Ghana Act or statute

Parliament of Ghana

Armed Forces Act, 1962 (Act 105)

The armed forces of Ghana are to be raised and maintained, and their strength is determined from time to time by the National Redemption Council. Each Ghanaian service listed here must be composed…

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Jurisdiction: Ghana
Structure: 101 provisions
Citation: Act 105
Dates: Undated source snapshot

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“The armed forces of Ghana are to be raised and maintained, and their strength is determined from time to time by the National Redemption Council.”

The armed forces of Ghana are to be raised and maintained, and their strength is determined from time to time by the National Redemption Council. Each Ghanaian service listed here must be composed of specified components, and each force or reserve must be under prescribed officers’ supervision and control. A Regular Force is made up of officers commissioned by the Commander-in-Chief and men enrolled under regulations made under the Act. A Regular Reserve is made up of officers transferred by the President and men transferred under the terms of their enrolment. The President may establish and maintain Volunteer Forces and Volunteer Reserves under this Act and any regulations made under it.

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Raising of the Armed Forces

The armed forces of Ghana are to be raised and maintained, and their strength is determined from time to time by the National Redemption Council.

Section 1

Quarrels and disturbances

A person commits an offence if they quarrel or fight with, or use provoking words or gestures toward, someone subject to the Code of Service Discipline and tend to cause a quarrel or disturbance.

Section 25

Unauthorised use of vehicles

It is an offence for any person to use an Armed Forces vehicle without authority, for an unauthorised purpose, or contrary to any regulation, order, or instruction.

Section 50

Judge advocate of disciplinary court-martial

The Chief Justice may appoint a person to act as judge advocate at a disciplinary court-martial.

Section 73

Regulations

The Commander-in-Chief may make regulations for the Armed Forces, after consulting the Armed Forces Council, by legislative instrument.

Section 97

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Showing 101 of 101 provisions

Offence 60Substitution 20Provision 17Amendment 3

§ 1Raising of the Armed ForcesSubstitution

The armed forces of Ghana are to be raised and maintained, and their strength is determined from time to time by the National Redemption Council.

Section 1—Raising of the Armed Forces. 7 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]

Section 1Verify source

§ 2Composition of each ForceSubstitution

Each Ghanaian service listed here must be composed of specified components, and each force or reserve must be under prescribed officers’ supervision and control.

Section 2—Composition of Each Force. (1) The Army of Ghana, Navy of Ghana, Air Force of Ghana and Border Guards of Ghana shall each consist of— (a) a Regular Force; (b) a Regular Reserve; (c) if a Volunteer Force and a Volunteer Reserve are maintained under section 5, such Volunteer Force and Volunteer Reserve. (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]

Section 2Verify source

§ 3Composition of Regular ForceSubstitution

A Regular Force is made up of officers commissioned by the Commander-in-Chief and men enrolled under regulations made under the Act.

Section 3—Composition of Regular Forces. Each Regular Force shall consist of— (a) officers commissioned by the Commander-in-Chief of the Armed Forces; and (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]

Section 3Verify source

§ 4Composition of Regular ReserveProvision

A Regular Reserve is made up of officers transferred by the President and men transferred under the terms of their enrolment.

Section 4—Composition of Regular Reserve. Each Regular Reserve shall consist of officers whom the President has transferred to such Reserve and men who have been transferred thereto in accordance with the terms of their enrolment.

Section 4Verify source

§ 5Composition of Volunteer Force and Volunteer ReserveProvision

The President may establish and maintain Volunteer Forces and Volunteer Reserves under this Act and any regulations made under it.

Section 5—Composition of Volunteer Force and Volunteer Reserve. (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. (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.

Section 5Verify source

§ 6Full time service and active serviceProvision

Regular forces must stay on continuing full-time military service and can be called up for active service; the President may also order reserve or volunteer forces onto the same service.

Section 6—Full-Time Service and Active. 8 (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. (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. (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. (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.

Section 6Verify source

§ 7Reserve and Volunteer Forces on trainingProvision

Regular Reserve, Volunteer Force, or Volunteer Reserve units may be called out for training under regulations made for that purpose.

Section 7—Reserve and Volunteer Forces on Training. 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.

Section 7Verify source

§ 8Commander in-Chief, etcSubstitution

This section makes the Chairman of the National Redemption Council the Commander-in-Chief and gives that office broad control, appointment, dismissal, reporting, and delegation powers over the Armed Forces.

Section 8—Commander-in-Chief, etc. (1) The Chairman of the National Redemption Council shall be the Commander-in-Chief of the Armed Forces of Ghana. (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. (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. (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. (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. (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] 9 (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] (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] (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] (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. (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]

Section 8Verify source

§ 9Employment of civiliansProvision

Civilian employees may be appointed only in the numbers, for the purposes, and under the service conditions that are prescribed.

Section 9—Employment of Civilians. Civilian employees may be appointed in such numbers, for such purposes, in such manner and under such conditions of service, as may be prescribed.

Section 9Verify source

§ 10Board of InquiryProvision

The President, an authorised person, or a prescribed person may convene a Board of Inquiry when they consider it expedient to investigate matters connected with the Armed Forces or affecting its officers or personnel.

Section 10—Board of Inquiry. 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.

Section 10Verify source

§ 11Armed Forces CouncilSubstitution

This section creates an Armed Forces Council and says it must advise the National Redemption Council and the Executive Council on major defence and strategy policy matters.

Section 11—Armed Forces Council. (1) There shall be an Armed Forces Council which shall consist of— (a) the Commander-in-Chief who shall be Chairman; (b) the Chief of Defence Staff; (c) one service commander appointed by the Commander-in-Chief; (d) two other persons appointed by the Commander-in-Chief. (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 10 Forces, military budgeting and finance and administration.[As substituted by the Armed Forces (Amendment) Decree, 1972 (NRCD 45), s.3]

Section 11Verify source

§ 11AFunctions of Boarder Guards PART II—PERSONS SUBJECT TO CODE OF SERVICE DISCIPLINE, SERVICE OFFENCES, ETCAmendment

Certain Border Guards and seconded Armed Forces members may exercise officer powers under the Customs and Excise Decree, but not section 102 powers unless above sergeant rank; the Chairman of the National Redemption Council may issue written directions for Border Guards matters until regulations are made.

