CO129-592-14 Future policy and draft proclamations- offences against the Members of the Forces 1-8-1945 - 31-8-1945 — Page 20

5

20

the use of officers or sulaiers, or any iu.niture beduing, blankets, sweets, utensils and stores or any provisions or forage issued for the use of officers or soluiers or any otne. tuins of a type or pallelll issued for the use of officers or soldiers; or

(f)wilfully removes, damages, defaces or alters any Proclamation or public notice posted under the authority of the Military Administration; or

(g)wilfully disobeys any lawful order of the military Administration or any meiner thereof acting in the execution of his auty, for which no specific provision is made; or

(n)does any act prejudicial to good order or to the

interest or safety of the Forces; or

(1)does any act calculated or tending to produce or

ellect a public mischier or tending to the prejuuice of the community;

shall on conviction be punishable with imprisonment for a term not exceeding taree years or with a Ilne not exceeding two thousand uollars or win both sucu imprisonment and Suci ne.

Buraen oI prooi.

5.

Conviction for

olience other

than that

charged.

Cases not within jurisdiction of Court.

Where the offence with whicí any person is charged is the doing of any act, or omission to ao ay act, or the possession or custouy of any matter or thing, without que or lawiul autnority or witnout permit, licence or authority issued by any officer, the rool of such authority or the issue of such permit, licence or authority suall lie on the person Chargeu witn the ofience.

6.

If, on the trial for any offence made punishable by this Proclamation the Court is satisfied that the accused person is guilty of any other offence made punishable by is Proclamation but is not satisfiea that ne is guilty of the offence charged, then and in every such case ine Court may acquit the accused person of the olience.Chargeu au fina him guilty of sucn other oflence and thereupon the accused person shall be liable to be punished in the same manner as ii ne nad been convicted upon a charge for such other offence: provided always that notuins in this section suall empower any court to convict or impose punishment upon any person in respect of any oflence for wien such court woula not be competent to convict and impose punishment in the first instance.

7. (1)

If on the nearing of any charge the court is of tue opinion tual tue evidence given raises a strong or probable presumption that the person accused has been sulity of another oflence or attempted Ollence which the court would not be competent to convict and impose tue maximum punisment, then and in every such case the court may aujourn the roceedings sine die and may commit the accused person to prison umuli ne suali ve delivered thence by que course of law.

Page 20Page 21