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GDF DEFENCE ACT CAP 1501

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An Act to provide for defence and the maintenance of order by the establishment of a defence force and to provide for matters connected therewith and incidental thereto.[accordion width="660"] [item title="PART I - PRELIMINARY"] SECTION

1. Short title.

2. Interpretation.
3. Provisions as to active service.
4. Establishment of Guyana Defence Force.
5. Employment of Defence Force.
6. Formation into units.
7. Employment of Defence Force outside Guyana.
8. Overseas training.

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[item title="PART II - GUYANA DEFENCE BOARD"]SECTION

9. Establishment of Defence Board.
10. Membership of Defence Board.
11. Secretary of Defence Board.
12. Performance of functions of Defence Boa

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[item title="PART III - OFFICERS"] SECTION

13. Power to grant commissions.

14. Commissions Board.
15. Appointment and transfer of officers.
16. Power to make regulations for this Part.

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[item title="PART IV - ENLISTMENT AND TERMS OF SERVICE IN THE REGULAR FORCE"] Enlistment

 

SECTION

17. Recruiting officers.

18. Enlistment.
 
Terms and Conditions of Service
 
SECTION
 
19. Terms of enlistment.
20. Re-engagement and continuance of service.
21. Prolongation of service.
 
Discharge and Transfer to the Reserve
 
SECTION
 
22. Discharge.
23. Transfer to the Reserve.
24. Postponement of discharge or transfer pending proceedings for offences, etc.
25. Restrictions on reduction in rank of warrant officers and noncommissioned officers.
26. Right of warrant officer to discharge on reduction in rank.
27. Discharge upon prescribed grounds.
28. Right of soldier to purchase discharge.
 
Miscellaneous and Supplementary Provisions
 
SECTION
 
29. Rules for reckoning service.
30. Validity of attestation and enlistment.
31. False answers in attestation papers.
32. Interpretation.

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[item title="PART V - DISCIPLINE AND TRIAL AND PUNISHMENT OF MILITARY OFFENCES"] Treachery, Cowardice and Offences Arising out of Military Service

 

SECTION

 
33. Aiding the enemy.
34. Communication with the enemy.
35. Cowardly behaviour.
36. Offences against morale.
37. Becoming a prisoner of war through disobedience or wilful neglect; and failure to rejoin forces.
38. Offences by or in relation to sentries, etc.
39. Sleeping on watch or abandoning post.
40. Looting.
 
Mutiny and Insubordination
 
SECTION
 
41. Mutiny.
42. Failure to suppress mutiny.
43. Insubordinate behaviour.
44. Disobedience to particular orders.
45. Obstruction of provost officers.
46. Disobedience to standing orders.
 
Desertion, Absent Without Leave, etc.
 
SECTION
 
47. Desertion.
48. Absence without leave.
49. Assisting and concealing desertion and absence without leave.
50. Failure to perform military duties.
 
Malingering and Drunkenness
 
SECTION
 
51. Malingering.
52. Drunkenness.
 
Offences Relating to Property
 
SECTION
 
53. Offences in relation to public and service property.
54. Offences in relation to property of members of forces.
55. Miscellaneous offences relating to property.
 
Offences Relating to Ships and Aircraft
 
SECTION
 
56. Dangerous flying, loss or hazarding of ships.
57. Inaccurate certification of aircraft, etc.
58. Low flying.
59. Annoyance by flying.
 
Offences Relating to, and by, Persons in Custody
 
SECTION
 
60. Irregular arrest and confinement.
61. Permitting escape, and unlawful release of prisoners.
62. Resistance to arrest.
63. Escape from confinement.
 
Offences in relation to Courts-Martial and Civil Authorities
 
SECTION
 
64. Offences in relation to courts-martial.
65. False evidence.
66. Obstruction of policeman arresting officer or soldier.
 
Miscellaneous Offences
 
SECTION
 
67. Injurious disclosures.
68. Making of false statements on enlistment.
69. Making of false documents.
70. Scandalous conduct of officer.
71. Ill-treatment of officers or men of inferior rank.
72. Disgraceful conduct.
73. False accusation.
74. Attempts to commit military offences.
75. Conduct to prejudice of military discipline.
 
