Defence Forces (Temporary Provisions) Act, 1923

Offences in relation to Courts-Martial.

56.—Every person subject to military law who commits any of the following offences, that is to say:—

(1) The offence of making default in attending after being duly summoned, or ordered to attend as a witness at a Court-Martial; or

(2) The offence of refusing to take an oath or make a solemn declaration lawfully required by a Court-Martial to be taken or made; or

(3) The offence of refusing to produce any document in his power, possession or procurement lawfully required by a Court-Martial to be produced by him; or

(4) The offence of refusing when a witness to answer any question to which a Court-Martial may lawfully require an answer; or

(5) The offence of contempt of Court-Martial by using threatening or insulting language, or by causing any interruption or disturbance in the proceedings,

shall, on conviction by Court-Martial be liable to suffer—

(a) if an officer, imprisonment or such less punishment as is in this Act mentioned; or

(b) if a soldier, detention or such less punishment as is in this Act mentioned:

Provided that where a person subject to military law is guilty of any of the offences mentioned in this Section, such Court, if they think expedient, instead of the offender being tried by another Court-Martial, may by Order under the hand of the President, order the offender if an officer to be imprisoned without hard labour for a period not exceeding one month; or if a soldier, to undergo detention for a period not exceeding 21 days; and such Order shall not require any such confirmation as is hereinafter in this Act mentioned.