Part IIU.K. Discipline and Trial and Punishment of Military Offences

Misconduct in action and other offences arising out of military serviceU.K.

25 Assisting the enemy.F1U.K.

(1)A person subject to military law shall be guilty of an offence against this section if, knowingly andwithout lawful excuse, he—

(a)communicates with, or gives intelligence to, the enemy, or

(b)fails to make known to the proper authorities any information received by him from the enemy, or

(c)furnishes the enemy with supplies of any description, or

(d)having been captured by the enemy, serves with or aids the enemy in the prosecution of hostilities orof measures likely to influence morale, or in any other manner whatsoever not authorised by internationalusage, or

(e)having been captured by the enemy, fails to take, or prevents or discourages any other person subjectto service law who has been captured by the enemy from taking, any reasonable steps to rejoin Her Majesty’sservice which are available to him or, as the case may be, to that other person, or

(f)harbours or protects an enemy not being a prisoner of war.

(2)A person guilty of an offence against this section shall, on conviction by court-martial, beliable—

(a)if the offence consisted in an act or omission falling within paragraph (a), (b), (c), (d) or (f) ofsubsection (1) and was committed with intent to assist the enemy, to suffer death or any less punishmentprovided by this Act,

(b)in any other case, to imprisonment or any less punishment provided by this Act.

Textual Amendments applied to the whole legislation

F1Act: 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