal 
                                              unless his trial begins before the 
                                              expiration of a period of three 
                                              years from the day upon which the 
                                              service offence was alleged to 
                                              have been committed.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Every person subject to the 
                                              Code of Service Discipline at the 
                                              time of the alleged commission by 
                                              him of the service offence of 
                                              mutiny, desertion or absence 
                                              without leave or a service offence 
                                              for which the maximum punishment 
                                              that may be imposed is death, 
                                              shall continue to be liable to be 
                                              charged, dealt with and tried at 
                                              any time under that Code.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) In calculating the period of 
                                              limitation referred to in 
                                              sub-section (1), there shall not 
                                              be included&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a)&nbsp; time during which a person 
                                              was a prisoner of war;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) any period of absence in 
                                              respect of which a person has been 
                                              found guilty by any service 
                                              tribunal of desertion or absence 
                                              without leave; and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) any time during which a person 
                                              was serving a sentence of 
                                              incarceration imposed by any court 
                                              other than a service tribunal.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 81&#8212;Autrefois Acquit and 
                                              Dautrefois Convict.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Every person, in respect of 
                                              whom a charge of having committed 
                                              a service offence has been 
                                              dismissed, or who has been found 
                                              guilty or not guilty either by a 
                                              service tribunal or a civil court 
                                              on a charge of having committed 
                                              any such offence shall not be 
                                              tried or tried again by a service 
                                              tribunal under this Act in respect 
                                              of that offence or any other 
                                              offence of which he might have 
                                              been found guilty on that charge 
                                              by a service tribunal or a civil 
                                              court.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Nothing in subsection (1) 
                                              shall affect the validity of a new 
                                              trial ordered under section 84 or 
                                              section 92.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 82&#8212;Quashing of Findings of 
                                              Service Tribunals.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) The President or such other 
                                              authorities as may be authorised 
                                              in that behalf by him may quash 
                                              any finding of guilty made by a 
                                              service tribunal.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Where, after a finding of 
                                              guilty has been quashed, no other 
                                              finding of guilty remains, the 
                                              whole of the sentence passed by 
                                              the service tribunal shall cease 
                                              to have force and effect.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) Where, after a finding of 
                                              guilty has been quashed, another 
                                              finding of guilty remains, and any 
                                              punishment included in the 
                                              sentence passed by the service 
                                              tribunal is in excess of the 
                                              punishment authorised by this Act 
                                              in respect of the findings of 
                                              guilty which remain, or is, in the 
                                              opinion of the authority who 
                                              quashed the finding, unduly 
                                              severe, such authority shall, 
                                              subject to such conditions as may 
                                              be prescribed, substitute such new 
                                              punishment or punishments as such 
                                              authority considers appropriate.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 83&#8212;Substitution of 
                                              Findings for Original Findings of 
                                              Service Tribunals.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) The President or such other 
                                              authorities as may be authorised 
                                              in that behalf by him may&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) substitute a new finding for 
                                              any finding of guilty, made by a 
                                              service tribunal, that is illegal 
                                              or cannot be supported by the 
                                              evidence, if the new finding could 
                                              validly have been made by the 
                                              service tribunal on the charge and 
                                              if it appears that the service 
                                              tribunal was satisfied of the 
                                              facts establishing the offence 
                                              specified or involved in the new 
                                              finding;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) substitute for the finding of 
                                              guilty made by a service tribunal 
                                              a new finding of guilty of some 
                                              other offence if&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 72.0pt"> 
                                              <span>(i) 
                                              the tribunal could on the charge 
                                              have found the offender guilty 
                                              under section 56 of that other 
                                              offence;</span></p> 
                                              <p style="text-align: justify; margin-left: 72.0pt"> 
                                              <span> 
                                              (ii) the tribunal could have found 
                                              the offender guilty of that other 
                                              offence on any alternative charge 
                                              that was laid,</span></p> 
                                              <p style="text-align: justify; text-indent: 36.0pt"> 
                                              <span> 
                                              and it appears that the facts 
                                              proved him guilty of that other 
                                              offence.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Where a new finding has been 
                                              substituted for a finding made by 
                                              a service tribunal and any 
                                              punishment included in the 
