Army Act 1955 (repealed)

Persons subject to military lawF34U.K.

205 Persons subject to military law: general provisions.U.K.

(1)The following persons are subject to military law:—

(a)every officer holding a land forces commission (within the meaning of any Order of Her Majesty for thetime being regulating the granting of commissions) and for the time being employed, or recalled foremployment, in Her Majesty’s service in any capacity in which he can be required to be employed as theholder of his commission;

(b)every officer holding a land forces commission (within the meaning aforesaid) who for the time beingis not employed, or not employed as mentioned in paragraph (a) of this subsection, but is liable (otherwisethan in specified circumstances only) to be recalled to military service under Her Majesty;

(c)every officer, not subject to military law under the foregoing provisions of this section, who beingthe holder of a land forces commission (within the meaning aforesaid) is employed in Her Majesty’s servicein employment of which it is an express condition that while employed therein he is to be subject tomilitary law;

(d)every officer, not subject to military law under the foregoing provisions of this section, who, withthe approval of [F1the Defence Council] given subject to an express condition that while in that employment he is to be subject to militarylaw, is employed otherwise than in Her Majesty’s service;

[F2(e)every officer of the Territorial Army who is not a special member;

F2(ea)every officer of the Territorial Army who is a special member when in permanent service, in full-time service or undertaking any training or duty (whether in pursuance of an obligation or not);

F2(eb)every officer of the army reserve when in permanent service, in full-time service or undertaking any training or duty (whether in pursuance of an obligation or not) or when serving on the permanent staff of the army reserve;]

(f)every warrant officer, non-commissioned officer and soldier of the regular forces;

(g)every warrant officer, non-commissioned officer and man of the army reserve when [F3in permanent service, in full-time service or undertaking any training or duty (whether in pursuance of an obligation or not) or when serving on the permanent staff of the army reserve;]

(h)every warrant officer, non-commissioned officer and man of the Territorial Army when [F4in permanent service, in full-time service, called out for home defence service or undertaking any training or duty] (whether in pursuanceof an obligation or not), or when serving on the permanent staff of the Territorial Army;

(i)every person in receipt of a pension in respect of service in the regular forces, or of such serviceand other service, who is employed in Her Majesty’s service as mentioned in paragraph (c) of thissubsection;

(j)every person not otherwise subject to military law who is serving in any force raised by order of HerMajesty outside the United Kingdom and is under the command of an officer holding a land forces commissionor a commission in the Territorial Army;

F5(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)For the purposes of paragraph (d) of the last foregoing subsection a certificate of [F1the Defence Council] that approval to a person’s employment was given subject to the condition mentioned in that paragraphshall be conclusive evidence of the facts stated in the certificate.

(3)

[F6F7(4)In this section—

206 Persons subject to military law: Commonwealth forces.U.K.

Members of a naval, military or air force being a Commonwealth force are subject to military law to suchextent, and subject to such adaptations and modifications, as may be provided by or under any enactmentrelating to the attachment of members of such forces.

207 Persons subject to military law: Colonial forces.U.K.

(1)Subject to the provisions of this section, where any military force is raised under the law of a colony,any such law—

(a)may make provision in relation to that force and the officers, warrant officers, non-commissionedofficers and soldiers thereof so as to have effect as well when they are outside as when they are withinthe limits of the colony;

(b)may apply in relation to the force and the officers, warrant officers, non-commissioned officers andsoldiers thereof all or any of the provisions of this Act, either with or without adaptations, modificationsor exceptions.

(2)Where any military force raised under the law of a colony is serving with part of the regular forces,the army reserve or the Territorial Army, then in so far as the law of the colony does not provide for thegovernment and discipline of the force and the members thereof this Act shall apply—

(a)to the officers thereof as it applies to officers holding land forces commissions, and

(b)to the warrant officers, non-commissioned officers and soldiers thereof as it applies to warrantofficers, non-commissioned officers and soldiers of the regular forces,

but subject to such adaptations, modifications or exceptions as may be specified in the general ordersof the officer, whether military, naval or air-force but not below the rank of colonel or correspondingrank, commanding the forces with which the force raised in the colony is serving.

