Part II Discipline and Trial and Punishment of Military Offences
Misconduct in action and other offences arising out of military service
F124 Misconduct in action.
(1)
A person subject to military law shall be guilty of an offence against this section if, without lawfulexcuse, he—
(a)
surrenders any place or thing to the enemy, or
(b)
abandons any place or thing which it is his duty to defend against the enemy or to prevent from fallinginto the hands of the enemy.
(2)
A person subject to military law shall be guilty of an offence against this section if, being in thepresence or vicinity of the enemy, or being engaged in any action or operation against the enemy or underorders to be prepared for any action or operation by or against the enemy, he—
(a)
fails to use his utmost exertions to carry the lawful orders of his superior officers into execution,or
(b)
while on guard duty and posted or ordered to patrol, or while on watch, sleeps or, without having beenregularly relieved, leaves any place where it is his duty to be, or
(c)
behaves in such a manner as to show cowardice, or induces any other person so to behave at a time whenthat other person, being a member of Her Majesty’s forces or of a force co-operating with Her Majesty’sforces, is in the presence or vicinity of the enemy, or is engaged in any action or operation against theenemy or under orders to be prepared for any action or operation by or against the enemy, or
(d)
uses words likely to cause despondency or unnecessary alarm.
(3)
A person guilty of an offence against this section shall, on conviction by court-martial, be F2liable to imprisonment or any less punishment provided by this Act.
(4)
The reference in subsection (2)(a) above to superior officers shall be construed in accordance withsection 33(2) of this Act.