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MILITARY LAW > OFFENCES, ARREST AND TRIALS > Flashcards

OFFENCES, ARREST AND TRIALS Flashcards

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1
Q

What is an offence?

A

A wrongdoing or a breach of a set of written regulations

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2
Q

According to the 1999 Constitution of Nigeria, what is required for a person to be convicted of a criminal offence?

A

The offence must be defined and the penalty prescribed in written law

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3
Q

What are the two types of offences categorized in the military?

A
  • Military Offences
  • Civil Offences
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4
Q

What is the primary nature of acts and omissions in the military?

A

All acts and omissions are punishable acts

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5
Q

What must be done when investigating an offence in the military?

A

Apprehend and detain the alleged offender if necessary

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6
Q

Who has the authority to effect an arrest in the military?

A

A person duly authorized and acting on legal powers

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7
Q

What section of the AFA CAP A20 LFN 2004 addresses the necessity for speedy investigation and trial?

A

Sect 122

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8
Q

What is the objective of this chapter regarding military offences?

A
  • 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
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9
Q

What are military offences?

A

Contraventions of laid down rules for the enforcement of military discipline

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10
Q

Which sections of the AFA CAP A20 LFN 2004 provide grounds for bringing offenders who cease to be subject to military authority for trial?

A

Sects 168 and 169

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11
Q

List some categories of military offences.

A
  • 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
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12
Q

What distinguishes a civil offence from a crime?

A

A civil offence requires the offender to make good the wrong caused, while a crime involves punishment such as a fine or imprisonment

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13
Q

What sections of the AFA CAP A20 LFN 2004 provide for Civil Offences?

A

Sects 104 - 114

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14
Q

What constitutes an arrest?

A

An act of restricting the movement of a suspected offender

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15
Q

List the reasons for placing a suspected offender under arrest.

A
  • Prevent damage to evidence
  • Prevent escape
  • Prevent further illegal acts
  • Ensure personal safety of the offender
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16
Q

What section of the AFA CAP A20 LFN 2004 outlines the power to arrest offenders?

A

Sect 121

17
Q

True or False: An officer can be arrested by any officer regardless of rank.

A

False

18
Q

What must happen before a person is arrested?

A

The person must be informed they are being arrested and the reason must be stated

19
Q

What must be done if a person under military law remains in custody for more than 8 days?

A

A special report must be made on the necessity for continued detention

20
Q

List factors that determine the need for retaining an offender in custody.

A
  • 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
21
Q

What is the maximum total period for continued detention without trial?

A

90 days

22
Q

What does the conclusion of the chapter summarize?

A

It summarizes the definitions and categories of offences, powers of arrest, and the need to avoid undue delays in investigation

MILITARY LAW (9 decks)

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