(3)While any officer, warrant officer, non-commissioned officer or soldier belonging to a force raisedunder the law of a colony is attached to, doing duty with, or otherwise acting as part of or with anyportion of the regular forces, the army reserve or the Territorial Army [F8outside that colony], the foregoing provisions of this section shall not apply in relation to him, but he shall be subjectto military law by virtue of this subsection and this Act shall apply to him as if he were a member of theregular forces.

208 Persons subject to military law: attached members of naval and air forces.U.K.

Where a member of any of Her Majesty’s naval or air forces is attached to any part of the regularforces, the army reserve or the Territorial Army, he shall while so attached be subject to military law;and the provisions of the Sixth Schedule to this Act shall have effect as respects persons subject tomilitary law by virtue of this section.

[F9208A Application of Act to passengers in H.M. ships and aircraft.U.K.

Part II of this Act shall, to such extent and subject to such modifications as may be prescribed byregulations made by the Defence Council, apply to persons embarked as passengers on board Her Majesty’sships or aircraft (not being persons who are subject to military law by virtue of any of the foregoingprovisions of this Act, or persons who are subject to air-force law or to the M1NavalDisciplineAct 1957) as it applies to persons subject to military law.]

209 Application of Act to civilians.U.K.

(1)Subject to the modifications hereinafter specified, where any body of the regular forces is on active service, Part II of this Act shall apply to any person who is employed in the service of that body of the forces or any part or member thereof, or accompanies the said body or any part thereof, and is not subject to military law, [F10the M2Naval Discipline Act 1957], or air-force law apart from this section or any corresponding provisions of that Act or the M3Air Force Act 1955, as the said Part II applies to persons subject to military law.

(2)Subject to the modifications hereinafter specified, Part II of this Act shall at all times apply to a person of any description specified in the Fifth Schedule to this Act who is within the limits of the command of any officer commanding a body of the regular forces outside the United Kingdom, and is not subject to military law, [F10the M4Naval Discipline Act 1957], or air-force law apart from this section or any corresponding provisions of that Act or the M5Air Force Act 1955, as the said Part II applies to persons subject to military law:

(a)sections 29, 35, 36 and 55 to 57, and section 68 so far as it relates to those sections, and

(b)in the case of persons falling within any description specified in paragraphs 1 to 4 of Schedule 5, section 34B and section 68 so far as it relates to that section.]

(3)The said modifications are the following:

[F12(a)on a trial—

(i)a court-martial may award the punishments specified in paragraphs F13. . . (b) and (h) of section 71(1)above, except that section 71(5)(a) above shall not apply to the amount of a fine;

(ii)a Standing Civilian Court established under the M6Armed Forces Act 1976 may award any punishment authorised for such courts by section 8 of that Act; and

(iii)a court-martial or Standing Civilian Court may make any order authorised by Schedule 5A below;

(aa)any such order shall be treated as a punishment for the purposes of this Act;

(ab)paragraph 15 of Schedule 5A below shall have effect in substitution for the words in section 71(1) above from “and references in this Act" to the end;]

(b)the punishment which may be awarded where a charge is dealt with summarily shall, in the case of any offence, be a fine not exceeding [F14£100], but no other punishment;

(c)the following provision shall have effect in substitution for subsections (2) to (4) of section seventy-four, that is to say that a person may be arrested by a provost officer, by any warrant officer or non-commissioned officer legally exercising authority under a provost officer or on his behalf, or by order of any officer of the regular forces;

[F15(ca)section 75J(2)(b) above shall have effect with the omission of the words from the beginning to “of this Act";

F15(cb)section 75K(6) above shall have effect with the omission of paragraph (a);]

F16(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)the provisions of this Act relating to the investigation of, and summary dealing with, offences shall save as otherwise expressly provided apply as they apply to officers and warrant officers;

