C1Part I Articles of war
Misconduct in action and other offences arising out of naval service
3 Assisting the enemy.
1
A person subject to this Act shall be guilty of an offence against this section if, knowingly and without lawful excuse, he—
a
communicates with, or gives intelligence to, the enemy, or
b
fails to make known to the proper authorities any information received by him from the enemy, or
c
furnishes the enemy with supplies of any description, or
d
having been captured by the enemy, serves with or aids the enemy in the prosecution of hostilities or of measures likely to influence morale, or in any other manner whatsoever not authorised by international usage, or
e
having been captured by the enemy, fails to take, or prevents or discourages any other person subject to service law who has been captured by the enemy from taking, any reasonable steps to rejoin Her Majesty’s service which are available to him or, as the case may be, to that other person, or
f
harbours or protects an enemy not being a prisoner of war.
2
A person guilty of an offence against this section shall be liable—
a
if the offence consisted in an act or omission falling within paragraph (a), (b), (c), (d) or (f) of subsection (1) and was committed with intent to assist the enemy, to suffer death or any less punishment authorised by this Act,
b
in any other case, to imprisonment or any less punishment authorised by this Act.
Pt. I (ss. 1-44) applied (1.6.1996) by Armed Forces Act 1991 (c. 62), ss. 18(9)(c), 20(10)(c), 27(2); S.I. 1996/1173, art. 2