Army Act 1955 (repealed)

Part IIF298U.K. Discipline and Trial and Punishment of Military Offences

Misconduct in action and other offences arising out of military serviceF298U.K.

[F124 Misconduct in action.U.K.

(1)A person subject to military law shall be guilty of an offence against this section if, without lawfulexcuse, he—

(a)surrenders any place or thing to the enemy, or

(b)abandons any place or thing which it is his duty to defend against the enemy or to prevent from fallinginto the hands of the enemy.

(2)A person subject to military law shall be guilty of an offence against this section if, being in thepresence or vicinity of the enemy, or being engaged in any action or operation against the enemy or underorders to be prepared for any action or operation by or against the enemy, he—

(a)fails to use his utmost exertions to carry the lawful orders of his superior officers into execution,or

(b)while on guard duty and posted or ordered to patrol, or while on watch, sleeps or, without having beenregularly relieved, leaves any place where it is his duty to be, or

(c)behaves in such a manner as to show cowardice, or induces any other person so to behave at a time whenthat other person, being a member of Her Majesty’s forces or of a force co-operating with Her Majesty’sforces, is in the presence or vicinity of the enemy, or is engaged in any action or operation against theenemy or under orders to be prepared for any action or operation by or against the enemy, or

(d)uses words likely to cause despondency or unnecessary alarm.

(3)A person guilty of an offence against this section shall, on conviction by court-martial, beliable—

(a)if the offence consisted in an act or omission falling within subsection (1) or paragraph (a) ofsubsection (2) and was committed with intent to assist the enemy, to suffer death or any less punishmentprovided by this Act;

(b)in any other case, to imprisonment or any less punishment provided by this Act.

(4)The reference in subsection (2)(a) above to superior officers shall be construed in accordance withsection 33(2) of this Act.]

25 Assisting the enemy.U.K.

(1)A person subject to military law shall be guilty of an offence against this section if, knowingly andwithout lawful excuse, he—

(a)communicates with, or gives intelligence to, the enemy, or

(b)fails to make known to the proper authorities any information received by him from the enemy, or

(c)furnishes the enemy with supplies of any description, or

(d)having been captured by the enemy, serves with or aids the enemy in the prosecution of hostilities orof measures likely to influence morale, or in any other manner whatsoever not authorised by internationalusage, or

(e)having been captured by the enemy, fails to take, or prevents or discourages any other person subjectto service law who has been captured by the enemy from taking, any reasonable steps to rejoin Her Majesty’sservice which are available to him or, as the case may be, to that other person, or

(f)harbours or protects an enemy not being a prisoner of war.

(2)A person guilty of an offence against this section shall, on conviction by court-martial, beliable—

(a)if the offence consisted in an act or omission falling within paragraph (a), (b), (c), (d) or (f) ofsubsection (1) and was committed with intent to assist the enemy, to suffer death or any less punishmentprovided by this Act,

(b)in any other case, to imprisonment or any less punishment provided by this Act.

26 Obstructing operations, giving false air signals, etc.U.K.

(1)A person subject to military law shall be guilty of an offence against this section if he does any actlikely to imperil the success of any action or operation on the part of any of Her Majesty’s forces, orwilfully delays or discourages upon any pretext whatsoever any such action or operation.

(2)A person subject to military law shall be guilty of an offence against this section if, knowingly andwithout lawful excuse, he gives any false air signal, or alters or interferes with any air signal or anyapparatus for giving an air signal.

(3)A person guilty of an offence against this section shall, on conviction by court-martial, beliable—

(a)if the offence was committed with intent to assist the enemy, to suffer death or any less punishmentprovided by this Act;

(b)in any other case, to imprisonment or any less punishment provided by this Act.

[F227 Prize offences by commanding officers.U.K.

(1)Any person subject to military law who, being in command of any of Her Majesty’s ships oraircraft—

(a)having taken any ship or aircraft as prize, fails to send to the High Court, or to some other prizecourt having jurisdiction in the case, all the ship papers or aircraft papers, as the case may be, foundon board, or

(b)unlawfully makes any agreement for the ransoming of any ship, aircraft or goods taken as prize, or

(c)in pursuance of any such agreement as aforesaid, or otherwise by collusion, restores or abandons anyship, aircraft or goods taken as prize,

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.

(2)In this section “prize court” means a prize court within the meaning of the M1Naval PrizeAct 1864, and “ship papers” and “aircraft papers” have the same meanings as in that Act.]

28 Other prize offences.U.K.

Any person subject to military law who—

(a)F3 ill-treats any person who is on board a ship or aircraft when taken as prize,or unlawfully takes from any such person anything in his possession, or

(b)removes out of any ship or aircraft taken as prize (otherwise than for safe keeping or for the necessaryuse and service of any of Her Majesty’s forces or any forces co-operating therewith) any goods notpreviously adjudged by a prize court within the meaning of the M2Naval Prize Act 1864 tobe lawful prize, or

(c)breaks bulk on board any ship or aircraft taken as prize, or detained in exercise of any belligerentright or under any enactment, with intent to steal anything therein,

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.

[F429 Offences by or in relation to sentries, persons on watch, etc.U.K.

Any person subject to military law who—

(a)while on guard duty and posted or ordered to patrol, or on watch, or under orders to regulate trafficby land, water or air, sleeps or, without having been regularly relieved, leaves any place where it is hisduty to be, or

(b)F5 uses force against a member of Her Majesty’s forces, or of any forcesco-operating therewith, who is on guard duty and posted or ordered to patrol, or on watch, or under ordersto regulate traffic by land, water or air, or

(c)by the threat of force compels any such person as is mentioned, leaves any place where it is his dutyto be, or

(d)in paragraph (b) above to let him or any other person pass,

shall be liable, on conviction by court-martial, to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.]

[F629A Failure to attend for duty, neglect of duty, etc.U.K.

Any person subject to military law who—

(a)without reasonable excuse fails to attend for any duty of any description, or leaves any such dutybefore he is permitted to do so, or

(b)neglects to perform, or negligently performs, any duty of any description,

shall be liable, on conviction by court-martial, to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.]

30 Looting. U.K.

Any person subject to military law who—

(a)steals from, or with intent to steal searches, the person of anyone [F7killed, wounded or captured in the course of warlike operations, or killed, injuredor detained in the course of operations undertaken by Her Majesty’s forces for the preservation of law andorder or otherwise in aid of the civil authorities], or

(b)steals any property which has been left exposed or unprotected in consequence of [F7any such operations as are mentioned in paragraph (a) above], or

(c)takes otherwise than for the public service any vehicle, equipment or stores abandoned by the enemy,

shall be guilty of looting and liable, on conviction by court-martial, to imprisonment or any lesspunishment provided by this Act.

Mutiny and insubordinationF298U.K.

31 Mutiny.U.K.

(1)Any person subject to military law who—

(a)takes part in a mutiny F8 having as its object or one of its objects the refusal or avoidance of any dutyor service against, or in connection with operations against, the enemy, or the impeding of the performanceof any such duty or service, or

(b) incites any person subject to service law to take part in such a mutiny, whether actual or intended,

shall, on conviction by court-martial, be liable to suffer death or any other punishment provided bythis Act.

