- Latest available (Revised)
- Point in Time (01/01/2005)
- Original (As enacted)
Point in time view as at 01/01/2005.
There are currently no known outstanding effects for the Army Act 1955 (repealed), Cross Heading: Offences in relation to courts-martial and civil authorities.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Textual Amendments applied to the whole legislation
F14Act: 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 [F1document or other thing which is in his custody or under his control and] which a court-martial has lawfully required 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 F2 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 [F3sentence 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 F4. . .,
(b)in any other case, to imprisonment or detention for such a term as aforesaid, or to such a fine asaforesaid.]
[F5(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.]
[F6(2B)For the purposes of subsection (2) above, a day’s pay shall be taken to be–
(a)subject to paragraph (b) below, the gross pay which is, or would apart from any forfeiture be, issuable to the offender in respect of the day on which the order is made;
(b)if the offender is a special member of a reserve force, the gross pay which would have been issuable to him in respect of that day if he had been an ordinary member of that reserve force of the same rank.
F6(2C)In subsection (2B)(b) above “special member" and “ordinary member" have the same meaning as in the Reserve Forces Act 1996.]
(3)References in paragraphs (a) to (f) of subsection (1) of this section to a court-martial shall includereferences to a court-martial F7. . . held in pursuance of [F8the M1Naval Discipline Act 1957], [F9and to a court-martial held in pursuance of] the M2Air Force Act 1955, or the law of any colony.
[F10(4)References in paragraphs (a) to (f) of subsection (1) of this section to a court-martial or to a member of a court-martial include references to a judicial officer or a person appointed under section 75L of the Air Force Act 1955 or section 47M of the Naval Discipline Act 1957 and, in relation to an offence committed in relation to a judicial officer or any person so appointed, that subsection shall have effect as if the words “other than the court in relation to which the offence was committed" were omitted.
(5)In relation to an offence committed in relation to a judicial officer, subsection (2) of this section shall have effect as if—
(a)the references to a court-martial held in pursuance of this Act were references to the judicial officer,
(b)for “another court-martial" there were substituted “a court-martial", and
(c)the words “under the hand of the president" were omitted.]
[F11(6)References in paragraphs (a) to (f) of subsection (1) of this section to a court-martial include references to the summary appeal court, the court established by section 83ZA of the Air Force Act 1955 or the court established by section 52FF of the Naval Discipline Act 1957 and, in relation to an offence committed in relation to any of those courts, that subsection shall have effect as if the words “other than the court in relation to which the offence was committed" were omitted.
(7)In relation to an offence committed in relation to the summary appeal court, subsection (2) of this section shall have effect as if—
(a)the reference to a court-martial held in pursuance of this Act were a reference to the summary appeal court,
(b)for “another court-martial" there were substituted “a court-martial", and
(c)for “the president" there were substituted “the judge advocate".]
Textual Amendments
F1Words in s. 57(1)(c) inserted (28.2.2002) by 2001 c. 19, s. 24(2)(a); S.I. 2002/345, art. 2 (subject to transitional provisions in art. 3)
F2Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I
F3Words substituted by Armed Forces Act 1971 (c. 33), ss. 23(2), 78(4)
F4Words in s. 57(2)(a) omitted (1.1.1999) by virtue of S.I. 1998/3086, reg. 4(1)(a)
F5S. 57(2A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1),s. 58, Sch. 8 para.1(1)
F6S. 57(2B)(2C) inserted (1.1.1999) by S.I. 1998/3086, reg. 4(2)
F7Words in s. 57(3) repealed (28.2.2002) by 2001 c. 19, s. 38, Sch. 7 Pt. 1; S.I. 2002/345, art. 2 (subject to transitional provisions in art. 3)
F8Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)
F9Words inserted by Naval Discipline Act 1957 (c. 53), Sch. 5
F10S. 57(4)(5) inserted (2.10.2000) by 2000 c. 4, s. 10, Sch. 1 para. 1(1); S.I. 2000/2366, art. 2 (with Sch. para. 13)
F11S. 57(6)(7) inserted (2.10.2000) by 2000 c. 4, s. 25, Sch. 3 para. 1; S.I. 2000/2366, art. 2 (with Sch. para. 13)
Modifications etc. (not altering text)
C1S. 57(1) extended by Armed Forces Act 1976 (c. 52), Sch. 3 para. 15(1)
Marginal Citations
Textual Amendments
F12Ss. 40, 41, 53 and 58 repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt.I
Textual Amendments
F13S. 59 repealed by Armed Forces Act 1966 (c. 45), s. 37(3), Sch. 5
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: