Army Act 1955 (repealed)

Part VF38 U.K. General Provisions

Modifications etc. (not altering text)

C1 Pt. V extended by Reserve Forces Act 1980 (c. 9), s. 142

Textual Amendments applied to the whole legislation

F38 Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2

Powers of commandF38 U.K.

177 Powers of command. U.K.

(1) It is hereby declared for the avoidance of doubt that Her Majesty may make regulations as to thepersons, being members of Her Majesty’s forces, in whom command over Her Majesty’s military forces, or anypart or member thereof, is to be vested and as to the circumstances in which such command as aforesaid isto be exercised.

(2) In relation to members of Her Majesty’s military forces when in aircraft, the last foregoing subsectionshall have effect as if references to members of Her Majesty’s forces included references to any person incommand of an aircraft.

(3) Nothing in this section shall affect any power vested in Her Majesty apart from this section.

178 Powers of command of members of co-operating naval or air forces. U.K.

In so far as powers of command depend on rank, a member of any of Her Majesty’s naval or air forceswho—

(a) is acting with, or

(b) is a member of a body of any of those forces which is acting with,

any body of the regular forces shall have the like such powers as a member of the regular forces ofcorresponding rank; and for the purposes of sections thirty-three and seventy-four of this Act any suchmember of the said naval or air forces shall be treated as if he were a member of the regular forces ofcorresponding rank.

Attachment to naval or air forcesF38 U.K.

179 Attachment of members of military forces to naval or air forces. U.K.

(1) An officer, warrant officer, non-commissioned officer or soldier of the regular forces may be attachedtemporarily to any of Her Majesty’s naval or air forces.

(2) Regulations made by [F1 the Defence Council] may prescribe circumstances in which officers, warrant officers, non-commissioned officers andsoldiers of the regular forces shall be deemed to be attached to any of Her Majesty’s naval or air forces,as the case may be, under the last foregoing subsection.

(3)

F2 (4) A person shall not cease to be subject to military law by reason only of attachment in pursuance of thissection.

Textual Amendments

F1 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F2 S. 179(3) repealed by S.I. 1964/488, Sch. 1 Pt. I

Modifications etc. (not altering text)

C2 S. 179 extended by Naval Discipline Act 1957 (c. 53), s. 113(1)

Redress of complaintsF38 U.K.

180 Complaints by officers. U.K.

(1) If an officer thinks himself wronged in any matter by a superior officer or authority and on applicationto his commanding officer does not obtain the redress to which he thinks he is entitled, he may make acomplaint with respect to that matter to [F3 the Defence Council].

(2) On receiving any such complaint it shall be the duty of [F3 the Defence Council] to investigate the complaint and to grant any redress which appears to them to be necessary or, ifthe complainant so requires, [F3 the Defence Council] shall through the Secretary of State make their report on the complaint to Her Majesty in order toreceive the directions of Her Majesty thereon.

Textual Amendments

F3 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

181 Complaints by warrant officers, non-commissioned officers and soldiers. U.K.

(1) If a warrant officer, non-commissioned officer or soldier thinks himself wronged in any matter by anyofficer other than his commanding officer or by any warrant officer, non-commissioned officer or soldier,he may make a complaint with respect to that matter to his commanding officer.

(2) If a warrant officer, non-commissioned officer or soldier thinks himself wronged in any matter by hiscommanding officer, either by reason of redress not being given to his satisfaction on a complaint underthe last foregoing subsection or for any other reason, [F4 he may, in accordance with the procedure laid down in Queen’s Regulations, make acomplaint with respect thereto to the Defence Council].

(3) It shall be the duty of [F4 a commanding officer or, as the case may be, the Defence Council] to have any complaint received by him [F5 or them] investigated and to take any steps for redressing the matter complained of which appear to him [F5 or them] to be necessary.

Textual Amendments

F4 Words substituted by Armed Forces Act 1971 (c. 33), s. 66(2)

F5 Words inserted by Armed Forces Act 1971 (c. 33), s. 66(2)

Exemptions for members of regular forcesF38 U.K.

182 Officers on active list not to be sheriffs. U.K.

An officer of the regular forces on the active list (as defined by Royal Warrant) shall not be capableof being nominated or elected to be sheriff of any county, borough, or other place.

183 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 U.K.

