C1C2Part II Discipline and Trial and Punishment of Military Offences
Part II applied (1.6.1996 subject to art. 3 of the commencing S.I.) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 18(9)(a), 20(10)(a); S.I. 1996/1173, art. 2
Flying etc. offences
48AF2 Loss or hazarding of ship.
Any person subject to military law who, either wilfully or by negligence, causes or allows to be lost,stranded or hazarded any of Her Majesty’s ships shall, on conviction by court-martial, be liable—
a
if he acts wilfully or with wilful neglect, to imprisonment or any less punishment provided by this Act,
b
in any other case, to imprisonment for a term not exceeding two years or any less punishment soprovided.
49 Dangerous flying, etc.
Any person subject to military law who is guilty of any act or neglect in flying, or in the use of anyaircraft, or in relation to any aircraft or aircraft material, which causes or is likely to cause loss oflife or bodily injury to any person shall, on conviction by court-martial, be liable to imprisonment or anyless punishment provided by this Act:
Provided that if the offender has not acted wilfully or with wilful neglect he shall not be liableto be imprisoned for more than two years.
50F3 Inaccurate certification.
Any person subject to military law who makes or signs, without having ensured its accuracy,—
a
a certificate relating to any matter affecting the seagoing or fighting efficiency of any of HerMajesty’s ships, or
b
any certificate relating to any of Her Majesty’s aircraft or aircraft material,
shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.
51 Low flying.
Any person subject to military law who, being the pilot of one of Her Majesty’s aircraft, flies it ata height less than such height as may be provided by any regulations issued under the authority of F4the Defence Council, F5, except—
a
while taking off or alighting, or
b
in such other circumstances as may be so provided,
shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act:
F6Provided that where a pilot flies an aircraft in contravention of this section on theorders of some other person who is in command of the aircraft, that other person shall be treated for thepurposes of this section as having been the pilot of, and flying, the aircraft at the material time.
52 Annoyance by flying.
Any person subject to military law who, being the pilot of one of Her Majesty’s aircraft, flies it soas to cause, or to be likely to cause, unnecessary annoyance to any person shall, on conviction bycourt-martial, be liable to F7dismissal from Her Majesty’s service or any less punishment provided by this Act:
F8Provided that where a pilot flies an aircraft in contravention of this section on theorders of some other person who is in command of the aircraft, that other person shall be treated for thepurposes of this section as having been the pilot of, and flying, the aircraft at the material time.
Part II extended by Reserve Forces Act 1980 (c. 9), s. 142