Defence Act 1954

142

F96 [ Prohibition on being under the influence of an intoxicant.

142. (1) Every person subject to military law who, whether on duty or not on duty, due to his or her being under the influence of an intoxicant

( a ) is unfit to be entrusted with any duty that the person is or may be required to perform, or

( b ) behaves in a disorderly manner or in any manner likely to bring discredit on the Defence Forces,

is guilty of an offence against military law and shall, where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or, on conviction by court-martial, be liable to suffer

(i) in the case of an officer, dismissal from the Defence Forces or any less punishment awardable by a court-martial, or

(ii) in the case of a man, where the offence is committed on active service or on duty, imprisonment for any term not exceeding two years or any less punishment awardable by a court-martial, or

(iii) in the case of a man, where the offence is committed otherwise than on active service or on duty, detention for a period not exceeding ninety days or any less punishment awardable by a court-martial.

(2) In any proceedings for an offence under this section, evidence given by a person subject to military law of his opinion that another such person was, at the material time, under the influence of an intoxicant shall, without more, be evidence, until the contrary is proved, of intoxication.

(3) In any proceedings for an offence under this section it shall be a defence for the person charged with the offence to prove that the intoxicant concerned was administered by, or taken in accordance with the directions of, a registered medical practitioner or a registered dentist (or both so administered and taken). ]

Annotations:

Amendments:

F96

Substituted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 16, commenced as per s. 1(3).

Editorial Notes:

E19

Previous affecting provision: s. 142(b) amended (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4; substituted as per F-note above.