                                              sentence passed by the service 
                                              tribunal is in excess of the 
                                              punishment authorised by this Act 
                                              in respect of the new finding, or 
                                              is, in the opinion of the 
                                              authority who substituted the new 
                                              finding, unduly severe, such 
                                              authority shall, subject to such 
                                              conditions as may be prescribed, 
                                              substitute such new punishment or 
                                              punishments as the authority 
                                              considers appropriate.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 84&#8212;New Trial.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Where a service tribunal has 
                                              found a person guilty of an 
                                              offence and the Commander of the 
                                              appropriate Armed Force considers 
                                              that a new trial is advisable by 
                                              reason of an irregularity in law 
                                              in the proceedings before the 
                                              service tribunal, he may set aside 
                                              the finding of guilty and direct a 
                                              new trial, in which case that 
                                              person shall be tried again for 
                                              that offence as if no previous 
                                              trial had been held.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Where at a new trial held 
                                              pursuant to this section a person 
                                              is found guilty&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) the new punishment shall not 
                                              be higher in the scale of 
                                              punishments than the punishment 
                                              imposed by the service tribunal in 
                                              the first instance;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) if the new punishment includes 
                                              a term of incarceration, there 
                                              shall be deducted from that term 
                                              any time during which the offender 
                                              had been incarcerated following 
                                              the pronouncement of the previous 
                                              sentence; and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) if the new punishment is in 
                                              the same paragraph in the scale of 
                                              punishments as the punishment 
                                              imposed by the service tribunal in 
                                              the first instance, the new 
                                              punishment shall not be in excess 
                                              of the previous punishment.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) The President may dispense 
                                              with any new trial directed under 
                                              this section or under section 92.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 85&#8212;Substitution of 
                                              Punishments for Original 
                                              Punishments of Service Tribunals.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Where a service tribunal has 
                                              passed a sentence in which is 
                                              included an illegal punishment, 
                                              the President or any other 
                                              authority authorised in that 
                                              behalf by him may, subject to such 
                                              conditions as may be prescribed, 
                                              substitute for the illegal 
                                              punishment such new&nbsp; punishment as 
                                              such authority considers 
                                              appropriate.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 86&#8212;President's Power to 
                                              Mitigate Punishments, Etc.</span></b></p> 
                                              <p> 
                                              <span> 
                                              The President or such other 
                                              authority as may be authorised in 
                                              that behalf by him may, subject to 
                                              such conditions as may be 
                                              prescribed, mitigate, commute or 
                                              remit any or all of the 
                                              punishments included in a sentence 
                                              passed by a service tribunal.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 87&#8212;Effect of New 
                                              Punishment.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Where under the authority of this 
                                              Act, a new punishment, by reason 
                                              of substitution or commutation 
                                              replaces a punishment imposed by a 
                                              service tribunal, the new 
                                              punishment shall have force and 
                                              effect as if it had been imposed 
                                              by the service tribunal in the 
                                              first instance and the provisions 
                                              of the Code of Service Discipline 
                                              shall apply accordingly; but where 
                                              the new punishment involves 
                                              incarceration, the term of the new 
                                              punishment shall be reckoned from 
                                              the date of substitution or 
                                              commutation, as the case may be.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 88&#8212;Saving Provision.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Nothing in the succeeding 
                                              provisions of this Part shall be 
                                              in derogation of the powers 
                                              conferred under this Act to quash 
                                              findings or alter findings and 
                                              sentences.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 89&#8212;Establishment of Court 
                                              Martial Appeal Court, Etc.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) There shall be a Court-Martial 
                                              Appeal Court which shall hear and 
                                              determine all appeals referred to 
                                              it under this Act from decisions 
                                              of a court-martial, whether 
                                              general or disciplinary.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) The composition, appointment, 
                                              qualifications of members, 
                                              procedure and any other matters 
                                              connected with or incidental to 
                                              the Court-Martial Appeal Court 
                                              shall be in accordance with such 
                                              regulations as may be prescribed.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 90&#8212;Jurisdiction of Court 
                                              Martial Appeal Court.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Every person who has been tried 
                                              and found guilty by a 
                                              court-martial shall, have a right 
                                              to appeal to the Court-Martial 
                                              Appeal Court, in such form, manner 
