Professional Documents
Culture Documents
CHAPTER 36
CONTENTS
Para
3601. Articles of War
3602. Maintenance of Good Order
3603. Criminal and Disciplinary Investigations
3604. Remarks or Criticisms on Superiors
3605. Conflicting Orders
3606. Entertainment of Officers by Ratings
3607. Extremist Organisations
3608. Unnecessary Expenses, Fraud, etc.
J.3609. Subscriptions and Presents
J.3610. Payments from Government Sources
J.3611. Purchase of Government Materiel by Crown Servants
3612. Sales of Surplus Materiel
3613. Recovery of Losses and Write Off
J.3614. Found Property
3615. Private Debts of Naval Personnel
3616. Debts and Financial Irresponsibility
J.3617. Bankruptcy
J.3618. Moneylending
J.3619. Gambling
3620. Tradesmen Onboard
3621. Trafficking, etc.
3622. Use of Dockyard Labour
3623. Vehicles Owned by Crown Servants and Crown Servants Driving Vehicles in
Naval Establishments
3624. Alcohol Misuse
3625. Drug Abuse
J.3626. Compulsory Drug Testing
J.3627. Private Firearms
3628. Appeals Against and Reviews of Summary Findings and Punishment
J.3629. Search -Service Premises and Belongings of Service Personnel
3632. Courts-martial and Summary Appeal Court
3633. Court Administration Officer
ANNEXES
J. Annex 36A:Firearms Act 1968 as Amended by the Firearms (Amendment) Act 1997
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CHAPTER 36
1. The Articles of War (Form S.282) are to be displayed in a prominent position in the
ship for the information of the ship’s company.
2. Extracts from them are to be read to new entries after they have received instruction
in punishments; to re-entries as part of the re-entry procedure before their first draft; and
to the ship’s company at the first opportunity after commissioning.
1. Every Commanding Officer is to ensure that the behaviour of personnel serving in the
ship or establishment is always maintained in accordance with the highest standards of the
service. It is the duty of every Officer, Warrant Officer, Chief Petty Officer, Petty Officer and
leading rating of each branch of the Service to ensure that order and regularity are
preserved in his vicinity among those officers and men, of whatever branch and whether
they are on duty or not, who are junior to him in rank or rate; and the provisions of
Para 0331. do not preclude him from giving any orders to such persons junior to him as
are necessary to enable him to carry out this duty.
2. Conduct to be Observed. All officers and men are to conduct themselves with the
utmost respect to their superior officers and with strict obedience to their orders. They are
at all times to discharge every part of their duty with zeal and alacrity and, so far as
circumstances permit, to assist all officers in the duties they have to perform. They should
on all occasions strive to promote the welfare of the naval service and, by the good order
and regularity of their conduct, show an example to those who may be subject to their
command.
4. All officers and men are to discountenance and to endeavour to repress all cursing,
swearing, drunkenness and dissolute conduct. They are to abstain from unlawful gaming,
rioting, quarrelling, and from abusive and irritating language, especially to inferiors, and
are at all times to exert their influence against all that tends to the disparagement of religion
and the encouragement of vice and immorality.
1. The Competent Authority for criminal and disciplinary investigations in the Naval
Service is Provost Marshal (Navy) who is responsible to the Navy Board for the conduct
and direction of all such investigations.
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3. The purpose of such an investigation is to establish facts and gather all available
evidence and by whom, an offence may have been committed.
1. Subject to the approval of the Senior Naval Officer in any doubtful instance, officers
may at their discretion attend dances, concerts, formal dinners or other similar functions
given or organized by ratings, provided that they and the ratings attend in uniform and that
the function is not in honour of any officer invited. When the entertainment takes place
outside a naval establishment, the Senior Naval Officer may permit plain clothes to be
worn if he considers it appropriate.
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1. Every officer is strictly enjoined to avoid all unnecessary public expense and, so far as
may depend upon him, to prevent it in others. See JSP 594, Naval Pay Regulations and
JSP 462 Financial Management Policy.
2. Every officer is to report any neglect, collusion or fraud which he may discover or know
of in any contractor, agent or person concerned in supplying stores or provisions, or in
executing any naval works either ashore or afloat.
3. The acceptance of a gift, reward, hospitality or other consideration will be allowed only
in exceptional circumstances and, when personnel receive such offers, they should
normally be refused. Where refusal might offend (for example when a gift is offered by a
foreign Head of State, Government or governmental organisation) the item should be
accepted and surrendered to the Disposal Services Agency for disposal. If the donor is
likely to pay a reciprocal visit it might be appropriate temporarily to retain and display the
item. In these circumstances the Disposal Services Agency should be notified that the gift
has been retained.
5. The same considerations apply to offers made to relatives or friends, where those
offers are made because of a relationship or association with a member of the armed
forces.
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8. In any cases of doubt, Service personnel should seek advice through their chain of
command to FLEET-DCS-LAW-Dis and where a policy issue arises they will seek advice
from the Disposal Services Agency. Detailed instructions on the acceptance of gifts,
rewards and hospitality are issued by DGCP HR OPSIR annually in DINs.
9. Gifts to HM ships. (Navy only.) Save in circumstances of salvage (for which see
4648.1), sums of money and gifts in kind offered to Her Majesty’s ships for general welfare
purposes are not to be regarded as subject to the above mentioned provisions. Gifts may
be accepted provided that they are administered by the ship’s Welfare Committee and that
monetary gifts do not exceed £20 per head per annum. Ships receiving offers in excess of
this scale, and those which do not have a Ship’s Fund of their own, should refer the matter
to their administrive authority, who may approve, subject to such limitations of amount and
conditions of expenditure as he deems appropriate. There is no restriction on the
expenditure of such gifts beyond what may be specified by the donors.
1. It is a well established rule that when a Crown servant, particularly with the help of
official information or official experience or in official time, produces or does something
which though not part of his official duties is of value to the Government he shall not
receive the full price which would be paid to a person outside the public service for the
same activity. This rule has been modified to the extent that payments to Crown servants
over and above normal salary for activities outside the scope of their duties and involving
no use of official time, are calculated on the same basis as payments to persons outside
the public service for the same activity.
2. (Navy only.) Claims are to be proffered immediately after the work is performed and,
where payment is to be from naval funds, supported by a certificate in the following terms:
‘With reference to QRRN, Para J.3610., I certify that the extra remuneration claimed or
paid to me from Government sources during the current calendar year does not exceed
the amount which would have been paid to a person outside the public service for the
same activity.’
This certificate is to accompany the authority when referred to the Directorate of Financial
Accounting Services (DFAS).
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(Note. This regulation does not apply to HMSO publications on sale to the general public.)
1. Service personnel and civilians employed by the Ministry of Defence are not permitted
to purchase Government materiel which is not surplus to requirements or to make
purchases from any Government Department except:
d. Abroad when the applicant’s requirements cannot be met by the outside trade, no
inconvenience to the Service will result and the specific authority of the senior
officer of HM naval forces in the territory or the Dockyard Superintendent has
been obtained in writing.
1. Surplus Sales. When Government surplus materiel is offered for sale at fixed prices,
or by auction, or by competitive tender, Service personnel and civilians employed by the
Ministry of Defence may purchase such materiel except where:
a. They are, or have been, by reason of their official position, able to obtain special
knowledge regarding the condition of the goods to be sold;
b. They are, or have been, officially associated with the disposal arrangements;
c. The materiel is for the purpose of resale and not for their personal requirements.
a. Special authority to sell at a fixed price has been given by the Ministry of Defence;
or
b. The article is of sentimental value to the applicant (e.g., ships’ bells, war
souvenirs, etc.) and would otherwise be disposed of by sale. Ministry of Defence
approval will be required in each case.
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4. Approval. The approving authority is the Ministry of Defence branch responsible for
bulk sales of the materiel as surplus.
3. The authorising officer must give full consideration to the financial state of the
individual and should invariably call for a statement of known monthly income and
expenditure. Care should be taken that fixed commitments are not unduly affected by the
rate of recovery and that the effects on dependants are kept to a minimum while
commensurate with timely recovery. Outgoings covering housing, utilities, food, hire
purchase should normally be regarded as ‘core’ outgoings which should not be affected
by any recovery action. Vehicle costs should be considered in the light of the necessity of
use of a vehicle, but a second car should be treated as nonessential. Payments to credit
agencies and credit card companies should be treated in the light of any long term effect
which reduced payments might have.
4. There can not be a fixed scale for recoveries and each case must be judged on its
merits.
1. Any article found in a ship, unit or establishment which the finder is unable to return
direct to the owner is to be handed over to the appropriate Service authorities. Any
claimant to the property will be required to supply evidence of ownership and may be
called upon to defray any identifiable costs incurred.
2. Property, not being public property, which is unclaimed after being held for three
months is to be disposed of, if necessary by sale, at the discretion of the Commanding
Officer.