(f)for the purposes of [F17Part 2 of this Act], the commanding officer shall be such officer as may be determined by or under regulations of [F18the Defence Council] made for the purposes of this section;

[F19(fa)a court-martial for the trial of any such person as in mentioned in subsection (1) or (2) above may include in place of the corresponding number of [F20officers or warrant officers]—

(i)if it is a general court-martial F21. . ., not more than two persons who are in the service of the Crown and are persons such as are mentioned in subsection (1) or (2) above, and

(ii)if it is a district court-martial F21. . ., nor more than one person who is in the service of the Crown and is himself a person such as is mentioned in either of those subsections,

but a person who is a member of a court-martial by virtue of this paragraph shall not be appointed the president of the court-martial;]

[F22(faa)references to the officers appointed members of a court-martial shall be construed as including references to persons who are members of a court-martial by virtue of paragraph (fa) above;]

[F23(fab)where the summary appeal court hears an appeal brought by any such person as is mentioned in subsection (1) or (2) above and the court would otherwise include two officers qualified under section 83ZC of this Act for membership of the court, the court may include in place of either or both of them a corresponding number of persons who are in the service of the Crown and are persons such as are mentioned in subsection (1) or (2) above,

F23(fac)references in Part II of this Act to the officers qualified under section 83ZC for membership of the summary appeal court shall be construed as including references to persons who are members of that court by virtue of paragraph (fab) above,]

F24(fb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)for references in sections one hundred and thirty-one and one hundred and thirty-two of this Act to being, continuing, or ceasing to be subject to military law there shall be substituted references to being, continuing to be or ceasing to be in such circumstances that the said Part II applies, and subsection (3)of the said section one hundred and thirty-one shall not apply.

[F25(3A)For the purposes of paragraph (g) of subsection (3) of this section a person shall be deemed not to have ceased to be in such circumstances as are mentioned in that paragraph if he has so ceased by reason only of one or both of the following, namely—

(a)the fact that he has ceased to be within the limits of a command within whose limits he continues to have his ordinary residence or to serve or to be employed;

(b)the fact that there has been an interruption of his residence with a family of persons whose place of residence continues to be his home.]

[F26(3B)In their application to any area for which Standing Civilian Courts are established under the M7Armed Forces Act 1976—

F27(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F28(aa)section 83 above shall have effect as if after subsection (1) there were inserted the following subsection—

(1A)Regulations under this section may provide for sections 76 to 76C of this Act to have effect subject to such modifications as may be specified in relation to charges which may be tried by Standing Civilian Courts and which are brought against persons whom such courts may try.]

[F29(b)section 103(1) above shall have effect as if the following paragraph were inserted after paragraph (b)—]

[F29(c)the hearing by courts-martial of appeals against findings and sentences of Standing Civilian Courts.]

(c)subsection (3) above shall have effect in relation to charges which may be tried by Standing Civilian Courts and which are brought against persons whom such courts may try, but without prejudice to its effect in relation to other charges, as if the following paragraph were substituted for paragraph (e):—

“(e)sections 76, [F30to 76C] above shall apply as they apply to officers and warrant officers, subject to such modifications [F30as may be specified by regulations under section 83 of this Act] and by any order under paragraph 12 of Schedule 3 of the Armed Forces Act 1976;”]

F31(3C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F32(4)A fine awarded against any person by virtue of this section by a court-martial, a Standing Civilian Court or the appropriate superior authority, and a sum which an order under paragraph 11 of Schedule 5Abelow requires any person to pay shall be recoverable, in the United Kingdom or any colony, as a debt due to Her Majesty.

(4A)The registration of a financial penalty enforcement order under section 133A above shall not affect the power of recovery in a colony conferred by subsection (4) above.

(4B)Section 199 above shall apply to persons such as are mentioned in subsection (1) or (2) above, as it applies to persons subject to military law.]

[F33(5)This section does not apply to any person to whom section 208A above applies.]