Saving of rights of officers and soldiers of Volunteer Guard

Repealed. 108 SCHEDULE I Form of Commission [Section 11 (4)] I,.....................................................Governor-General of Belize acting under command of Her Majesty Queen Elizabeth the Second do give to........................................................................ Greetings and reposing especial trust in your loyalty, courage and good conduct, do by these presents constitute and appoint you to be an officer in + of the Belize Defence Force (for.......................years)* from the.............................. day of.................................20.................. You are therefore carefully and diligently to discharge your duty as such an officer in the rank of.......................................... or in such other rank as you may from time to time hereafter be promoted or appointed and you are in such manner and on such occasions to exercise and well discipline in their duties, such officers and soldiers as may be placed under your orders from time to time and use your best endeavours to keep them in good order and discipline. I do hereby command, all such officers and soldiers to obey you as their superior officer, and you to observe and follow such orders and directions as from time to time you shall receive from me or any of your superior officers in pursuance of the trust hereby reposed in you. GIVEN at.................................................................................... this..................................day of. ............................. 20 .............. +Insert “regular force”, “volunteer element”, “reserve” as appropriate. * To be omitted in the case of a commission granted for an indefinite period. Defence 109 Governor-General 110 Defence SCHEDULE II Enlistment Questions [Section 16 (1)] 1.-(1) The following questions should be asked of a person offering to enlist in the regular Force. 1. What are your name and forenames? 2. What is your date of birth? 3. What is your place of birth? 4. What is your nationality? 5. Are you single, married, divorced or a widower? 6. Do you have any children dependent upon you? 7. What is your religious denomination? 8. Have you ever served in any force in the British Commonwealth? (If the answer is yes state the unit to which you belonged.) 9. Have you ever been rejected for service in any British Commonwealth force? 10. Have you ever appeared or are you due to appear before any civil court? (If the answer is yes give the dates of each appearance including future appearance, the name of the court and the particulars of the charge and the decision of the court and any sentence imposed by the court.) Defence 111 11. Have you received a notice paper setting out the questions to be answered on attestation and the general conditions of enlistment to be entered into? 12. Have you answered all of the questions satisfactorily? 13. Do you understand the contents of the notice paper and do you wish to be enlisted? 14. Are you willing to serve in the Belize Defence Force provided your services are required for, (a) a term of 12 years regular service; (b) a term of 3 years regular service and 9 years in the reserve; (c) a term of 6 years regular service and 6 years in the reserve; (d) a term of 9 years regular service and 3 years in the reserve? 15. Do you understand, (a) That you can within 1 year from before completing your term of regular service apply to re-engage for a further period or periods of regular service and service in the reserve? (b) After you have completed 22 years service in the regular force, you can apply to continue to serve if your term of service in the regular force was unexpired but that you can in these circumstances claim your discharge at any time after giving 3 months notice? (delete those not appropriate.) 112 Defence (c) If there is a state of war, insurrection or hostilities or public service, you may be retained in the regular force and your service prolonged? (d) That you will not be accepted as a member of the regular force unless you are found to be physically and mentally fit by a qualified medical officer? 16. Do you understand that under the provisions of sections 29 and 57 of the Defence Act if you have knowingly given a false answer to any of the questions contained in the attestation paper you render yourself liable to prosecution? (2) The person offering to enlist shall make a solemn declaration in the following terms in the presence of a witness (preferably the recruiting officer) both of whom shall sign. “I, …………………do solemnly declare that the above answers made by me to the above questions are true and that I am willing to fulfill the engagement made”. (3) The person offering to enlist having signed the declaration set out above shall take the oath of allegiance or make a solemn affirmation of allegiance in the following terms: “I,………………….(do sincerely promise and swear) (do solemnly and sincerely affirm and declare) that I will be faithful and bear true allegiance to Our Sovereign Lady the Queen and to Her constitutionally Elected Government in BELIZE and that I will faithfully serve Her Majesty in the Belize Defence Force until lawfully discharged, dismissed or removed, and that I will resist Her Majesty’s enemies and defend and protect all Her Majesty’s subjects and territory in BELIZE and cause Her Majesty’s peace to be kept and maintained and that I will in all matters appertaining to my service faithfully discharge my duties according to law.” Defence 113 SCHEDULE III Alternative Court Martial Offences [Section 84 (6)] Offence Charged Alternative Offence 1. Communicating with or giving intelligence to the enemy. Disclosing information without authority. 2. Striking a person within section 33 (b) Using force against a person section 33 (b).within otherwise than by striking him. 3. Striking his superior officer (a) Using violence to his superior officer otherwise than by striking him. (b) Offering violence to his superior officer. 4. Using violence to his superior officer otherwise than by striking him. Offering violence to his superior officer. 5. Using threatening language to his superior officer. Using insubordinate language to his superior officer. 6. Desertion. Absence without leave. 7. Attempting to desert Absence without leave. 114 Defence 8. Stealing any property Fraudulently misapplying the property. 9. Any offence against section 50 (1). Any offence against section 50 (2). 10. Any offence against section 51 involving violence. The corresponding offence Involving, (a) the use of violence other than striking; or (b) the offering of violence. 11. Any offence against section 51 involving the use of violence other than striking. The corresponding offence involving the offering of violence. 