Part 17Miscellaneous

Miscellaneous

359Pardons for servicemen executed for disciplinary offences: recognition as victims of First World War

1

This section applies in relation to any person who was executed for a relevant offence committed during the period beginning with 4 August 1914 and ending with 11 November 1918.

2

Each such person is to be taken to be pardoned under this section in respect of the relevant offence (or relevant offences) for which he was executed.

3

In this section “relevant offence” means any of the following—

a

an offence under any of the following provisions of the Army Act 1881 (c. 58)—

i

section 4(2) (casting away arms etc);

ii

section 4(7) (cowardice);

iii

section 6(1)(b) (leaving post etc without orders);

iv

section 6(1)(k) (sentinel sleeping etc on post or leaving post);

v

section 7 (mutiny and sedition);

vi

section 8(1) (striking etc superior officer);

vii

section 9(1) (disobedience in defiance of authority);

viii

section 12(1) (desertion or attempt etc to desert);

b

an offence under any of the following provisions of the Indian Army Act 1911 (Indian Act, No 8 of 1911)—

i

section 25(b) (casting away arms, cowardice, etc);

ii

section 25(g) (sentry sleeping on post or quitting post);

iii

section 25(i) (quitting guard etc);

iv

section 27 (mutiny, disobedience, etc);

v

section 29 (desertion or attempt to desert).

4

This section does not—

a

affect any conviction or sentence;

b

give rise to any right, entitlement or liability; or

c

affect the prerogative of mercy.

5

Any reference in this section to a provision of the Army Act 1881 (c. 58) includes a reference to that provision as applied by any enactment, wherever enacted.