ARMY DEFAULTERS

Press, Volume LXXVII, Issue 23411, 19 August 1941, Page 4

ARMY DEFAULTERS

How They Are Being

Dealt With

MEETING ALL CASES

(P.S.S.) WELLINGTON, August 18. The prosecutions now being conducted against defaulters from military service are being taken in accordance with the instructions issued by the Director of Mobilisation, Army Headquarters, on July 22, to area officers for the enforcement of the provisions of the emergency regulations in respect of compulsory service. The instructions cover the course of action to be followed in all situations arising from failure to obey the obligations placed upon reservist by conscription. Up to the time of their issue, .there had been a negligible number of prosecutions against defaulters and the instructions may be said to embody the army's wishes from the time the first ballots were taken regarding the enforcement of the principle of compulsory service on all called up. The instructions are not in themselves regulations, but the setting out of the procedure to be followed to ensure that the compulsory service regulations are given full effect with none liable escaping their obligations. The basic principle under which the instructions are issued is strictj observance of that clause of the regulations which states that one day after the publication of a Gazette calling up a man for service, he becomes a member of the armed forces and, till lawfully discharged or transferred, remains so in the same way as if he had voluntarily enlisted and taken the oath of allegiance. It follows, therefore, according to the instructions, that a reservist so called up becomes a soldier subject to military law and must obey any lawful command. Failure to Report

If a man called up is ordered by an area officer to report for medical examination or for any other purpose, and he fails to obey such order, he may be prosecuted either for an offence against the regulations (in which case he will be prosecuted by the police, who will be advised and furnished with the necessary evidence by the area officer concerned) or for a breach of military law. It is intended as a rule that if a man commits an offence against the regulations before reaching camp, he will be prosecuted in-the civil court, and, if he again commits a breach before reaching camp, he will be dealt with under military law. In some cases there may be proceedings under military law without a previous civil prosecution for breach of regulations. Among the breaches, procedure for dealing with which is given in the instructions, are refusal or failure to report for rtiedical examination, X-ray, dispatch to camp, receiving clothing and equipment. Similarly provision-is made for cases of men where it is decided after medical or dental examination that treatment is necessary to render them fitltor service, and they refuse to submit themselves for treatment. There is also provision for dealing with men who, on reporting, are guilty of disorderly behaviour. It is provided that where a man fails to obey a routine notice to attend for medical examination,‘and no sufficient reason for default is received, he be sent a second notice by registered post. If he then defaults the area officer concerned is to request Army Headquarters to have the man gazetted to attend at a set time and nlace. If he then fails to attend, the police will be requested to prosecute. Refusal to Go to Comp

If a man reports but refuses to proceed to camp, he 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.. If, at the camp, he still refuses to obey a lawful command, he will be handed over to the camp commandant) who will ensure that he is given a lawful command such as to parade to) receive equipment, or be medically examined. A further refusal then will result in the man being dealt with in , the ordinary way under military law for refusal to obey a command.

An instruction of particular interest deals with the case of men who refuse to attend for remedial treatment. It is provided that they be sent a special notice requiring them to attend at a hospital or other such place at a specific time for the purposes of remedial treatment. If they default, they will be prosecuted. ' There is further provision for dealing with defaulters alter they have served a tepm of imprisonment, imposed by a civil court, for an initial breach of the regulations. They will be contacted on release and given a lawful command. Refusal will., be followed by their being dealt with under military law. Defaulters’ Camps

There have been several prosecutions by court-martial of men who have already served a term of imprisonment, imposed by civil courts, for breaches of the regulations. In view of the announcement of the Acting-Prime Minister recently that special defaulters' camps would be provided for men convicted In the ordinary courts, it is highly imprpbable that a,ny more of these men who are conscientious objectors or pacifists will be dealt with by court-martial and that any sentences already imposed on them by such military tribunals will be suspended and the. men. placed in ordinary camp detention pending the establishment of the special defaulters’ camps. The enforcement of the regulations regarding defaulters of all sorts will, however, be continued as stipulated in the instructions to the point of prosecution in the civil courts at the instigation of the army authorities. Thereafter; their fate will probably be along the lines indicated by Mr Nash.