12. An offence against section 61 (1) involving striking The corresponding offence involving ill-treatment. 13. An offence against section 61 (2) involving striking The corresponding offence. involving ill-treatment. Defence 115 SCHEDULE IV1 Summary Triable Offences Without Consent of the Offender [Section 73 (1)] No. Offences Section of the Defence Act 1. Offences by or in relation to sentries, except striking a member of the Force....................................33 2. Failure to attend for duty, neglect of duty, etc............34 3. Looting, where the value of property does not exceed $3000.00..........................................................35 33 of 2020. 4. Disobedience to lawful orders.....................................39 5. Disobedience to standing orders..................................40 6. Absence without leave.................................................42 7. Malingering..................................................................44 8. Drunkenness. ...............................................................45 9. Disorderly Conduct. ....................................................46 10. Offences relating to public or service property, etc., where the value of, or damage to, such property does not exceed $3000.00....................................................47 33 of 2020. 1 This Schedule was inserted by Act No. 30 of 1990 and amended by Act 33 of 2020. 116 Defence 11. Misapplication and waste of public or service property where the value of the property does not exceed $3000.00.......................................................................48 33 of 2020. 12. Offences relating to issues and decorations.................49 13. Resistance to arrest, except involving violence...........51 14. Escape from confinement............................................52 15. Obstruction of police officer........................................55 16. Making of false statement on enlistment.....................57 17. Making of false documents..........................................58 18. Offences against morale. ............................................59 19. Ill-treatment, except striking. ......................................61 20. False accusations. .......................................................63 21. Attempt to commit any of the offences in this Schedule.......................................................................64 22. Aiding and abetting, etc., of offences in this Schedule.......................................................................65 23. Conduct to the prejudice of military discipline............66 24. Commission of any of the civil offences specified in the Second Schedule to the Summary Jurisdiction (Offences) Act, Chapter 98 of the Substantive Laws of Belize, 2000, if all or any of these civil offences are committed against the Force or Service personnel or property only. ..............67 Defence 117 SCHEDULE V2 Summary Triable Offences With The Consent of the Offender [Section 73 (2)] No. Offences Section of the Defence Act 1. Striking a member of the Force ..............................33(b) 2. Looting, where the value of property exceeds $500.00 but does not exceed $10,000.0........35 33 of 2020. 3. Insubordinate behaviour, etc........................................38 4. Desertion .....................................................................41 5. Failure to apprehend or report deserters or absentees......................................................................43 6. Offences relating to public or service property, etc., where the value of, or damage to, such property, exceeds $500.00 but does not exceed $10,000.00.......47 33 of 2020. 7. Misapplication and waste of public or service property, where the value of such property exceeds $500.00 but does not exceeds $10,000.00...................48 33 of 2020. 8. Resistance to arrest involving violence.......................51 9. Ill-treatment involving striking...................................61 10. Disgraceful conduct.....................................................62 2 This Schedule was inserted by Act No. 30 of 1990 and amended by Act 33 of 2020. 118 Defence 11. Attempt to commit any of the offences in this Schedule................................................................64 12. Aiding and abetting, etc., of offences in this Schedule.......................................................................65 13. Commission of any of the civil offences specified in the Third Schedule to the Summary Jurisdiction (Offences) Act, Chapter 98 of the Substantive Laws of Belize, 2000, if all or any of these civil offences are committed against the Force or Service personnel or property only...............................................................................67 Defence 119 SCHEDULE VI3 Offences Triable By Court Martial Only [Section 73 (3)] No. Offences Section of the Defence Act 1. Misconduct in Action. .................................................30 2. Assisting the enemy. ...................................................31 3. Obstructing Operations ...............................................32 4. Looting, where the value of property exceeds $10,000.00......................................................35 33 of 2020. 5. Mutiny .........................................................................36 6. Failure to suppress mutiny ..........................................37 7. Offences relating to public or service property, etc., where the value of, or damage to, such property exceeds $5,000.00 ...........................47 8. Misapplication and waste of public or service property where the value of such property exceeds $5,000.00 .......................................................48 9. Permitting escape and unlawful release of prisoners.......................................................................50 10. Offences relating to courts martial. .............................53 3 This Schedule was inserted by Act No. 30 of 1990. 120 Defence 11. False evidence .............................................................54 12. Unauthorised disclosure of information ......................56 13. Scandalous conduct of officers. ..................................60 14. Ill-treatment by officers...........................................61(a) 15. Attempt to commit any of the offences in this Schedule................................................................64 16. Aiding and abetting, etc., of offences in this Schedule. ..............................................................65 17. Commission of any of the civil offences triable on indictment in the Supreme Court, except treason, murder, manslaughter (whether by negligence or otherwise), treason-felony and rape, if all or any of these civil offences are committed against the Force or Service personnel or property only. .........................................67