Civil Offences
 
SECTION
 
76. Civil offences.
 
Punishments
 
SECTION
 
77. Punishment of officers.
78. Punishment of soldiers.
79. Field punishment.
80. Imprisonment.
 
Arrest
 
SECTION
 
81. Power to arrest offenders.
82. Provisions for avoiding delay after arrest.
 
Investigation of, and Summary Dealing with Charges
 
SECTION
 
83. Investigation of charges by commanding officer.
84. Charges to be dealt with summarily or by court-martial.
85. Further proceedings on charges against non-commissioned officers and soldiers.
86. Further proceedings on charges against officers and warrant officers.
87. Dismissal of charges referred to higher authority.
88. Officers who are to act as commanding officers and appropriate superior authorities.
89. Limitation on powers of summary dealing with charges.
 
Court-Martial: General Provisions
 
SECTION
 
90. Trial by, and powers of, ordinary court-martial.
91. Trial by, and powers of, field court-martial.
92. Officers having powers to convene courts-martial.
93. Constitution of ordinary courts-martial.
94. Constitution of field courts-martial.
95. Supplementary provisions as to constitution of courts-martial.
96. Place for sitting of courts-martial and adjournment to other places.
 
Courts-Martial: Provisions Relating to Trial
 
SECTION
 
97. Challenges by accused.
98. Administration of oaths.
99. Courts-martial to sit in open court.
100. Dissolution of courts-martial.
101. Decisions of courts-martial.
102. Finding and sentence.
103. Power to convict of offence other than that charged.
104. Rules of evidence.
105. Privilege of witnesses and others at courts-martial.
106. Offences by civilians in relation to courts-martial.
107. Affirmations.
 
Confirmation, Revision and Review of Proceedings of Courts-Martial
 
SECTION
 
108. Confirmation of proceedings of courts-martial.
109. Petition against finding or sentence.
110. Revision of findings of court-martial.
111. Powers of confirming authorities.
112. Confirming authorities.
113. Approval of death sentence by President.
114. Review of findings and sentences of courts-martial.
115. Reconsideration of sentences of imprisonment and detention.
 
Review of Summary Findings and Awards
 
SECTION
 
116. Review of summary findings and awards.
 
Findings of Insanity, etc.
 
SECTION
 
117. Provisions where accused found insane
 
Commencement, Suspension and Duration of Sentences
 
SECTION
 
118. Commencement of sentences.
119. Duration of sentences of imprisonment or detention.
120. Restrictions on serving of sentences of detention in prisons.
121. Special provisions as to civil prisons in Guyana.
122. Special provisions as to carrying out or serving of sentences outside Guyana.
123. Country in which sentence of imprisonment or detention to be served.
124. Duties of officers in charge of prisons and others to receive prisoners.
 
Trial of Persons ceasing to be subject to military law under this Act and time limited for trials
 
SECTION
 
125. Trial and punishment of offences under this Act notwithstanding offender ceasing to be subject thereto.
126. Limitation of time for trial of offences under this Act.
 
Relations between Military and Civil Courts and Finality of Trials
 
SECTION
 
127. Powers of civil courts.
128. Persons not to be tried under this Act for offences already disposed of.
 
Inquiries
 
SECTION
 
129. Boards of Inquiry.
130. Inquiries into absence.
 
Miscellaneous Provisions
 
SECTION
 
131. Restitution or compensation for theft, etc.
132. Appointment of judge advocates.
133. Promulgation.
134. Custody of proceedings of court-martial and right of accused to a copy thereof.
135. Indemnity for prison officers, etc.
 
Interpretation of this Part
 
SECTION
 
136. Interpretation of Part V.
 
Rules of Procedure, etc.
 
SECTION
 
137. Rules of Procedure.
138. Imprisonment and Detention Regulations.
139. Board of Inquiry Rules.
140. Miscellaneous regulations.
141. Section 140 (c) and (d) not to prejudice powers under sections 137, 138 and 139.