Section 11A—Functions of Boarder Guards. (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: Provided that no such member shall exercise any power under section 102 of that Decree unless he is above the rank of sergeant. (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. (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] PART II—PERSONS SUBJECT TO CODE OF SERVICE DISCIPLINE, SERVICE OFFENCES, ETC.

Section 11AVerify source

§ 12Persons subject to the Code of Service DisciplineOffence

Section 12 lists who is subject to the Code of Service Discipline, and says no one else is subject to it.

Section 12—Persons Subject to the Code of Service Discipline. (1) The following persons, and no others, shall be subject to the Code of Service Discipline: (a) every officer and man of each Regular Force; (b) every officer and man of each Regular Reserve Volunteer Force and Volunteer Reserve when he is— (i) undergoing drill or training whether in uniform or not, (ii) in uniform, (iii) on duty, (iv) on continuing, full-time military service, (v) on active service, (vi) in or on any vessel, vehicle or aircraft of the Armed Forces or in or on any defence establishment or work for defence, (vii) serving with any unit or other element of a Regular Force, or (viii) present, whether in uniform or not, at any drill or training of a unit or other element of the Armed Forces; 11 (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; (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; (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; (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 (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. (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. (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. (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. (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. (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. (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. (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— 12 (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, (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; (c) is a dependent out of Ghana of an officer or man serving beyond Ghana with that unit or other element, or (d) is embarked on a vessel or aircraft of that unit or other element.

Section 12Verify source

§ 13Aiding or abetting commission of offence, etcOffence

A person who helps, encourages, or joins in committing an offence can be guilty of the offence and punished the same as the main offender.

Section 13—Aiding or Abetting Commission of Offence, Etc. (1) In addition to the person who commits an offence, every person who— (a) does or omits an act for the purpose of aiding any person to commit the offence, (b) attempts to commit or abets any person in the commission of the offence, or (c) counsels or procures any person to commit the offence, 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. (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. (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.

Section 13Verify source

§ 14Offences by persons in command when in actionOffence

A person in command of certain armed forces assets commits an offence if, in the listed battle-related situations, they fail to exert themselves, encourage troops, defend, pursue, assist, or keep their station as required.

Section 14—Offences by Persons in Command When in Action. Every person in command of a vessel, aircraft, defence establishment, unit or other element of the Armed Forces who— (a) 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, (b) 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, (c) 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, (d) being in action, improperly withdraws from the action, (e) improperly fails to pursue an enemy or to consolidate a position gained, (f) improperly fails to relieve or assist a known friend to the utmost of his power, or (g) when in action, improperly forsakes his station, 13 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.

Section 14Verify source

§ 15Offences by any person in presence of enemyOffence

Section 15—Offences by Any Person in Presence of Enemy. Every person subject to the Code of Service Discipline who— (a) improperly delays or discourages any action against the enemy; (b) goes over to the enemy, (c) when ordered to carry out an operation of war, fails to use his utmost exertion to carry the order into effect, (d) improperly abandons or delivers up any defence establishment, garrison, place, material, post or guard, (e) assists the enemy with material, (f) improperly casts away or abandons any material in the presence of the enemy, (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, (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, (i) behaves before the enemy in such manner as to show cowardice, or (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, 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.

Section 15Verify source

§ 16Offences relating to securityOffence

People subject to the Code of Service Discipline commit an offence if they aid the enemy, disclose specified military or cryptographic information without authority, reveal or misuse signals/passwords, cause false alarms, neglect sentry duties, assault a sentinel, or act to prejudice security.

Section 16—Offences Relating to Security. Every person subject to the Code of Service Discipline who— (a) improperly holds communication with or gives intelligence to the enemy, (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, (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, (d) makes known the parole, watchword, password, countersign or identification signal to any person not entitled to receive it, 14 (e) gives a parole, watch word, password, countersign or identification signal different from that which he received, (f) without authority alters or interferes with any identification or other signal, (g) improperly occasions false alarms, (h) when acting as sentry or lookout, leaves his post before he is regularly relieved or sleeps or is drunk, (i) forces a safeguard or forces or strikes a sentinel, (j) does or omits to do anything with intent to prejudice the security of the Armed Forces or any forces cooperating therewith, 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.

Section 16Verify source

§ 17Offences relating to prisoners of warOffence

People subject to the Code of Service Discipline commit an offence if they become prisoners of war through specified neglect or disobedience, fail to rejoin the Armed Forces when able, or aid the enemy.

Section 17—Offences Relating to Prisoners of War. Every person subject to the Code of Service Discipline who— (a) by want of due precaution, or through disobedience of orders or wilful neglect of duty, is made a prisoner of war, (b) having been made a prisoner of war, fails to rejoin the Armed Forces when able to do so, or (c) having been made a prisoner of war, serves with or aids the enemy, 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.

Section 17Verify source

§ 18Offences relating to operations. 2Offence

Members subject to the Code of Service Discipline must not commit listed violence, theft, destruction, or other misconduct connected to operations; breaches are offences.

Section 18—Offences Relating to Operations. Every person subject to the Code of Service Discipline who— (a) does violence to any person bringing material to any of the Armed Forces or to any forces co-operating therewith, (b) irregularly detains any material being conveyed to any unit or other element of the Armed Forces or of any forces co-operating therewith, (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, (d) without orders from his superior officer, improperly destroys or damages any property, (e) breaks into any house or other place in search of plunder, (f) commits any offence against the property or person of any inhabitant or resident of a country in which he is serving, 15 (g) steals from or with intent to steal searches, the person of any person killed or wounded, in the course of warlike operations, (h) steals any money or property that has been left exposed or unprotected in consequence of warlike operations, or (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.

