Modifications etc. (not altering text)
C1Part II extended by Reserve Forces Act 1980 (c. 9), s. 142
C2Part 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
Textual Amendments applied to the whole legislation
F12Act: 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
(1)Any person subject to military law who without lawful authority discloses or purports to disclose,whether orally, in writing, by signal or by any other means whatsoever, information relating to any matterupon which information would or might be useful to an enemy shall, on conviction by court-martial, be liableto imprisonment for a term not exceeding two years or any less punishment provided by this Act.
(2)It shall be a defence for a person charged with an offence under this section that he did not know andhad no reasonable cause to believe that the information disclosed related to a matter upon which informationwould or might be directly or indirectly useful to an enemy.]
Textual Amendments
F1S. 60 substituted by Armed Forces Act 1971 (c. 33), ss. 24(1), 78(4)
Any person who, when before a recruiting officer for the purpose of being attested in pursuance of PartI of this Act, has knowingly made a false answer to any question contained in the attestation paper and putto him by or by the direction of the recruiting officer shall if he has since become and remains subjectto military law be liable, on conviction by court-martial, to the like imprisonment as on summary convictionof an offence against section nineteen of this Act or to any less punishment provided by this Act.
Modifications etc. (not altering text)
C3S. 61 extended (E.W.) (S.) by Rehabilitation of Offenders Act 1974 (c. 53), s. 2(3)(a)
[F2(1)]Any person subject to military law who—
[F3(a)makes an official document or official record which is to his knowledge false in a material particular,or
(b)makes in any official document or official record an entry which is to his knowledge false in a materialparticular, or
(c)tampers with the whole or any part of any official document or official record (whether by altering it,destroying it, suppressing it, removing it or otherwise), or
(d)with intent to deceive, fails to make an entry in any official document or official record,]
[F4(2)For the purposes of this section—
(a)a document or record is official if it is or is likely to be made use of, in connection with theperformance of his functions as such, by a person who holds office under, or is in the service of, theCrown; and
(b)a person who has signed or otherwise adopted as his own a document or record made by another shall betreated, as well as that other, as the maker of the document or record.
(3)In this section—
“document” includes, in addition to a document in writing—
(a)any map, plan, graph or drawing;
(b)any photograph;
(c)any disc, tape, sound-track or other device in which sounds or other data (not being visual images) areembodied so as to be capable (with or without the aid of some other equipment) of being reproducedtherefrom; and
(d)any film, negative, tape or other device in which one or more visual images are embodied so as to becapable as aforesaid of being reproduced therefrom;
“film” includes a microfilm; and
“record” includes any account, any information recorded otherwise than in a documentby mechanical, electronic or other means and any program in a computer.]
Textual Amendments
F2S. 62 renumbered as s. 62(1) by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 3(2)
F3S. 62(a)–(d) substituted for paras. (a)–(c) by Armed Forces Act 1986 (c. 21,SIF 7:1), s. 3(1) (s. 62(d) repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I)
F4S. 62(2)(3) inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 3(2)
Modifications etc. (not altering text)
C4S. 62 extended (E.W.) (S.) by Rehabilitation of Offences Act 1974 (c. 53), s. 2(3)(a)
Any person subject to military law who, in any country or territory outside the United Kingdom, commitsany offence against the person or property of any member of the civil population shall, on conviction bycourt-martial, be liable to imprisonment for a term not exceeding two years or any less punishment providedby this Act.
Any person subject to military law who spreads (whether orally, in writing, by signal, or otherwise)reports relating to operations of Her Majesty’s forces, of any forces co-operating therewith, or of any partof any of those forces, being reports likely to create despondency or unnecessary alarm, shall, onconviction by court-martial, be liable to imprisonment for a term not exceeding two years or any lesspunishment provided by this Act.]
Textual Amendments
F5S. 63A inserted by Armed Forces Act 1971 (c. 33), ss. 28(1), 78(4)
Every officer subject to military law who behaves in a scandalous manner unbecoming the character ofan officer shall, on conviction by court-martial, be liable to dismissal from Her Majesty’s service withor without disgrace.]
Textual Amendments
F6S. 64 substituted by Armed Forces Act 1971 (c. 33), ss. 29(1), 78(4)
Modifications etc. (not altering text)
C5S. 64 extended (E.W.) (S.) by Rehabilitation of offenders Act 1974 (c. 53), s. 2(3)(a)
If—
(a)any officer subject to military law F7 ill-treats any officer subject thereto of inferior rank or less seniority orany warrant officer, non-commissioned officer or soldier subject to military law, or
(b)any warrant officer or non-commissioned officer subject to military law F7 ill-treats any person subject to military law, being a warrant officer ornon-commissioned officer of inferior rank or less seniority or a soldier,
he shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.
Textual Amendments
F7Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), ss. 4(1), 16(2), Sch. 2
Any person subject to military law who is guilty of disgraceful conduct of a cruel, indecent orunnatural kind shall, on conviction by court-martial, be liable to imprisonment for a term not exceedingtwo years or any less punishment provided by this Act.
Modifications etc. (not altering text)
C6S. 66 extended (E.W.) (S.) by Rehabilitation of Offenders Act 1974 (c. 53), s. 2(3)(a)
Textual Amendments
F8Ss. 67, 75(3) and 81(3) repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt.I
Any person subject to military law who attempts to commit an offence against any of the foregoingprovisions of this Part of this Act [F9or against section 69 below] shall, on conviction by court-martial, be liable to the like punishment as for that offence:
Provided that if the offence is one punishable by death, he shall not be liable to any greaterpunishment than imprisonment.
Textual Amendments
F9Words inserted by Armed Forces Act 1971 (c. 33), ss. 32(1), 78(4)
(1)Any person subject to military law who aids, abets, counsels or procures the commission by anotherperson of an offence against any of the foregoing provisions of this Part of this Act, or against section69 below, or who incites another person to commit any such offence, shall himself be guilty of the offencein question, and shall be liable to be charged, tried and punished accordingly.
(2)A person may be guilty by virtue of subsection (1) above of an offence against section 62 of this Actwhether or not he knows the nature of the document in question.]
Textual Amendments
F10S. 68A inserted by Armed Forces Act 1971 (c. 33), ss. 32(2), 78(4)
Any person subject to military law who is guilty [F11, whether by any act or ommission or otherwise, of conduct] to the prejudice of good order and military discipline shall, on conviction by court-martial, beliable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
Textual Amendments
F11Words substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 4(2)