3. Where the property is money or is sold for cash, the amount may be paid to a local
charity or benevolent fund. Alternatively it may be paid to the ships’ welfare fund. A portion
of the money may also be paid as a reward to the finder. This may be up to 50% of the
proceeds of the sale, or a maximum of £20 in value, whichever is the lower amount.
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4. (Navy only.) Specific directions are to be given in ship’s orders for the disposal of all
articles found lying about which are not the property of the finder. A person found to be in
wrongful possession of the property of another in circumstances which do not meet the
technical requirements for a charge under the Theft Act 1968, may then, if the facts warrant
it, be charged with contravening ship’s standing orders under s. 14A of the Naval Discipline
Act 1957, in not handing over to the proper authority the articles which to his knowledge
had come into his possession without the consent of the owners.
3. Settlement of Debts. Although Commanding Officers and Supply Officers must not
exert pressure to compel payment, there is no objection to an officer or rating being asked
whether he wishes to agree to arrange an allotment in order to settle his debt. The
agreement of an allotment would be subject to the maximum number permitted by
BR 1950, Naval Pay Regulations.
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8. Warnings. If the circumstances appear to merit discharge from the Service a rating
must be warned. (See BR 8748, Ratings Terms of Service.) He must be told that security
considerations may result in discharge before the elapse of any warning period he is given
to redeem himself.
9. Continued Action. If, after counselling and formal warning for discharge, an
individual fails to handle his financial difficulties sensibly, the Service obligation to assist
him is to be regarded as lapsed; further involvement is to be limited to essentials required
by Para 3613. and acknowledging letters from creditors.
10. Discharge. When considering discharge, it is not the existence of debts that is critical
but the manner in which they were incurred, the attitude to them and handling of them. If
thereby, the individual reveals he is unfit for the duties and responsibilities required of him,
or the Service is being brought into continuing disrepute, or the administrative effort that
has to be expended on the individual’s affairs is disproportionate to his value to the
Service, then there are grounds for application for discharge. Recommendations for
discharge should normally be for SHORE. (See BR 8748, Ratings Terms of Service.)
Applications for discharge are to state any warning given, and the rating is to be invited to
make a representation. Lack of warning need not preclude discharge in serious cases of
dishonesty.
11. Para 3615. and Para J.3617. give regulations on the Service’s external handling of
private debts and bankruptcy. If an individual is declared bankrupt his case is to be
monitored and reported on until he has shown that he is acting responsibly to discharge
his bankruptcy.
J.3617. Bankruptcy
1. An individual who has a Receiving Order in bankruptcy made against him or files a
petition for bankruptcy or who is unable to meet his financial commitments, is to report the
facts immediately to his Commanding Officer. The Commanding Officer is, if necessary, to
report the matter, with his recommendations, to the Ministry of Defence through the usual
channels.
J.3618. Moneylending
J.3619. Gambling
1. Except as provided in Clause 2, all forms of gambling and bookmaking (or acting as
an agent for a bookmaker) are forbidden in ships, establishments or units.
2. Any proposal to hold a lottery or sweepstake or to permit any other form of gambling
is to be referred to the Commanding Officer. If he agrees to the proposal he is to issue such
instructions as he considers necessary to ensure that the provisions of the Gaming Acts
are complied with. Outside Great Britain he is also to satisfy himself that there is no
infringement of local law.
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1. The Commanding Officer may grant permission for tradesmen to board Her Majesty’s
ships or enter naval establishments for the purpose of selling their goods or obtaining
orders, but such permission should be granted only where necessary to prevent real
inconvenience to the ship’s company. The Commanding Officer has full discretion to
exclude any or all tradesmen without informing them of his reasons. Permission should
normally be granted, however, to firms holding current Ministry of Defence contracts for
the supply of made-to-measure uniforms for the purpose of taking measurements, making
fittings, etc. in accordance with the contract requirements.
2. It is against the best interests of the ship’s company, particularly young ratings, that
they should be granted extensive credit facilities, and such inducements would be good
grounds for withholding permission to trade on board from tradesmen concerned.
2. Other than as authorized in Chapter 80, alcoholic beverages are not to be brought on
board any of Her Majesty’s ships or into naval establishments. The trading in, or
manufacture of, alcoholic beverages is also prohibited unless the written sanction of the
Commanding Officer has been obtained.
3. No trading is to take place without the written sanction of the Commanding Officer.
Ratings may, however, be permitted to sell certain articles of their kit as provided for in
BR 1992, Divisional Handbook.