(2)Any person subject to military law who, in a case not falling within the last foregoing subsection,takes part in a mutiny, or incites any person subject to service law to take part in a mutiny, whetheractual or intended, shall, on conviction by court-martial, be liable to imprisonment or any less punishmentprovided by this Act.

(3)In this Act the expression “mutiny” means a combination between two or more persons subject to service law, or betweenpersons two at least of whom are subject to service law—

(a)to overthrow or resist lawful authority in Her Majesty’s forces or any forces co-operating therewithor in any part of any of the said forces,

(b)to disobey such authority in such circumstances as to make the disobedience subversive of discipline,or with the object of avoiding any duty or service against, or in connection with operations against, theenemy, or

(c)to impede the performance of any duty or service in Her Majesty’s forces or in any forces co-operatingtherewith or in any part of any of the said forces;F8

32 Failure to suppress mutiny.U.K.

Any person subject to military law who, knowing that a mutiny is taking place or is intended,—

(a)fails to use his utmost endeavours to suppress or prevent it, or

(b)fails to report without delay that the mutiny is taking place or is intended,

shall on conviction by court-martial,—

(i)if his offence was committed with intent to assist the enemy, be liable to suffer death or any otherpunishment provided by this Act,

(ii)in any other case, be liable to imprisonment or any less punishment provided by this Act.

33 Insubordinate behaviour.U.K.

(1)Any person subject to military law who—

(a)F9 uses violence to, or offers violence to, his superior officer, or

(b)uses threatening or insubordinate language to his superior officer,

shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided bythis Act:

(2)In the foregoing provisions of this section the expression “superior officer”, in relation to any person, means an officer, warrant officer ornon-commissioned officer of the regular forces of superior rank, and includes an officer, warrant officeror non-commissioned officer of those forces of equal rank but greater seniority while exercising authorityas the said person’s superior.

[F1134 Disobedience to lawful commands.U.K.

Any person subject to military law who, whether wilfully or, through neglect, disobeys any lawfulcommand (by whatever means communicated to him) shall, on conviction by court-martial, be liable toimprisonment or any less punishment provided by this Act.]

35 Obstruction of provost officers.U.K.

Any person subject to military law who—

(a)obstructs, or

(b)when called on, refuses to assist,

[F13any provost officer, or any person] (whether subject to military law or not) legally exercising authority under or on behalf of a provostofficer, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act:

36 Disobedience to standing orders.U.K.

(1)Any person subject to military law who contravenes or fails to comply with any provision of orders towhich this section applies, being a provision known to him, or which he might reasonably be expected toknow, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.

(2)This section applies to standing orders or other routine orders of a continuing nature made for anyformation or unit or [F15body of Her Majesty’s forces], or for any command or other area, garrison or place, or for any ship, train or aircraft.

Desertion, absence without leave, etc.F298U.K.

[F1637 Desertion.U.K.

(1)Any person subject to military law who deserts shall, on conviction by court-martial, be liable toimprisonment or any less punishment provided by this Act.

(2)For the purposes of this Act a person deserts who—

(a)leaves or fails to attend at his unit, ship or place of duty with the intention of remaining permanentlyabsent from duty without lawful authority, or, having left or failed to attend at his unit, ship or placeof duty, thereafter forms the like intention, or

(b)absents himself without leave with intent to avoid serving at any place overseas, or to avoid serviceor any particular service when before the enemy,

and references in this Act to desertion shall be construed accordingly.]

[F1738 Absence without leave.U.K.

Any person subject to military law who—

(a)absents himself without leave, or

(b)improperly leaves his ship,

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.]

[F1839 Failure to report or apprehend deserters or absentees.U.K.

Any person subject to military law who, knowing that any other person so subject has committed anoffence, or is attempting to commit an offence, under section 37(1) or section 38 of this Act—

(a)fails to report the fact without delay, or

(b)fails to take any steps within his power to cause that other person to be apprehended,

shall be liable, on conviction by court-martial, to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.]

40, 41.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19U.K.

Malingering and drunkennessF298U.K.

42 Malingering.U.K.

(1)Any person subject to military law who—

(a)falsely pretends to be suffering from sickness or disability, or

(b)injures himself with intent thereby to render himself unfit for service, or causes himself to be injuredby any person with that intent, or

(c)injures another person subject to [F20service law], at the instance of that person, with intent thereby to render that person unfit for service, or

(d)with intent to render or keep himself unfit for service, does or fails to do any thing (whether at thetime of the act or omission he is in hospital or not) whereby he produces, or prolongs or aggravates, anysickness or disability,

shall be guilty of malingering and shall, on conviction by court-martial, be liable to imprisonmentfor a term not exceeding two years or any less punishment provided by this Act.

(2)In this section the expression “unfit” includes temporarily unfit.

43 Drunkenness.U.K.

(1)Any person subject to military law who is guilty of drunkenness, whether on duty or not, shall, onconviction by court-martial, be liable to imprisonment for a term not exceeding two years or any lesspunishment provided by this Act F21

F22(2)For the purposes of this section a person is guilty of drunkenness if owing to the influence of alcoholor any drug, whether alone or in combination with any other circumstances, he is unfit to be entrusted withhis duty or with any duty which [F23he might reasonably expect to be called upon to perform], or behaves in a disorderly manner or in any manner likely to bring discredit on Her Majesty’sservice.

Disorderly conductF298U.K.

[F2443A Fighting, threatening words, etc.U.K.

Any person subject to military law who, without reasonable excuse—

(a)fights with any other person, whether subject to military law or not, or

(b)uses threatening, abusive, insulting or provocative words or behaviour likely to cause a disturbance,

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.]

Offences relating to propertyF298U.K.

[F2544 Damage to, and loss of, public or service property, etc.U.K.

(1)Any person subject to military law who—

(a)wilfully damages or causes the loss of, or is concerned in the wilful damage or loss of, any public orservice property, or any property belonging to another person so subject, or

(b)by wilful neglect causes or allows damage to, or the loss of, any public or service property or propertyso belonging,

shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided bythis Act.

(2)Any person subject to military law who—

(a)by any negligent act or omission causes or allows damage to, or the loss of, any public or serviceproperty, or

(b)is guilty of any wilful or negligent act or omission which is likely to cause damage to, or the lossof, any such property,

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.]

44A Damage to, and loss of, Her Majesty’s aircraft or aircraft material.U.K.

(1)Without prejudice to the generality of section 44 above, a person subject to military law shall beguilty of an offence against this section if he—

(a)wilfully damages or causes the loss of, or is concerned in the wilful damage or loss of, any of HerMajesty’s aircraft or aircraft material, or

(b)by wilful neglect causes or allows damage to, or the loss of, any of Her Majesty’s aircraft or aircraftmaterial, or

(c)without lawful authority disposes of any of Her Majesty’s aircraft or aircraft material, or

(d)by any negligent act or omission causes or allows damage to, or the loss of, any of Her Majesty’saircraft or aircraft material,

(e)is guilty of any wilful or negligent act or omission which is likely to cause damage to, or the lossof, any of Her Majesty’s aircraft or aircraft material, or

(f)during a state of war, wilfully and without proper occasion, or negligently, causes the sequestrationby or under the authority of a neutral state, or the destruction in a neutral state, of any of Her Majesty’saircraft.