Section 18Verify source

§ 19Mutiny with violenceOffence

A person who joins a violent mutiny commits an offence and may be punished by death or a lesser punishment under the Act.

Section 19—Mutiny with Violence. 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.

Section 19Verify source

§ 20Mutiny without violenceOffence

Joining a non-violent mutiny is an offence.

Section 20—Mutiny without Violence. 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.

Section 20Verify source

§ 21Offences connected with mutinyOffence

A person commits an offence if they cause or try to promote a mutiny, fail to help suppress one when present, or fail to promptly report an actual or planned mutiny to a superior officer.

Section 21—Offences Connected with Mutiny. Every person who— (a) causes or conspires with any other person to cause a mutiny, (b) endeavours to persuade any person to join in a mutiny, (c) being present, does not use his utmost endeavours to suppress a mutiny, or (d) being aware of an actual or intended mutiny, does not without delay inform his superior officer thereof, 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.

Section 21Verify source

§ 22Disobedience of lawful commandOffence

A person who disobeys a lawful command from a superior officer commits an offence.

Section 22—Disobedience of Lawful Command. 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.

Section 22Verify source

§ 23Striking or offering violence to a superior officerOffence

A person must not strike, use violence, or threaten violence with a weapon against a superior officer.

Section 23—Striking of Offering Violence to a Superior Officer. 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.

Section 23Verify source

§ 24Insubordinate behaviourOffence

A person who uses threatening or insulting language to, or shows contempt toward, a superior officer commits an offence and may be dismissed with disgrace or otherwise punished under the Act.

Section 24—Insubordinate Behaviour. 16 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.

Section 24Verify source

§ 25Quarrels and disturbancesOffence

A person commits an offence if they quarrel or fight with, or use provoking words or gestures toward, someone subject to the Code of Service Discipline and tend to cause a quarrel or disturbance.

Section 25—Quarrels and Disturbances. 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.

Section 25Verify source

§ 26DisordersOffence

People subject to the Code of Service Discipline commit an offence if they refuse arrest orders, use violence against custody officers or others, resist an escort, or break out of specified places.

Section 26—Disorders. Every person subject to the Code of Service Discipline who— (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, (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, (c) resists an escort whose duty it is to apprehend him or to have him in charge, or (d) breaks out of barracks, station, camp, quarters or ship, 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.

Section 26Verify source

§ 27DesertionOffence

Desertion is an offence. A person who deserts can be imprisoned for life in some active-service cases, or up to five years in other cases.

Section 27—Desertion. (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. (2) For the purposes of this Act a person deserts who— (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; (b) having been warned that his vessel is under sailing orders, is absent without authority, with the intention of missing that vessel; (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, (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 (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 17 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. (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.

Section 27Verify source

§ 28Connivance at desertion, etcOffence

A person who knows about a soldier’s desertion, or intended desertion, must tell a superior officer right away unless there is a reasonable excuse, and must take steps to help apprehend a deserter if possible.

Section 28—Connivance at Desertion, Etc. Every person who— (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 (b) fails to take any steps in his power to cause the apprehension of a person known by him to be a deserter, 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.

Section 28Verify source

§ 29Absence without leaveOffence

A person who is absent without leave commits an offence and may be punished on conviction with imprisonment for less than two years or a lesser punishment under the Act.

Section 29—Absence Without Leave. (1) Every person who absents himself without leave 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. (2) A person absents himself without leave who— (a) without authority leaves his unit, formation or the place where his duty requires him to be; (b) without authority is absent from his unit, formation or the place where his duty requires him to be; or (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.

Section 29Verify source

§ 30False statement in respect of leaveOffence

A person who knowingly makes a false statement to extend leave of absence commits an offence.

Section 30—False Statement in Respect of Leave. 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.

Section 30Verify source

§ 31Abuse of inferiorsOffence

A person subject to the Code of Service Discipline commits an offence if they strike or otherwise ill-treat a subordinate person in the Armed Forces.

Section 31—Abuse of Inferiors. 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.

Section 31Verify source

§ 32Scandalous conduct by officers, etcOffence

Officers and other members of the Armed Forces commit an offence if they behave scandalously, cruelly, or disgracefully; conviction can lead to dismissal or imprisonment.

Section 32—Scandalous Conduct by Officers, Etc. (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. 18 (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.

Section 32Verify source

§ 33DrunkennessOffence

Members of the Armed Forces who are drunk, even when off duty, commit an offence and may be punished on conviction.

Section 33—Drunkeness. (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. (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.

Section 33Verify source

§ 34Malingering or maimingOffence

People subject to the Code of Service Discipline must not fake or worsen illness, or maim or injure themselves or others, with intent to make themselves or another person unfit for service.

Section 34—Malingering or Maiming. Every person subject to the Code of Service Discipline who— (a) malingers or feigns disease or produces disease or infirmity, (b) aggravates, or delays the cure of, any disease or infirmity by misconduct or wilful disobedience of orders, or (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, 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.

Section 34Verify source

§ 35Unnecessary detention of person in custodyOffence

People subject to the Code of Service Discipline must not unnecessarily detain another such person in arrest or confinement, and must bring the case to the proper authority for investigation or trial.

Section 35—Unnecessary Detention of Person in Custody. 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.

Section 35Verify source

§ 36Negligent or wilful interference with lawful custodyOffence

People subject to the Code of Service Discipline must not help a person in custody escape or be set free without authority.

Section 36—Negligent or Wilful Interference with Lawful Custody. Every person subject to the Code of Service Discipline who— (a) without authority sets free or authorizes or otherwise facilitates the setting free of any person in custody, (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 (c) assists any person in escaping or in attempting to escape from his custody, 19 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.

Section 36Verify source

§ 37Escape from custodyOffence

A person subject to the Code of Service Discipline commits an offence if they escape from lawful custody.

