DEFENCE NOTES.

Dominion, Volume 4, Issue 948, 15 October 1910, Page 12

DEFENCE NOTES.

[Edited By Echelon.] BRITISH TERRITORIALS' LIABILITIES. ' • AN INTERESTING ANALYSIS. An English barrister contributes to the "Military Mail"' the following interesting analysis of the law which governs the lia-. biliti-es of-the British Territorial-soldier. The- regulations of - the British - Territorial. Force will ..no doubt be . taken as tho model for tho . New Zealand . Territorials, so , far as they apply , under tho new Act:— " "In, view of the interest that, has been, aroused by certain cases recently, brought: before the, Courts, it would perhaps be well that evory, Territorial.. should understand. exactly .-the''liabilities- that he- incurs,when ho takes the oath.of allegiance.' .These liabilities: could not have, tho effect, of deterring any keen' soldier, but they: might prevent the enlistment; of men. of the. class that, laughs -at discipline, and thinks orders need- only be complied with so'far as' suits his own inclination,'., "In the first place, 1 , it is "well to oorrect the idea put forward by some ill-informed journals that the 1 Territorial is now very much at the mecry of the authorities. It is' true that: the conditions of service,, are stricter, but there is . nothing in any way to appal the man who goes into the work with the' idea, of doing his: best and becoming : an-' efficient soldier: of -. the... King., "Under the new. order of things tho .most-serious change that has taken plaoo 'is , in, the. liability -of . the - afficer, . who, formerly,; ..like; . the ' : non-commissioned officer and man; . was only', under < military , law,' when brigaded;-,.with Regular troops, or: up. for the annual training,' has now been : placed on; the itome'status' as the Regular and Special-Reserve ,officer, l and is at- all times subject to : ; military law. :_Thus iV follows 'mat, ! even. when' following .their Ordinary, civil occupations; if: a subaltern struck' a, .captain,'-the offenco could bo tried by a General Court-. Martial. •-. ' 'r:. \'V; v ;-' v "Coming to the question of . the', men,- we find?,that the Territorial N.C.O. and man is subject to military law- when.lv ■ .;;(a) Being trained ; : or" exercised;either alone' or with 7 any "portion of tho '-. Regular Forces or- otherwise; - ' V ; (b) -When .attached to -. or otherwise act- . . ing. as part, of'or with any Regular Forces; V- : (c) When embodied; - (d) When. called out for acted military service for' purposes of defence in '- pursuance of , any -agreement. : "With regard-to (b), (c), and .(d) nothing , need be said, as these, provisions; explain. themselves, but it is with regard' to (a) that : the most uncertainty, appears-.to exist. -To elucidate the'matter soh\e'what : it is explained .in paragraph: 216 ;T.F'. Regulations that: "a; soldier when on parade or, performing. any military; duty,required , of ;hiin by, these regulations or ordered by his C.0.,\ is; being ; -trained .or exercised within-the meaning; of tho Act. -X: ' 4 lt is a'common .error" that'.the,; :T«m,'torial ,:is,. subjectto ' -militarylaw-only whence is in uniform; From the read-, ing of tho Act .it is apparent that while : a-Territorial can' be.tried by. military-law for aii ; offence .committed at: a' plainclothes drill, he could not.be so tried i'or a crinie against • military discipline, committed while not on drill but in uniform.', Thus v •.the base; of a Territorial who had, put on' his uniform and gone'-forth- to engage, in ja - drunken, frolic /couldonly be met by.; his discharge for ' 'unsatisfactory conduct' .by tho officer commanding .Mnder Vparagraph 156, iv. TJF.R.V, , 1 '■'The. actual I .moment at which a -man ;oom'es ! under -' military law is somewhat .difficult to'define, but'.-, in, che-absence' of ■other-: authority:, the .point appears 'to be .settled by the cae. ; of-Marks v.,-Frogley (1898),. 1 Q. 8., 888, which in tho caso of Militiamen and Volunteers laid down- that the ■ liability .extended: from 'the - time of falling- in . the' time of dismissal. The 'Words 'performing auy'.military duty required of)him'. by. these regulations'or-'br-aered, by hia C.O.' would seem; to .cover, |jojjrheys } to the. range, :and almost ,tp r mak() !a'i'mafi' liable:frfim'The time!h'e leaves^ home, with the intention-of-attending '.a, drill that has been - ordered.'.v It is very-, doubtful, however, whether such a strained ' interpretation.. of' the: Act' would i'Bo allowed. As a general rule,-disobedience ;of,orders or. neglect of duty will be dealt .with under'Section .9, 4, of the, Territorial and: Reserve iForces Act, 'whioh gives -the commanding officer the'powers of'dismissal- in, the' case - of, theso and similar. offences. . - : -h -i '-v -/J-.

