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
Offences in relation to courts-martial and civil authorities
57 Offences in relation to courts-martial.
C31
Any person subject to military law who—
a
having been duly summoned or ordered to attend as a witness before a court-martial, fails to comply withthe summons or order, or
b
refuses to swear an oath when duly required by a court-martial to do so, or
c
refuses to produce any document in his custody or under his control which a court-martial has lawfullyrequired him to produce, or
d
when a witness, refuses to answer any question which a court-martial has lawfully required him toanswer, or
e
wilfully insults any person, being a member of a court-martial or a witness or any other person whoseduty it is to attend on or before the court, while that person is acting as a member thereof or is soattending, or wilfully insults any such person as aforesaid while that person is going to or returning fromthe proceedings of the court, or
f
wilfully interrupts the proceedings of a court-martial or otherwise misbehaves before the court,
shall, on conviction by a court-martial, other than the court in relation to which the offence wascommitted, be liable to imprisonment for a term not exceeding two years or any less punishment provided bythis Act.
2
Notwithstanding anything in the last foregoing subsection, where an offence against F4 that subsection is committed in relation to any court-martial held in pursuanceof this Act that court, if of opinion that it is expedient that the offender should be dealt with summarilyby the court instead of being brought to trial before another court-martial, may by order under the handof the president F5sentence the offender—
a
if he is an officer, to imprisonment for a term not exceeding twenty-one days, or to a fine notexceeding the amount of his pay for twenty-eight days (a day’s pay being taken for this purpose as the grossamount which is, or would apart from any forfeiture be, issuable to the offender in respect of the day onwhich the order is made),
b
in any other case, to imprisonment or detention for such a term as aforesaid, or to such a fine asaforesaid.
F62A
If the offender has attained seventeen years of age but is under twenty-one years of age, subsection(2) above shall have effect in relation to him as if the power to impose a sentence of imprisonment werea power to make an order under section 71AA below.
3
References in paragraphs (a) to (f) of subsection (1) of this section to a court-martial shall includereferences to a court-martial F7or disciplinary court held in pursuance of F8the M1Naval Discipline Act 1957, F7and to a court-martial held in pursuance of the M2Air Force Act 1955, or the law of any colony.
Part II extended by Reserve Forces Act 1980 (c. 9), s. 142