Mutiny Act 1873

The Mutiny Act 1873[1] (36 & 37 Vict. c. 10) was an Act of the Parliament of the United Kingdom, and one of a succession of such Mutiny Acts.

Act of Parliament
Parliament of the United Kingdom
Long titleAn Act for punishing Mutiny and Desertion, and for the better payment of the Army and their Quarters.
Citation36 & 37 Vict. c. 10
Dates
Royal assent24 April 1873
Other legislation
Repealed byThe Statute Law Revision Act 1883 (46 & 47 Vict. c. 39), s 1 & Sch
Status: Repealed
Text of statute as originally enacted

The preamble to the Act stated that it was necessary to provide "a more speedy punishment than the usual forms often allow" to soldiers who mutinied or stirred up sedition, who deserted, or who were "guilty of crimes and offences to the prejudice of good order and military discipline". It extended to the Channel Islands,[2] and encompassed colonial and foreign troops in British service,[3] though the militia, volunteer and reserve forces were exempt except under special circumstances.[4]

The Act provided for the forms and functions of courts-martial,[5] and defined which crimes were punishable by death, penal servitude,[6] or corporal punishment.[7] Those acquitted by a civil court were not to be tried again for the same offence by a court-martial.[8]

It provided full regulations for military prisons and the custody of prisoners.[9]

Rules were provided for the apprehension of deserters within the UK,[10] and for their temporary custody in gaols.[11] Recruits who deserted before joining their regiment forfeited their bounty, and could be transferred to the nearest regiment, corps or depot.[12]

Notes
  1. Charles Mathew Clode. The Administration of Justice Under Military and Martial Law. Second Edition. John Murray. Albemarle Street, London. 1874. Pages xxvi, 210 and 212.
  2. s. 3
  3. s. 4
  4. s. 5
  5. s. 6—14
  6. s. 15—18
  7. s. 22—24
  8. s. 39
  9. s. 29—33
  10. s. 34
  11. s. 35. The gaoler was to be allowed one shilling as payment for this duty
  12. s. 36

References
  • The companion to the British almanac, for the year 1874, p. 224-5. London, 1875.
  • Chronological table of the statutes; HMSO, London. 1993. ISBN 0-11-840331-1
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