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
F8Act: 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—
(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 F1 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 [F2sentence 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.]
[F3(2A)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 [F4or disciplinary court] held in pursuance of [F5the M1Naval Discipline Act 1957], [F4and to a court-martial held in pursuance of] the M2Air Force Act 1955, or the law of any colony.
Textual Amendments
F1Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I
F2Words substituted by Armed Forces Act 1971 (c. 33), ss. 23(2), 78(4)
F3S. 57(2A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1),s. 58, Sch. 8 para.1(1)
F4Words inserted by Naval Discipline Act 1957 (c. 53), Sch. 5
F5Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)
Modifications etc. (not altering text)
C3S. 57(1) extended by Armed Forces Act 1976 (c. 52), Sch. 3 para. 15(1)
Marginal Citations
Textual Amendments
F6Ss. 40, 41, 53 and 58 repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt.I
Textual Amendments
F7S. 59 repealed by Armed Forces Act 1966 (c. 45), s. 37(3), Sch. 5