Textual Amendments

F6 S. 183 repealed by (E.W) Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. I, (N.I.) S.I.1974/2143 (N.I.6), Sch. 5 and (S.) Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55), Sch.3

184 Exemptions from tolls, etc. U.K.

(1) Duties or tolls for embarking from or disembarking on any pier, wharf, quay or landing place in theUnited Kingdom or any colony, or for passing over any road or bridge in the United Kingdom or any colony,shall not be payable in respect of—

(a) members of the regular forces on duty;

(b) vehicles in military service, being vehicles belonging to the Crown or other vehicles driven by persons(whether members of Her Majesty’s forces or not) in the service of the Crown;

(c) goods carried in such vehicles;

(d) horses or other animals in military service.

(2) In the last foregoing subsection the expression “in military service” means employed under proper military authority for the purposes ofany body of the regular forces or accompanying any body of the regular forces.

(3) Members of the regular forces on duty when using ferries in Scotland shall be entitled to be carriedat half rate.

Modifications etc. (not altering text)

C3 S. 184 extended by S.I. 1965/1536, art. 12(2), Sch. 3 and Reserve Forces Act 1980 (c.9), ss. 84(a), 119(a)

C4 S. 184 modified (1.4.1997) by 1996 c. 14, s. 124(2); S.I. 1997/305, art. 2(1)

185 Exemption from taking in execution of property used for military purposes. U.K.

No judgment or order given or made against a member of any of Her Majesty’s military forces by any courtin the United Kingdom or a colony shall be enforced by the levying of execution on any property of theperson against whom it is given or made, being arms, ammunition, equipment, instruments or clothing usedby him for military purposes.

Provisions relating to deserters and absentees without leaveF38 U.K.

186 Arrest of deserters and absentees without leave. U.K.

(1) A constable may arrest any person whom he has reasonable cause to suspect of being an officer, warrantofficer, non-commissioned officer or soldier of the regular forces who has deserted or is absent withoutleave.

(2) Where no constable is available, any officer, warrant officer, non-commissioned officer or soldier ofthe regular forces, or any other person, may arrest any person whom he has reasonable cause to suspect asaforesaid.

(3) Any person having authority to issue a warrant for the arrest of a person charged with crime, ifsatisfied by evidence on oath that there is, or is reasonably suspected of being, within his jurisdictionan officer, warrant officer, non-commissioned officer or soldier of the regular forces who has deserted oris absent without leave or is reasonably suspected of having deserted or of being absent without leave, mayissue a warrant authorising his arrest.

(4) Any person in custody in pursuance of this section shall as soon as practicable be brought before acourt of summary jurisdiction.

[F7 (4A) A person shall also be brought before a court of summary jurisdiction if, having been brought beforesuch a court by virtue of subsection (4) above and discharged by that court by virtue of section 187(3)below—

(a) he is subsequently arrested as an alleged or suspected deserter or absentee without leave under section74 of this Act, or under a warrant issued under section 190A thereof, and

(b) the question whether he is in fact in desertion or absent without leave raises any issue which wasinvestigated by the court discharging him, and

(c) he does not admit that he is in desertion or absent without leave to the person arresting him under thesaid section 74 or, as the case may be, to the person into whose custody he is delivered pursuant to thesaid section 190A.]

(5) This section shall have effect in the United Kingdom and in any colony.

Textual Amendments

F7 S. 186(4A) inserted by Armed Forces Act 1971 (c. 33), s. 56(1)

Modifications etc. (not altering text)

C5 S. 186 extended by Guyana Independence Act 1966 (c. 14), s. 5(2)

187 Proceedings before a civil court where persons suspected of illegal absence. U.K.

(1) Where a person who is brought before a court of summary jurisdiction is alleged to be an officer,warrant officer, non-commissioned officer or soldier of the regular forces who has deserted or is absentwithout leave, the following provisions shall have effect.

(2) If he admits that he is illegally absent from the regular forces and the court is satisfied of the truthof the admission, then—

(a) unless he is in custody for some other cause the court shall, and

(b) notwithstanding that he is in custody for some other cause, the court may,

forthwith either cause him to be delivered into military custody in such manner as the court may thinkfit or commit him to some prison, police station or other place provided for the confinement of persons incustody, to be kept there for such reasonable time as the court may specify (not exceeding such time asappears to the court reasonably necessary for the purpose of enabling him to be delivered into militarycustody) or until sooner delivered into such custody.

Any time specified by the court may be extended by the court from time to time if it appears to thecourt reasonably necessary so to do for the purpose aforesaid.