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3623. Vehicles Owned by Crown Servants and Crown Servants Driving Vehicles in
Naval Establishments
1. While within a naval establishment or entering or leaving it, all vehicles, including
cycles, owned by Crown servants and all Crown servants driving vehicles, are subject to
the rules and regulations which would normally operate for the particular type of vehicle
and for its driver and occupants, if used on the public roads outside the establishment.
b. Drink-related offences.
c. Drinking which, though not related to an offence, may render a Serviceman less
efficient or reliable.
4. Special Responsibilities
b. Responsibility for education of all Service personnel regarding alcohol and drugs
rests with Director Naval Life Management (DNLM). The Royal Navy Consultant
Adviser in Psychiatry (located at the Department of Community Health in
Portsmouth Naval Base) is responsible (through the Alcohol Nurse Specialists in
Portsmouth and Plymouth) for the provision of Basic (one day) and Extended (five
day) Alcohol Education Courses for those personnel who are referred with
identified alcohol problems. The Alcohol Nurse Specialists will liaise with the
executive on a regular basis regarding education of personnel in management
positions. This will include the offer of, on request of the Executive, training
sessions for Divisional Officers and awareness briefs for more senior personnel.
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a. Awareness of risks. All under their command are aware of the risks of alcohol
misuse and of the requirements of these regulations.
b. Control. There is proper control over drinking within their ships or establishments.
7. New Entries
a. Careers staff are to warn all applicants of the Navy’s attitude to alcohol abuse.
b. Commanding Officers of new entry establishments are to ensure that all new
entries are educated about alcohol abuse and the Navy’s policy on the subject
including the likely penalties for failure to control drinking.
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All cases of drunkenness must be seen by the Officer of the Day or, in his absence, by the
Duty Senior Rate. It is the duty (under s.45 NDA) of all personnel to bring offenders to
justice, and it is a neglect of that duty by any officer or rating to ignore a man who is drunk
and do nothing about it. If possible they should also be seen by a medical officer or, in his
absence, a medical branch rating, who is to enquire into the circumstances and examine
the man. The purpose of this medical examination is to exclude other possible causes of
the individual’s unfitness for duty. Instructions for medical examination of drunken persons
are contained in BR 888, Naval Medical Branch Rating’s Handbook.
10. Procedures for Dealing with Excessive Drinkers. The requirement is to identify
excessive drinkers before they reach the stage of dependence on alcohol, deal with them
firmly and constructively, and monitor their conduct until it has returned to a satisfactory
state. Action depends on the circumstances of each case, how early the individual is
identified, his attitude and the progression of the case. The following general measures are
to be considered:
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11. Security. Where an individual is identified as having reached a stage at which his
drinking reduces his reliability to such an extent that he may be deemed to be a security
risk, the case is to be reported to (DNSyICP).
1. Abuse of drugs, besides its harmful effects on the individual, constitutes a serious
threat to efficiency, safety, discipline and security. Use of controlled drugs, or their
possession, importation or supply to others, are serious disciplinary offences. It is also an
offence for a naval officer or rating to have in his possession any substance which he
believes, or has reasonable cause to suspect, to be a controlled drug. These offences are
likely to result in custodial sentence and dismissal from HM Service. Abuse of substances
other than controlled drugs (e.g., solvents) falls within the general description of drug
abuse and may lead to similar consequences.
2. It is the duty of all officers, senior rates, leading hands and NCOs to ensure that all
under their command are aware of the risks of drug abuse and of the penalties. They are
to emphasize the great dangers to operational efficiency and safety presented by drug
abusers and are to do all within their power to foster a climate of opinion, at all levels, in
which even the most casual experimenting with drugs is unacceptable.
3. The Second Sea Lord Commander-in-Chief Naval Home Command is the lead
authority for formulating drug education policy and for developing and co-ordinating
measures for combating drug abuse in the Naval Service, consulting Commander-in-Chief
Fleet and the other Services as necessary. He is responsible for the provision and
administration of the Royal Naval Drugs Education Team, and the Special Investigation
Branch (SIB) with skills in the investigation of drugs cases.
a. Ensure that all under their command are aware of the risks of drug abuse and of
the need to report known or suspected cases.
b. Arrange adequate education with their ship or establishments, notably visits from
the Drug Education Team, in accordance with command orders.
c. Ensure that any evidence, indication or suspicion of drug activity of any kind is
brought to their attention without delay and reported to the SIB, copy to DDefSy.
5. Commanding Officers of new entry establishments are to ensure that all new entries
receive instruction on the dangers of drug abuse and on the Navy’s policy towards it.
