Part 13

Discipline: Miscellaneous and Supplementary
Chapter 2

Contempt of Court

Offences of misbehaviour in court etc
309
1
A qualifying service court has jurisdiction under this section to deal with any person (“the offender”) who at a time when he is within subsection (6)—
a
refuses to take an oath or make an affirmation when duly required by the court to do so;
b
when a witness, refuses to answer any question which the court has lawfully required him to answer;
c
when attending or brought before the court refuses to produce any document or other thing which is in his custody or under his control and which the court has lawfully required him to produce;
d
intentionally interrupts the proceedings of the court or otherwise misbehaves in court; or
e
intentionally insults or intimidates—
i
any member of the court while that member is acting as such a member or is going to or returning from the court; or
ii
any witness or other person whose duty it is to attend the court, while that witness or other person is attending the court or going to or returning from the court.
2
If the offender is a person subject to service law or a civilian subject to service discipline, the court may—
a
commit the offender to service custody for a specified period not exceeding 28 days;
b
impose on him a fine not exceeding level 4 on the standard scale; or
c
do both.
3
If the offender is not a person subject to service law or a civilian subject to service discipline, the court may impose on him a fine not exceeding level 4 on the standard scale.
4
A qualifying service court may at any time revoke an order of committal made by it under this section and, if the offender is in custody, order his discharge.
5
The following are qualifying service courts for the purposes of this section—
a
the Court Martial;
b
the Summary Appeal Court;
c
the Service Civilian Court.
6
A person is within this subsection at any time when—
a
he is in the United Kingdom; or
b
he is outside the United Kingdom but is subject to service law or is a civilian subject to service discipline.
S. 309 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
Pts. 11-13 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(3)(4)
S. 309 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4