                                              and within such time as may be 
                                              prescribed in respect of either or 
                                              both the following matters:&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) the legality of any or all of 
                                              the findings; and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) the legality of the whole or 
                                              any part of the sentence.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 91&#8212;Special Power of 
                                              Court-Martial Appeal Court to 
                                              Disallow Appeal.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Notwithstanding anything in this 
                                              Part, the Court-Martial Appeal 
                                              Court may disallow an appeal if, 
                                              in the opinion of the Court, to be 
                                              expressed in writing, there has 
                                              been no substantial miscarriage of 
                                              justice.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 92&#8212;Court Martial Appeal 
                                              Court to Set Aside Appeal, Etc.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Upon the hearing of an appeal 
                                              respecting the legality of a 
                                              finding of guilty on any charge, 
                                              the Court-Martial Appeal Court, if 
                                              it allows the appeal, shall&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) set aside the finding and 
                                              direct a finding of not guilty to 
                                              be recorded in respect of that&nbsp; 
                                              charge; or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) direct a new trial on that 
                                              charge, in which case the 
                                              appellant shall be tried again as 
                                              if no trial on that charge had 
                                              been held.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Where the Court-Martial Appeal 
                                              Court has set aside a finding of 
                                              guilty and no other finding of 
                                              guilty remains, the whole of the 
                                              sentence shall cease to have force 
                                              and effect.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) Where the Court-Martial Appeal 
                                              Court has set aside a finding of 
                                              guilty but another finding of 
                                              guilty remains, the Court shall 
                                              forthwith refer the proceedings to 
                                              the President, or to such other 
                                              authority as may be authorised in 
                                              that behalf by him who shall&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) affirm the punishment imposed 
                                              by the court-martial if the 
                                              court-martial could legally have 
                                              imposed that punishment upon the 
                                              finding of guilty that remains; or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) subject to such conditions as 
                                              may be prescribed, substitute for 
                                              the punishment imposed by the 
                                              court-martial such new punishment 
                                              or punishments as such authority 
                                              considers appropriate.</span></p> 
                                              <p> 
                                              <span> 
                                              (4) Where an appellant has been 
                                              found guilty of an offence and the 
                                              court-martial could on the charge 
                                              have found him guilty under 
                                              section 56 of some other offence, 
                                              or could have found him guilty of 
                                              some other offence on any 
                                              alternative charge that was laid, 
                                              and on the actual finding it 
                                              appears to the Court-Martial 
                                              Appeal Court that the facts proved 
                                              him guilty of that other offence, 
                                              the Court may, instead of allowing 
                                              or dismissing the appeal, 
                                              substitute for the finding of 
                                              guilty made by the court-martial a 
                                              finding of guilty of that other 
                                              offence, and the Court shall 
                                              forthwith refer the proceedings to 
                                              the President, or to such other 
                                              authority as may be authorised in 
                                              that behalf by him who shall&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) affirm the punishment imposed 
                                              by the court-martial if the 
                                              court-martial could legally have 
                                              imposed that punishment upon the 
                                              substituted finding of guilty; or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) subject to such conditions as 
                                              may be prescribed, substitute for 
                                              the punishment imposed by the 
                                              court-martial such new punishment 
                                              or punishments as such authority 
                                              considers appropriate.</span></p> 
                                              <p> 
                                              <span> 
                                              (5) Where, pursuant to subsection 
                                              (3) or (4), a new punishment is 
                                              substituted, the punishment 
                                              imposed by the court-martial 
                                              thereupon shall cease to have 
                                              effect and section 87 shall apply 
                                              to the new punishment or 
                                              punishments.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 93&#8212;Substitution of New 
                                              Punishment for Illegal Punishment 
                                              Set Aside.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Upon the hearing of an appeal 
                                              respecting the legality of a 
                                              sentence passed by a 
                                              court-martial, the Court-Martial 
                                              Appeal Court,&nbsp; if it allows the 
                                              appeal, shall forthwith refer the 
                                              proceedings to the&nbsp; President or 
                                              to such other authority authorised 
                                              in that behalf by him who shall, 
                                              subject to such conditions as may 
                                              be prescribed, substitute for the 
                                              punishment imposed by the 
                                              court-martial such new punishment 
                                              or punishments as such authority 
                                              considers appropriate and every 
                                              punishment comprised in the 
                                              sentence passed by the 
                                              court-martial shall thereupon 
                                              cease to have force and effect; 
                                              and section 87 shall apply to the 
                                              new punishment or punishments.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 94&#8212;New Punishments Subject 
                                              to President's Power of 
                                              Mitigation.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Where a punishment included in a 
                                              sentence has been dealt with 
                                              pursuant to subsection (3) of 
                                              section 92 or section 93, the new 
                                              punishment shall be subject to 
                                              mitigation, commutation, remission 
                                              or suspension in the same manner 
                                              and to the same extent as if it 
                                              had been passed by the 
                                              court-martial that tried the 
                                              appellant.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 95&#8212;Jurisdiction of Civil 
                                              Courts.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) Nothing in the Code of Service 
                                              Discipline affects the 
                                              jurisdiction of any civil court to 
                                              try a person for any offence 
                                              triable by that Court. </span></p> 
                                              <p> 
                                              <span> 
                                              (2) Where a person, sentenced by a 
                                              service tribunal in respect of a 
                                              conviction on a charge of having 
                                              committed a service offence, is 
                                              afterwards tried by a civil court 
                                              for the same offence or for any 
                                              other offence of which he might 
                                              have been found guilty on that 
                                              charge, the civil court shall in 
                                              awarding punishment take into 
                                              account any punishment imposed by 
                                              the service tribunal for the 
                                              service offence.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) Where a civil court that tries 
                                              a person in the circumstances 
                                              specified in subsection (2) either 
                                              acquits or convicts the person of 
                                              an offence, the unexpired term of 
                                              any punishment of imprisonment for 
                                              more than two years, imprisonment 
                                              for less than two years or 
                                              detention, imposed by the service 
                                              tribunal in respect of that 
                                              offence, shall be deemed to be 
                                              wholly remitted as from the date 
                                              of the acquittal or conviction by 
                                              the civil court.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 96&#8212;Certificate of Civil 
                                              Court.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Where any person subject to the 
                                              Code of Service Discipline has at 
                                              any time been tried by a civil 
                                              court, an officer of that court 
                                              authorised in that behalf by the 
                                              Judge or District Magistrate 
                                              thereof, as the case may be, 
                                              shall, if required by any officer 
                                              of the Armed Forces, transmit to 
                                              that officer a certificate setting 
                                              forth the offence for which that 
                                              person was tried, together with 
                                              the judgment or order of the court 
                                              thereon, and shall be paid for 
                                              that certificate the prescribed 
                                              fee.</span></p> 
                                              <p> 
                                              <span> 
                                              PART IV&#8212;GENERAL</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 97&#8212;Regulations.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) The Commander-in-Chief may, 
                                              after consultation with the Armed 
                                              Forces Council, by legislative 
                                              instrument make regulations for 
                                              the discipline and administration 
                                              of the Armed Forces and generally 
                                              for carrying into effect the 
                                              objects and purposes of this 
                                              Act.[As substituted by the Armed 
                                              Forces (Amendment) Decree, 1972 (NRCD 
                                              45), s.5(1)]</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Without derogation from the 
                                              generality of the provisions of 
                                              subsection (1), the 
                                              Commander-in-Chief after 
                                              consultation with the Armed Forces 
                                              Council may make regulations in 
                                              respect of the following 
                                              matters:&#8212;[As amended by the Armed 
                                              Forces (Amendment) Decree, 1972 (NRCD 
                                              45), s.5(2)]</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) such matters as are required 
                                              under this Act to be prescribed or 
                                              are authorised or required under 
                                              this Act to be made by regulation;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) the quality, issue and 
                                              disposal of any property for the 
                                              Armed Forces and the application 
                                              of the proceeds, if any, of such 
                                              disposal;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) the ranks of officers and men 
                                              of each Armed Force, the numbers 
                                              in each such rank and the use of 
                                              uniforms by such officers and men;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) conditions of service, 
                                              including conditions of service 
                                              relating to enrolment and to the 
                                              pay, pensions, gratuities and 
                                              other allowances of officers and 
                                              men of each Armed Force and 
                                              deductions therefrom;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (e) the secondment, transfer, 
                                              discharge, and promotion of 
                                              officers and men of each Armed 
                                              Force;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (f)&nbsp; the authority and powers of 
                                              command of officers and men of 
                                              each Armed Force;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (g) the procedure for obtaining 
                                              redress of grievances in the case 
