The New British Service Act Provisions of Law Which Raises Military Age

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The new British Military Service act became effective in April, 1918, having passed both houses of Parliament by large majorities; it immediately received the royal assent. The provision applying conscription to Ireland was suspended temporarily, on the assumption that it would not be enforced until a measure of home rule for Ireland was agreed upon. The main provisions of the new service measure are as follows, as analyzed by The London Times:

RAISING OF MILITARY AGE

Men Up to 50.—Obligation to military service imposed upon every male British subject:

1. Who has at any time since Aug. 14, 1915, or who for the time being is in Great Britain, and

2. Who on April 18, 1918, had attained the age of 18 years and had not attained the age of 51 years or who at any subsequent date attains the age of 18 years.

Men Up to 55.—If it appears necessary at any time for the defense of the realm, his Majesty may, by Order in Council, declare the extension of the obligation to military service to men generally or to any class of men up to any age not exceeding 56 years. The draft of any such order is to be presented to each house of Parliament, and will not be submitted to his Majesty in Council unless each house presents an address, praying that the order may be made.

Doctors.—Duly qualified medical practitioners, who have not attained the age of 56 years, are made immediately liable to military service.

FORMER PRISONERS OF WAR

The clause in the act of May, 1916, excepting from military service any person who has been "a prisoner of war, captured or interned by the enemy, and has been released or exchanged," is to cease to have effect. It is, however, provided that the change shall be without prejudice to any undertaking, recognized by the Government, and for the time being in force, that any released or exchanged prisoner of war shall not serve in his Majesty's forces during the present war.

TIME-EXPIRED MEN

The act of May, 1916, provided that the service should not be prolonged of men who, when their times for discharge occurred, had served a period of twelve years or more and had attained the age of 41 years. This section is to cease to have effect.

EXTENSION TO IRELAND

Method of Procedure.—His Majesty may, by Order in Council, extend the act to Ireland, with the necessary modifications and adaptations.

Legal Proceedings.—An Order in Council may be issued to make special provision for the constitution of the civil court before which proceedings for any offenses punishable on summary conviction under the Reserve Forces act, the Army act, and the Military Service acts are to be brought in Ireland. The order may also assign any such proceedings to a specified civil court or courts.

WITHDRAWAL OF EXEMPTIONS

His Majesty may, by proclamation declaring that a national emergency has arisen, direct that any certificates of exemption other than those granted on the grounds of ill-health or of conscientious objection shall cease to have effect.

THE TRIBUNALS

The Local Government Board or the Secretary for Scotland may make regulations for the following purposes:

1. For providing for applications for certificates of exemption, including appeals, being made to such tribunals, constituted in such manner and for such areas as may be authorized.

2. For establishing special tribunals, committees, or panels for dealing with particular classes of cases.

3. For regulating and limiting the making of applications.

4. For making other provision to secure the expeditious making and disposal of applications.

It is provided that such regulations shall not alter the four grounds for applications for certificates of exemption—the expediency, in the national interests, that a man should be engaged in other work, business or domestic reasons, ill-health, and conscientious objection.

PENALTIES

Any person making a false statement with a view to preventing or postponing the calling up of himself or any other person, or for any medical examination, is to be liable to six months' imprisonment.

It is to be the duty of any man whose certificate has been withdrawn, or who no longer satisfies the conditions on which it was granted, to transmit it forthwith to the local office of the Ministry of National Service. If he fails without reasonable cause to do so, he will be liable to a fine of £50.

MEDICAL EXAMINATION

Any man holding a certificate of exemption (other than one from combatant service only) or applying for its renewal may at any time be required to present himself for medical examination or re-examination.

VOLUNTEER OBLIGATION

Every man granted a certificate of exemption is to join the Volunteer Force for the perid of the war, unless the tribunal dealing with the case orders to the contrary.

CONVENTIONS WITH ALLIED STATES

The act is to be read with previous acts in relation to the act of 1917, which confirmed conventions with allied States making subjects of those States in this country liable for military service. That act is also to apply to Ireland, if the act is extended to Ireland.

EXCEPTIONS

The exceptions from the act are the following:

1. Men ordinarily resident in the Dominions.

2. Members of the regular or reserve forces or of the Dominion forces, and territorials liable to foreign service.

3. Men serving in the navy, the Royal Marines, or the air force.

4. Certain categories of officers and men who have left or been discharged from the forces in consequence of disablement or ill-health; and men medically rejected, if, on further medical examination after April 5, 1917, they have been certified to be totally and permanently unfit for any form of military service.

5. Men in holy orders or regular ministers of any religious denomination.


                                                                                                                                                                                                                                                                                                           

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