(3) If he does not admit that he is illegally absent as aforesaid, or the court is not satisfied of thetruth of the admission, the court shall consider the evidence and any statement of the accused, and ifsatisfied that he is subject to military law and if of opinion that there is sufficient evidence to justifyhis being tried under this Act for an offence of desertion or absence without leave then, unless he is incustody for some other cause, the court shall cause him to be delivered into military custody or commit himas aforesaid, but otherwise shall discharge him:

Provided that if he is in custody for some other cause the court shall have power, but shall not berequired, to act in accordance with this subsection.

(4) The following provisions of [F8 the M1 Magistrates’ Courts Act 1980], or any corresponding enactment in force as respects the court in question, that is to say theprovisions relating to the constitution and procedure of courts of summary jurisdiction acting as examiningjustices and conferring powers of adjournment and remand on such courts so acting, and the provisions asto evidence and the issue and enforcement of summonses or warrants to secure the attendance of witnesses,shall apply to any proceedings under this section.

[F9 (4A) For the purposes of any proceedings under this section, a certificate which states that a person is amember of, and illegally absent from, the regular forces, and purports to be signed by an officer who, ifthat person were charged with an offence, would be either his commanding officer or authorised to act ashis appropriate superior authority, shall be evidence of the matters so stated.]

(5) This section shall have effect in the United Kingdom and in any colony.

Textual Amendments

F8 Words substituted by Magistrates' Courts Act 1980 (c. 43), Sch. 7 para. 12

F9 S. 187(4A) inserted by Armed Forces Act 1971 (c. 33), s. 56(2)

Modifications etc. (not altering text)

C6 S. 187 extended by Guyana Independence Act 1966 (c. 14), s. 5(2)

Marginal Citations

M1 1980 c. 43.

188 Deserters and absentees without leave surrendering to police. E+W

(1) Where in the United Kingdom or any colony a person surrenders himself to a constable as being illegallyabsent from the regular forces, the constable shall (unless he surrenders himself at a police station) bringhim to a police station.

(2) The officer of police in charge of a police station at which a person has surrendered himself asaforesaid, or to which a person who has so surrendered himself is brought, shall forthwith inquire into thecase, and if it appears to that officer that the said person is illegally absent as aforesaid he may causehim to be delivered into military custody without bringing him before a court of summary jurisdiction ormay bring him before such a court.

Modifications etc. (not altering text)

C7 S. 188 extended by Guyana Independence Act 1966 (c. 14), s. 5(2)

189 Certificates of arrest or surrender of deserters and absentees. U.K.

(1) Where a court of summary jurisdiction in pursuance of section one hundred and eighty-seven of this Actdeals with a person as illegally absent, then when that person is delivered into military custody thereshall be handed over with him a certificate in the prescribed form, signed by a justice of the peace,containing the prescribed particulars as to his arrest or surrender and the proceedings before the court;and for any such certificate there shall be payable to the clerk of the court, by such person as [F10 the Defence Council] may direct, such fee (if any) as may be prescribed.

(2) Where under the last foregoing section a person is delivered into military custody without being broughtbefore a court, there shall be handed over with him a certificate in the prescribed form, signed by theofficer of police who causes him to be delivered into military custody, containing the prescribedparticulars relating to his surrender.

(3) In any proceedings for an offence under section thirty-seven or thirty-eight of this Act—

(a) a document purporting to be a certificate under either of the two last foregoing subsections and to besigned as thereby required, shall be evidence of the matters stated in the document;

[F11 (aa) where the proceedings are against a person who has surrendered himself to a consular officer, acertificate purporting to be signed by that officer and stating the fact, date, time and place of surrendershall be evidence of the matters stated in the certificate;]

(b) where the proceedings are against a person who has been taken into military, naval or air-force custodyon arrest or surrender, a certificate purporting to be signed by a provost officer, or any correspondingofficer of a Commonwealth force or a force raised under the law of a colony, or by any other officer incharge of the guardroom or other place where that person was confined on being taken into custody, statingthe fact, date, time and place of arrest or surrender shall be evidence of the matters stated in thecertificate.

(4) In this section the expression “prescribed” means prescribed by regulations made by a Secretary of State by statutoryinstrument.

Textual Amendments

F10 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F11 S. 189(3)(aa) inserted by Armed Forces Act 1971 (c. 33), s. 56(3)

Modifications etc. (not altering text)

C8 S. 189 extended by Guyana Independence Act 1966 (c. 14), s. 5(2)

C9 S. 189(1) amended by Army and Air Force Act 1961 (c. 52), s. 30

190 Duties of governors of prisons and others to receive deserters and absentees. U.K.

(1) It shall be the duty of the governor of a civil prison in the United Kingdom or of the superintendentor other person in charge of a civil prison in a colony to receive any person duly committed to that prisonby a court of summary jurisdiction as illegally absent from the regular forces and to detain him until inaccordance with the directions of the court he is delivered into military custody.