Section 37—Escape from Custody. 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.

Section 37Verify source

§ 38Obstruction of police duties, etcOffence

People subject to the Code of Service Discipline must not resist or obstruct an officer, and must assist when called upon, in duties connected with arrest, custody, or confinement of another such person.

Section 38—Obstruction of Police Duties, Etc. Every person subject to the Code of Service Discipline who— (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 (b) when called upon, refuses or neglects to assist an officer or man in the performance of any such 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.

Section 38Verify source

§ 39Obstruction of civil powerOffence

A person subject to the Code of Service Discipline must not refuse or neglect to hand over an officer or man to the civil power, or to help lawfully apprehend them in the stated circumstances.

Section 39—Obstruction of Civil Power. 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.

Section 39Verify source

§ 40Offences in relation to convoysOffence

An officer serving on a Ghana Navy convoy ship must defend convoyed ships, fight if attacked, and not abandon or expose them to danger, or face an offence and punishment on conviction.

Section 40—Offences in Relation to Convoys. Every officer who, while serving in one of the ships or vessels of the Ghana Navy involved in the convoying and protection of another ship or vessel— (a) fails to defend any ship, vessel or goods under convoy, (b) refuses to fight in the defence of a ship or vessel in his convoy when it is attacked, or (c) cowardly abandons or exposes a ship or vessel in his convoy to hazards, shall be guilty of an offence and on conviction shall be liable to suffer death or to any less punishment provided by this Act.

Section 40Verify source

§ 41Losing, stranding or hazarding vesselsOffence

A person who wilfully, negligently, or otherwise defaults in losing, stranding, or hazarding Armed Forces vessels commits an offence.

Section 41—Losing, Stranding or Hazarding Vessels. 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.

Section 41Verify source

§ 42Wrongful acts in relation to aircraft, etcOffence

A person commits an offence if, in relation to aircraft or aircraft material, they act or fail to act in ways that risk injury, damage, loss, or destruction; the penalty can be life imprisonment if done wilfully, or less than two years’ imprisonment in other cases.

Section 42—Wrongful Acts in Relation to Aircraft, Etc. 20 Every person who— (a) 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, (b) 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 (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, 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.

Section 42Verify source

§ 43Low flyingOffence

A person subject to the Code of Service Discipline commits an offence if they fly an aircraft below the prescribed minimum height.

Section 43—Low Flying. 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.

Section 43Verify source

§ 44Inaccurate certificateOffence

A person who signs an inaccurate certificate about an aircraft or aircraft material commits an offence unless they can show they took reasonable steps to make it accurate.

Section 44—Inaccurate Certificate. 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.

Section 44Verify source

§ 45Disobedience of captain's ordersOffence

A person subject to the Code of Service Discipline commits an offence if, while in an aircraft, they disobey a lawful command from the aircraft captain about flying, handling, or safety.

Section 45—Disobedience of Captain's Orders. (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. (2) For the purposes of this section— (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 (b) 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. 21

Section 45Verify source

§ 46Disturbances, etc., in billetsOffence

People subject to the Code of Service Discipline must not ill-treat billeted occupants or related premises, must follow certain regulations, and may be punished on conviction.

Section 46—Disturbances, Etc. in Billets. Every person subject to the Code of Service Discipline who— (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 (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, 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.

Section 46Verify source

§ 47Offences in relation to documentsOffence

A person must not make false statements, leave material blanks, or tamper with documents or files covered by this Act or its regulations.

Section 47—Offences in Relation to Documents. Every person who— (a) wilfully or negligently makes a false statement or 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; (b) when signing a document required for such purposes, leaves blank any material part for which his signature is a voucher; or (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, 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.

Section 47Verify source

§ 48Conspiracy. 3Offence

A person who conspires with another person to commit an offence under the Code of Service Discipline commits an offence.

Section 48—Conspiracy. 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.

Section 48Verify source

§ 49Causing firesOffence

A person who wilfully, negligently, or contrary to regulations causes or is likely to cause fire in a material, defence establishment, or work for defence commits an offence.

Section 49—Causing Fires. 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.

Section 49Verify source

§ 50Unauthorised use of vehiclesOffence

It is an offence for any person to use an Armed Forces vehicle without authority, for an unauthorised purpose, or contrary to any regulation, order, or instruction.

Section 50—Unauthorised Use of Vehicles. Every person who— 22 (a) uses a vehicle of the Armed Forces for an unauthorised purpose, (b) without authority uses a vehicle of such Forces for any purpose, or (c) uses a vehicle of such Forces contrary to any regulation under this Act, order or instruction, 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.

Section 50Verify source

§ 51Destruction, loss or improper disposalOffence

People subject to the Code of Service Discipline must not destroy, damage, lose, sell, pawn, or otherwise dispose of the listed property and decorations; doing so is an offence and can lead to imprisonment for less than two years or another lesser punishment.

Section 51—Destruction, Loss or Improper Disposal. Every person subject to the Code of Service Discipline who— (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 (b) sells, pawns, or otherwise disposes of any cross, medal, insignia or other decoration, 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.

Section 51Verify source

§ 52Stealing, etcOffence

People subject to the Code of Service Discipline must not steal, fraudulently misapply, or knowingly receive stolen or fraudulently misapplied property.

Section 52—Stealing, Etc. (1) Every person subject to the Code of Service Discipline who— (a) steals or fraudulently misapplies any property, or (b) receives any such property knowing it to have been stolen or fraudulently misapplied, 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. (2) In this section " stealing " shall have the same meaning as in the Criminal Code (Act 29).

Section 52Verify source

§ 53False accusation, etcOffence

People subject to the Code of Service Discipline must not make false accusations, knowingly make false statements, or suppress material facts in redress matters; doing so is an offence.

Section 53—False Accusation, Etc. Every person subject to the Code of Service Discipline who— (a) makes false accusation against any officer or man, knowing such accusation to be false, or (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 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, 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.