(2)A person guilty of an offence against this section shall, on conviction by court-martial, beliable—

(a)if his offence consisted in an act or omission falling within paragraph (a), (b) or (c) of subsection(1), or if it consisted in an act or omission falling within paragraph (f) of that subsection and it isproved that he acted wilfully or with wilful neglect, to imprisonment or any less punishment provided bythis Act;

(b)in any other case, to imprisonment for a term not exceeding two years or any less punishment providedby this Act.

[F2644B Interference etc. with equipment, messages or signals.U.K.

(1)Any person subject to military law who by any conduct of his—

(a)intentionally impairs the efficiency or effectiveness of any equipment which is public or serviceproperty; or

(b)intentionally interferes with or modifies any message or other signal which is being transmitted, bymeans of a telecommunication system, directly or indirectly to or from any such equipment,

shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided bythis Act.

(2)Any person subject to military law who is guilty of any conduct which is likely to have theeffect—

(a)of impairing the efficiency or effectiveness of any such equipment; or

(b)of interfering with or modifying any such message or signal,

shall (whether or not that conduct has that effect) be liable, on conviction by court-martial, toimprisonment for a term not exceeding two years or any less punishment provided by this Act.

(3)It shall be a defence for a person charged with an offence under subsection (2) of this section inrespect of any conduct likely to have a particular effect that, in the circumstances, his conduct was inall respects consistent with the exercise of reasonable care to avoid producing that effect.

(4)For the purposes of this section the efficiency or effectiveness of any equipment is impaired if,whether or not it is damaged, the equipment is made temporarily or permanently less efficient or effectiveeither for all purposes or for a particular purpose for which it has been designed, adapted, adjusted orprogrammed.

(5)In this section—

• “conduct” includes any act or omission;

• “equipment” includes any apparatus, any computer and any vessel, aircraft or vehicle;and

• “telecommunication system” has the same meaning as in the M4Telecommunications Act 1984.]

45 Misapplication and waste of public or service property. U.K.

Any person subject to military law who misapplies or wastefully expends any public or service propertyshall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or anyless punishment provided by this Act.

46 Offences relating to issues and decorations. U.K.

(1)Any person subject to military law who makes away with (whether by pawning, selling, destroying or inany other way), or loses, or by negligence damages or allows to be damaged—

(a)any clothing, arms, ammunition or other equipment issued to him for his use for military purposes, or

(b)any military, air-force or naval decoration granted to him,

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.

(2)It shall be a defence for a person charged under this section with losing any property that he tookreasonable steps for its care and preservation.

Offences relating to billeting and requisitioning of vehiclesF298U.K.

47 Billeting Offences.U.K.

Any person subject to military law who—

(a)knowing that no billeting requisition is in force under Part IV of this Act authorising him to demandany billets or that he is otherwise not authorised to demand them, obtains those billets or orders orprocures another person to obtain them;

(b)takes or agrees to take, or demands, from a person on whom he or any other person or any vehicle is oris to be billeted in pursuance of a billeting requisition under Part IV of this Act any money or thing asconsideration for not requiring, or ceasing to require, accommodation for himself or the said other personor standing room for the vehicle; or

[F27(c)wilfully or by wilful neglect damages, or causes or allows to be damaged, any premises in which he isbilleted in pursuance of such a requisition, or any property being in such premises],

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.

48 Offences in relation to requisitioning of vehicles.U.K.

(1)Any person subject to military law who—

(a)knowing that no requisitioning order is in force under Part IV of this Act authorising him to givedirections for the provision of any vehicle, or that he is otherwise not authorised to give such directions,gives directions for the provision of the vehicle or orders or procures another person to give suchdirections, or

(b)in purported exercise of powers conferred by a requisitioning order under Part IV of this Act takes,or orders or procures any other person to take, possession of a vehicle, knowing that no requisitioningorder is in force under the said Part IV under which the taking possession of the vehicle could beauthorised, or that the taking possession thereof is otherwise not authorised under such an order, or

(c)takes or agrees to take, or demands, from any person any money or thing as consideration for directions,or any particular directions, for the provision of a vehicle not being given, or possession of a vehiclenot being taken, or not being retained, under a requisitioning order under Part IV of this Act,

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.

(2)The last foregoing subsection shall apply in relation to horses, mules, food, forage and stores (withinthe meaning of Part IV of this Act) as it applies in relation to vehicles.

Flying etc. offencesF298U.K.

[F2848A Loss or hazarding of ship.U.K.

Any person subject to military law who, either wilfully or by negligence, causes or allows to be lost,stranded or hazarded any of Her Majesty’s ships shall, on conviction by court-martial, be liable—

(a)if he acts wilfully or with wilful neglect, to imprisonment or any less punishment provided by this Act,

(b)in any other case, to imprisonment for a term not exceeding two years or any less punishment soprovided.]

49 Dangerous flying, etc.U.K.

Any person subject to military law who is guilty of any act or neglect in flying, or in the use of anyaircraft, or in relation to any aircraft or aircraft material, which causes or is likely to cause loss oflife or bodily injury to any person shall, on conviction by court-martial, be liable to imprisonment or anyless punishment provided by this Act:

[F2950 Inaccurate certification.U.K.

Any person subject to military law who makes or signs, without having ensured its accuracy,—

(a)a certificate relating to any matter affecting the seagoing or fighting efficiency of any of HerMajesty’s ships, or

(b)any certificate relating to any of Her Majesty’s aircraft or aircraft material,

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.]

51 Low flying.U.K.

Any person subject to military law who, being the pilot of one of Her Majesty’s aircraft, flies it ata height less than such height as may be provided by any regulations issued under the authority of [F30the Defence Council], F31, except—

(a)while taking off or alighting, or

(b)in such other circumstances as may be so provided,

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act:

52 Annoyance by flying.U.K.

Any person subject to military law who, being the pilot of one of Her Majesty’s aircraft, flies it soas to cause, or to be likely to cause, unnecessary annoyance to any person shall, on conviction bycourt-martial, be liable to [F33dismissal from Her Majesty’s service] or any less punishment provided by this Act:

Offences relating to, and by, persons in custodyF298U.K.

53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35U.K.

54 Permitting escape, and unlawful release of prisoners.U.K.

(1)Any person subject to military law who wilfully allows to escape any person who is committed to hischarge, or whom it is his duty to guard, shall, on conviction by court-martial, be liable to imprisonmentor any less punishment provided by this Act.

(2)Any person subject to military law who—

(a)without proper authority releases any person who is committed to his charge, or

(b)without reasonable excuse allows to escape any person who is committed to his charge, or whom it is hisduty to guard,

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.

55 Resistance to arrest.U.K.

(1)Any person subject to military law who, being concerned in any quarrel or disorder, refuses to obey anyofficer who orders him into arrest, or F36 uses violence to, or offers violence to, any such officer, shall be guiltyof an offence against this section whether or not the officer is his superior officer.

(2)Any person subject to military law who F36 uses violence to, or offers violence to, any person, whether subject tomilitary law or not, whose duty it is to apprehend him or in whose custody he is shall be guilty of anoffence against this section.

