C1C2 Part II Discipline and Trial and Punishment of Military Offences

Annotations:
Modifications etc. (not altering text)
C1

Part II extended by Reserve Forces Act 1980 (c. 9), s. 142

C2

Part II applied (1.6.1996 subject to art. 3 of the commencing S.I.) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 18(9)(a), 20(10)(a); S.I. 1996/1173, art. 2

Offences relating to, and by, persons in custody

53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

54 Permitting escape, and unlawful release of prisoners.

1

Any person subject to military law who wilfully allows to escape any person who is committed to hischarge, or whom it is his duty to guard, shall, on conviction by court-martial, be liable to imprisonmentor any less punishment provided by this Act.

2

Any person subject to military law who—

a

without proper authority releases any person who is committed to his charge, or

b

without reasonable excuse allows to escape any person who is committed to his charge, or whom it is hisduty to guard,

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.

55 Resistance to arrest.

1

Any person subject to military law who, being concerned in any quarrel or disorder, refuses to obey anyofficer who orders him into arrest, or F3 uses violence to, or offers violence to, any such officer, shall be guiltyof an offence against this section whether or not the officer is his superior officer.

2

Any person subject to military law who F3 uses violence to, or offers violence to, any person, whether subject tomilitary law or not, whose duty it is to apprehend him or in whose custody he is shall be guilty of anoffence against this section.

3

Any person guilty of an offence against this section shall, on conviction by court-martial, be liableto imprisonment for a term not exceeding two years or any less punishment provided by this Act.

56 Escape from confinement.

Any person subject to military law who escapes from arrest, prison or other lawful custody (whethermilitary or not), shall, on conviction by court-martial, be liable to imprisonment for a term not exceedingtwo years or any less punishment provided by this Act.