(2) The last foregoing subsection shall apply to the person having charge of any police station or otherplace (not being a prison) provided for the confinement of persons in custody, whether in the United Kingdomor in a colony, as it applies to the governor or superintendent of a prison.

Modifications etc. (not altering text)

C10 S. 190 extended by Guyana Independence Act 1966 (c. 14), s. 5(2)

Further powers of arrest of civil authoritiesF38 U.K.

[F12 190A Arrest under warrants of commanding officers. U.K.

(1) A warrant for the arrest of a person suspected of any offence under Part II of this Act may be issuedby his commanding officer (determined for the purposes of this subsection as if that person had been chargedwith the offence).

(2) A warrant issued under this section shall be addressed to an officer or officers of police, and shallspecify the name of the person for whose arrest it is issued and the offences which he is alleged to havecommitted; and any such warrant may be issued in respect of two or more persons alleged to have committedthe same offence, or offences of the same class.

(3) A person arrested under a warrant issued under this section shall as soon as practicable be deliveredinto military custody; and there shall be handed over with him a certificate signed by the officer of policewho causes him to be delivered into military custody stating the fact, date, time and place of arrest, andwhether or not the person arrested was at the time of arrest wearing the uniform of any of Her Majesty’smilitary forces.

(4) A certificate under subsection (3) above shall be in such form as may be prescribed by regulations madeby a Secretary of State by statutory instrument and shall for the purposes of this Act be evidence of thematters stated therein.]

Textual Amendments

F12 Ss. 190A, 190B inserted by Armed Forces Act 1971 (c. 33), s. 44(2)

190B Arrest of persons unlawfully at large. U.K.

(1) A constable may arrest without warrant any person who, having been sentenced under Part II of this Actto imprisonment or detention, is unlawfully at large during the currency of the sentence, and may take himto any place in which he may be required in accordance with law to be detained.

(2) The provisions of subsections (5) to (7) of section 119 of this Act shall have effect for the purposesof subsection (1) above as they have effect for the purposes of the said section 119.

Offences relating to military matters punishable by civil courtsF38 U.K.

191 Punishment for pretending to be a deserter. U.K.

Any person who in the United Kingdom or any colony falsely represents himself to any military, naval,air-force or civil authority to be a deserter from the regular forces shall be liable on summary convictionto a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months or to bothsuch a fine and such imprisonment.

192 Punishment for procuring and assisting desertion. U.K.

(1) Any person who, whether within or without Her Majesty’s dominions,—

(a) procures or persuades any officer, warrant officer, non-commissioned officer or soldier of the regularforces to desert or to absent himself without leave; or

(b) knowing that any such officer, warrant officer, non-commissioned officer or soldier is about to desertor absent himself without leave, assists him in so doing; or

[F13 (c) knowing any person to be a deserter or absentee without leave from the regular forces, procures orpersuades or assists him to remain such a deserter or absentee, or assists in his rescue from custody],

shall be guilty of an offence against this section.

(2) Any person guilty of an offence against this section shall be liable on summary conviction to a finenot exceeding fifty pounds or to imprisonment for a term not exceeding three months, or to both such a fineand such imprisonment, or on conviction on indictment to a fine not exceeding five hundred pounds or toimprisonment for a term not exceeding two years or to both such a fine and such imprisonment.

Textual Amendments

F13 S. 192(1)(c) substituted by Armed Forces Act 1966 (c. 45), s. 18(1)

Modifications etc. (not altering text)

C11 s. 192 modified (23.6.1999) by S.I. 1999/1736, art. 18

193 Punishment for obstructing members of regular forces in execution of duty. U.K.

Any person who, in the United Kingdom or any colony, wilfully obstructs or otherwise interferes withany officer, warrant officer, non-commissioned officer or soldier of the regular forces acting in theexecution of his duty shall be liable on summary conviction to a fine not exceeding [F14 level 3 on the standard scale] or to imprisonment for a term not exceeding three months or to both such a fine and such imprisonment.