6. Recruiting officers are to warn all applicants of the Navy’s attitude to drug abuse and
are to inquire closely into their attitudes to drugs.
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4. Personnel who provide a urine sample that tests positive for a controlled drug will be
individually notified of the result. Subsequently, other than in exceptional circumstances,
they may be subject to administrative discharge in accordance with single-Service
regulations. Moreover, if investigations reveal evidence of further offences, disciplinary
action may also be taken, and this would normally take precedence over any
administrative action.
1. Compliance with the Firearms Act. Members of the armed forces, while serving, are
exempt from the requirements of the Firearms Act 1968 as amended by the Firearms
(Amendment) Act 1997 only in respect of firearms or ammunition held by them in their
capacity as members of the forces. Personnel are to take care to comply with the
provisions of that Act in respect of any privately-owned firearm or ammunition in their
possession (see J. Annex 36A).
2. Safe Custody. Commanding Officers are personally responsible for keeping under
lock and key, when not in use, any private firearms brought on board Her Majesty’s ships
or into a naval establishment. If a serviceman/woman hands in a private firearm for safe
custody, he is responsible for reclaiming and collecting it before he leaves the ship or
establishment. A private firearm which is left unclaimed, is to be forwarded to the nearest
armament supply depot (see Clause 8).
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5. Custody of Ammunition. When private firearms are handed in for safe keeping
under Clause 2 or 3 the ammunition for them is also to be handed in, and is to be issued
only as required, at the Commanding Officer’s discretion.
8. Private firearms which are not returned to the owner under Clause 2 or 7 are to be kept
at the armament supply depot for three years and, if not properly claimed within that
period, are then to be disposed of. The owner is to be informed of this regulation.
11. Imitation firearms are not to be brought onboard HM ships and establishments without
the express, written permission of the Commanding Officer.
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2. If the individual is not satisfied with the result of his appeal, he may question the
judgement of the summary appeal court on the ground that it is wrong in law or that the
court acted in excess of its jurisdiction. He may apply to the summary appeal court to have
a case stated for the opinion of the High Court in England and Wales. He does not have
the right to complain through the chain of command to the Admiralty Board. See BR 11,
Manual of Naval Law.
4. Reviewing Authorities. Although the Act permits any naval officer superior in
command to the officer who tried the charge summarily to carry out a review, it is Defence
Council policy that such reviews should be conducted on behalf of the Defence Council by
the officers named in paragraph (5) below.
5. The following flag officers may carry out reviews of summary findings and
punishments:
6. Further Guidance. For further detailed guidance on reviews of summary trials see RN
only BR 11, Manual of Naval Law.
5.030. QRs 5.30A and 5.30B are subordinate to the guidance and information
contained within the CO’s Codes of Practice which is deemed the primary source
document for these matters.
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a. A commanding officer may order or authorize the stop and search, without arrest,
of a person subject to his command or a vehicle in that person’s charge, where
there are reasonable grounds to suspect there will be found.
b. A stop and search can take place in any public place or any Service occupied
property other than a dwelling or service living accommodation.
(1) That it is not practicable to communicate with any person entitled to grant
entry to the place or access to evidence;
(2) That it is practicable to communicate with a person entitled to grant entry
to the premises but it is not practicable to communicate with any person
entitled to grant access to the evidence;
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(3) That entry to the place will not be granted unless a warrant or
authorisation is produced;
(4) That the purpose of a search may be frustrated or seriously prejudiced
unless immediate entry to the place is secured.
g. The commanding officer shall keep a record of any decision to approve a search
including a brief statement of the reasons for his decision on the provided forms.
i. Where the commanding officer authorizes a search, the authority will be given in
writing in accordance with the Service police instructions for the search of
premises; the search should be carried out in accordance with the same
instructions.
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(1) stop and search of persons or vehicles without arrest (Part 1);
(2) entry and search of specific premises without a warrant (Part 2 Section
2);
(3) entry and search of specific premises for the purpose of arrest and
search of persons on arrest (Part 2 Section 3); and
(4) seizure and retention of property following search (Part 2 Section 6);
These powers can only be used when the Commanding Officer is unable, or it is
impracticable, to obtain the assistance of a Service Policeman or a Constable of a United
Kingdom Police Force.
1. The duty of the Court Administration Officer is to appoint court members to courts-
martial and the summary appeal court and to ensure a fair and impartial membership of
the Court. The Court Administration Officer is not to be subjected to any external influence
or pressure. Any attempt to do so may give rise to an offence of attempting to pervert the
course of justice or to an offence under Section 14A(1) of the NDA’57.
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