"As: regards the obligation 1 to attend oamp jthere ;is /on ithis -point a-.good, deal' of. misunderstanding, a general opinion if: a ;man? attends- for days' that is, sufficient., As a' matter of : fact, however,' the' obligation'is that .every ; mah' belonging to, the'dismourited' branches shall attend the' annual 'training.in .camp for; fifteen days, and thoso belonging' to ■the mounted branches: for'the full .period 0f,.; eighteen ' days <in each year. Unless,, therefore, a man has/applied for, and .been granted;, exemption' By. the command-: ing '.officer fromparfc of ~ the, training, 'he .;mnst remain:" for tKe: whole; period,:-. and if he; leaves; cainp without/ permission' he, 'is pliable; to arrest as 'a deserter.*' : ; ; "A. common/.error into '■ which' . officers iand\men bften-fall;,is.:;-that:a :mah'whofails to attend the annual training can'/be: brought to; ..camp, under escort and tried ib'y. courtlmartial. This. is: an . entirely wrong idea,; as failure. to attend, the an-, nuaLtraining, or to complete, the'number' 'of ■ drills or', .exercises. required- i'for-' effici,ency, : can'' onlybe* tried by a court of summary jurisdiction, in which court also ihust. be . taken any'case of making' away with, gelling, pawning," wroftgfnlly destroying. •or damaging, - or.'. ' negligently - losing: unything issued to a" man -as an officer or man of. the Territorial;. Forces,'also"any: :negV:ct toy deliver.", up'; such:, articles'io ondomand. i ■ ■ • -, ■ ■■■>. ■ . >

. •".Thus; it... is that: so : long \as a man 're•fuses*, to • come' to camp tKe matter can only '.be dealt with -by . summons, in the -Police- Court; but- once 'ho has entered camp, if he departs therefrom 'completion.\6f-.theV'.training; and -'.withput 1 le&ye* -he.- can bo treated' as ■an -absentee" or . deserter,' .and;: can .be /brotight - backunder escort- and tried- by court-martial.' In connection with- this it -ishould? be rioted that where.: an. offence has been committed .by../a .Territorial / .against .the Army Act while subject, to-. niilitary ; :iawi he .can be -tried for such offence by : courtmartial, , even though' he has ceased- to be subject to military law, provided the trial commences.: within- / three ;month9 after he . has..ceased to-beso subject. •:' "There. is one; more"; ; question-:- which greatly concerns Territorials, /and. th'at: is the position pf. a man who-changes, his place of. residence.', In- /such /cases/:the man has no power, as: is .often'; thought, i to* obtain., a free discharge, but provided both Commanding .Officers ' consent, ho may, with the approval of .'both/ County Associations, r be . transferred - to ' another new, county. Any drills done! before transfer will >be allowed to oount .towards the number required annually in the new unit,: provided the'transfer is to the same branch' of the! service. 1 •' "Eoughlv .weighing the.changes. ;: 'it niav bo said that the increase in liability is' only. such.as 1 wiis>be"! welcomed-by all keen Territorials, .'as/ it: tends to make the discipline more a :real .thing it was before, and in it« exercise- will affect only the 'slacker' / and '. shirker; As regards the compulsory, camp,;out.of which some papers have made a deal of capital, while Commanding Officers naturally endeavour, to get. as. many. as: posMble pre-' sent,; no man is ever refused exemption who .produces a certificate,: from hi6*-em-ployer that he cannot;be spared-for: the ,whole or a portion-of . the time."