(3)Any person guilty of an offence against this section shall, on conviction by court-martial, be liableto imprisonment for a term not exceeding two years or any less punishment provided by this Act.

56 Escape from confinement.U.K.

Any person subject to military law who escapes from arrest, prison or other lawful custody (whethermilitary or not), shall, on conviction by court-martial, be liable to imprisonment for a term not exceedingtwo years or any less punishment provided by this Act.

Offences in relation to courts-martial and civil authoritiesF298U.K.

57 Offences in relation to courts-martial.U.K.

(1)Any person subject to military law who—

(a)having been duly summoned or ordered to attend as a witness before a court-martial, fails to comply withthe summons or order, or

(b)refuses to swear an oath when duly required by a court-martial to do so, or

(c)refuses to produce any document in his custody or under his control which a court-martial has lawfullyrequired him to produce, or

(d)when a witness, refuses to answer any question which a court-martial has lawfully required him toanswer, or

(e)wilfully insults any person, being a member of a court-martial or a witness or any other person whoseduty it is to attend on or before the court, while that person is acting as a member thereof or is soattending, or wilfully insults any such person as aforesaid while that person is going to or returning fromthe proceedings of the court, or

(f)wilfully interrupts the proceedings of a court-martial or otherwise misbehaves before the court,

shall, on conviction by a court-martial, other than the court in relation to which the offence wascommitted, be liable to imprisonment for a term not exceeding two years or any less punishment provided bythis Act.

(2)Notwithstanding anything in the last foregoing subsection, where an offence against F37 that subsection is committed in relation to any court-martial held in pursuanceof this Act that court, if of opinion that it is expedient that the offender should be dealt with summarilyby the court instead of being brought to trial before another court-martial, may by order under the handof the president [F38sentence the offender—

(a)if he is an officer, to imprisonment for a term not exceeding twenty-one days, or to a fine notexceeding the amount of his pay for twenty-eight days (a day’s pay being taken for this purpose as the grossamount which is, or would apart from any forfeiture be, issuable to the offender in respect of the day onwhich the order is made),

(b)in any other case, to imprisonment or detention for such a term as aforesaid, or to such a fine asaforesaid.]

[F39(2A)If the offender has attained seventeen years of age but is under twenty-one years of age, subsection(2) above shall have effect in relation to him as if the power to impose a sentence of imprisonment werea power to make an order under section 71AA below.]

(3)References in paragraphs (a) to (f) of subsection (1) of this section to a court-martial shall includereferences to a court-martial [F40or disciplinary court] held in pursuance of [F41the M5Naval Discipline Act 1957], [F40and to a court-martial held in pursuance of] the M6Air Force Act 1955, or the law of any colony.

58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42U.K.

59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43U.K.

Miscellaneous offencesF298U.K.

[F4460 Unauthorised disclosure of information.U.K.

(1)Any person subject to military law who without lawful authority discloses or purports to disclose,whether orally, in writing, by signal or by any other means whatsoever, information relating to any matterupon which information would or might be useful to an enemy shall, on conviction by court-martial, be liableto imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2)It shall be a defence for a person charged with an offence under this section that he did not know andhad no reasonable cause to believe that the information disclosed related to a matter upon which informationwould or might be directly or indirectly useful to an enemy.]

61 Making of false statements on enlistment. U.K.

Any person who, when before a recruiting officer for the purpose of being attested in pursuance of PartI of this Act, has knowingly made a false answer to any question contained in the attestation paper and putto him by or by the direction of the recruiting officer shall if he has since become and remains subjectto military law be liable, on conviction by court-martial, to the like imprisonment as on summary convictionof an offence against section nineteen of this Act or to any less punishment provided by this Act.

62 Making of false documents. U.K.

[F45(1)]Any person subject to military law who—

[F46(a)makes an official document or official record which is to his knowledge false in a material particular,or

(b)makes in any official document or official record an entry which is to his knowledge false in a materialparticular, or

(c)tampers with the whole or any part of any official document or official record (whether by altering it,destroying it, suppressing it, removing it or otherwise), or

(d)with intent to deceive, fails to make an entry in any official document or official record,]

[F47(2)For the purposes of this section—

(a)a document or record is official if it is or is likely to be made use of, in connection with theperformance of his functions as such, by a person who holds office under, or is in the service of, theCrown; and

(b)a person who has signed or otherwise adopted as his own a document or record made by another shall betreated, as well as that other, as the maker of the document or record.

(3)In this section—

• “document” includes, in addition to a document in writing—

(a)any map, plan, graph or drawing;

(b)any photograph;

(c)any disc, tape, sound-track or other device in which sounds or other data (not being visual images) areembodied so as to be capable (with or without the aid of some other equipment) of being reproducedtherefrom; and

(d)any film, negative, tape or other device in which one or more visual images are embodied so as to becapable as aforesaid of being reproduced therefrom;

• “film” includes a microfilm; and

• “record” includes any account, any information recorded otherwise than in a documentby mechanical, electronic or other means and any program in a computer.]

63 Offences against civilian population.U.K.

Any person subject to military law who, in any country or territory outside the United Kingdom, commitsany offence against the person or property of any member of the civil population shall, on conviction bycourt-martial, be liable to imprisonment for a term not exceeding two years or any less punishment providedby this Act.

[F4863A Offences against morale.U.K.

Any person subject to military law who spreads (whether orally, in writing, by signal, or otherwise)reports relating to operations of Her Majesty’s forces, of any forces co-operating therewith, or of any partof any of those forces, being reports likely to create despondency or unnecessary alarm, shall, onconviction by court-martial, be liable to imprisonment for a term not exceeding two years or any lesspunishment provided by this Act.]

[F4964 Scandalous conduct by officers. U.K.

Every officer subject to military law who behaves in a scandalous manner unbecoming the character ofan officer shall, on conviction by court-martial, be liable to dismissal from Her Majesty’s service withor without disgrace.]

65 Ill-treatment of officers or men of inferior rank.U.K.

If—

(a)any officer subject to military law F50 ill-treats any officer subject thereto of inferior rank or less seniority orany warrant officer, non-commissioned officer or soldier subject to military law, or

(b)any warrant officer or non-commissioned officer subject to military law F50 ill-treats any person subject to military law, being a warrant officer ornon-commissioned officer of inferior rank or less seniority or a soldier,

he shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.

66 Disgraceful conduct. U.K.

Any person subject to military law who is guilty of disgraceful conduct of a cruel, indecent orunnatural kind shall, on conviction by court-martial, be liable to imprisonment for a term not exceedingtwo years or any less punishment provided by this Act.

67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51U.K.

68 Attempts to commit military offences.U.K.

Any person subject to military law who attempts to commit an offence against any of the foregoingprovisions of this Part of this Act [F52or against section 69 below] shall, on conviction by court-martial, be liable to the like punishment as for that offence:

[F5368A Aiding and abetting etc., and inciting.U.K.

(1)Any person subject to military law who aids, abets, counsels or procures the commission by anotherperson of an offence against any of the foregoing provisions of this Part of this Act, or against section69 below, or who incites another person to commit any such offence, shall himself be guilty of the offencein question, and shall be liable to be charged, tried and punished accordingly.

