C4C5Part 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
Miscellaneous offences
60F2 Unauthorised disclosure of information.
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.
61 Making of false statements on enlistment. C1
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.
62F3 Making of false documents.
1
A person subject to military law who—
a
makes an official document which is to his knowledge false in a material particular, or
b
makes in any official document an entry which is to his knowledge false in a material particular, or
c
tampers with the whole or any part of an official document (whether by altering it, destroying it, suppressing it, removing it or otherwise), or
d
with intent to deceive, fails to make an entry in an official document,
is liable on conviction by court-martial to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
2
For the purposes of this section—
a
a document is official if it is or is likely to be made use of, in connection with the performance of his functions as such, by a person who holds office under, or is in the service of, the Crown; and
b
a person who has signed or otherwise adopted as his own a document made by another shall be treated, as well as that other, as the maker of the document.
3
In this section “document” means anything in which information of any description is recorded.
63 Offences against civilian population.
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.
63AF4 Offences against morale.
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.
64F5 Scandalous conduct by officers. C2
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.
65 Ill-treatment of officers or men of inferior rank.
If—
a
any officer subject to military law F6 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 F6 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.
66 Disgraceful conduct. C3
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.
67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
68 Attempts to commit military offences.
Any person subject to military law who attempts to commit an offence against any of the foregoingprovisions of this Part of this Act F10or 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.
68AF8 Aiding and abetting etc., and inciting.
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.
69 Conduct to prejudice of military discipline.
Any person subject to military law who is guilty F9, 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.
Part II extended by Reserve Forces Act 1980 (c. 9), s. 142