Defence Act 1954

PART V.

Discipline.

Chapter I.

Liability to Military Law.

Persons subject to military law as officers.

118

118. (1) Each of the persons mentioned in this section shall, for the purposes of this Act, be a person subject to military law as an officer—

( a) an officer of the Permanent Defence Force at all times,

( b) an officer of the Reserve Defence Force when—

(i) he is ordered or employed on service or duty for which as an officer of the Reserve Defence Force he is liable, or

(ii) he is in uniform,

( c) an officer of the Reserve Defence Force (whether in receipt of pay or otherwise) during and in respect of a time when—

(i) he is, with his own consent, attached to or doing duty with any body of troops for the time being subject to military law or ordered on duty by the military authorities, or

(ii) he is voluntarily attending training, or

(iii) he is undergoing treatment in a military hospital,

( d) subject to any general or special exemption made by the Minister (the proof whereof shall lie on the person claiming exemption), any person not otherwise subject to military law who, under the general or special orders of the Minister, accompanies in an official capacity equivalent to that of an officer any portion of the Defence Forces which is on active service,

( e) any person not otherwise subject to military law, accompanying a portion of the Defence Forces which is on active service, who holds from the commanding officer of that portion a pass, revocable at the pleasure of such commanding officer, entitling him to be treated on the footing of an officer.

(2) For the purposes of this section and section 119, a portion of the Defence Forces shall be on active service—

( a) during a period during which an order under subsection (2) of section 5 is in force, or

( b) whenever that portion is engaged in operations against an enemy, or

( c) whenever that portion is engaged in military operations in a place wholly or mainly occupied by an enemy.