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Air Force Act 1955

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This is the original version (as it was originally enacted).

57Offences in relation to courts-martial

(1)Any person subject to air-force law who—

(a)having been duly summoned or ordered to attend as a witness before a court-martial, fails to comply with the summons or order, or

(b)refuses to swear an oath when duly required by a court-martial to do so, or

(c)refuses to produce any document in his custody or under his control which a court-martial has lawfully required him to produce, or

(d)when a witness, refuses to answer any question which a court-martial has lawfully required him to answer, or

(e)wilfully insults any person, being a member of a court-martial or a witness or any other person whose duty it is to attend on or before the court, while that person is acting as a member thereof or is so attending, or wilfully insults any such person as aforesaid while that person is going to or returning from the proceedings of the court, or

(f)wilfully interrupts the proceedings of a court-martial or otherwise misbehaves before the court,

shall, on conviction by a court-martial, other than the court in relation to which the offence was committed, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2)Notwithstanding anything in the last foregoing subsection, where an offence against paragraph (e) or (f) of that subsection is committed in relation to any court-martial held in pursuance of this Act that court, if of opinion that it is expedient that the offender should be dealt with summarily by the court instead of being brought to trial before another court-martial, may by order under the hand of the president order the offender to be imprisoned for a period not exceeding twenty-one days, or, in the case of a warrant officer, non-commissioned officer or airman, either to be imprisoned for such a period or to undergo detention for such a period.

(3)References in paragraphs (a) to (f) of subsection (1) of this section to a court-martial shall include references to a court-martial held in pursuance of the Naval Discipline Act, the Army Act, 1955, or the law of any colony.

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