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

Mutiny and insubordinationU.K.

35 Obstruction of provost officers.F3U.K.

Any person subject to military law who—

(a)obstructs, or

(b)when called on, refuses to assist,

[F1any provost officer, or any person] (whether subject to military law or not) legally exercising authority under or on behalf of a provostofficer, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act:

[F2Provided that it shall be a defence for any person charged under this section to provethat he neither knew nor had reasonable cause to believe that the person in relation to whom the offenceis alleged to have been committed was a provost officer or, as the case may be, a person legally exercisingauthority under or on behalf of a provost officer.]

Textual Amendments

Textual Amendments applied to the whole legislation

F3Act: 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