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Army Act 1955

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  • Act continued by S.I. 2004/1496 art. 2 (This effect relates to the Army Act 1955 (3 & 4 Eliz. 2 c. 18))
  • Act continued by S.I. 2006/1910 art. 2 (This effect relates to the Army Act 1955 (3 & 4 Eliz. 2 c. 18))
  • Act continued by S.I. 2007/2123 art. 2 (This effect relates to the Army Act 1955 (3 & 4 Eliz. 2 c. 18))
  • Act continued (temp. from 1/9/2005 until 31/8/2006) by S.I. 2005/2021 art. 2 (This effect relates to the Army Act 1955 (3 & 4 Eliz. 2 c. 18))
  • Act continued (temp. until 1.9.2004) by S.I. 2003/1869 art. 2 (This effect relates to the Army Act 1955 (3 & 4 Eliz. 2 c. 18))
  • Act continued (until 8/11/2009) by S.I. 2008/1780 art. 2 (This effect relates to the Army Act 1955 (3 & 4 Eliz. 2 c. 18))
  • Act continued (until 8/11/2010) by S.I. 2009/1752 art. 2 (This effect relates to the Army Act 1955 (3 & 4 Eliz. 2 c. 18))
  • Act expires 8.11.2007 by 2006 c. 52 s. 382 (This effect relates to the Army Act 1955 (3 & 4 Eliz. 2 c. 18))
  • Act power to amend conferred by 2006 c. 52 s. 381 (This effect relates to the Army Act 1955 (3 & 4 Eliz. 2 c. 18))
  • Act repealed by 2006 c. 52 Sch. 17 (This effect relates to the Army Act 1955 (3 & 4 Eliz. 2 c. 18))
  • Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 5 (This effect relates to the Army Act 1955 (3 & 4 Eliz. 2 c. 18))

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 74 74A substituted for s. 74 by S.I. 2008/1694 art. 3 (This effect relates to the Army Act 1955 (3 & 4 Eliz. 2 c. 18))
  • s. 120ZA inserted by S.I. 2008/1694 art. 25 (This effect relates to the Army Act 1955 (3 & 4 Eliz. 2 c. 18))

Commencement Orders yet to be applied to the Army Act 1955

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Commencement Orders bringing legislation that affects this Act into force:

57 Offences in relation to courts-martial.E+W+S+N.I.

(1)Any person subject to military law who—

(a)having been duly summoned or ordered to attend as a witness before a court-martial, fails to comply withthe 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 [F1document or other thing which is in his custody or under his control and] 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 toanswer, or

(e)wilfully insults any person, being a member of a court-martial or a witness or any other person whoseduty it is to attend on or before the court, while that person is acting as a member thereof or is soattending, or wilfully insults any such person as aforesaid while that person is going to or returning fromthe 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 wascommitted, be liable to imprisonment for a term not exceeding two years or any less punishment provided bythis Act.

(2)Notwithstanding anything in the last foregoing subsection, where an offence against F2 that subsection is committed in relation to any court-martial held in pursuanceof this Act that court, if of opinion that it is expedient that the offender should be dealt with summarilyby the court instead of being brought to trial before another court-martial, may by order under the handof the president [F3sentence the offender—

(a)if he is an officer, to imprisonment for a term not exceeding twenty-one days, or to a fine notexceeding the amount of his pay for twenty-eight days F4. . .,

(b)in any other case, to imprisonment or detention for such a term as aforesaid, or to such a fine asaforesaid.]

[F5(2A)If the offender has attained seventeen years of age but is under [F6eighteen] years of age, subsection(2) above shall have effect in relation to him as if the power to impose a sentence of imprisonment werea power to make an order under section 71AA below.]

[F7(2B)For the purposes of subsection (2) above, a day’s pay shall be taken to be–

(a)subject to paragraph (b) below, the gross pay which is, or would apart from any forfeiture be, issuable to the offender in respect of the day on which the order is made;

(b)if the offender is a special member of a reserve force, the gross pay which would have been issuable to him in respect of that day if he had been an ordinary member of that reserve force of the same rank.

F7(2C)In subsection (2B)(b) above “special member" and “ordinary member" have the same meaning as in the Reserve Forces Act 1996.]

(3)References in paragraphs (a) to (f) of subsection (1) of this section to a court-martial shall includereferences to a court-martial F8. . . held in pursuance of [F9the M1Naval Discipline Act 1957], [F10and to a court-martial held in pursuance of] the M2Air Force Act 1955, or the law of any colony.

[F11(4)References in paragraphs (a) to (f) of subsection (1) of this section to a court-martial or to a member of a court-martial include references to a judicial officer or a person appointed under section 75L of the Air Force Act 1955 or section 47M of the Naval Discipline Act 1957 and, in relation to an offence committed in relation to a judicial officer or any person so appointed, that subsection shall have effect as if the words “other than the court in relation to which the offence was committed" were omitted.

(5)In relation to an offence committed in relation to a judicial officer, subsection (2) of this section shall have effect as if—

(a)the references to a court-martial held in pursuance of this Act were references to the judicial officer,

(b)for “another court-martial" there were substituted “a court-martial", and

(c)the words “under the hand of the president" were omitted.]

[F12(6)References in paragraphs (a) to (f) of subsection (1) of this section to a court-martial include references to the summary appeal court, the court established by section 83ZA of the Air Force Act 1955 or the court established by section 52FF of the Naval Discipline Act 1957 and, in relation to an offence committed in relation to any of those courts, that subsection shall have effect as if the words “other than the court in relation to which the offence was committed" were omitted.