(2)A person may be guilty by virtue of subsection (1) above of an offence against section 62 of this Actwhether or not he knows the nature of the document in question.]

69 Conduct to prejudice of military discipline.U.K.

Any person subject to military law who is guilty [F54, whether by any act or ommission or otherwise, of conduct] to the prejudice of good order and military discipline shall, on conviction by court-martial, beliable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

Civil offencesF298U.K.

70 Civil offences. U.K.

(1)Any person subject to military law who commits a civil offence, whether in the United Kingdom orelsewhere, shall be guilty of an offence against this section.

(2)In this Act the expression “civil offence” means any act or omission punishable by the law of England or which, ifcommitted in England, would be punishable by that law; and in this Act the expression “the corresponding civil offence” means the civil offence the commission of whichconstitutes the offence against this section.

[F55(2A)For the purpose of determining under this section whether an attempt to commit an offence is a civiloffence, subsection (4) of section 1 of the M7Criminal Attempts Act 1981 (which relatesto the offence of attempt) shall have effect as if for the words “offence which, if it were completed,would be triable in England and Wales as an indictable offence" there were substituted the words “civiloffence consisting of an act punishable by the law of England and Wales as an indictable offence or an actwhich, if committed in England or Wales, would be so punishable by that law".]

(3)[F56Subject to section 71A below,] a person convicted by court-martial of an offence against this section shall—

(a)if the corresponding civil offence is treason F57, be liable to suffer death F57;

[F58(aa)if the corresponding civil offence is murder, be liable to imprisonment for life];

[F59(ab)if the corresponding civil offence is an offence of genocide consisting of the killing of any person,be liable to imprisonment for life];

(b)in any other case, be liable to suffer any punishment or punishments which a civil court could awardfor the corresponding civil offence, if committed in England, being a punishment or punishments providedby this Act, or such punishment, less than the maximum punishment which a civil court could so award, asis so provided:

F60(4)A person shall not be charged with an offence against this section committed in the United Kingdom ifthe corresponding civil offence is treason, murder, manslaughter, treason-felony or rape [F61or an offence of genocide][F62or an offence under section 1 of the M8Biological Weapons Act 1974.]

[F63In this and the following subsection the references to murder shall apply also toaiding, abetting, counselling or procuring suicide.]

(5)Where the corresponding civil offence is murder or manslaughter, [F64or an offence of genocide consisting of the killing of any person] an offence against this section shall be deemed, for the purposes of the last foregoing subsection,to have been committed at the place of the commission of the act or occurrence of the neglect which causedthe death, irrespective of the place of the death.

[F65(6)A person subject to military law may be charged with an offence against this section notwithstandingthat he could on the same facts be charged with an offence against any other provision of this Part of thisAct.]

Punishments available to courts-martialF298U.K.

[F6671 Scale of punishments, and supplementary provisions.U.K.

(1)The punishments which may be awarded by sentence of a court-martial under this Act are, subject to thefollowing provisions of this section [F67and section 71A below] and to the limitations hereinafter provided on the powers of certain courts-martial, as follows—

(a)death,

(b)imprisonment,

[F68(bb)detention by virtue of a custodial order made under section 71AA of this Act;]

(c)dismissal with disgrace from Her Majesty’s service,

(d)dismissal from Her Majesty’s service,

(e)detention for a term not exceeding two years,

(f)forfeiture of seniority for a specified term or otherwise,

(g)reduction to the ranks or any less reduction in rank,

(h)fine,

(i)severe reprimand,

(j)reprimand,

(k)in the case of an offence which has occasioned any expense [F69personal injury] , loss or damage, stoppages, and

(l)such minor punishments as may from time to time be authorised by the Defence Council;

and references in this Act to any punishment provided by this Act are, subject to the limitationimposed in any particular case by the addition of the word “less", references to any one or more ofthe said punishments.

For the purposes of this Part of this Act a punishment specified in any of the above paragraphs shallbe treated as less than the punishments specified in the paragraphs preceding that paragraph and greaterthan those specified in the paragraphs following it:

(2)Subsection (1) above shall have effect—

(a)in relation to a convicted person who is an officer, with the omission of paragraphs (e), (g) and (l),

(b)in relation to a convicted person who is a warrant officer, with the omission of paragraphs (f) and (l),

(c)in relation to a convicted person who is a non-commissioned officer, with the omission of paragraph (f),and

(d)in relation to a convicted person who is a soldier, with the omission of paragraphs (f), (g), (i) and(j).

(3)A person [F71who, otherwise than under section 57(2) of this Act, is] sentenced by a court-martial to imprisonment shall also be sentenced either to dismissal with disgracefrom Her Majesty’s service or to dismissal from Her Majesty’s service:

(4)A warrant officer or non-commissioned officer [F71who, otherwise than under section 57(2) of this Act, is] sentenced by a court-martial to imprisonment, to dismissal from Her Majesty’s service (whether or notwith disgrace), or to detention, shall also be sentenced to be reduced to the ranks:

(5)The amount of a fine that may be awarded by a court-martial—

(a)except in the case of an offence against section 70 of this Act, shall not exceed the amount of theoffender’s pay for twenty-eight days or, where the offence was committed on active service, fifty-six days,and

(b)in the said excepted case—

(i)where the civil offence constituting an offence against that section is punishable by a civil court inEngland only on summary conviction, and is so punishable by a fine, shall not exceed the maximum amount ofthat fine, and

(ii)where the said civil offence is punishable by a civil court in England on indictment (whether or notit is also punishable on summary conviction) by a fine, shall not exceed the maximum amount of that fine;

and for the purposes of this subsection a day’s pay shall, as regards a person found guilty of anoffence, be deemed to be the gross pay that is, or would (apart from any forfeiture) be, issuable to thatperson in respect of the day on which punishment is awarded in respect of the offence.]

[F72(6)Unless the Secretary of State by order provides that this subsection shall no longer apply, the stoppages awarded by a court-martial in respect of any offence occasioning personal injury of which a person is convicted or any other such offence which is taken into consideration in determining sentence shall not exceed such sum as is for the time being specified by an order made by the Secretary of State.

(7)The power to make an order under subsection (6) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

[F7371A Juveniles.U.K.

(1)A person under [F7421] years of age shall not be sentenced to imprisonment.

[F75(1A)Where a person under 21 years of age is convicted of murder or any other civil offence the sentence for which is fixed by law as imprisonment for life, the court shall sentence him to custody for life unless he is liable to be detained under subsection (3) below.

(1B)Where a person aged 17 years or over but under 21 years of age is convicted of any other offence for which a person aged 21 years or over would be liable to imprisonment for life [F76then, subject to subsection (1E) below], the court shall sentence him to custody for life if—

F77(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)it considers that a custodial sentence for life would be appropriate.

(1C)For the purpose of determining whether any method of dealing with a person to whom subsection (1B) of this section applies, other than sentencing him to custody for life, is appropriate, the court shall obtain and consider information about the circumstances, and shall take into account any information before the court which is relevant to his character and his physical and mental condition.]