Section 53Verify source

§ 54Conduct to the prejudice of good order and disciplineOffence

Acts, conduct, disorder, or neglect prejudicial to good order and discipline are offences, and conviction can lead to dismissal with disgrace or a lesser punishment under the Act.

Section 54—Conduct to the Prejudice of Good Order and Discipline. (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. (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 23 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. (3) An act or omission constituting an offence under section 13, or a contravention by any person of— (a) any of the provisions of this Act; (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 (c) any general, garrison, unit, station, standing, local or other orders, shall be an act, conduct, disorder or neglect to the prejudice of good order and discipline. (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. (5) Nothing in subsection (3) or (4) affects the generality of subsection (1).

Section 54Verify source

§ 55Miscellaneous offencesOffence

People subject to the Code of Service Discipline commit an offence if they engage in the listed misconduct in section 55.

Section 55—Miscellaneous Offences. Every person subject to the Code of Service Discipline who— (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, (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, (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, (d) demands or accepts compensation, consideration or personal advantage for convoying a vessel entrusted to his care, (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 (f) commits any act of a fraudulent nature not expressly specified in the Code of Service Discipline, 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.

Section 55Verify source

§ 56Conviction of related or less serious offences. PART III—TRIAL AND PUNISHMENT OF SERVICE OFFENCESOffence

This section lets a person charged with one service-offence variant be found guilty of a related or less serious offence instead.

Section 56—Conviction for Related or Less Serious Offences. 24 (1) A person charged with desertion may be found guilty of attempting to desert or of being absent without leave. (2) A person charged with attempting to desert may be found guilty of being absent without leave. (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. (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. (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. (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. PART III—TRIAL AND PUNISHMENT OF SERVICE OFFENCES

Section 56Verify source

§ 57Arrest generallyOffence

A person may be arrested if they have committed, are committing, are about to commit, or are suspected of or charged with a service offence. A person authorised to arrest may use reasonably necessary force.

Section 57—Arrest Generally. (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. (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.

Section 57Verify source

§ 58Powers of officers and men relating to arrestOffence

Officers and men may arrest or order arrests without a warrant in the situations listed here, and such orders must be obeyed.

Section 58—Powers of Officers and Men Relating to Arrest. (1) An officer may, without a warrant, in the circumstances mentioned in section 57 arrest or order the arrest of — (a) any man; (b) any officer of equal or lower rank; and (c) any officer of higher rank who is engaged in a quarrel or fray or in any disorder. (2) A man may, without a warrant, in the circumstances mentioned in section 57, arrest or order the arrest of— (a) any man of lower rank; and (b) any man of equal or higher rank who is engaged in a quarrel or fray or in any disorder. (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. (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 25 warrant be arrested or ordered to be arrested by such person as any commanding officer may designate for that purpose.

Section 58Verify source

§ 59Appointment and powers of specially appointed personnelOffence

Appointed officers and men may arrest or detain without a warrant certain persons subject to the Code of Service Discipline, and may also use other prescribed powers to carry it out.

Section 59—Appointment and Powers of Specially Appointed Personnel. Such officers and men as are appointed under regulations for the purposes of this section may— (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 (b) exercise such other powers for carrying out the Code of Service Discipline as may be prescribed.

Section 59Verify source

§ 60Disposal of person arrestedOffence

Section 60 says what may happen to a person arrested under this Part, and requires custody officers to provide written accounts within 24 hours.

Section 60—Disposal of Person Arrested. (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. (2) An officer or man commanding a guard, guardroom or safeguard or an officer 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. (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).

Section 60Verify source

§ 61Report of delay of trial, etcOffence

If a service member is kept in custody without a summary trial or court-martial, the commanding officer must report the delay, the person may petition for release after 28 days, must be released after 90 days unless trial steps have started, and cannot be re-arrested except by written order.

Section 61—Report of Delay of Trial, Etc. (1) Where a person triable under the Code of Service 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. (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 26 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. (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.

Section 61Verify source

§ 62Alleged charge to be reported to a Disciplinary BoardSubstitution

An allegation that a person committed a service offence must be reported as a charge to a Disciplinary Board appointed by the Commanding Officer before it is dealt with.

Section 62—Alleged Charge to be Reported to a Disciplinary Board. (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. (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]

Section 62Verify source

§ 63Summary trials of subordinate officers or men below the rank of Warrant OfficerSubstitution

This section allows certain subordinate officers and men below Warrant Officer rank to be tried summarily by a Disciplinary Board, sets conditions for that trial, limits some punishments, and requires approval for some punishments or excess detention.

Section 63—Summary Trials of Subordinate Officers or Men Below the Rank of Warrant Officer. (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. (2) A Disciplinary Board may try an accused person by summary trial if all of the following conditions are satisfied: (a) the accused person is either a subordinate officer or a man below the rank of Warrant Officer; (b) having regard to the gravity of the offence, the Disciplinary Board considers that its power of punishment are adequate; (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 (d) the offence is not one that under such regulations the Disciplinary Board is precluded from trying. (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: (a) detention for a period not exceeding ninety days subject to the following provisions: (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 27 (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; (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; (c) forfeiture of seniority; (d) severe reprimand; (e) reprimand; (f) a fine not exceeding basic pay for one month; (g) stoppages; and (h) such minor punishments as may be prescribed. (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. (5) In subsection (3) of this section "approving" authority means: (a) any officer not below the rank of Commodore, Brigadier or Air Commodore; or (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. (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: (a) detention not exceeding fourteen days; (b) severe reprimand; (c) reprimand; (d) a fine not exceeding basic pay for fourteen days; and (e) such other minor punishments as may be prescribed. (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. (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]

Section 63Verify source

§ 64Summary trials of Officers below the rank of Commander Lieutenant-Colonel, Wing Commander or Warrant OfficerSubstitution

This section lets a Disciplinary Board summary-try certain lower-ranking officers and warrant officers charged with service offences, but not anyone entitled to court martial; it may dismiss charges or impose specified punishments, and it must tell the accused about the right to request evidence on oath.