                                              of officers and men of each Armed 
                                              Force;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (h) the liability of officers and 
                                              men of each Armed Force for loss 
                                              or damage of property of such 
                                              Force;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span>(i) 
                                              the collection, administration and 
                                              distribution of the service 
                                              estates of officers and men of 
                                              each Armed Force and the disposal 
                                              of the personal effects of 
                                              absentee officers and men of such 
                                              Force;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (j) the application to female 
                                              persons either wholly or partly of 
                                              the Code of Service Discipline 
                                              subject to such modifications as 
                                              may be specified in the 
                                              regulations;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (k) the prohibition or control of 
                                              dangerous flying;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (1) the vaccination and 
                                              inoculation of officers and men of 
                                              each Armed Force and the provision 
                                              of other immunization procedures 
                                              for such officers and men;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (m) the control of the handling of 
                                              dangerous substances by officers 
                                              and men of the Armed Forces;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (n) the conditions subject to 
                                              which certain punishments may be 
                                              imposed;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (o) the appointment of persons 
                                              additional to those specified in 
                                              the Act with powers of arrest and 
                                              the conditions subject to which 
                                              such appointment is made and such 
                                              powers are conferred;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (p) the custody of officers and 
                                              men arrested or sentenced and the 
                                              duties of the persons in whose 
                                              charge such officers and men have 
                                              been placed;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (q) the delegation of the powers 
                                              of commanding officers to try 
                                              accused persons under this Act to 
                                              other persons and the conditions, 
                                              if any, subject to which such 
                                              delegation is made;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (r) the date of the commencement 
                                              of terms of imprisonment under 
                                              this Act and the periods to be 
                                              left out or taken into account in 
                                              the computation of such terms;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (s) the fees to be charged for any 
                                              service performed by any person 
                                              for the purposes of this Act;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (t) the arrest and custody of 
                                              deserters and persons absent 
                                              without leave and any matter 
                                              connected with or incidental to 
                                              such arrest and custody; and
                                              </span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (u) the procedure to be observed 
                                              in proceedings before service 
                                              tribunals, the summons and 
                                              examination of witnesses other 
                                              than persons subject to the Code 
                                              of Service Discipline, the 
                                              production of documents by such 
                                              witnesses, and the payment of 
                                              remuneration to such witnesses.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 97A&#8212;Consequential 
                                              Amendments.</span></b></p> 
                                              <p> 
                                              <span> 
                                              Subject to the provisions of this 
                                              Decree, for any reference in the 
                                              principal enactment to &quot;President&quot; 
                                              (as from time to time amended) 
                                              there shall be substituted a 
                                              reference to the &quot;Commander-in-Chief.[Inserted 
                                              and to be cited as Armed Forces 
                                              (Amendment) Decree, 1972 (NRCD 
                                              45), s.7]</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 98&#8212;Interpretation.</span></b></p> 
                                              <p> 
                                              <span> 
                                              In this Act, unless the context 
                                              otherwise requires&#8212;</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;active service&quot; means service&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) in operations against an enemy 
                                              or in a foreign country in 
                                              operations for the protection of 
                                              life or property or relating to 
                                              the military occupation of a 
                                              foreign country;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) in operations for the 
                                              preservation of public order;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) for purposes of relief in 
                                              cases of emergency, and </span> 
                                              </p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) for any other purpose 
                                              appearing to the President to be 
                                              expedient;</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;aircraft&quot; means any machine for 
                                              flying, whether propelled by 
                                              mechanical means or not, and 
                                              includes any description of 
                                              balloon;</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;aircraft material&quot; includes&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) parts of, and components of or 
                                              accessories for, aircraft, whether 
                                              for the time being in aircraft or 
                                              not,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) engines, armaments, ammunition 
                                              and bombs and other missiles of 
                                              any description in, or for use in, 
                                              aircraft,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) any other gear, apparatus or 
                                              instruments in, or for use in, 
                                              aircraft,</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) any apparatus used in 
                                              connection with the taking-off or 
                                              landing of aircraft or for 
