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Courts martial offences

Cap. 135, s. 53 · Revised Edition 2020

(1) Any person subject to military law who– (a) having been duly summoned or ordered to attend as a witness before a court martial, fails to comply with the summons or order; (b) refuses to swear an oath when duly required by a court martial to do so; (c) refuses to produce any document in his custody or under his or her control which a court martial has lawfully required him to produce; (d) when a witness, refuses to answer any question which a court martial has lawfully required him to answer; or (e) willfully insults any person, being a member of a court martial or a witness or any other person whose duty it is to attend on or before the court, while that person is acting as a member thereof or is so attending, or willfully insults any such person as aforesaid while that 37 person is going to or returning from the proceedings of the court; or (f) willfully interrupts the proceedings of a court martial or otherwise misbehaves before the commits an offence and, on conviction by a court martial, other than the court in relation to which the offence was committed, is liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act. (2) Notwithstanding anything in sub-section (1), where an offence against paragraph (e) or paragraph (f) is committed in relation to any court martial held in pursuance of this Act, that court, if of the opinion that it is expedient that the offender should be dealt with summarily by the court instead of being brought to trial before another court martial, may by order under the hand of the president order the offender to be imprisoned for a period not exceeding twenty-one days, or in the case of a private soldier, either to be imprisoned for such a period or to undergo detention for such a period.

Amended by: 33 of 2020

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