Conduct prejudicial to good order and discipline is an offence against
military law
Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodie ...
and
paramilitary in many countries. It has existed in military law since before the 17th century and is an important offence which functions as a catch-all to criminalise offences against military order which are not specified elsewhere.
Background
The offence of "conduct prejudicial to good order and discipline" has been described as one of the offences that forms the "hardcore of military law".
[Nichols p. 111] The offence is present in the military law of many countries and is often considered a
catch-all
A catch-all or catchall is a general term, or metaphoric dumping group, for a variety of similar words or meanings.
Catch-all may also refer to:
* Catch-all party, or big tent party
* Catch-all email filter
*Catch-all taxon
Wastebasket taxon (a ...
offence to criminalise misconduct that is not specified elsewhere.
[Davidson p. 79][Nichols p. 130]
This kind of offence was first introduced to
English
English usually refers to:
* English language
* English people
English may also refer to:
Peoples, culture, and language
* ''English'', an adjective for something of, from, or related to England
** English national ide ...
military law in the 17th century, the law having previously been "minute in its details" with no catch-all article.
[Nichols p. 114] However such articles were found in continental military law such as the Swedish Articles of
Gustavus Adolphus
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issued in 1621 which allowed for "whatsoever is not contained in these articles, and is repugnant to military discipline ... shall the several commanders make good, or see severally punished".
[ A form of this catch-all article was introduced to England in the ]Articles of War
The Articles of War are a set of regulations drawn up to govern the conduct of a country's military and naval forces. The first known usage of the phrase is in Robert Monro's 1637 work ''His expedition with the worthy Scot's regiment called Mac- ...
for 1625 which stated that "all other disorders whatsoever are to be punished, as these formerly nominated".[Nichols p. 113] This had been expanded on in the 1627 articles stated that "all other abuses and offences not specified in these orders shall be punished according to the discipline of war and opinions of such officers and others shall be called to make a ''Councell of Warr''".[
The article took on something of its modern form in 1642 when the ]Earl of Essex
Earl of Essex is a title in the Peerage of England which was first created in the 12th century by King Stephen of England. The title has been recreated eight times from its original inception, beginning with a new first Earl upon each new cre ...
's Articles of War stated that "all other faults, disorders and offences, not mentioned in these articles, shall be punished according to the general customs and laws of war".[ The "conduct to the prejudice" concept was introduced at some point after 1700.][ By the late 18th century the offence had become article 23 of the ]British
British may refer to:
Peoples, culture, and language
* British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies.
** Britishness, the British identity and common culture
* British English, ...
military law and allowed for the punishment of "all disorders or neglects ... to the prejudice of good order and military discipline".[ This part of British military law was adopted by the ]Continental Congress
The Continental Congress was a series of legislative bodies, with some executive function, for thirteen of Britain's colonies in North America, and the newly declared United States just before, during, and after the American Revolutionary War. ...
for use in the military of the United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
in 1775.[ By 1835 the article was commonly known as the "Devil's article" within the British Army.][Nichols p. 112]
Canada
The charge is covered by section 129 of the National Defence Act of 1922. The act allows for two separate offences: conduct prejudicial to good order and discipline or an act prejudicial to good order and discipline.
Gambia
In Gambia the charge is covered by section 78 of the Gambia Armed Forces Act 1985
The Gambia,, ff, Gammbi, ar, غامبيا officially the Republic of The Gambia, is a country in West Africa. It is the smallest country within mainland AfricaHoare, Ben. (2002) ''The Kingfisher A-Z Encyclopedia'', Kingfisher Publicatio ...
.
United Kingdom
In the British Armed Forces
The British Armed Forces, also known as His Majesty's Armed Forces, are the military forces responsible for the defence of the United Kingdom, its Overseas Territories and the Crown Dependencies. They also promote the UK's wider interests, s ...
the offence is covered by section 19 of the Armed Forces Act 2006
The Armed Forces Act 2006 (c 52) is an Act of the Parliament of the United Kingdom.
It came into force on 31 October 2006. It replaces the three separate Service Discipline Acts (the Army Act 1955, the Air Force Act 1955 and the Naval Discip ...