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[item title="PART VI - APPEALS FROM COURTS-MARTIAL"] SECTION

 

142. Right of appeal.

143. Procedure for applying for leave to appeal or lodging appeal.
144. Determination of appeals in ordinary cases.
145. Powers of Court of Appeal in special cases.
146. Commencement of sentence.
147. Appeals to be final.
148. Proceedings may be heard in absence of appellants.
149. Defence of appeals.
150. Right of appellant to present his case in writing.
151. Suspension of death sentence.
152. Person not be tried again where conviction quashed.
153. Removal of prisoners for purposes of this Part.
154. Furnishing on appeal, of documents relating to trial.
155. Saving of powers of reviewing authorities.
156. Supplementary powers of the Court of Appeal.
157. Interpretation of Part VI.

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[item title="PART VII - FORFEITURES AND REDUCTIONS"] SECTION

 

158. Forfeitures and deductions; general provisions.

159. Forfeiture of pay for absence from duty.
160. Deductions for payment of civil penalties.
161. Compensation for loss occasioned by wrongful act or negligence.
162. Deductions for barrack damage.
163. Review of orders and remission of forfeitures and deductions.
164. Enforcement of maintenance and affiliation order by deduction from pay.
165. Deductions from pay for maintenance of wife, husband or child.
166. Limit of deductions under sections 164 and 165 and effect on forfeiture.
167. Service of process in maintenance proceedings

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[item title="PART VIII - GOVERNMENT AND GENERAL PROVISIONS COMMAND"] SECTION

 

168. Command and precedence.

169. Command of Force.
170. Regulations as to command.
171. Powers of command of members of co-operating forces.
 
Redress of Complaints
 
SECTION
 
172. Complaints by officers.
173. Complaints by soldiers.
174. Restriction on composition of Defence Board dealing with complaint.
 
Exemptions for officers and soldiers
 
SECTION
 
175. Exemptions from jury service.
176. Exemptions from tolls, etc.
177. Exemption from execution.
 
Provisions relating to deserters and absentees without leave
 
SECTION
 
178. Arrest of deserters and absentees without leave.
179. Proceedings before a civil court where persons suspected of illegal absence.
180. Deserters and absentees without leave surrendering to police.
181. Certificates of arrest or surrender of deserters and absentees.
182. Duties of superintendents of prisons and others to receive deserters and absentees.
 
Offences relating to military matters punishable by civil courts
 
SECTION
 
183. Punishment for pretending to be a deserter.
184. Punishment for procuring and assisting desertion.
185. Punishment for obstructing officers or soldiers in execution of duty.
186. Punishment for aiding malingering.
187. Unlawful purchase, etc. of military stores.
188. Illegal dealings in documents relating to pay, pensions, mobilization, etc.
189. Unauthorised use of and dealing in decorations, etc.
 
Provisions as to evidence
 
SECTION
 
190. General provisions as to evidence.
191. Proof of outcome of civil trial.
192. Evidence of proceedings of court-martial.
 
Miscellaneous Provisions
 
SECTION
 
193. Temporary reception in civil custody of persons under escort.
194. Avoidance of assignment of, or charge on military pay, pension, etc.
195. Statutory declarations taken outside Guyana.

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[item title="PART IX - RESERVE"] SECTION

 

196. Composition of Reserve.

197. Enlistment and re-engagement in the Reserve.
198. Training of Reserve.
199. Call out of first class of Reserve on temporary service.
200. Call out of Reserve on permanent service.
201. Attendance upon call out.
202. Effective time of call out.
203. Termination of service.
204. Posting or attachment of members of Reserve.
205. Punishment for non-attendance.
206. Wrongful sale etc. of public property.
207. Discharge from Reserve.
208. Application of Parts V and VII of this Act.

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[item title="PART X - THE COAST GUARD"] SECTION

 

209. Establishment and special duties of Coast Guard.

210. Powers of members of Coast Guard with respect to vessels.
211. Obstruction of officer or soldier of the Force.
212. Powers under laws mentioned in Third Schedule.
213. Hazarding or loss of ship.
214. Provisions not in derogation.

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[item title="PART XI - APPLICATION OF THE LAW AND SUPPLEMENTARY PROVISIONS"] SECTION

 

215. Application of Act to civilians.

216. Application of the Act.
217. Power to make regulations.
218. Powers exercisable in subsidiary legislation.
219. Execution of orders, instruments, etc.
220. Powers of members of the Force with respect to vessels.

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