Textual Amendments

F14 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss.38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I.1984/703 (N.I.3), arts. 5, 6

194 Punishment for aiding malingering. U.K.

Any person who, whether within or without Her Majesty’s dominions,—

(a) produces in an officer, warrant officer, non-commissioned officer or soldier of the regular forces anysickness or disability; or

(b) supplies to or for him any drug or preparation calculated or likely to render him, or lead to the beliefthat he is, permanently or temporarily unfit for service,

with a view to enabling him to avoid military service, whether permanently or temporarily, shall beliable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term notexceeding three months or to both such a fine and such imprisonment, or on conviction on indictment to afine not exceeding five hundred pounds or to imprisonment for a term not exceeding two years or to both sucha fine and such imprisonment.

195 Unlawful purchase, etc. of military stores. U.K.

(1) Any person who, whether within or without Her Majesty’s dominions, acquires any military stores orsolicits or procures any person to dispose of any military stores, or acts for any person in the disposingof any military stores, shall be guilty of an offence against this section unless he proves either—

(a) that he did not know, and could not reasonably be expected to know, that the chattels in question weremilitary stores, or

(b) that those chattels had (by the transaction with which he is charged or some earlier transaction) beendisposed of by order or with the consent of [F15 the Defence Council] or of some person or authority who had, or whom he had reasonable cause to believe to have, power togive the order or consent, or

(c) that those chattels had become the property of an officer who had retired or ceased to be an officer,or of a warrant officer, non-commissioned officer or soldier who had been discharged, or of the personalrepresentatives of a person who had died.

(2) Any person guilty of an offence against this section shall be liable on summary conviction to a finenot exceeding one hundred pounds or to imprisonment for a term not exceeding three months or to both sucha fine and such imprisonment, or on conviction on indictment to a fine not exceeding five hundred poundsor imprisonment for a term not exceeding two years or to both such a fine and such imprisonment.

[F16 (3) A constable may seize any property which he has reasonable grounds for suspecting of having been thesubject of an offence against this section.]

(4) Any person having authority to issue a warrant for the arrest of a person charged with crime may, ifsatisfied by evidence on oath that a person within his jurisdiction has, or is reasonably suspected ofhaving, in his possession any property which has been the subject of an offence against this section, granta warrant to search for such property as in the case of stolen goods; and any property suspected of havingbeen the subject of such an offence which is found on such a search shall be seized by the officer chargedwith the execution of the warrant, and that officer shall bring the person in whose possession or keepingthe property is found before a court of summary jurisdiction.

(5) In this section—

• the expression “acquire” means buy, take in exchange, take in pawn or otherwise receive (whether apartfrom this section the receiving is lawful or not);

• the expression “dispose” means sell, give in exchange, pledge or otherwise hand over (whether apart fromthis section the handing over is lawful or not);

• the expression “military stores” means any chattel of any description belonging to Her Majesty, which hasbeen issued for use for military purposes or is held in store for the purpose of being so issued whenrequired, and includes any chattel which had belonged, and had been issued or held, as aforesaid at somepast time.

(6) For the purposes of subsection (4) of this section property shall be deemed to be in the possession ofa person if he has it under his control, and whether he has it for his own use or benefit or for the useor benefit of another.

Textual Amendments

F15 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F16 S. 195(3) substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95),s. 119(1),Sch. 6 Pt. I para. 8 (E.W.) and by S.I. 1989/1341 (N.I.12), art. 90(1), Sch. 6 para. 4

196 Illegal dealings in documents relating to pay, pensions, mobilisation, etc. U.K.

(1) Any person who—

(a) as a pledge or a security for a debt, or

(b) with a view to obtaining payment from the person entitled thereto of a debt due either to himself orto any other person,

receives, detains or has in his possession any official document issued in connection with the paymentto any person of any pay, pension, allowance, gratuity or other payment payable in respect of his or anyother person’s military service shall be guilty of an offence against this section.

(2) Any person who has in his possession without lawful authority or excuse (the proof whereof shall lieon him) any such document as aforesaid, or any official document issued in connection with the mobilisationor demobilisation of any of Her Majesty’s military forces or any member thereof, shall be guilty of anoffence against this section.

(3) Any person guilty of an offence against this section shall be liable on summary conviction to a finenot exceeding [F17 level 3 on the standard scale] or to imprisonment for a term not exceeding three months or to both such a fine and such imprisonment.

(4) For the purposes of this section a document shall be deemed to be in the possession of a person if hehas it under his control and whether he has it for his own use or benefit or for the use or benefit ofanother.

(5) This section shall have effect in the United Kingdom and in any colony.