, which applies to all branches. The offence is categorised as an offence of "neglect of duty and misconduct" and the covers "an act that is prejudicial to good order and service discipline" or causing the same through omission. A person may be tried for the offence at a court martial
A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of memb ...
or through a summary hearing in front of their Commanding Officer
The commanding officer (CO) or sometimes, if the incumbent is a general officer, commanding general (CG), is the officer in command of a military unit. The commanding officer has ultimate authority over the unit, and is usually given wide latitu ...
. Unlike some offences in the Armed Forces Act it is not applicable to civilians subject to service discipline
A civilian subject to service discipline is someone who, whilst not a member of the British Armed Forces, is nevertheless subject to some aspects of British military law and the military justice system.
Categories
The Armed Forces Act 2006 def ...
.guardhouse
A guardhouse (also known as a watch house, guard building, guard booth, guard shack, security booth, security building, or sentry building) is a building used to house personnel and security equipment. Guardhouses have historically been dormit ...
or at the Military Corrective Training Centre
Colchester Garrison is a major garrison located in Colchester in the county of Essex, Eastern England. It has been an important military base since the Roman era. The first permanent military garrison in Colchester was established by Legio XX V ...
) not exceeding two years duration. Only where the person being sentenced is not an officer.
*Forfeiture of part or all of accrued seniority. Only where the person being sentenced is an officer.
*Reduction in rank or disrating. Only for warrant or non-commissioned officers.
*A fine
*A community service order
Community service is unpaid work performed by a person or group of people for the benefit and betterment of their community without any form of compensation. Community service can be distinct from volunteering, since it is not always performed ...
, only where the person being sentenced is also dismissed, is aged over 18 and resides in the UK.
*A formal reprimand for officers, warrant officers and NCOs.
*A service supervision and punishment order for a period of 30, 60 or 90 days for able seamen, marines, soldiers or airmen only. The offender forfeits one sixth of their pay for the period and may lose their leave entitlements and be made to perform extra work or drill.
*Ordered to pay compensation for any financial loss.
United States
In the US Armed Forces
The United States Armed Forces are the military forces of the United States. The armed forces consists of six service branches: the Army, Marine Corps, Navy, Air Force, Space Force, and Coast Guard. The president of the United States is the ...
the offence is covered by article 134 (the "general article") of the Uniform Code of Military Justice
The Uniform Code of Military Justice (UCMJ, 10 U.S.C. §§ 801–946 is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution ...
(UCMJ). This section states that "all disorders and neglects to the prejudice of good order and discipline in the armed forces" shall be tried by court martial and punished at the discretion of that court. The general article also covers offences which bring discredit upon the armed forces and "crimes and offenses not capital".chief petty officer
A chief petty officer (CPO) is a senior non-commissioned officer in many navies and coast guards.
Canada
"Chief petty officer" refers to two ranks in the Royal Canadian Navy. A chief petty officer 2nd class (CPO2) (''premier maître de deuxi ...
" cross-dressing in public view", a sergeant
Sergeant (abbreviated to Sgt. and capitalized when used as a named person's title) is a rank in many uniformed organizations, principally military and policing forces. The alternative spelling, ''serjeant'', is used in The Rifles and other uni ...
who mooned another servicemember's wife, and a seaman making unauthorized long-distance calls. Examples of conduct listed in the ''Manual for Courts-Martial
The ''Manual for Courts-Martial'' (''MCM'') is the official guide to the conduct of courts-martial in the United States military. An Executive Order of the President of the United States, the ''MCM'' details and expands on the military law establi ...
'' include adultery
Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...
, bribery, fraternization
Fraternization (from Latin ''frater'', brother) is "to become brothers" by conducting social relations with people who are actually unrelated and/or of a different class (especially those with whom one works) as if they were siblings, family memb ...
, gambling
Gambling (also known as betting or gaming) is the wagering of something of value ("the stakes") on a random event with the intent of winning something else of value, where instances of strategy are discounted. Gambling thus requires three el ...
, straggling, and indecent language.[Davidson p. 80]
See also
*Conduct unbecoming
Conduct unbecoming an officer and a gentleman (or conduct unbecoming for short) is an offense that is subject to court martial in the armed forces of some nations.
Use in the United Kingdom
The phrase was used as a charge in courts martial of ...
References
Bibliography
*
*{{cite book, last=Nichols, first=Wing Commander D. B., title=The Devil's Article, publisher=Headquarters, Department of the Army (Australia), date=1963, url=https://books.google.com/books?id=Ojjcy8cLU5AC
Military law