Section 64—Summary Trials of Officers Below the Rank of Commander, Lieutenant-Colonel, Wing Commander or Warrant Officer. (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 28 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. (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. (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; (a) forfeiture of seniority: (b) severe reprimand; (c) reprimand; and (d) fine. (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. (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]

Section 64Verify source

§ 64ADecisions of Disciplinary Board to be by majorityAmendment

A Disciplinary Board covered by sections 63 and 64 must decide by a majority of its members.

Section 64A—Decisions of Disciplinary Board to be by Majority. 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 as Armed Forces (Amendment) Law, 1983 (PNDCL 63), s.10]

Section 64AVerify source

§ 64BModification of the Armed Forces Regulations, 1970(C.I.12) (Vol.II)Amendment

This section changes how certain Armed Forces discipline rules are applied, including summary trials and references to Commanding Officers and delegated officers.

Section 64B—Modification of the Armed Forces Regulations, 1970 (CI 12) (Vol. II). (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. (2) Notwithstanding the provisions of any enactment any reference in chapter 108 of the said Armed Forces (Discipline) Regulations, 1970 (CI 12): (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; (b) to a "Commanding Officer" shall be deemed to be reference to a Disciplinary Board of which the Commanding Officer is the Chairman or to a "delegated Officer" shall be deemed to be reference to a Disciplinary Board of which the Chairman is an officer not below the rank of 29 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]

Section 64BVerify source

§ 65Convening authoritiesSubstitution

The Council, or authorities it authorises, may convene general and disciplinary courts martial. An authority that convenes one may appoint specified military officers, and in some cases two men where the accused is a man.

Section 65—Convening Authorities. (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. (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]

Section 65Verify source

§ 66Number of members of General Court-Martial, etcSubstitution

A general court martial must have at least five officers, and the panel’s rank composition changes depending on the accused person’s rank.

Section 66—Number of Members of General Court Martial, Etc. (1) 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] (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)] (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. (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. (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.

Section 66Verify source

§ 67Jurisdiction of general court-martialOffence

A general court-martial may try a person subject to the Code of Service Discipline if the person is alleged to have committed a service offence.

Section 67—Jurisdiction of General Court-Martial. A general court-martial may try any person subject to the Code of Service Discipline who is alleged to have committed a service offence.

Section 67Verify source

§ 68Judge advocateProvision

The Chief Justice must appoint a person to act as judge advocate at a general court-martial.

Section 68—Judge Advocate. The Chief Justice shall appoint a person to officiate as judge advocate at a general court-martial.

Section 68Verify source

§ 69Ineligibility to serve on general court-martialSubstitution

Certain people are not allowed to serve as members of a general court martial.

Section 69—Ineligibility to Serve on General Court Martial. None of the following persons shall sit as a member of a general court martial: (a) the officer who convened the court martial; (b) the prosecutor; 30 (c) a witness for the prosecution; (d) the Commanding Officer of the accused person; (e) a provost officer; (f) an officer or man who is under the age of twenty-one years; (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 (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]

Section 69Verify source

§ 70Number of members of disciplinary court-martialSubstitution

This section sets the minimum and maximum membership of a disciplinary court-martial, requires the president to be appointed by the convening authority (or an empowered officer), and sets rank requirements for that president.

Section 70—Number of Members of Disciplinary Court Martial. (1) 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] (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. (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.

Section 70Verify source

§ 71Jurisdiction of disciplinary court-martialOffence

A disciplinary court-martial may try certain service members for alleged service offences, subject to any limits set by regulations under the Act.

Section 71—Jurisdiction of Disciplinary Court-Martial. 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.

Section 71Verify source

§ 72Punishment by disciplinary court-martialProvision

A disciplinary court-martial must not impose a sentence with punishment higher than dismissal with disgrace from the Armed Forces, or higher than any other punishment that may be prescribed.

Section 72—Punishment by Disciplinary Court-Martial. 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.

Section 72Verify source

§ 73Judge advocate of disciplinary court-martialProvision

The Chief Justice may appoint a person to act as judge advocate at a disciplinary court-martial.

Section 73—Judge Advocate of Disciplinary Court-Martial. The Chief Justice may appoint a person to officiate as judge advocate at a disciplinary court- martial.

Section 73Verify source

§ 73AJudge Advocate-GeneralSubstitution

The Commander-in-Chief may appoint a Judge Advocate-General after consulting the Chief Justice.

Section 73A—Judge Advocate-General. (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- 31 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. (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]

Section 73AVerify source

§ 74Ineligibility to serve on disciplinary court-martial. 4Substitution

Certain listed people must not sit as members of a disciplinary court martial.

Section 74—Ineligibility to Serve on Disciplinary Court Martial. None of the following persons shall sit as a member of a disciplinary court martial: (a) the officer who convened the court martial; (b) the prosecutor; (c) a witness for the prosecution; (d) the commanding officer of the accused person; (e) a provost officer; (f) an officer or man who is under the age of twenty-one years; (g) a man below the rank of the accused person where the accused is a man; (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]

Section 74Verify source

§ 75Principles of civil court to be observed generallyProvision

A service tribunal should follow the same rules of evidence and procedure as a civil court, unless this Act or regulations expressly provide otherwise.

Section 75—Principles of Civil Court to be Observed Generally. 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.

Section 75Verify source

§ 76Offences in respect of service tribunalsInterpretation

Section 76 makes certain conduct before a service tribunal an offence, with imprisonment on conviction and a special short detention order for some court-martial cases.

