Air Force Act 1955Part I Enlistment and Terms of Service Enlistment1 Recruiting officers.2 Enlistment. Enlistment for general or corps service3 Enlistment for general service.4—7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Extension of service8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Postponement in certain cases of discharge or transfer to the reserve. 10 Continuation of air-force service in imminent national danger. Discharge and transfer to reserve11 Discharge.12 Transfer to the reserve.13 Postponement of discharge or transfer pending proceedings for offences.14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Right of warrant officer to discharge on reduction to ranks.16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous and supplementary provisions17 Forfeiture of service for desertion and restoration of forfeited service. 18 Validity of attestation and enlistment.19 False answers in attestation paper.20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Service of aliens in regular air force.22 Regulations as to enlistment.23 Interpretation of Part I.Part II Discipline and Trial and Punishment of Air-Force Offences Misconduct in action and other offences arising out of air-force service24 Misconduct in action.25 Assisting the enemy.26 Obstructing operations, giving false air signals, etc.27 Prize offences by commanding officers.28 Other prize offences.29 Offences by or in relation to sentries, persons on watch etc.29A Failure to attend for duty, neglect of duty etc.30 Looting. Mutiny and insubordination31 Mutiny.32 Failure to suppress mutiny.33 Insubordinate behaviour.34 Disobedience to lawful commands.34A Failure to provide a sample for drug testing.34BFailure to provide sample after serious incident35 Obstruction of provost officers.36 Disobedience to standing orders. Desertion, absence without leave, etc.37 Desertion.38 Absence without leave.39 Failure to report or apprehend deserters or absentees.40, 41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Malingering and drunkenness42 Malingering.43 Drunkenness. Disorderly conduct43A Fighting, threatening words etc. Offences relating to property44 Damage to, and loss of, public or service property etc.44A Damage to, and loss of, Her Majesty’s aircraft or aircraft material.44B Interference etc. with equipment, messages or signals.45 Misapplication and waste of public or service property. 46 Offences relating to issues and decorations. Offences relating to billeting and requisitioning of vehicles47 Billeting offences.48 Offences in relation to requisitioning of vehicles. Flying etc. offences48A Loss or hazarding of ship.49 Dangerous flying, etc.50 Inaccurate certification.51 Low flying.52 Annoyance by flying. Offences relating to, and by, persons in custody53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 Permitting escape, and unlawful release of prisoners.55 Resistance to arrest.56 Escape from confinement. Offences in relation to courts-martial and civil authorities57 Offences in relation to courts-martial.58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous offences60 Unauthorised disclosure of information.61 Making of false statements on enlistment.62 Making of false documents.63 Offences against civilian population.63A Offences against morale.64 Scandalous conduct by officers.65 Ill-treatment of officers or men of inferior rank.66 Disgraceful conduct.67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68 Attempts to commit air-force offences.68A Aiding and abetting etc., and inciting.69 Conduct to prejudice of air-force discipline. Civil offences70 Civil offences. Punishments available to courts-martial71 Scale of punishments, and supplementary provisions.71A Juveniles71AA Young service offenders: custodial orders.71AB Reasons to be given where custodial sentence awarded to young offender.71B Power to impose imprisonment for default in payment of fines.Arrest74 Power to arrest offenders. Custody75 Limitations on custody without charge.75A Authorisation of custody without charge.75B Review of custody by commanding officer.75C Extension of custody without charge.75D Custody without charge: other cases.75E Custody without charge: supplementary.75F Custody after charge.75G Review of custody after charge.75H Custody during court-martial proceedings.75J Release from custody after charge or during proceedings.75K Arrest during proceedings.75L Judicial officers.75M Custody rules. Investigation of, and summary dealing with, charges76 Investigation of charges by commanding officer76A Powers of higher authority.76AA Right to elect for court-martial trial.76B Summary dealings.76C Punishments available on summary dealings.77 Charges to be dealt with summarily or by court-martial. 77A Power to stay further proceedings.78 Further proceedings on charges against N.C.O.s and airmen. 79 Further proceedings on charges against officers and warrant officers. 80 Directions by higher authority for dismissal of charges or stay of proceedings. 