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

Malingering and drunkennessU.K.

42 Malingering.F2U.K.

(1)Any person subject to military law who—

(a)falsely pretends to be suffering from sickness or disability, or

(b)injures himself with intent thereby to render himself unfit for service, or causes himself to be injuredby any person with that intent, or

(c)injures another person subject to [F1service law], at the instance of that person, with intent thereby to render that person unfit for service, or

(d)with intent to render or keep himself unfit for service, does or fails to do any thing (whether at thetime of the act or omission he is in hospital or not) whereby he produces, or prolongs or aggravates, anysickness or disability,

shall be guilty of malingering and shall, on conviction by court-martial, be liable to imprisonmentfor a term not exceeding two years or any less punishment provided by this Act.

(2)In this section the expression “unfit” includes temporarily unfit.

Textual Amendments

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