(1)Subject to the provisions of this section, if any person not subject to this Act (whether within the United Kingdom or elsewhere)—
(a)having been duly summoned to attend as a witness before a court-martial, fails to comply with the summons;
(b)is guilty in relation to a court-martial of any such act or default as is described in paragraphs (b) to (f) of subsection (1) of section thirty-eight of this Act; or
(c)does any other act in relation to a court-martial which, if the court were a court of law having power to commit for contempt, would be punishable as contempt of that court,
the president of the court-martial may certify the offence to any court of law having jurisdiction in the place where it is alleged to have been committed or in the place where the offender is to be found, being a court having power to commit as aforesaid.
(2)The court to which an offence is certified under this section may inquire into the alleged offence and, after hearing any witnesses who may be produced against or on behalf of the person charged therewith, and after hearing any statement that may be offered in defence, deal with him in any manner in which the court could deal with him if he had committed the like offence in or in relation to that court.
(3)A person shall not be dealt with under this section in respect of failure to comply with a summons requiring him to attend as a witness before a court-martial unless any expenses to which he is entitled under this Act in respect of his attendance have been paid or tendered:
Provided that for the purposes of this subsection—
(a)the tender of a warrant or voucher entitling any person to travel free of charge shall be deemed to constitute tender of his expenses in respect of any travelling authorised by the warrant or voucher; and
(b)the tender of a written undertaking on behalf of [F1the Defence Council] to defray at the trial any other expenses to which such a person may be entitled under this Act in respect of his attendance shall be deemed to constitute tender of those expenses.
(4)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(5)References in subsections (1) and (3) above to a court-martial include references to the summary appeal court.]
[F4(6)References in subsections (1) and (3) above to a court-martial or its president include references to a judicial officer.]
Editorial Information
X1The insertion of the new crossheading "Findings of unfitness to stand trial and insanity" into Pt. II on 31.3.2005 gives rise to a change in the structure of this piece of legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new crossheading.
Textual Amendments
F1Words substituted by S.I. 1964/488, Sch. 1 Pt. I
F2S. 65(4) repealed (28.2.2002) by 2001 c. 19, s. 38, Sch. 7 Pt. 1; S.I. 2002/345, art. 2 (subject to art. 3)
F3S. 65(5) inserted (2.10.2000) by 2000 c. 4, s. 25, Sch. 3 para. 7; S.I. 2000/2366, art. 2 (with Sch. para. 15)
F4S. 65(6) inserted (2.10.2000) by 2000 c. 4, s. 10, Sch. 1 para. 9; S.I. 2000/2366, art. 2
Textual Amendments applied to the whole legislation
F5Act 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