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PART IArticles of war

Civil offences

42Civil offences

(1)Every person subject to this Act who is guilty of any civil offence (that is to say any act or omission which is punishable by the law of England or would be so punishable if committed in England) shall be liable on conviction under this Act—

(a)in the case of an offence of treason or an offence of murder for which that punishment is not prohibited by section eight of the Homicide Act, 1957, to death;

(b)in the case of any other offence of murder, to imprisonment for life;

(c)in the case of any other offence, either—

(i)to such punishment (being a punishment authorised by this Act) as could be imposed on the offender on conviction before a civil court of the like offence committed in England, or

(ii)to dismissal with disgrace from Her Majesty's service or any less punishment authorised by this Act.

(2)A person subject to this Act may be charged with an offence under this section notwithstanding that he could on the same facts be charged with an offence under any other provision of this Part of this Act.