81 Confession of desertion by warrant officer, non-commissioned officer or airman.82 Officers who are to act as commanding officers and appropriate superior authorities.83 Regulations as to summary dealings etc. The summary appeal court83ZAThe summary appeal court.83ZB Judge advocates.83ZC Officers qualified for membership of summary appeal court.83ZD Constitution of summary appeal court for appeals.83ZE Right of appeal.83ZF Hearing of appeals.83ZG Powers of summary appeal court.83ZH Making of, and appeals from, decisions of court.83ZJ Rules of summary appeal court.83ZK Administration of oaths to members of summary appeal court.83ZL Privileges of witnesses and others.The prosecuting authority83A The prosecuting authority.83B Functions of the prosecuting authority.83BB Cases where charge may be referred back to commanding officer.83BC Power of prosecuting authority to advise police forces83C Prosecuting officers. Courts-martial: general provisions84 Trial to be by general court-martial, district court-martial or in certain cases field general court-martial.84A Court administration officers.84B Judge advocates.84C Convening of general and district courts-martial.84D Constitution of general and district courts-martial85 Powers of different descriptions of court-martial.85A Powers of court-martial where accused elected court-martial trial.86 Officers having power to convene courts-martial.87 Constitution of general courts-martial.88 Constitution of district courts-martial.89 Constitution of field general courts-martial.90 Supplementary provisions as to constitution of courts-martial.91 Place for sitting of courts-martial and adjournment to other places. Courts-martial: provisions relating to trial92 Challenges by accused.93 Administration of oaths.94 Courts-martial to sit in open court.95 Dissolution of courts-martial.96 Decisions of courts-martial.97 Finding and sentence.98 Power to convict of offence other than that charged.99 Rules of evidence.99A Proof at courts-martial by written statement.100 Privilege of witnesses and others at courts-martial.101 Offences by civilians in relation to courts-martial.102 Affirmations.Offences: procedure103 Rules. Field General Courts-Martial103A Field general courts-martial.103B Constitution of field general courts-martial.103C Field General Court-Martial Rules.104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Confirmation, Revision and Review of Proceedings of Courts-Martial107 Confirmation of proceedings of courts-martial.108 Petitions against finding or sentence.109 Revision of findings of courts-martial.110 Powers of confirming officers. 111 Confirming officers. Review of proceedings of courts-martial112 Approval as well as confirmation required for certain death sentences.113 Review of findings and sentences of courts-martial.113AA Powers of the reviewing authority.113A Power of reviewing authority to authorise retrial.113BScope of section 113C113CReview of sentences by Courts-Martial Appeal Court114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of summary findings and awards115 Review of summary findings and awards Findings of unfitness to stand trial and insanity115AFitness to stand trial115BFinding that the accused did the act or made the omission charged116Findings of insanity 116APowers to deal with person unfit to stand trial or not guilty by reason of insanity116BOrders under the Mental Health Act116CSupervision orders116DProvisions supplementary to sections 115A to 116C Saving for functions of Judge Advocate General117 Saving for functions of Judge Advocate General. Commencement, suspension and duration of sentences118 Commencement of sentences.118ZA Commencement of sentence of detention awarded by commanding officer.118A Consecutive terms of imprisonment and detention.119 Duration of sentences of imprisonment and detention.119A Limitation of total period of sentences of detention.120 Suspension of sentences.120A Postponement of sentences. Execution of sentences of death, imprisonment and detention121 Execution of sentences of death. 122 Imprisonment and detention rules. 123 Supplementary provisions relating to regulations and rules under ss. 121 & 122.124 Restrictions on serving of sentences of detention in prisons.125 Special provisions as to civil prisons in the United Kingdom.126 Special provisions as to carrying out or serving of sentences outside the United Kingdom otherwise than in air-force establishments.127 Country in which sentence of imprisonment or detention to be served.128 Application of enactments relating to coroners.129 Duties of governors of prisons and others to receive prisoners. 130 Application to military establishments and custody. Trial of persons ceasing to be subject to air-force law and time limits for trials131 Trial and punishment of offences under this Act notwithstanding offender ceasing to be subject to this Act.132 Limitation of time for trial of offences under this Act. Relations between air-force law and civil courts and finality of trials133 Jurisdiction of civil courts.133A Financial penalty enforcement orders.134 Persons not to be tried under this Act for offences already disposed of. Inquiries135 Boards of inquiry.136 Inquiries into absence.137 Unit inquiries. Miscellaneous provisions138 Restitution or compensation for theft, etc. 139 Appointment of judge advocates.140 Promulgation.141 Custody of proceedings of courts-martial and right of accused to a copy thereof.141A Right of penalised parent or guardian to copy of record of court-martial proceedings.142 Indemnity for prison officers, etc. Interpretation143 Interpretation of Part II.Part III Forfeitures and Deductions and Enforcement of Maintenance Liabilities144 Forfeitures and deductions: general provisions.145 Forfeiture of pay for absence from duty.146 Deduction for payment of civil penalties.147 Compensation for loss occasioned by wrongful act or negligence.148 Deductions for barrack damage.149 Remission of forfeitures and deductions.150 Enforcement of maintenance and affiliation orders by deduction from pay.150AEnforcement of maintenance assessment by deductions from pay.150AAEnforcement of maintenance assessment by deductions from pay.151 Deductions from pay for maintenance of wife or child.151A Deductions from pay in respect of judgment debts etc.152 Limit of deductions under ss. 150 and 151 and effect on forfeiture.153 Service of process in maintenance proceedings.Part IV Billeting and Requisitioning of Vehicles Billeting154 Billeting requisitions.155 Premises in which billets may be provided.156 Provision of billets.157 Billeting schemes.158 Accommodation to be provided and payment therefor.159 Appeals against billeting.160 Compensation for damage.161 Refusal to receive persons billeted, etc.162 Application to civilians employed with air force.163 Local authority.164 Suspension of laws against billeting. Requisitioning of vehicles165 Requisitioning orders.166 Provision of vehicles.167 Period for which vehicles to be furnished.168 Payment for vehicles furnished.169 Avoidance of hardship in requisitioning of vehicles.170 Record and inspection of mechanically propelled vehicles.171 Enforcement of provisions as to requisitioning.172 Application to aircraft and stores.173 Liability of Crown for damage by vehicles being delivered for requisitioning. General174 Bringing into operation of ss. 154 and 165.175 Regulations and orders.176 Interpretation of Part IV.Part V General Provisions Powers of command177 Powers of command.178 Powers of command of members of co-operating naval or military forces. Attachment to naval or military forces179 Attachment of members of air forces to naval or military forces. Redress of complaints180 Redress of complaints.181 Complaints by warrant officers, non-commissioned officers and airmen. Exemptions for members of regular air force182 Officers on active list not to be sheriffs.183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 Exemptions from tolls, etc. 185 Exemption from taking in execution of property used for air-force purposes. Provisions relating to deserters and absentees without leave186 Arrest of deserters and absentees without leave. 187 Proceedings before a civil court where persons suspected of illegal absence. 188 Deserters and absentees without leave surrendering to police. 189 Certificates of arrest or surrender of deserters and absentees. 190 Duties of governors of prisons and others to receive deserters and absentees. Further powers of arrest of civil authorities190A Arrest under warrants of commanding officers.190B Arrest of persons unlawfully at large. Offences relating to air-force matters punishable by civil courts191 Punishment for pretending to be a deserter.192 Punishment for procuring and assisting desertion.193 Punishment for obstructing members of regular air force in execution of duty.194 Punishment for aiding malingering.195 Unlawful purchase, etc., of air-force stores.196 Illegal dealings in documents relating to pay, pensions, mobilisation, etc.197 Unauthorised use of and dealing in decorations, etc. Provisions as to evidence198 General provisions as to evidence.198A, 198B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198C Provision as to age.199 Proof of outcome of civil trial.200 Evidence of proceedings of courts martial.200A False statements in computer record certificates. Miscellaneous provisions201 Restrictions on reduction in rank of warrant officers and non-commissioned officers. 202 Temporary reception in civil custody of persons under escort.203 Avoidance of assignment of or charge on air-force pay, pensions, etc.204 Power of certain officers to take affidavits and declarations.204A Exclusion of enactments requiring fiat of Attorney General etc. in connection with proceedings.Part VI Application of Act and Supplemental Provisions Persons subject to air-force law205 Persons subject to air-force law: general provisions.206 Persons subject to air-force law: Commonwealth forces.207 Persons subject to air-force law: Colonial forces.208 Persons subject to air-force law: attached members of naval and military forces.208A Application of Act to passengers in H.M. ships and aircraft.209 Application of Act to civilians. Application of Act to particular forces210 Application of Act to reserve and auxiliary forces.211 Modification of certain provisions in relation to women. Application to different countries212 Application to Scotland.213 Application to Northern Ireland.214 Application to Channel Islands and Isle of Man.215 Application to certain overseas territories.216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supplemental provisions218 Jurisdiction of courts.219. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .220 Provisions as to summary fines in Colonies.221 Execution of orders, instruments, etc.222 Provisions as to active service.223 General provisions as to interpretation.224Short title, commencement and duration. SCHEDULESFIRST SCHEDULE Procedure for Attestation1The recruiting officer shall warn the person to be enlisted...2He shall then read, or cause to be read, to...3He shall then ask that person to make and sign...4Upon signing the declaration and taking the oath the said...5The recruiting officer shall by signature attest, in the manner...6When in accordance with such regulations the recruit is finally...SECOND SCHEDULETHIRD SCHEDULE Alternative offences of which accused may be convicted by court-martialFOURTH SCHEDULE Supplementary Provisions as to Payment for Requisitioned Vehicles1(1) Subject to the provisions of this Schedule, any payment...2(1) As soon as may be after the furnishing of...3(1) A person to whom a receipt or notice under...4(1) Subject to the provisions of the last foregoing paragraph...5The instructions of the Defence Council referred to in paragraph...6In the foregoing provisions of this Schedule, the expression “damage”...7Nothing in the foregoing provisions of this Schedule shall apply...8A county court shall have jurisdiction to deal with any...FIFTH SCHEDULE Civilians outside the United Kingdom subject to Part II when not on Active Service1Persons serving Her Majesty, or otherwise employed, in such capacities...2Persons who are employed by, or in the service of,...3Persons belonging to or employed by any other organisation so...4Persons who, for the purposes of their profession , business...5Persons forming part of the family of members of any...6Persons forming part of the family of persons falling within...7Persons employed by members of any of Her Majesty’s naval,...8Persons employed by persons falling within paragraphs 1 to 6...9Persons forming part of the family of persons falling within...SCHEDULE 5A Powers of Court on Trial of Civilian General1The powers conferred by this Schedule shall be exercisable on...2(1) In this Schedule— “community supervision order” has the meaning...Deferment of award of sentence2A(1) Subject to the provisions of this paragraph, where a... Absolute and conditional discharge3(1) The court by which a civilian is found guilty... Community supervision orders4(1) Subject to sub-paragraph (4) below, where a civilian is... Absolute and conditional discharge and community supervision orders—supplementary5(1) If upon finding a person guilty of an offence... Reception orders and committal into care—general6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committal into care—England and Wales7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committal into care—transfer to Scotland8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committal into care—transfer to Northern Ireland9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Custodial orders10(1) Where a civilian who has attained the minimum age... Compensation orders11(1) The court, on finding a civilian guilty of an...12(1) The operation of a compensation order made by a... Imposition of fines on and making of compensation orders against parents and guardians13(1) Where— (a) a civilian under 17 years of age... Orders requiring parents or guardians to enter into recognisance14(1) Subject to sub-paragraph (2) below, where a civilian under... Scale of punishments and orders15(1) In their application to civilians, references in this Act... Indemnity for persons carrying out orders under Schedule16No action shall lie in respect of anything done by... Regulations17(1) The Secretary of State may by regulations make provision...SIXTH SCHEDULE Application of Act to attached Members of Naval and Military Forces1(1) As respects the punishment of a person subject to...2For the purposes of the provisions of this Act relating...3. . . . . . . . . ....3ANotwithstanding anything in section two hundred and one of this...3BIn relation to a person subject to air-force law as...4. . . . . . . . . ....5In proceedings under this Act against a person subject to...6In the application of this Act to a person subject...7In relation to a person subject to air-force law as...8In the application of sections one hundred and forty-four and...9Sections one hundred and fifty to one hundred and fifty-two...10In this Schedule— (a) references to a person’s own service...11In relation to officers, warrant officers non-commissioned officers and marines...Air Force Act 19551955 CHAPTER 19 3 and 4 Eliz 2F1An Act to make provision with respect to the air force[6th May 1955]
