C2Part V General Provisions

Annotations:
Modifications etc. (not altering text)

Offences relating to military matters punishable by civil courts

191 Punishment for pretending to be a deserter.

Any person who in the United Kingdom or any colony falsely represents himself to any military, naval,air-force or civil authority to be a deserter from the regular forces shall be liable on summary convictionto a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months or to bothsuch a fine and such imprisonment.

C1192 Punishment for procuring and assisting desertion.

1

Any person who, whether within or without Her Majesty’s dominions,—

a

procures or persuades any officer, warrant officer, non-commissioned officer or soldier of the regularforces to desert or to absent himself without leave; or

b

knowing that any such officer, warrant officer, non-commissioned officer or soldier is about to desertor absent himself without leave, assists him in so doing; or

F2c

knowing any person to be a deserter or absentee without leave from the regular forces, procures orpersuades or assists him to remain such a deserter or absentee, or assists in his rescue from custody,

shall be guilty of an offence against this section.

2

Any person guilty of an offence against this section shall be liable on summary conviction to a finenot exceeding fifty pounds or to imprisonment for a term not exceeding three months, or to both such a fineand such imprisonment, or on conviction on indictment to a fine not exceeding five hundred pounds or toimprisonment for a term not exceeding two years or to both such a fine and such imprisonment.

193 Punishment for obstructing members of regular forces in execution of duty.

Any person who, in the United Kingdom or any colony, wilfully obstructs or otherwise interferes withany officer, warrant officer, non-commissioned officer or soldier of the regular forces acting in theexecution of his duty shall be liable on summary conviction to a fine not exceeding F3level 3 on the standard scale or to imprisonment for a term not exceeding three months or to both such a fine and such imprisonment.

194 Punishment for aiding malingering.

Any person who, whether within or without Her Majesty’s dominions,—

a

produces in an officer, warrant officer, non-commissioned officer or soldier of the regular forces anysickness or disability; or

b

supplies to or for him any drug or preparation calculated or likely to render him, or lead to the beliefthat he is, permanently or temporarily unfit for service,

with a view to enabling him to avoid military service, whether permanently or temporarily, shall beliable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term notexceeding three months or to both such a fine and such imprisonment, or on conviction on indictment to afine not exceeding five hundred pounds or to imprisonment for a term not exceeding two years or to both sucha fine and such imprisonment.

195 Unlawful purchase, etc. of military stores.

1

Any person who, whether within or without Her Majesty’s dominions, acquires any military stores orsolicits or procures any person to dispose of any military stores, or acts for any person in the disposingof any military stores, shall be guilty of an offence against this section unless he proves either—

a

that he did not know, and could not reasonably be expected to know, that the chattels in question weremilitary stores, or

b

that those chattels had (by the transaction with which he is charged or some earlier transaction) beendisposed of by order or with the consent of F4the Defence Council or of some person or authority who had, or whom he had reasonable cause to believe to have, power togive the order or consent, or

c

that those chattels had become the property of an officer who had retired or ceased to be an officer,or of a warrant officer, non-commissioned officer or soldier who had been discharged, or of the personalrepresentatives of a person who had died.

2

Any person guilty of an offence against this section shall be liable on summary conviction to a finenot exceeding one hundred pounds or to imprisonment for a term not exceeding three months or to both sucha fine and such imprisonment, or on conviction on indictment to a fine not exceeding five hundred poundsor imprisonment for a term not exceeding two years or to both such a fine and such imprisonment.

F53

A constable may seize any property which he has reasonable grounds for suspecting of having been thesubject of an offence against this section.

4

Any person having authority to issue a warrant for the arrest of a person charged with crime may, ifsatisfied by evidence on oath that a person within his jurisdiction has, or is reasonably suspected ofhaving, in his possession any property which has been the subject of an offence against this section, granta warrant to search for such property as in the case of stolen goods; and any property suspected of havingbeen the subject of such an offence which is found on such a search shall be seized by the officer chargedwith the execution of the warrant, and that officer shall bring the person in whose possession or keepingthe property is found before a court of summary jurisdiction.

5

In this section—

  • the expression “acquire” means buy, take in exchange, take in pawn or otherwise receive (whether apartfrom this section the receiving is lawful or not);

  • the expression “dispose” means sell, give in exchange, pledge or otherwise hand over (whether apart fromthis section the handing over is lawful or not);

  • the expression “military stores” means any chattel of any description belonging to Her Majesty, which hasbeen issued for use for military purposes or is held in store for the purpose of being so issued whenrequired, and includes any chattel which had belonged, and had been issued or held, as aforesaid at somepast time.

6

For the purposes of subsection (4) of this section property shall be deemed to be in the possession ofa person if he has it under his control, and whether he has it for his own use or benefit or for the useor benefit of another.

196 Illegal dealings in documents relating to pay, pensions, mobilisation, etc.

1

Any person who—

a

as a pledge or a security for a debt, or

b

with a view to obtaining payment from the person entitled thereto of a debt due either to himself orto any other person,

receives, detains or has in his possession any official document issued in connection with the paymentto any person of any pay, pension, allowance, gratuity or other payment payable in respect of his or anyother person’s military service shall be guilty of an offence against this section.

2

Any person who has in his possession without lawful authority or excuse (the proof whereof shall lieon him) any such document as aforesaid, or any official document issued in connection with the mobilisationor demobilisation of any of Her Majesty’s military forces or any member thereof, shall be guilty of anoffence against this section.

3

Any person guilty of an offence against this section shall be liable on summary conviction to a finenot exceeding F6level 3 on the standard scale or to imprisonment for a term not exceeding three months or to both such a fine and such imprisonment.

4

For the purposes of this section a document shall be deemed to be in the possession of a person if hehas it under his control and whether he has it for his own use or benefit or for the use or benefit ofanother.

5

This section shall have effect in the United Kingdom and in any colony.

197 Unauthorised use of and dealing in decorations, etc.

1

Any person who, in the United Kingdom or in any colony,—

a

without authority uses or wears any military decoration, or any badge, wound stripe or emblem suppliedor authorised by F7the Defence Council, or

b

uses or wears any decoration, badge, wound stripe, or emblem so nearly resembling any militarydecoration, or any such badge, stripe or emblem as aforesaid, as to be calculated to deceive, or

c

falsely represents himself to be a person who is or has been entitled to use or wear any suchdecoration, badge, stripe or emblem as is mentioned in paragraph (a) of this subsection,

shall be guilty of an offence against this section:

Provided that nothing in this subsection shall prohibit the use or wearing of ordinary regimentalbadges or of brooches or ornaments representing them.

2

Any person who purchases or takes in pawn any naval, military or air-force decoration awarded to anymember of Her Majesty’s military forces, or solicits or procures any person to sell or pledge any suchdecoration, or acts for any person in the sale or pledging thereof, shall be guilty of an offence againstthis section unless he proves that at the time of the alleged offence the person to whom the decoration wasawarded was dead or had ceased to be a member of those forces.

3

Any person guilty of an offence against this section shall be liable on summary conviction to a finenot exceeding F8level 3 on the standard scale or to imprisonment for a term not exceeding three months or to both such a fine and such imprisonment.