Civil Defence (Arrests, Searches, Investigation and Trial of Offences) Regulations

A warrant of arrest issued under section 58(1) of the Act shall be in Form 1 set out in the Schedule.

A disciplinary officer may issue a warrant of arrest against any person over whom the disciplinary officer has power of arrest.

A warrant of arrest may contain —

Every warrant of arrest shall remain in force until executed or cancelled.

The investigating officer shall keep a diary recording every act done by him in the course of the investigation.

The investigating officer shall include in the record the following:

An accused person shall not be entitled either before or in the course of a trial to call for or to inspect any such diary.

A list of all things taken from any person pursuant to section 67 of the Act shall be prepared by the person making the search and signed by him and by the third person who witnessed the search.

At the request of the person from whom things have been taken under paragraph (1), a copy of the list prepared and signed under this regulation shall be given to the person.

Every charge against a person shall be recorded on a charge report which shall —

Every statement of the particulars of an offence in a charge report shall include sufficient details to enable the accused to know exactly what he is charged with.

A statement of the particulars of an offence should, as far as practicable, include an allegation of the place, date and time of the alleged commission of the offence.

If there is more than one charge, the charge reports should be numbered and, when laid in the alternative, the alternative nature of the charges involved shall be indicated on the charge report.

When an allegation against a person that he has committed a service offence is reported in the form of a charge to a disciplinary officer who is empowered to deal with him under section 72 of the Act, he shall, unless it is impracticable, have the accused brought before him within 48 hours of the report being made to him, inform him of the charge against him and begin to deal with it.

If a disciplinary officer is of the opinion that the charge should not be dealt with by him, he shall refer the charge together with his reasons to his immediate superior officer in command who shall either direct that the charge be tried by the disciplinary officer who referred the charge or by another disciplinary officer or refer the charge with his recommendations to the Commissioner for a decision.

If it is directed under paragraph (2) that the charge is to be dealt with by another disciplinary officer, the disciplinary officer shall, unless it is impracticable, have the accused brought before him within 48 hours of the charge being referred to him, inform him of the charge against him and begin to deal with it.

Subject to paragraphs (2) and (3), when a disciplinary officer deals with a charge he shall first read and, if necessary, explain the charge to the accused and shall then —

Notwithstanding paragraph (1) —

Where the evidence revealed in accordance with paragraph (1) discloses an offence other than the offence which is the subject of the investigation, a new charge alleging that offence may be preferred against the accused in addition to, or in substitution for, the original charge and the investigation of the original charge may be treated, for the purposes of these Regulations, as the investigation of the added or substituted charge.

Before a charge is referred to the Commissioner under section 70(2)(a) of the Act, the disciplinary officer shall cause it to be investigated by an investigating officer.

When the Disciplinary Board appointed under section 76(1) of the Act deals with a charge against an officer of or above the rank of lieutenant-colonel, it shall deal with it in the best manner that is calculated to achieve the ends of justice.

Without prejudice to paragraph (1), the Disciplinary Board shall, when dealing with a charge against an officer of or above the rank of lieutenant-colonel, follow, with such modifications and variations as may be necessary, the same procedure as that prescribed for a disciplinary officer when dealing with a charge.

The report required by section 63(5) and (6) of the Act with regard to the delay in having the charge disposed of or tried by a disciplinary officer shall be in Form 2 set out in the Schedule.

The report must be sent to —

Where the evidence before a disciplinary officer is to be taken on oath or affirmation, the disciplinary officer shall cause the oath or affirmation to be taken as follows:

A person making a solemn affirmation shall say to or repeat after the person administering the solemn affirmation the words of the appropriate form of oath except that for the words “I swear” he shall substitute the words “I (name in full) do solemnly, sincerely and truly declare and affirm” and shall omit the words “So help me God”.

The opening words of the oath or affirmation may be varied to such words and the oath or affirmation may be administered in such manner as the person taking the oath or affirmation declares to be binding on his conscience.

A charge report shall be prepared in Form 3 set out in the Schedule.

The proceedings before a junior disciplinary officer or a senior disciplinary officer shall be recorded in Form 4 set out in the Schedule.

The proceedings before a Disciplinary Board shall be recorded in Form 5 set out in the Schedule.

The terms of payment of a fine shall be within the discretion of the disciplinary officer.

Without prejudice to the generality of paragraph (1), a disciplinary officer may —

The punishment of extra duty and drill may include performance by the offender, each day, of —

The punishment of extra duty and drill referred to in paragraph (1) shall not be carried out on a designated rest day but that day shall count towards the completion of the term of the punishment.

For the purposes of paragraph (2), “designated rest day”, in relation to an offender, means the day of each week designated as the offender’s rest day in the Civil Defence General Orders made under section 110 of the Act.

Where two or more charges have been preferred against an accused and a disciplinary officer proposes to deal with them all, he shall deal with all the charges at the same time.

When dealing with two or more charges a disciplinary officer may award one punishment for all the charges or separate punishments for each charge as he thinks fit.

A punishment awarded by a disciplinary officer, whether the person to whom it is to be awarded is already undergoing punishment or not, shall take effect from the date of award, unless the disciplinary officer awarding the punishment otherwise directs.