Section 76—Offences in Respect of Service Tribunals. (1) For the purposes of this section, "service tribunal", 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. (2) Every person who— (a) being duly summoned or ordered to attend as a witness before a service tribunal, makes default in attending, (b) refuses to take an oath or make a solemn affirmation lawfully required by a service tribunal to be taken or made, (c) refuses to produce any document in his power or control lawfully required by a service tribunal to be produced by him, (d) refuses when a witness to answer any question to which a service tribunal may lawfully require an answer, 32 (e) uses insulting or threatening language before or causes any interruption or disturbance in the proceedings of a service tribunal, or (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, 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.

Section 76Verify source

§ 77Service trial of civil offencesOffence

A service tribunal must punish a person convicted under this section, and the punishment depends on whether another enactment sets a minimum penalty or a specific penalty.

Section 77—Service Trial of Civil Offences. (1) An act or omission— (a) that takes place in Ghana and is punishable by a civil court or under any other enactment, or (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, shall be an offence and every person convicted thereof shall be liable to suffer punishment as provided in subsection (2). (2) Subject to subsection (3), where a service tribunal convicts a person under subsection (1), the service tribunal shall— (a) if under any other enactment a minimum penalty is prescribed, impose a penalty in accordance with the enactment prescribing that minimum penalty; or (b) in any other case, (i) impose the penalty prescribed for the offence by that other enactment, or (ii) impose dismissal with disgrace from the Armed Forces or any less punishment provided by this Act. (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). (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.

Section 77Verify source

§ 78Scale of punishmentsOffence

Section 78 lists the punishments that may be imposed for service offences and sets special rules and limits for boys, certain ranks, detention, fines, and imprisonment.

Section 78—Scale of Punishments. The following punishments may be imposed in respect of service offences:— 33 (a) death; (b) imprisonment for two years or more; (c) dismissal with disgrace from the Armed Forces; (d) imprisonment for less than two years; (e) dismissal from the Armed Forces; (f) detention; (g) reduction in rank or in the case of the navy, disrating; (h) forfeiture of seniority; (i) in the case of the navy, dismissal of an officer from the ship to which he belongs; (j) severe reprimand; (k) reprimand; (1) fine; (m) stoppages; and (n) such other minor punishments as may be prescribed. 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 " scale of punishments ". (2) Notwithstanding anything to the contrary in subsection (1), the following punishments shall be the punishments that may be imposed on boys:— (a) dismissal from the army by his commanding officer, subject to the confirmation of the prescribed authority; (b) fine, not exceeding ten shillings imposed by his commanding officer, or not exceeding five shillings, imposed by the officer commanding Junior Leaders Company; (c) detention, not exceeding twenty-one days, imposed by his commanding officer; (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; (e) confinement to barracks for a period not exceeding fourteen days, imposed by his commanding officer; (f) extra drills or classes for offences committed during drills or classes; (g) six strokes of the cane under supervision of an officer; (h) admonishment; and (i) such other punishments as may be prescribed. 34 In addition to any punishment referred to in the preceding paragraphs, the following punishments may be imposed on a boy non-commissioned officer:— (i) reduction or deprivation of rank by his commanding officer; and (ii) reprimand or severe reprimand. (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 "less punishment" means any one or more of the punishments lower in the scale of punishments than the specified punishment. (4) The punishment of imprisonment for two years or more or imprisonment for less than two years shall be subject to the following conditions— (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; (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; (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; (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; (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; (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 punishment is specified in the sentence passed by the service tribunal; and (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. (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. 35 (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. (7) The punishment of detention shall be subject to the following conditions:— (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; (b) no officer may be sentenced to detention; and (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. (8) The punishment of reduction in rank shall apply to officers, warrant officers, chief petty officers, petty officers, non-commissioned officers and leading ratings. (9) The punishment of reduction in rank shall not— (a) involve reduction to a rank lower than that to which under regulations the offender can be reduced; (b) in the case of a commissioned officer, involve reduction to a rank lower than commissioned rank; and (c) in the case of a subordinate officer, involve reduction to a rank lower than an inferior grade of subordinate officer. (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. (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. (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. (13) Stoppages shall be effected in the manner prescribed in regulations. (14) The authority of a service tribunal to impose punishments may be limited in accordance with regulations. (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 36 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.

Section 78Verify source

§ 79No limitationOffence

People alleged to have committed a service offence may be charged, dealt with, and tried under the Code of Service Discipline, whether the alleged offence happened in Ghana or outside Ghana.

Section 79—No Limitation. (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: Provided that a service tribunal shall not try any person charged with the offence of murder, rape and manslaughter, committed in Ghana. (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.

Section 79Verify source

§ 80Time barOffence

A service tribunal trial is time-barred unless it starts within 3 years of the alleged offence, but certain service offences remain chargeable and triable at any time.

Section 80—Time Bar. (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. (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. (3) In calculating the period of limitation referred to in sub-section (1), there shall not be included— (a) time during which a person was a prisoner of war; (b) any period of absence in respect of which a person has been found guilty by any service tribunal of desertion or absence without leave; and (c) any time during which a person was serving a sentence of incarceration imposed by any court other than a service tribunal.

Section 80Verify source

§ 81Autrefois acquit and autrefois convictOffence

A person who has already had a service-offence charge dismissed, or has been found guilty or not guilty by a service tribunal or civil court, must not be tried again by a service tribunal for that offence or a related offence on the same charge.

Section 81—Autrefois Acquit and Dautrefois Convict. (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. (2) Nothing in subsection (1) shall affect the validity of a new trial ordered under section 84 or section 92.

Section 81Verify source

§ 82Quashing of findings of service tribunalsSubstitution

The President, or an authority authorised by the President, may quash a guilty finding made by a service tribunal.

Section 82—Quashing of Findings of Service Tribunals. (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. 37 (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. (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.

Section 82Verify source

§ 83Substitution of findings for original findings of service tribunalsSubstitution

The President, or authorities authorised by him, may replace certain service tribunal guilty findings and may also replace the punishment if the original sentence is too severe or exceeds what this Act allows.