[F78(1D)Subject to subsections (3) and (4) below, the only custodial sentences that a court may award where a person under 21 years of age is convicted or found guilty of an offence are—

(a)a custodial order under section 71AA of this Act or under paragraph 10 of Schedule 5A to this Act; and

(b)a sentence of custody for life under subsection (1A) or (1B) above.

(1E)A court may not—

(a)make a custodial order under section 71AA of this Act; or

(b)pass a sentence of custody for life under subsection (1B) above;

unless it is satisfied—

(i)that the circumstances, including the nature and the gravity of the offence, are such that if the offender were aged 21 or over the court would pass a sentence of imprisonment; and

(ii)that he qualifies for a custodial sentence.

(1F)An offender qualifies for a custodial sentence if—

(a)he has a history of failure to respond to non-custodial sentences and is unable or unwilling to respond to them; or

(b)only a custodial sentence would be adequate to protect the public from serious harm from him; or

(c)the offence of which he has been convicted or found guilty was so serious that a non-custodial sentence for it cannot be justified.]

(2)

F79(3)A person convicted of murder who was under 18 years of age when the offence was committed shall not be sentenced to imprisonment for life, nor shall sentence of death be pronounced on or recorded against a person convicted of any offence who was under 18 years of age when the offence was committed; but in lieu thereof the court shall (notwithstanding anything in this or any other Act) sentence him to be detained during Her Majesty’s pleasure, and if so sentenced he shall be liable to be detained in such place and under such conditions as the Secretary of State may direct.

(4)[F80In any case where—

(a)a person aged 14 or over but under 17 years of age is]found guilty of a civil offence (other than one the sentence for which is fixed) which is punishable by a civil court in England or Wales on indictment by, in the case of an adult, a term of imprisonment for 14 years or more, [F80or

(b)a person under 14 years of age is found guilty of manslaughter, and, in either case, the court]is of opinion that none of the other methods in which the case may be legally dealt with is suitable, [F81the court may sentence that person]to be detained for suchperiod, not exceeding the maximum term of imprisonment with which the offence is punishable by such a civilcourt in the case of an adult, as may be specified in the sentence; and where such a sentence has been passed, the person on whom it is passed shall during that period be liable to be detained in such place and on such conditions as the Secretary of State may direct

(5)A sentence of [F82custody for life or] detention under subsection (3) or (4) above shall be treated for the purposes of this Part of this Act as a punishment provided by this Act involving the same degree of punishment as a sentence of imprisonment; and section 71(3) and (4) above shall apply to such a sentence of detention [F82and to a sentence of custody for life] as they apply to a sentence of imprisonment.

(6)A person detained pursuant to the directions of the Secretary of State under this section shall, while so detained, be deemed to be in legal custody.]

[F83(7)A sentence of detention under section 71(1)(e) of this Act shall be treated for the purposes of this section as a non-custodial sentence and references in this section to a custodial sentence shall be construed accordingly.]

[F8471AA Young service offenders: custodial orders.U.K.

(1)Where a person who has attained seventeen years of age but is under twenty-one years of age is found guilty by a court-martial of an offence punishable under this Act with imprisonment, the court shall have power, F85 . . ., to make an order (in this section referred to as a “custodial order") committing him to be detained in accordance with the provisions of this section for a [F86period to be specified in the order [F87being not less than 21 days and] not exceeding the maximum period for which he could have been sentenced to imprisonment if he had attained the age of twenty-one years.]

F88(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F89(1B)For the purposes of determining whether [F90it is satisfied as mentioned in sub-paragraphs (1) and (ii) of subsection (1E) of section 71A of this Act with respect to any person] the court shall obtain and consider information about the circumstances, and shall take into account any information before the court which is relevant to his character and his physical and mental condition.]

(2)If a person is outside the United Kingdom at the time a custodial order is made in respect of him, he shall as soon as practicable F91 . . . be removed to the United Kingdom.

(3)A person in respect of whom a custodial order has been made shall be detained in such appropriate institution as the Secretary of State may direct, and any enactment applying to persons detained in any such institution shall apply to a person so detained under this section.

(4)A custodial order shall be sufficient authority for the detention of the person subject to it in service custody until he is received into the institution specified in the Secretary of State’s direction.

[F92(5)The following provisions of this Act shall apply in the case of a sentence under a custodial order as they apply in the case of a sentence of imprisonment, that is to say—

(a)sections 71(3) and (4), 118(1), 118A(1) and (3) 119A(3) and 145; and

(b)for the period before a person sentenced under a custodial order is received into the institution where he is to be detained (or for the currency of the sentence if its term ends before he is so received), sections 119(2), (4) and (5), 122, 123, 129, 142 and 190B;

and, accordingly, references in those provisions to a sentence of imprisonment shall include for the purposes of this subsection references to a sentence under a custodial order.]

(6)In this section “appropriate institution” means—

[F93(a)where the offender is in or removed to England or Wales, any institution in which a person sentenced to detention in a young offender institution could be detained, section 1C of the Criminal Justice Act M91982 having effect in relation to the offender as it has effect in relation to an offender sentenced to detention in a young offender institution;]

[F94(b)where the offender is in or removed to Scotland, a young offenders institution;]

(c)where the offender is in or removed to Northern Ireland, a young offenders centre.

[F95F96(6A)Section 15 of the Criminal Justice Act 1982 (release of young offenders) shall apply to persons released from a term of detention under a custodial order as it applies to persons released from a term of detention under a detention centre order or a term of youth custody.]

[F95(6B)[F97Section 32 of the Prisons (Scotland) Act 1989] (supervision of young offenders following release) shall apply to persons released from a term of detention under a custodial order as it applies to those released from a term of detention imposed under section 207 or section 415 of the M10Criminal Procedure (Scotland) Act1975.]

(7)This section does not apply to offenders who are civilians (as regards whom similar provision is made by paragraph 10 of Schedule 5A to this Act)]

[71ABF98Reasons to be given where custodial sentence awarded to young offender.U.K.

(1)This section applies where a court—

(a)makes a custodial order under section 71AA of this Act, or

(b)passes a sentence of custody for life under section 71A(1B) of this Act.

(2)It shall be the duty of the court—

(a)to state in open court and to record in the proceedings that it is satisfied that the offender qualifies for a custodial sentence under one or more of the paragraphs of subsection (1F) of section 71A of this Act, the paragraph or paragraphs in question, and why it is so satisfied; and

(b)to explain to the offender in open court and in ordinary language why it is passing a custodial sentence on him.

(3)Where a court makes a custodial order and, in accordance with its duty under subsection (2) above, makes the statement required by paragraph (a) of that subsection, the matters stated shall be specified in the order (made under Imprisonment and Detention Rules) pursuant to which the offender is committed into custody.]

[F9971B Power to impose imprisonment for default in payment of fines.U.K.

(1)Subject to the provisions of this section, if a court-martial imposes a fine on a person found guiltyof any offence—

(a)who is sentenced to imprisonment on the same occasion for the same or another offence or,

(b)who is already serving or otherwise liable to serve a term of imprisonment, [F100or

(c)in respect of whom the court makes an order under section 71AA above on the same occasion for the sameor another offence, or

(d)who is already serving or otherwise liable to serve a period of detention under such an order,]

it may make an order fixing a further consecutive term of imprisonment [F101or detention] which the said person is to undergo if any part of the fine is not dulypaid or recovered on or before the date on which he could otherwise be released.