                                              detecting the movement of 
                                              aircraft, and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (e) any fuel used for the 
                                              propulsion of aircraft and any 
                                              material used as a lubricant for 
                                              aircraft or aircraft material;</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;Armed Forces&quot; mean the Army of 
                                              Ghana, Navy of Ghana and Air Force 
                                              of Ghana;</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;boy&quot; means a male person over the 
                                              age of thirteen years enrolled in 
                                              the Army and below the prescribed 
                                              maximum age;</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;civil court&quot; means a court of 
                                              ordinary criminal jurisdiction in 
                                              Ghana and includes a Court of 
                                              summary jurisdiction;</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;civil custody&quot; means the holding 
                                              under arrest or in confinement of 
                                              a person by the Police or other 
                                              competent civil authority and 
                                              includes confinement in a civil 
                                              prison;</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;Code of Service Discipline&quot; means 
                                              the provisions of Parts II, III 
                                              and IV of this Act;</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;commanding officer&quot;, in respect 
                                              of a person, means the commanding 
                                              officer of that person or such 
                                              other officer as may in accordance 
                                              with regulations be empowered to 
                                              act as the commanding officer of 
                                              that person;</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;defence establishment&quot; means any 
                                              establishment declared by the 
                                              President or any person authorised 
                                              in that behalf by him to be a 
                                              defence establishment, and 
                                              includes any property therein;</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;Disciplinary Board&quot; means 
                                              Disciplinary Board established 
                                              under section 63 or 64 of this 
                                              Act;[As inserted by the Armed 
                                              Forces (Amendment) Law, 1983 (PNDCL 
                                              63), s.9(a)]</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;enemy&quot; includes all persons 
                                              engaged in armed operations 
                                              against any of the Armed Forces of 
                                              Ghana or part thereof and includes 
                                              armed mutineers, armed rebels, 
                                              armed rioters and pirates;</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;man&quot; means any person, other than 
                                              an officer, who is enrolled in, or 
                                              who is attached or seconded 
                                              otherwise than as an officer to, 
                                              any of the Armed Forces;</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;material&quot; means all movable 
                                              public property, other than money 
                                              provided for the Armed Forces or 
                                              for any other purpose under this 
                                              Act and includes any vessel, 
                                              vehicle, aircraft, animal, 
                                              missile, arms, ammunition, 
                                              clothing, stores, provisions or 
                                              equipment so provided;</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;military&quot; shall be construed as 
                                              relating to all or any of the 
                                              Armed Forces;</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;mutiny&quot; means a combination 
                                              between two or more persons 
                                              subject to the Code of Service 
                                              Discipline or between persons two 
                                              at least of whom are subject to 
                                              such Code&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) to overthrow or resist lawful 
                                              authority in the Armed Forces or 
                                              any forces co-operating therewith 
                                              or any part thereof;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) to disobey such authority in 
                                              such circumstances as to make the 
                                              disobedience subversive of 
                                              discipline, or with the object of 
                                              avoiding any duty or service 
                                              against or in connection with 
                                              operations against, the enemy; or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) to impede the performance of 
                                              any duty or service in the Armed 
                                              Forces or any forces co-operating 
                                              therewith or any part thereof;</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;non-public property&quot; means&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) all money and property, other 
                                              than issues of material, received 
                                              for or administered by or through 
                                              messes, institutes or canteens of 
                                              the Armed Forces;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) all money and property 
                                              contributed to or by officers, 
                                              men, units or other elements of 
                                              the Armed Forces for the 
                                              collective benefit and welfare of 
                                              such officers, men, units or other 
                                              elements;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) by products and refuse derived 
                                              from rations and other consumable 
                                              stores issued to the Armed Forces 
                                              for use in service kitchens to 
                                              such extent as may be prescribed; 
                                              and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (d) all money and property, as the 
                                              case may be, derived from, 
                                              purchased out of the proceeds of 
                                              the sale of, or received in 
                                              exchange for money and property 
                                              described in the preceding 
                                              sub-paragraphs of this paragraph;</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;public property&quot; means all money 
                                              and property vested in the 
                                              President in trust for and on 
                                              behalf of the people of Ghana for 
                                              the Public Service of the Republic 
                                              of Ghana;</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;officer&quot; means&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) a person commissioned by the 
