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Part IU.K. Articles of war

Modifications etc. (not altering text)

MutinyF4U.K.

Textual Amendments applied to the whole legislation

F4Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions

8 Definition of “mutiny”.U.K.

In this Act “mutiny” means a combination between two or more persons subject to service law, or between persons two at least of whom are subject to service law,—

(a)to overthrow or resist lawful authority in Her Majesty’s forces or any forces co-operating therewith, or in any part of any of the said forces;

(b)to disobey such authority in such circumstances as to make the disobedience subversive of discipline, or with the object of avoiding any duty or service against, or in connection with operations against, the enemy; or

(c)to impede the performance of any duty or service in Her Majesty’s forces or in any forces co-operating therewith, or in any part of any of the said forces;

and “service law” means this Act, military law or air force law.

9 Offences of mutiny.U.K.

(1)Every person subject to this Act who takes part in a mutiny which—

(a) . . . F1

(b)has as its object or one of its objects the refusal or avoidance of any duty or service against, or in connection with operations against, the enemy, or the impeding of the performance of any such duty or service,

or who incites any other person subject to service law to take part in such a mutiny, whether actual or intended, shall be liable to death or any less punishment authorised by this Act.

(2)Every person subject to this Act who takes part in a mutiny not described in the foregoing subsection, or incites any other person subject to service law to take part in such a mutiny, whether actual or intended, shall be liable to imprisonment . . . F2 or any less punishment authorised by this Act.

10 Failure to suppress mutiny.U.K.

Every person subject to this Act who, knowing that a mutiny is taking place or is intended,—

(a)fails to use his utmost endeavours to suppress or prevent it; or

(b)fails to report without delay that the mutiny is taking place or is intended,

shall be liable, if the offence is committed with intent to assist the enemy, to death or any less punishment authorised by this Act, and in any other case, to imprisonment . . . F3 or any less punishment so authorised.

Textual Amendments