Textual Amendments

F17 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss.38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I.1984/703 (N.I.3), arts. 5, 6

197 Unauthorised use of and dealing in decorations, etc. U.K.

(1) Any person who, in the United Kingdom or in any colony,—

(a) without authority uses or wears any military decoration, or any badge, wound stripe or emblem suppliedor authorised by [F18 the Defence Council], or

(b) uses or wears any decoration, badge, wound stripe, or emblem so nearly resembling any militarydecoration, or any such badge, stripe or emblem as aforesaid, as to be calculated to deceive, or

(c) falsely represents himself to be a person who is or has been entitled to use or wear any suchdecoration, badge, stripe or emblem as is mentioned in paragraph (a) of this subsection,

shall be guilty of an offence against this section:

Provided that nothing in this subsection shall prohibit the use or wearing of ordinary regimentalbadges or of brooches or ornaments representing them.

(2) Any person who purchases or takes in pawn any naval, military or air-force decoration awarded to anymember of Her Majesty’s military forces, or solicits or procures any person to sell or pledge any suchdecoration, or acts for any person in the sale or pledging thereof, shall be guilty of an offence againstthis section unless he proves that at the time of the alleged offence the person to whom the decoration wasawarded was dead or had ceased to be a member of those forces.

(3) Any person guilty of an offence against this section shall be liable on summary conviction to a finenot exceeding [F19 level 3 on the standard scale] or to imprisonment for a term not exceeding three months or to both such a fine and such imprisonment.

Textual Amendments

F18 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F19 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss.38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I.1984/703 (N.I.3), arts. 5, 6

Provisions as to evidenceF38 U.K.

198 General provisions as to evidence. U.K.

(1) The following provisions F20 shall have effect with respect to evidence in proceedings under this Act,whether before a court-martial, a civil court or otherwise.

(2) A document purporting to be a copy of the attestation paper signed by any person and to be certifiedto be a true copy by a person stated in the certificate to have the custody of the attestation paper shallbe evidence of the enlistment of the person attested.

(3) The attestation paper purporting to be signed by a person on his enlistment shall be evidence of hishaving given the answers to questions which he is therein recorded as having given.

(4) A letter, return or other document stating that any person—

(a) was or was not serving at any specified time or during any specified period in any part of Her Majesty’sforces or was discharged from any part of those forces at or before any specified time, or

(b) held or did not hold at any specified time any specified rank or appointment in any of those forces,or had at or before any specified time been attached, posted or transferred to any part of those forces,or at any specified time or during any specified period was or was not serving or held or did not hold anyrank or appointment in any particular country or place, or

(c) was or was not at any specified time authorised to use or wear any decoration, badge, wound stripe oremblem,

shall, if purporting to be issued by or on behalf of [F21 the Defence Council], F22 , or by a person authorised by F22 them, be evidence of the matters stated in the document.

(5) A record made in any service book or other document prescribed by Queen’s Regulations for the purposesof this subsection, being a record made in pursuance of any Act or of Queen’s Regulations, or otherwise inpursuance of military duty, and purporting to be signed by the commanding officer or by any person whoseduty it was to make the record, shall be evidence of the facts stated therein; and a copy of a record(including the signature thereto) in [F23 any such book or other document as aforesaid], purporting to be certified to be a true copy by a person stated in the certificate to have thecustody of the book [F24 or other document], shall be evidence of the record.

(6) A document purporting to be issued by order of [F21 the Defence Council] and to contain instructions or regulations given or made by [F21 the Defence Council] shall be evidence of the giving of the instructions or making of the regulations and of theircontents.

(7) A certificate purporting to be issued by or on behalf of [F21 the Defence Council], or by a person authorised by F22 them, and stating—

(a) that a decoration of a description specified in or annexed to the certificate is a military, naval orair-force decoration, or

(b) that a badge, wound stripe or emblem of a description specified in or annexed to the certificate is onesupplied or authorised by [F21 the Defence Council],

shall be evidence of the matters stated in the certificate.

(8) A certificate purporting to be signed by a person’s commanding officer or any officer authorised by himto give the certificate, and stating the contents of, or of any part of, standing orders or other routineorders of a continuing nature made for—

(a) any formation or unit or [F25 body of Her Majesty’s forces], or

(b) any command or other area, garrison or place, or

(c) any ship, train or aircraft,

shall in proceedings against the said person be evidence of the matters stated in the certificate.

(9) Any document which would be evidence in any proceedings under the M2 Air Force Act1955, by virtue of section one hundred and ninety-eight of that Act shall in like manner, subject to thelike conditions, and for the like purpose be evidence in the like proceedings under this Act.

Textual Amendments

F20 Words repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(2), Sch.7 Pt. III

F21 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F22 Words repealed by S.I. 1964/488, Sch. 1 Pt. I

F23 Words substituted by Army and Air Force Act 1961 (c. 52), Sch. 2

F24 Words inserted by Army and Air Force Act 1961 (c. 52), Sch. 2

F25 Words substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(8)

Modifications etc. (not altering text)

C12 S. 198(8)(c) extended by S.I. 1972/971, art. 4, Sch. 1

Marginal Citations

M2 1955 c. 19.

198A, 198B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26 U.K.

Textual Amendments

F26 Ss. 198A, 198B repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s.119(2), Sch. 7 Pt. III

[F27 198C Provision as to age. U.K.

Where the age of any person at any time is material for the purposes of any provision of this Actregulating the powers of a court-martial, his age at the material time shall be deemed to be or to have beenthat which appears to the court, after considering any available evidence, to be or to have been his ageat that time.]

Textual Amendments

F27 S. 198C inserted by Armed Forces Act 1976 (c. 52) Sch. 9 para. 4; renumbered as s. 198C by Armed Forces Act 1981 (c. 55), s. 9(2)

199 Proof of outcome of civil trial. U.K.

(1) Where a person subject to military law has been tried before a civil court (whether at the time of thetrial he was subject to military law or not), a certificate signed by the clerk of the court and statingall or any of the following matters,—

(a) that the said person has been tried before the court for an offence specified in the certificate,

(b) the result of the trial,

(c) what judgment or order was given or made by the court,

(d) that other offences specified in the certificate were taken into consideration at the trial,

shall for the purposes of this Act be evidence of the matters stated in the certificate.

(2) The clerk of the court shall, if required by the commanding officer of the person in question or anyother officer, furnish a certificate under this section and shall be paid such fee as may be prescribed byregulations made by a Secretary of State.

(3) A document purporting to be a certificate under this section and to be signed by the clerk of the courtshall, unless the contrary is shown, be deemed to be such a certificate.

(4) References in this section to the clerk of the court include references to his deputy and to any otherperson having the custody of the records of the court.

200 Evidence of proceedings of court-martial. U.K.

(1) The original proceedings of a court-martial purporting to be signed by the president of the court andbeing in the custody of the Judge Advocate General or of any person having the lawful custody thereof shallbe admissible in evidence on production from that custody.

(2) A document purporting to be a copy of the original proceedings of a court-martial or any part thereofand to be certified by the Judge Advocate General or any person authorised by him, or by any other personhaving the lawful custody of the proceedings, to be a true copy shall be evidence of the contents of theproceedings or the part to which the document relates, as the case may be.

(3) This section applies to evidence given in any court, whether civil or criminal and whether in the UnitedKingdom or in any colony.

[F28 200A False statements in computer record certificates. U.K.

(1) Any person who in a certificate tendered under paragraph 8 of Schedule 3 to the Police and CriminalEvidence Act 1984 (computer records) in evidence before a court-martial makes a statement which he knowsto be false or does not believe to be true shall be guilty of an offence and liable—

(a) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;

(b) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceedingthe statutory maximum or to both.

(2) In this section “statutory maximum” has the meaning given by section 74 of the M3 Criminal Justice Act 1982.]

Textual Amendments

F28 S. 200A inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(1),Sch. 6 Pt. II para. 28(4)

Marginal Citations

M3 1982c.48 (39:1).

Miscellaneous ProvisionsF38 U.K.

201 Restrictions on reduction in rank of warrant officers and non-commissioned officers. U.K.

(1) A warrant officer or non-commissioned officer of the regular forces [F29 (other than a lance-corporal or lance-bombardier)] shall not be reduced in rank except by sentence of a court-martial (whether under this Act, [F30 the M4 Naval Discipline Act 1957] or the M5 Air Force Act 1955) or by order of [F31 the Defence Council] or of an officer, not belowthe rank of [F32 colonel, or captain in the Royal Navy or of group captain], authorised by [F31 the Defence Council] to act for the purposes of this section.

(2) An authorisation under the last foregoing subsection may be given generally or subject to suchlimitations as may be specified by [F31 the Defence Council].

(3) For the purposes of subsection (1) of this section reduction in rank does not include reversion fromacting rank.