Section 83—Substitution of Findings for Original Findings of Service Tribunals. (1) The President or such other authorities as may be authorised in that behalf by him may— (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; (b) substitute for the finding of guilty made by a service tribunal a new finding of guilty of some other offence if— (i) the tribunal could on the charge have found the offender guilty under section 56 of that other offence; (ii) the tribunal could have found the offender guilty of that other offence on any alternative charge that was laid, and it appears that the facts proved him guilty of that other offence. (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.

Section 83Verify source

§ 84New trialOffence

A Commander may order a new trial after a guilty finding by a service tribunal if there was a legal irregularity, and the President may dispense with a new trial.

Section 84—New Trial. (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. (2) Where at a new trial held pursuant to this section a person is found guilty— (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; (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 38 (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. (3) The President may dispense with any new trial directed under this section or under section 92.

Section 84Verify source

§ 85Substitution of punishments for original punishments of service tribunalsSubstitution

If a service tribunal includes an illegal punishment in a sentence, the President or another authority authorized by him may replace it with a new punishment, subject to prescribed conditions.

Section 85—Substitution of Punishments for Original Punishments of Service Tribunals. 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 punishment as such authority considers appropriate.

Section 85Verify source

§ 86President's power to mitigate punishments, etcProvision

The President, or an authority he authorises, may reduce, commute, or cancel punishments in a service tribunal sentence, subject to prescribed conditions.

Section 86—President's Power to Mitigate Punishments, Etc. 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.

Section 86Verify source

§ 87Effect of new punishmentSubstitution

If a new punishment replaces a service tribunal punishment because of substitution or commutation, it is treated as if the service tribunal had imposed it originally.

Section 87—Effect of New Punishment. 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.

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§ 88Saving provisionProvision

This section preserves the Act’s power to quash findings or alter findings and sentences.

Section 88—Saving Provision. 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.

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§ 89Establishment of Court-Martial Appeal Court, etcProvision

A Court-Martial Appeal Court must be established to hear and decide appeals from court-martial decisions.

Section 89—Establishment of Court Martial Appeal Court, Etc. (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. (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.

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§ 90Jurisdiction of Court-Martial Appeal CourtProvision

A person found guilty by a court-martial has a right to appeal to the Court-Martial Appeal Court.

Section 90—Jurisdiction of Court Martial Appeal Court. 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:— (a) the legality of any or all of the findings; and (b) the legality of the whole or any part of the sentence.

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§ 91Special power of Court-Martial Appeal Court to disallow appealProvision

The Court-Martial Appeal Court may disallow an appeal if it writes that there has been no substantial miscarriage of justice.

Section 91—Special Power of Court-Martial Appeal Court to Disallow Appeal. 39 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.

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§ 92Court-Martial Appeal Court to set aside appeal, etcSubstitution

If the Court-Martial Appeal Court allows an appeal, it may set aside the guilty finding and order not guilty or a new trial; in some cases it may substitute a finding of guilty for another offence and refer punishment back for review.

Section 92—Court Martial Appeal Court to Set Aside Appeal, Etc. (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— (a) set aside the finding and direct a finding of not guilty to be recorded in respect of that charge; or (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. (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. (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— (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 (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. (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— (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 (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. (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.

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§ 93Substitution of new punishment for illegal punishment set asideSubstitution

If a court-martial appeal succeeds, the appeal court must send the case to the President or another authorised authority, which may replace the punishment with a new one.

Section 93—Substitution of New Punishment for Illegal Punishment Set Aside. Upon the hearing of an appeal respecting the legality of a sentence passed by a court-martial, the Court-Martial Appeal Court, if it allows the appeal, shall forthwith refer the proceedings to the 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- 40 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.

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§ 94New punishments subject to President's power of mitigationProvision

A new punishment becomes eligible for mitigation, commutation, remission, or suspension in the same way and to the same extent as if the court-martial had imposed it.

Section 94—New Punishments Subject to President's Power of Mitigation. 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.

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§ 95Jurisdiction of civil courtsOffence

When a civil court later tries someone for the same service offence, it must take the earlier service tribunal punishment into account; if the court acquits or convicts, the remaining term of certain tribunal imprisonment or detention is treated as fully remitted.

Section 95—Jurisdiction of Civil Courts. (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. (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. (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.

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§ 96Certificate of civil court. PART IV—GENERALOffence

If a person subject to the Code of Service Discipline has been tried by a civil court, an authorized court officer must provide a certificate to an Armed Forces officer on request, and a prescribed fee must be paid for it.

Section 96—Certificate of Civil Court. 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. PART IV—GENERAL

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§ 97RegulationsProvision

The Commander-in-Chief may make regulations for the Armed Forces, after consulting the Armed Forces Council, by legislative instrument.

Section 97—Regulations. (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 fo

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Legislative relationships

17 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

10 instruments

Armed Forces Regulations, 1970
Section 64B
Armed Forces. 7 There shall be raised and maintained in accordance with the provisions of this Act
Section 1
Captain's Orders. (1) Every person subject to the Code
Section 45
Civil Court to be Observed Generally. Save as otherwise expressly provided in this Act
Section 75
Civil Court. Where any person subject to the Code
Section 96
Civil Courts. (1) Nothing in the Code
Section 95
Civil Power. Every person subject to the Code
Section 39
Commander-in-Chief under this Act
Section 11
Disciplinary Court-Martial. Subject to any limitation prescribed in regulations made under this Act
Section 71
Enemy. Every person subject to the Code
Section 15

G–M

3 instruments

General Court-Martial. A general court-martial may try any person subject to the Code
Section 67
Ghana. (3) Until regulations are made under section 97 of this Act
Section 11A
Inferiors. Every person subject to the Code
Section 31

N–S

3 instruments

New Punishment. Where under the authority of this Act
Section 87
Person in Custody. Every person subject to the Code
Section 35
Service Discipline Section 12 lists who is subject to the Code
Section 12

T–Z

1 instrument

War. Every person subject to the Code
Section 17

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