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
Where in the United Kingdom or in any colony any person not subject to military law—
(a)having been duly summoned to attend as a witness before a court-martial, fails to comply with thesummons, 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, or
(g)does any other thing which would, if the court-martial had been a court of law having power to commitfor contempt, have been contempt of that court,
the president of the court-martial may certify the offence of that person under his hand to any courtof law in the part of the United Kingdom or in the colony, as the case may be, where the offence is allegedto have been committed, being a court having power to commit for contempt, and that court of law maythereupon inquire into the alleged offence and after hearing any witnesses who may be produced against oron behalf of the person charged with the offence, and after hearing any statement that may be offered indefence, punish or take steps for the punishment of that person in like manner as if he had been guilty ofcontempt of the court to which the offence is certified:
Provided that where the offence is alleged to have been committed in the United Kingdom and thecourt-martial was held outside the United Kingdom, the certifying of the offence may be done by [F1the Defence Council] or any officer authorised by them.
Textual Amendments
F1Words substituted by S.I. 1964/488, Sch. 1 Pt. I
Textual Amendments applied to the whole legislation
F2Act: 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