Textual Amendments

F29 Words inserted by Army and Air Force Act 1961 (c. 52), s. 37(1)(2)(c)

F30 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

F31 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F32 Words substituted by Armed Forces Act 1971 (c. 33), s. 68

Modifications etc. (not altering text)

C13 S. 201 excluded by Naval Discipline Act 1957 (c. 53), ss. 112(2), 113(2), Sch. 1 para.3, Sch. 2 para. 6

Marginal Citations

M4 1957 c. 53.

M5 1955 c. 19.

202 Temporary reception in civil custody of persons under escort. U.K.

(1) Where a person is in military custody when charged with, or with a view to his being charged with, anoffence against Part II of this Act, it shall be the duty of the governor, superintendent or other personin charge of a prison (not being a military prison), or of the person having charge of any police stationor other place in which prisoners may be lawfully detained, upon delivery to him of a written orderpurporting to be signed by the commanding officer of the person in custody to receive him into his custodyfor a period not exceeding seven days.

(2) This section shall have effect in the United Kingdom and in any colony.

203 Avoidance of assignment of or charge on military pay, pensions, etc. U.K.

(1) Every assignment of or charge on, and every agreement to assign or charge, any pay, military award,grant, pension or allowance payable to any person in respect of his or any other person’s service in HerMajesty’s military forces shall be void.

(2) Save as expressly provided by this Act, no order shall be made by any court the effect of which wouldbe to restrain any person from receiving anything which by virtue of this section he is precluded fromassigning and to direct payment thereof to another person.

(3) Nothing in this section shall prejudice any enactment providing for the payment of any sum to abankrupt’s trustee in bankruptcy for distribution among creditors.

(4) This section shall have effect in the United Kingdom and in any colony.

Modifications etc. (not altering text)

C14 S. 203(1)(2) excluded (1.8.1996 subject to arts. 4, 5 of the commencing S.I.) by 1995 c. 26, s. 166(5)(a) (with s. 167(4)); S.I. 1996/1675, arts. 3(b), 4, 5

S. 203(1)(2) excluded (1.8.1996 subject to arts. 4, 5 of the commencing S.R.) by 1995/3213(N.I. 22), art. 162(5)(a); S.R. 1996/284, arts. 3(1)(b), 4, 5

S. 203(1)(2) excluded (11.11.1999 for certain purposes otherwise 1.12.2000) by 1999 c. 30, s. 44(1)(a); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

204 Power of certain officers to take affidavits and declarations. U.K.

(1) An officer of the regular forces [F33 who is of or above the rank of major or is of the rank of captain and is a member ofthe legal [F34 services branch of any]corps of those forces] (hereinafter referred to as an “authorised officer") may, at a place outside the United Kingdom,take affidavits and declarations from any of the following persons, that is to say, persons subject tomilitary law and persons not so subject who are of any description specified in the Fifth Schedule to thisAct.

(2) A document purporting to have subscribed thereto the signature of an authorised officer in testimonyof an affidavit or declaration being taken before him in pursuance of this section and containing in thejurat or attestation a statement of the date on which and the place at which the affidavit or declarationwas taken and of the full name and rank of that officer shall be admitted in evidence without proof of thesignature being the signature of that officer or of the facts so stated.

[F35 (3) The power conferred by subsection (1) above may also be exercised by any officer empowered to takeaffidavits and declarations by section 204(1) of the M6 Air Force Act 1955 or section 10(1)of the M7 Emergency Laws (Miscellaneous Provisions) Act 1953.]

Textual Amendments

F33 Words substituted by Armed Forces Act 1981 (c. 55), s. 19(3)

F34 Words in s. 204(1) inserted (1.10.1996 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(1), Sch. 6 para. 2; S.I. 1996/2474, art. 2

F35 S. 204(3) added by Armed Forces Act 1971 (c. 33), s. 70(2)

Marginal Citations

M6 1955 c. 19.

M7 1953 c. 47.

[F36 204A Exclusion of enactments requiring fiat of Attorney General etc., in connection with proceedings. U.K.

With the exception of [F37 subsection (3A)] of section 132 of this Act, no enactment requiring thefiat or consent of the Attorney General or the Director of Public Prosecutions in connection with anyproceedings shall have effect in relation to proceedings under this Act.]

Textual Amendments

F36 S. 204A inserted by Armed Forces Act 1971 (c. 33), s. 45(1)

F37 Words in s. 204A substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para.6; S.I. 1991/2719, art. 2