[F102(2)Subject to subsections (4) and (5) below, the Table in section 31(3A) of the M11Powers of Criminal Courts Act 1973 (maximum periods of imprisonment for default inpayment of fines etc.), as [F103for the time being in force] , shall have effect for the purpose of determining the maximum periods of further imprisonment or detention that may be specified under subsection (1) abovefor fines of the amounts set out in that Table.]

(3)Where the whole amount of the said fine is paid or recovered in the prescribed manner the order undersubsection (1) above shall cease to have effect, and the person subject to it shall be released unless heis in custody for some other cause.

(4)Where part of the said amount is paid or recovered in the prescribed manner, the period of the furtherterm of imprisonment [F104or detention] specified under subsection (1) above shall be reduced by such number of days as bears to the totalnumber of days in that period less one day the same proportion as the amount so paid or recovered bears tothe amount of the said fine.

(5)In calculating the reduction required under the last preceding subsection any fraction of a day shallbe left out of account.

[F105(5A)An order imposing a term of detention under this section shall be given effect as if it were a custodialorder under section 71AA above.]

(6)In this section, references to the due recovery of any amount include references to deductions from payunder Part III of this Act, but do not include references to amounts forfeited under the said Part III.]

ArrestF298U.K.

74 Power to arrest offenders.U.K.

(1)Any person subject to military law found committing an offence against any provision of this Act, oralleged to have committed or reasonably suspected of having committed any such offence, may be arrested inaccordance with the following provisions of this section.

(2)An officer may be arrested by an officer of the regular forces of superior rank, or, if engaged in aquarrel or disorder, by such an officer of any rank.

(3)A warrant officer, non-commissioned officer or soldier may be arrested by any officer, warrant officeror non-commissioned officer of the regular forces:

(4)A provost officer, or any officer, warrant officer F106 non-commissioned officer [F107or rating] legally exercising authority under a provost officer or on his behalf, may arrest any officer, warrantofficer, non-commissioned officer or soldier:

(5)The power of arrest given to any person by this section may (subject to the provisions of Queen’sRegulations) be exercised either personally or by ordering into arrest the person to be arrested or bygiving orders for that person’s arrest.

[F108 Custody]F298U.K.

75 Provisions for avoiding delay after arrest. U.K.

(1)The allegations against any person subject to military law who is under arrest shall be dulyinvestigated without unnecessary delay, and as soon as may be either proceedings shall be taken forpunishing his offence or he shall be released from arrest.

(2)Wherever any person subject to military law, having been taken into military custody, remains underarrest for a longer period than eight days without a court-martial for his trial being assembled, a specialreport on the necessity for further delay shall be made by his commanding officer to the prescribedauthority in the prescribed manner, and a similar report shall be made to the like authority and in the likemanner every eight days until a court-martial is assembled or the offence is dealt with summarily or he isreleased from arrest:

(3)F109

Investigation of, and summary dealing with, chargesF298U.K.

76 Investigation of charges by commanding officer. U.K.

Before an allegation against a person subject to military law (hereinafter referred to as “theaccused") that he has committed an offence against any provision of this Part of this Act is furtherproceeded with, the allegation shall be reported, in the form of a charge, to the accused’s commandingofficer and the commanding officer shall investigate the charge in the prescribed manner.

77 Charges to be dealt with summarily or by court-martial. U.K.

(1)After investigation, a charge against an officer below the rank of lieutenant-colonel or against awarrant officer may, if an authority has power under the following provisions of this Part of this Act todeal with it summarily, be so dealt with by that authority (in this Act referred to as “the appropriatesuperior authority") in accordance with those provisions.

(2)After investigation, a charge against a non-commissioned officer or soldier may be dealt with summarilyby his commanding officer, subject to and in accordance with the following provisions of this Part of thisAct.

(3)Any charge not dealt with summarily as aforesaid shall after investigation be remanded for trial bycourt-martial.

(4)Notwithstanding anything in the foregoing provisions of this section, where—

(a)the commanding officer has investigated a charge against an officer or warrant officer, or

(b)the commanding officer has investigated a charge against a non-commissioned officer or soldier whichis not one which can be dealt with summarily,

the commanding officer may dismiss the charge if he is of opinion that it ought not to be furtherproceeded with.

[F126(4A)This section has effect subject to section 77A of this Act]

(5)References in this Act to dealing summarily with a charge are references to the taking by theappropriate superior authority or the commanding officer of the accused, as the case may require, of thefollowing action, that is to say, determining whether the accused is guilty, dismissing the charge orrecording a finding of guilty accordingly, and awarding punishment.

[F12777A Power to stay further proceedings.U.K.

Where, in the course of investigating a charge, it appears to the accused’s commanding officer thatproceedings in respect of the matters to which the charge relates could be, and in the interests of thebetter administration of justice ought to be, taken against the accused otherwise than under this Act hemay stay further proceedings on the charge.]

78 Further proceedings on charges against N.C.O.s and soldiers. U.K.

(1)The following provisions of this section shall have effect where the commanding officer has investigateda charge against a non-commissioned officer or soldier [F128and has not stayed further proceedings thereon].

(2)If—

(a)the charge is not one which can be dealt with summarily and the commanding officer has not dismissedit, or

(b)the charge is one which can be dealt with summarily but the commanding officer is of opinion that itshould not be so dealt with,

he shall take the prescribed steps with a view to the charge being tried by court-martial.

[F129(3)Otherwise, the commanding officer shall proceed to deal with the charge summarily; and if he recordsa finding of guilty, he may award one or more of the following punishments—

(a)if the accused is a soldier, detention for a period not exceeding [F13060] days,

(b)fine,

(c)if the accused is non-commissioned officer, severe reprimand or reprimand,

(d)where the offence has occasioned any expense, loss or damage, stoppages, and

(e)any minor punishment for the time being authorised by the Defence Council:

• Provided that no fine or minor punishment shall be awarded for an offence for which detention isawarded:

• And provided also that the amount of a fine that may be awarded—

(a)except in the case of an offence against section 70 of this Act, shall not exceed the amount of theoffender’s pay for F131 twenty-eight days, and

(b)in the said excepted case—

(i)in any case, shall not exceed the amount of the offender’s pay for F131 twenty-eight days, and

(ii)where the said civil offence is punishable by a civil court in England only on summary conviction, andis so punishable by any fine of a maximum amount less than the amount limited by sub-paragraph (i) above,shall not exceed that maximum, and

(iii)where the said civil offence is punishable by a civil court in England on indictment by a fine of amaximum amount less than the amount so limited (whether or not it is also punishable on summary conviction)shall not exceed that maximum,

a day’s pay being taken for the purposes of this proviso, as regards a person found guilty of anyoffence, as the gross pay that is, or would (apart from any forfeiture) be, issuable to that person inrespect of the day on which punishment is awarded in respect of the offence.]

[F132(3a)Where the accused is a lance-corporal or lance-bombardier, and the commanding officer finds him guilty,the commanding officer may, if he awards no other punishment or no other punishment except stoppages, orderthe accused to be reduced to the ranks.]