(7)In relation to an offence committed in relation to the summary appeal court, subsection (2) of this section shall have effect as if—

(a)the reference to a court-martial held in pursuance of this Act were a reference to the summary appeal court,

(b)for “another court-martial" there were substituted “a court-martial", and

(c)for “the president" there were substituted “the judge advocate".]

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 57(1)(c) inserted (28.2.2002) by 2001 c. 19, s. 24(2)(a); S.I. 2002/345, art. 2 (subject to transitional provisions in art. 3)

F4Words in s. 57(2)(a) omitted (1.1.1999) by virtue of S.I. 1998/3086, reg. 4(1)(a)

F5S. 57(2A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1),s. 58, Sch. 8 para.1(1)

F6Words in s. 57(2A) substituted (prosp.) by 2000 c. 43, ss. 74, 80, Sch. 7 para. 13

F7S. 57(2B)(2C) inserted (1.1.1999) by S.I. 1998/3086, reg. 4(2)

F8Words in s. 57(3) repealed (28.2.2002) by 2001 c. 19, s. 38, Sch. 7 Pt. 1; S.I. 2002/345, art. 2 (subject to transitional provisions in art. 3)

F9Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

Modifications etc. (not altering text)

Marginal Citations

57 Offences in relation to courts-martial.E+W+S+N.I.

(1)Any person subject to military law who—

(a)having been duly summoned or ordered to attend as a witness before a court-martial, fails to comply withthe 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 [F13document or other thing which is in his custody or under his control and] 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 toanswer, or

(e)wilfully insults any person, being a member of a court-martial or a witness or any other person whoseduty it is to attend on or before the court, while that person is acting as a member thereof or is soattending, or wilfully insults any such person as aforesaid while that person is going to or returning fromthe 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 wascommitted, be liable to imprisonment for a term not exceeding two years or any less punishment provided bythis Act.

(2)Notwithstanding anything in the last foregoing subsection, where an offence against F14 that subsection is committed in relation to any court-martial held in pursuanceof this Act that court, if of opinion that it is expedient that the offender should be dealt with summarilyby the court instead of being brought to trial before another court-martial, may by order under the handof the president [F15sentence the offender—

(a)if he is an officer, to imprisonment for a term not exceeding twenty-one days, or to a fine notexceeding the amount of his pay for twenty-eight days F16. . .,

(b)in any other case, to imprisonment or detention for such a term as aforesaid, or to such a fine asaforesaid.]

[F17(2A)If the offender has attained seventeen years of age but is under twenty-one years of age, subsection(2) above shall have effect in relation to him as if the power to impose a sentence of imprisonment werea power to make an order under section 71AA below.]

[F18(2B)For the purposes of subsection (2) above, a day’s pay shall be taken to be–

(a)subject to paragraph (b) below, the gross pay which is, or would apart from any forfeiture be, issuable to the offender in respect of the day on which the order is made;

(b)if the offender is a special member of a reserve force, the gross pay which would have been issuable to him in respect of that day if he had been an ordinary member of that reserve force of the same rank.

F18(2C)In subsection (2B)(b) above “special member" and “ordinary member" have the same meaning as in the Reserve Forces Act 1996.]

(3)References in paragraphs (a) to (f) of subsection (1) of this section to a court-martial shall includereferences to a court-martial F19. . . held in pursuance of [F20the M3Naval Discipline Act 1957], [F21and to a court-martial held in pursuance of] the M4Air Force Act 1955, or the law of any colony.

[F22(4)References in paragraphs (a) to (f) of subsection (1) of this section to a court-martial or to a member of a court-martial include references to a judicial officer or a person appointed under section 75L of the Air Force Act 1955 or section 47M of the Naval Discipline Act 1957 and, in relation to an offence committed in relation to a judicial officer or any person so appointed, that subsection shall have effect as if the words “other than the court in relation to which the offence was committed" were omitted.

(5)In relation to an offence committed in relation to a judicial officer, subsection (2) of this section shall have effect as if—

(a)the references to a court-martial held in pursuance of this Act were references to the judicial officer,

(b)for “another court-martial" there were substituted “a court-martial", and

(c)the words “under the hand of the president" were omitted.]

[F23(6)References in paragraphs (a) to (f) of subsection (1) of this section to a court-martial include references to the summary appeal court, the court established by section 83ZA of the Air Force Act 1955 or the court established by section 52FF of the Naval Discipline Act 1957 and, in relation to an offence committed in relation to any of those courts, that subsection shall have effect as if the words “other than the court in relation to which the offence was committed" were omitted.

(7)In relation to an offence committed in relation to the summary appeal court, subsection (2) of this section shall have effect as if—

(a)the reference to a court-martial held in pursuance of this Act were a reference to the summary appeal court,

(b)for “another court-martial" there were substituted “a court-martial", and

(c)for “the president" there were substituted “the judge advocate".]

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F13Words in s. 57(1)(c) inserted (28.2.2002) by 2001 c. 19, s. 24(2)(a); S.I. 2002/345, art. 2 (subject to transitional provisions in art. 3)

F16Words in s. 57(2)(a) omitted (1.1.1999) by virtue of S.I. 1998/3086, reg. 4(1)(a)

F17S. 57(2A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1),s. 58, Sch. 8 para.1(1)

F18S. 57(2B)(2C) inserted (1.1.1999) by S.I. 1998/3086, reg. 4(2)

F19Words in s. 57(3) repealed (28.2.2002) by 2001 c. 19, s. 38, Sch. 7 Pt. 1; S.I. 2002/345, art. 2 (subject to transitional provisions in art. 3)

F20Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

Modifications etc. (not altering text)

Marginal Citations

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