PART IIRevision of Service Offences and Punishments

Mutiny, insubordination, etc.

8Insubordinate behaviour, and disobedience to lawful commands

(1)

Section. 33 of the Army Act 1955 and section 33 of the Air Force Act 1955 (insubordinate behaviour) shall each be amended by substituting the following for the proviso to subsection (1) (which limits imprisonment to two years for offences not committed on active service and not involving violence)—

“Provided that it shall be a defence for any person charged under this subsection to prove that he neither knew nor had reasonable cause to believe that the person in relation to whom the offence is alleged to have been committed was his superior officer.”

(2)

The following provision shall be substituted for section 34 of the M1Army Act 1955 (disobedience to particular orders) and also, but with the substitution of " air-force law " for " military law ", for section 34 of the M2Air Force Act 1955:—

“34Disobedience to lawful commands.

Any person subject to military law who, whether wilfully or through neglect, disobeys any lawful command (by whatever means communicated to him) shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.”

(3)

The following provisions shall be substituted for sections 11 and 12 of the M3Naval Discipline Act 1957 (striking a superior officer, and disobedience or threatening a superior officer):—

“11Insubordinate behaviour.

Every person subject to this Act who—

(a)

strikes or otherwise uses violence to, or offers violence to, his superior officer, or

(b)

uses threatening or insubordinate language to, or behaves with contempt to, his superior officer,

shall be liable to imprisonment or any less punishment authorised by this Act:

Provided that it shall be a defence for any person charged under this section to prove that he neither knew nor had reasonable cause to believe that the person in relation to whom the offence is alleged to have been committed was his superior officer.

12Disobedience to lawful commands.

Any person subject to this Act who, whether wilfully or through neglect, disobeys any lawful command (by whatever means communicated to him) shall be liable to imprisonment or any less punishment authorised by this Act.”