(4)Where the accused is an acting warrant officer or non-commissioned officer, and the commanding officerfinds him guilty, the commanding officer may, if he awards no other punishment or no other punishment exceptstoppages, order the accused to revert to his permanent rank [F133or to assume an acting rank lower than that held by him but higher than his permanentrank][F134or, where his permanent rank is that of lance-corporal or lance-bombardier, to forfeithis acting rank and be reduced to the ranks].

(5)Notwithstanding anything in subsection (3) of this section, where the commanding officer [F135considers] that the accused is guilty and if the charge is dealt with summarily will award a punishment otherthan severe reprimand, reprimand or a minor punishment, or where a finding of guilty (whatever thepunishment awarded) will involve a forfeiture of pay, the commanding officer shall not record a findinguntil after affording the accused an opportunity of electing to be tried by court-martial; and if theaccused so elects and does not subsequently in accordance with Queen’s Regulations withdraw his election,the commanding officer shall not record a finding but shall take the prescribed steps with a view to thecharge being tried by court-martial.

(6)Where a charge is one which can be dealt with summarily, but the commanding officer has taken steps witha view to its being tried by court-martial, any higher authority to whom the charge is referred may referthe charge back to the commanding officer to be dealt with summarily; and on any such reference [F136the four last foregoing subsections] shall apply as if the commanding officer had originally been of opinion that the charge should bedealt with summarily:

79 Further proceedings on charges against officers and warrant officers. U.K.

(1)After investigating a charge against an officer or warrant officer, the commanding officer shall, unless he has dismissed [F137or stayed further proceedings on] the charge, or the case is one where he has power, and proposes, to direct trial by field general court-martial, submit it in the prescribed manner to higher authority; and thereupon it shall be determined by such authority how the charge is to be proceeded with in accordance with the two next following subsections.

(2)If the charge is one which can be dealt with summarily, it may be referred to the appropriate superior authority.

(3)If the charge is not so referred, the prescribed steps shall be taken with a view to its being triedby court-martial.

(4)Where the charge is referred to the appropriate superior authority, that authority shall investigate the charge in the prescribed manner and determine whether the accused is guilty of the charge and accordingly dismiss the charge or record a finding of guilty:

[F138(5)If the appropriate superior authority records a finding of guilty, the authority may award one or moreof the following punishments—

(a)except in the case of a warrant officer, forfeiture of seniority for a specified term or otherwise,

(b)fine,

(c)severe reprimand or reprimand, and

(d)where the offence has occasioned any expense, loss or damage, stoppages:

• Provided that the appropriate superior authority may not award both forfeiture of seniority and a fine:

• And provided also that the second proviso to section 78(3) of this Act shall have effect as respects fines awarded by virtue of this section as it has effect as respects fines awarded by virtue of the saidsection 78.]

(6)Notwithstanding anything in subsection (4) of this section, where the appropriate superior authority [F139considers] that the accused is guilty and if the charge is dealt with summarily will award [F140any punishment other than severe reprimand or reprimand], or where a finding of guilty will involve a forfeiture of pay, the authority shall not record a finding until after affording the accused an opportunity of electing to be tried by court-martial; and if the accused so elects [F141and does not subsequently in accordance with Queen’s Regulations withdraw his election] the authority shall not record a finding but shall take the prescribed steps with a view to the charge being tried by court-martial.

[F14280 Directions by higher authority for dismissal of charges or stay of proceedings. U.K.

(1)Notwithstanding anything in section 78 or 79 of this Act, where a charge has been referred to higherauthority with a view to its being tried by court-martial, or has been submitted to higher authority fordetermination how it is to be proceeded with, that authority may refer the charge back to the commandingofficer of the accused with a direction to dismiss the charge or a direction to stay all further proceedingsthereon; and the commanding officer shall deal with the charge accordingly.

(2)The reference back of a charge under subsection (1) above shall be without prejudice to the preferringof another charge if the higher authority has so directed or the commanding officer thinks fit.]

81 Confession of desertion by warrant officer, non-commissioned officer or soldier.U.K.

(1)Where in accordance with Queen’s Regulations a warrant officer, non-commissioned officer or soldiersigns a written confession that he has been guilty of desertion, his commanding officer may, notwithstandinganything in the foregoing provisions of this Part of this Act, submit the confession for the considerationof [F143the Defence Council] or such officer not below the rank of brigadier as may beprovided by Queen’s Regulations.

(2)After considering any such confession [F143the Defence Council] or such officer as aforesaid may direct that the offence shall not be tried by court-martial or dealtwith summarily by the appropriate superior authority or commanding officer, and if such a direction is giventhe period of his service as respects which he confesses to have been a deserter shall be forfeited.

(3)

F144(4)Subsections (2) to (7) of section seventeen of this Act shall apply in relation to the forfeiture ofservice by virtue of this section subject to the following modifications:—

(a)

F145(b)for references to the date on which the offender was convicted there shall be substituted referencesto the date on which the direction was given.

82 Officers who are to act as commanding officers and appropriate superior authorities.U.K.

(1)In this Act the expression “commanding officer”, in relation to a person charged with an offence, means such officerhaving powers of command over that person as may be determined by or under regulations of [F146the Defence Council].

(2)[F147The following persons may act as appropriate superior authority in relation to a personcharged with an offence, that is to say,—

(a)any general officer, flag officer, air officer or brigadier having power to convene generalcourts-martial; or

(b)such other general officer, flag officer, air officer or brigadier, or, where the Defence Council F148 so direct, colonel or naval or air force officer of corresponding rank, asmay be specified by or under regulations of the Defence Council]:

(3)Regulations under this section may confer on officers, or any class of officers, who by or under theregulations are authorised to exercise the functions of commanding officer power to delegate thosefunctions, in such cases and to such extent as may be specified in the regulations, to officers of a classso specified.

83 Limitation on powers of summary dealing with charges.U.K.

(1)The charges which may be dealt with summarily by a commanding officer, and the charges which may bedealt with summarily by an appropriate superior authority, shall be such as may be specified by regulationsof [F149the Defence Council].

(2)In such cases as may be specified in that behalf by regulations of [F149the Defence Council], the powers of a commanding officer or appropriate superior authority to award punishment shall besubject to such limitations as may be so specified.

Courts-martial: general provisionsF298U.K.

84 Trial to be by general court-martial, district court-martial or in certain cases field generalcourt-martial.U.K.

(1)Subject to the provisions of this section, a charge which is to be tried by court-martial shall be triedeither by general court-martial or by district court-martial.

(2)Where the officer commanding a body of the regular forces on active service—

(a)being an officer (whether military, naval or air-force) to whom under subsection (1) of sectionseventy-nine of this Act a charge has been submitted for determining how it is to be dealt with, or

(b)being the accused’s commanding officer who has investigated a charge which cannot be dealt withsummarily or which in his opinion ought not to be so dealt with, or

(c)being the accused’s commanding officer or the appropriate superior authority who has investigated acharge on which the accused has elected to be tried by court-martial,

is of opinion that it is not possible without serious detriment to the public service that the chargeshould be tried by a general or district court-martial, the officer may (whether or not he is authorisedto convene general courts-martial) direct that the charge shall be tried by a field general court-martial.