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
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Any person subject to military law who F2. . .,takes part in a mutiny, or incites any person subject to service law to take part in a mutiny, whetheractual or intended, shall, on conviction by court-martial, be liable to imprisonment or any less punishmentprovided by this Act.
(3)In this Act the expression “mutiny” means a combination between two or more persons subject to service law, or betweenpersons two at least of whom are subject to service law—
(a)to overthrow or resist lawful authority in Her Majesty’s forces or any forces co-operating therewithor in any part of any of the said forces,
(b)to disobey such authority in such circumstances as to make the disobedience subversive of discipline,or with the object of avoiding any duty or service against, or in connection with operations against, theenemy, or
(c)to impede the performance of any duty or service in Her Majesty’s forces or in any forces co-operatingtherewith or in any part of any of the said forces;F3
Textual Amendments
F1S. 31(1) repealed (11.5.2001) by 2001 c. 19, s. 38, Sch. 7 Pt. 4
F2Words in s. 31(2) repealed (11.5.2001) by 2001 c. 19, s. 38, Sch. 7 Pt. 4
F3Words repealed by Armed Forces Act 1971 (c. 33), ss. 78(4), Sch. 4 Pt. I
Any person subject to military law who, knowing that a mutiny is taking place or is intended,—
(a)fails to use his utmost endeavours to suppress or prevent it, or
(b)fails to report without delay that the mutiny is taking place or is intended,
shall on conviction by [F4court-martial be liable to imprisonment or any less punishment provided by this Act].
Textual Amendments
F4Words in s. 32 substituted (11.5.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. 4 para. 17
(1)Any person subject to military law who—
(a)F5 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:
[F6Provided 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
F5Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), ss. 4(1), 16(2), Sch. 2
F6Proviso substituted by Armed Forces Act 1971 (c. 33), ss. 8(1), 78(4)
Any person subject to military law who, whether wilfully or, through neglect, disobeys any lawfulcommand (by whatever means communicated to him) shall, on conviction by court-martial, be liable toimprisonment or any less punishment provided by this Act.]
Textual Amendments
F7S. 34 substituted by Armed Forces Act 1971 (c. 33), ss. 8(2), 78(4)
(1)Any person subject to military law who, when requested to do so by a drug testing officer, fails to provide a sample of his urine for testing for the presence of drugs shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding six months or any less punishment provided by this Act.
(2)For the purposes of this section—
“drug” means any drug which is a controlled drug for the purposes of the M1Misuse of Drugs Act 1971; and
“drug testing officer” means an officer, warrant officer or non-commissioned officer who is authorised by or in accordance with Queen’s Regulations for the purpose of supervising the conduct of tests for the presence of drugs.]
Textual Amendments
F8S. 34A inserted (1.10.1996 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 32(1); S.I. 1996/2474, art. 2 (with art. 3)
Marginal Citations
Any person subject to military law who—
(a)obstructs, or
(b)when called on, refuses to assist,
[F9any provost officer, or any person] (whether subject to military law or not) legally exercising authority under or on behalf of a provostofficer, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act:
[F10Provided that it shall be a defence for any person charged under this section to provethat he neither knew nor had reasonable cause to believe that the person in relation to whom the offenceis alleged to have been committed was a provost officer or, as the case may be, a person legally exercisingauthority under or on behalf of a provost officer.]
Textual Amendments
F9Words substituted by Armed Forces Act 1971 (c. 33), ss. 9(1)(a), 78(4)
F10Proviso inserted by Armed Forces Act 1971 (c. 33), ss. 9(1)(b), 78(4)
(1)Any person subject to military law who contravenes or fails to comply with any provision of orders towhich this section applies, being a provision known to him, or which he might reasonably be expected toknow, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.
(2)This section applies to standing orders or other routine orders of a continuing nature made for anyformation or unit or [F11body of Her Majesty’s forces], or for any command or other area, garrison or place, or for any ship, train or aircraft.
Textual Amendments
F11Words substituted by Armed Forces Act 1971 (c. 33), ss. 10(1), 78(4)