OFFENCES, ARREST AND TRIALS Flashcards
What is an offence?
A wrongdoing or a breach of a set of written regulations
According to the 1999 Constitution of Nigeria, what is required for a person to be convicted of a criminal offence?
The offence must be defined and the penalty prescribed in written law
What are the two types of offences categorized in the military?
- Military Offences
- Civil Offences
What is the primary nature of acts and omissions in the military?
All acts and omissions are punishable acts
What must be done when investigating an offence in the military?
Apprehend and detain the alleged offender if necessary
Who has the authority to effect an arrest in the military?
A person duly authorized and acting on legal powers
What section of the AFA CAP A20 LFN 2004 addresses the necessity for speedy investigation and trial?
Sect 122
What is the objective of this chapter regarding military offences?
- Identify what constitutes an offence in the Armed Forces
- Distinguish between military and civil offences
- Identify who has the powers to arrest and how arrest may be effected
- Identify measures for avoiding delays when arrest has been effected
- Identify circumstances in which arrest becomes necessary
What are military offences?
Contraventions of laid down rules for the enforcement of military discipline
Which sections of the AFA CAP A20 LFN 2004 provide grounds for bringing offenders who cease to be subject to military authority for trial?
Sects 168 and 169
List some categories of military offences.
- Misconduct inaction
- Mutiny
- Insubordination
- Absence from duty
- Malingering and drunkenness
- Offences relating to property
- Navigation and flying offences
- Other offences in respect of ship and aircraft
- Prize offences
- Sexual offences
- Offences relating to billeting and requisitioning of vehicles
- Offences relating to and by persons in custody
- Miscellaneous offences
- Offences in relation to courts martial
- Conduct to prejudice of service discipline
What distinguishes a civil offence from a crime?
A civil offence requires the offender to make good the wrong caused, while a crime involves punishment such as a fine or imprisonment
What sections of the AFA CAP A20 LFN 2004 provide for Civil Offences?
Sects 104 - 114
What constitutes an arrest?
An act of restricting the movement of a suspected offender
List the reasons for placing a suspected offender under arrest.
- Prevent damage to evidence
- Prevent escape
- Prevent further illegal acts
- Ensure personal safety of the offender
What section of the AFA CAP A20 LFN 2004 outlines the power to arrest offenders?
Sect 121
True or False: An officer can be arrested by any officer regardless of rank.
False
What must happen before a person is arrested?
The person must be informed they are being arrested and the reason must be stated
What must be done if a person under military law remains in custody for more than 8 days?
A special report must be made on the necessity for continued detention
List factors that determine the need for retaining an offender in custody.
- Seriousness of the allegation
- Need to establish identity
- Need to secure evidence
- Need to prevent continuation of the offence
- Necessity for safety
- Likelihood of interference with investigation
- Need to prevent escape
- Accused’s status as an illegal absentee
What is the maximum total period for continued detention without trial?
90 days
What does the conclusion of the chapter summarize?
It summarizes the definitions and categories of offences, powers of arrest, and the need to avoid undue delays in investigation
