Modifications etc. (not altering text)
C1Pt. I (ss. 1-44) applied (1.6.1996) by Armed Forces Act 1991 (c. 62), ss. 18(9)(c), 20(10)(c), 27(2); S.I. 1996/1173, art. 2
(1)A person subject to this Act shall be guilty of an offence against this section if, without lawful excuse, 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 falling into the hands of the enemy.
(2)A person subject to this Act shall be guilty of an offence against this section if, being in the presence or vicinity of the enemy, or being engaged in any action or operation against the enemy or under orders 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 been regularly 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 when that other person, being a member of Her Majesty’s forces or of a force co-operating with Her Majesty’s forces, is in the presence or vicinity of the enemy, or is engaged in any action or operation against the enemy 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 be [F2liable to imprisonment or any less punishment authorised by this Act]]
Textual Amendments
F1Ss. 2-4 substituted for ss. 2-5 by Armed Forces Act 1971 (c. 33), ss. 2(1)(3), 78(4)
F2Words in s. 2(3) substituted (11.5.2001) for s. 2(3)(a)(b) and the preceding word “liable” by 2001 c. 19, ss. 34, 39(3)(f), Sch. 6 Pt. 4 para. 19
Textual Amendments applied to the whole legislation
F3Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions