33 Insubordinate behaviour.F3U.K.
(1)Any person subject to military law who—
(a)F1 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:
[F2Provided that it shall be a defence for any person charged under this subsection toprove that he neither knew nor had reasonable cause to believe that the person in relation to whom theoffence is alleged to have been committed was his superior officer.]
(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.
Textual Amendments
F1Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), ss. 4(1), 16(2), Sch. 2
F2Proviso substituted by Armed Forces Act 1971 (c. 33), ss. 8(1), 78(4)
Textual Amendments applied to the whole legislation
F3Act: 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