                                              President&nbsp; to any of the Armed 
                                              Forces; or</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) any person who is attached or 
                                              seconded as an officer to any of 
                                              the Armed Forces;</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;service custody&quot; means the 
                                              holding under arrest or in 
                                              confinement of any person by the 
                                              Armed Forces and includes 
                                              confinement in a service prison or 
                                              detention barrack;</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;service estate&quot; means the 
                                              following parts of the estate of a 
                                              deceased officer or man in the 
                                              Armed Forces&#8212;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (a) pay and allowances in respect 
                                              of his service in such Forces;</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (b) personal equipment that such 
                                              officer or man is permitted, under 
                                              regulations made under this Act, 
                                              to retain; and</span></p> 
                                              <p style="text-align: justify; margin-left: 36.0pt"> 
                                              <span> 
                                              (c) personal belongings, including 
                                              cash, found on such officer or man 
                                              or in camp, quarters or otherwise 
                                              in the care or custody of such 
                                              Forces; </span></p> 
                                              <p> 
                                              <span> 
                                              &quot;service offence&quot; means an offence 
                                              under this Act or any other 
                                              enactment for the time being in 
                                              force, committed by a person while 
                                              subject to the Code of Service 
                                              Discipline;</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;service tribunal&quot; means a court 
                                              martial or a &quot;Disciplinary 
                                              Board;[As substituted by the Armed 
                                              Forces (Amendment) Law, 1983 (PNDCL 
                                              63), s.9(b)]</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;stoppages&quot; means the recovery, by 
                                              deduction from the pay of the 
                                              offender, of a specified sum by 
                                              way of compensation for any 
                                              expense, loss or damage occasioned 
                                              by the offence;</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;summary trial&quot; means a trial 
                                              conducted by a Disciplinary Board 
                                              established under section 63 or 64 
                                              of this Act.[As substituted by the 
                                              Armed Forces (Amendment) Law, 1983 
                                              (PNDCL 63), s.9(b)]</span></p> 
                                              <p> 
                                              <span> 
                                              &quot;superior officer&quot; means any 
                                              officer or man who, in relation to 
                                              any other officer or man, is, by 
                                              this Act or by regulations made 
                                              thereunder or by custom of the 
                                              appropriate Force, authorised to 
                                              give a lawful command to that 
                                              other officer or man.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 99&#8212;Continuance of Existing 
                                              Forces.</span></b></p> 
                                              <p> 
                                              <span> 
                                              The Army, Navy and Air Force of 
                                              Ghana in existence immediately 
                                              before the date of the 
                                              commencement of this Act shall be 
                                              deemed, on and after that date, to 
                                              be included in the Armed Forces of 
                                              Ghana raised and maintained under 
                                              this Act.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 100&#8212;Application of Act to 
                                              Boys.</span></b></p> 
                                              <p> 
                                              <span> 
                                              The provisions of this Act shall 
                                              as far as may be practicable and 
                                              subject to such modifications as 
                                              may be prescribed apply to boys in 
                                              like manner as those provisions 
                                              apply to men.</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 101&#8212;Repeals and Savings.</span></b></p> 
                                              <p> 
                                              <span> 
                                              (1) The enactments specified in 
                                              the Schedule hereto are hereby 
                                              repealed:</span></p> 
                                              <p style="text-align: justify; text-indent: 36.0pt"> 
                                              <span> 
                                              Provided that any statutory 
                                              instrument made under those 
                                              enactments and the regulations 
                                              contained in the Schedule to the 
                                              Military Pensions Ordinance, 1954 
                                              (No. 16) and in force immediately 
                                              before the commencement of this 
                                              Act shall, until such instrument 
                                              and regulations are altered, 
                                              revoked or otherwise modified 
                                              under this Act, continue in force 
                                              as if such instrument and 
                                              regulations had been made under 
                                              this Act.</span></p> 
                                              <p> 
                                              <span> 
                                              (2) Notwithstanding the repeal of 
                                              the enactments specified in the 
                                              Schedule hereto, every officer 
                                              commissioned, and every man 
                                              enrolled or re-engaged under those 
                                              enactments, who is in the Army, 
                                              Navy or Air Force, of Ghana, 
                                              immediately before the 
                                              commencement of this Act shall 
                                              continue on and after such 
                                              commencement to serve in the Army 
                                              of Ghana, Navy of Ghana or Air 
                                              Force of Ghana as if he had been 
                                              given his commission or had 
                                              enrolled or been re-engaged, as 
                                              the case may be, under this Act.</span></p> 
                                              <p> 
