ARMY DEFAULTERS

Auckland Star, Volume LXXII, Issue 211, 6 September 1941, Page 5

ARMY DEFAULTERS

PROCEDURE STATED

LENGTHY INSTRUCTIONS

The procedure to be followed to ensure that the regulations governing compulsory service in the armed forces are obeyed by reservists is set out in lengthy instructions recently issued by Army Headquarters.

The principle underlying the instructions is the strict observance of the clause of the regulations which states that the day after the i publication of a Gazette calling up a I man for service he becomes a memjber of the armed forces. Until lawfully discharged or transferred he remains a member of the forces in the same way as if he had voluntarily enlisted and taken the oath of| lallegianee. Thus a reservist can be! regarded as a soldier subject toi military law.

| The man who is ordered by the ■ area officer to report for medical [examination or any other purpose, and who fails to obey, may be prosecuted either for an offence against the regulations or for a breach of military law. In the event of the former course being adopted he will be prosecuted by the police, who will be advised and supplied with the [necessary evidence by the area officer.

It is the intention that if a reservist commits an offence against the regulations before reaching camp he will be prosecuted in tha civil court, and should there be a second breach before he reaches camp he will be dealt with under military law. Proceedings may be taken under military law without a previous civil prosecution.

j Included in the breaches, procedure for dealing with which is given in the instructions, are refusal or failure to report for medical! examination, X-ray examination,! dispatch to camp, and the issue of clothing and equipment. Provision is also made for the man who refuses to submit himself for treatment after medical or dental examination. The man required to attend at a hospital or other place for remedial)

treatment is also liable to prosecution if he fails to obey the special notice sent to him for this purpose. There is also provision for dealing with the man who on reporting is guilty of disorderly behaviour.

Where a man fails to obey a routine notice to attend for medical examination and no sufficient reason for default is received, he is sent a second notice by registered post. If he then defaults the area officer concerned is to x-equest Army Headquarters to have the man gazetted to attend at a specific time and place. Should he fail to attend the police will then be asked to make a prosecution.

The man who reports but refuses to proceed to camp will be given an explicit order, and if he still refuses he will be arrested for disobeying a lawful command and taken to camp] under escort. At the camp, should he still refuse to obey a command, he will be handed over to the camp | commandant who will ensure that |he is given a lawful command such ,as to parade for the issue of equipment or to be medically examined. |A further refusal will result in the [man being dealt with in the ordinary way under military law for I refusal to obey a command.

Provision is also made for dealing with the defaulter after he has served a term imposed by a civil court for an initial breach of the regulations. On release he will be contacted and given a lawful command and refusal will be followed by proceedings under military law.