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

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

Malingering and drunkennessU.K.

43 Drunkenness.F4U.K.

(1)Any person subject to military law who is guilty of drunkenness, whether on duty or not, shall, onconviction by court-martial, be liable to imprisonment for a term not exceeding two years or any lesspunishment provided by this Act F1

F2(2)For the purposes of this section a person is guilty of drunkenness if owing to the influence of alcoholor any drug, whether alone or in combination with any other circumstances, he is unfit to be entrusted withhis duty or with any duty which [F3he might reasonably expect to be called upon to perform], or behaves in a disorderly manner or in any manner likely to bring discredit on Her Majesty’sservice.

Textual Amendments applied to the whole legislation

F4Act: 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