                                              <span> 
                                              (3) Until regulations are made 
                                              under this Act, the provisions of 
                                              any enactment relating to any 
                                              matter connected with, or 
                                              incidental to, the discipline, 
                                              arrest, trial and punishment of 
                                              any officer or man of the Armed 
                                              Forces and in force and applicable 
                                              to such officer or man immediately 
                                              preceding the first day of April, 
                                              1962, shall on and after that day 
                                              continue to apply to such officer 
                                              or man, unless such provisions are 
                                              included in or are inconsistent 
                                              with the provisions of this 
                                              Act.[As inserted by the Armed 
                                              Forces (Amendment) Act, 1962 (Act 
                                              131), s.3(1)]</span></p> 
                                              <p> 
                                              <span> 
                                              (3A) Any matter determined under 
                                              the provisions referred to in 
                                              section 101 (3) of the principal 
                                              Act (inserted by this Act) during 
                                              the period commencing on the first 
                                              day of April 1962, and ending on 
                                              the date of the commencement of 
                                              this Act shall be deemed to be 
                                              validly determined.[Inserted and 
                                              to be cited as the Armed Forces 
                                              (Amendment) Act, 1962 (Act 131), 
                                              s.3(2)]</span></p> 
                                              <p> 
                                              <span> 
                                              (3B) Subject to the provisions of 
                                              this Decree the Armed Forces of 
                                              Ghana as constituted immediately 
                                              before the commencement of this 
                                              Decree shall continue in existence 
                                              until provision is otherwise made 
                                              by law. [Inserted and to be cited 
                                              as the Armed Forces (Amendment) 
                                              Decree, 1972 (NRCD 45), s.9]</span></p> 
                                              <p> 
                                              <b> 
                                              <span> 
                                              Section 102&#8212;Commencement.</span></b></p> 
                                              <p> 
                                              <span> 
                                              The President may by executive 
                                              instrument order that the Act or 
                                              any provisions thereof shall come 
                                              into operation on a date specified 
                                              in such instrument, and thereupon 
                                              such Act or those provisions shall 
                                              come into operation.</span></p> 
                                              <p> 
                                              <span> 
                                              SCHEDULE</span></p> 
                                              <p> 
                                              <span> 
                                              1. The Army Ordinance (Cap. 53), 
                                              as subsequently amended.</span></p> 
                                              <p> 
                                              <span> 
                                              2. The Army (Reserve Force) 
                                              Ordinance (Cap. 54).</span></p> 
                                              <p> 
                                              <span> 
                                              3. The Local Forces Ordinance 
                                              (Cap. 55).</span></p> 
                                              <p> 
                                              <span> 
                                              4. The Uniforms Ordinance (Cap. 
                                              58).</span></p> 
                                              <p> 
                                              <span> 
                                              5. War Pensions Ordinance, 1943 
                                              (No. 1), as subsequently amended.</span></p> 
                                              <p> 
                                              <span> 
                                              6. The Military Pensions 
                                              Ordinance, 1954 (No.16).</span></p> 
                                              <p> 
                                              <span> 
                                              7. The Ghana Armed Forces Council 
                                              Ordinance, 1957 (No. 40).</span></p> 
                                              <p> 
                                              <span> 
                                              8. The Naval Volunteer Ordinance 
                                              (Cap. 52).</span></p> 
                                              <p> 
                                              <span> 
                                              9. The Naval Volunteer and Defence 
                                              Ordinance (Cap. 60).</span></p> 
                                              <p> 
                                              <span> 
                                              10. The Forces (Ghana Regiment) 
                                              Act, 1959 (No. 1).</span></p> 
                                              <p> 
                                              <span> 
                                              11. The Armed Forces Act, 1962 
                                              (Amendment) (No.2) Decree, 1967 (NLCD 
                                              138)[Repealed by Armed Forces 
                                              (Amendment) Decree, 1972 (NRCD 
                                              45), s.8(a)]</span></p> 
                                              <p> 
                                              <span> 
                                              12. Section 7 of the National 
                                              Redemption Council (Establishment) 
                                              Proclamation, 1972.[Repealed by 
                                              Armed Forces (Amendment) Decree, 
                                              1972 (NRCD 45), s.8(b)]</span></p> 
                                              <p> 
                                              <span> 
                                              amended by</span></p> 
                                              <p> 
                                              <span> 
                                              THE ARMED FORCES (AMENDMENT) ACT, 
                                              1962 (ACT 131)1</span></p> 
                                              <p> 
                                              <span> 
                                              ARMED FORCES (AMENDMENT) DECREE, 
                                              1972 (NRCD 45)2</span></p> 
                                              <p> 
                                              <span> 
                                              ARMED FORCES (AMENDMENT) (NO.2) 
                                              DECREE, 1972 (NRCD 125)3</span></p> 
                                              <p> 
                                              <span> 
                                              ARMED FORCES ACT 1962 (AMENDMENT) 
                                              DECREE, 1973 (NRCD 222)4</span></p> 
                                              <p> 
                                              <span> 
                                              ARMED FORCES (AMENDMENT) LAW, 1983 
                                              (PNDCL 63)5</span></p> 
                                              <p style="tex