Defence Act 1954

Conduct to the prejudice of good order and discipline.

168

168. (1) Every person subject to military law who commits any act, conduct, disorder or neglect to the prejudice of good order and discipline is guilty of an offence against military law and shall, F142 [ 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, if an officer, to suffer dismissal from the Defence Forces or any less punishment awardable by a court-martial and, if a man, to suffer imprisonment F143 [ for any term not exceeding two years ] or any less punishment awardable by a court-martial.

(2) ( a) A person shall not be charged under this section with an offence which is, by virtue of any previous section contained in this Chapter, an offence against military law.

( b) Where a person is charged with an offence in contravention of this subsection and is convicted—

(i) the conviction shall not be invalid by reason only of such contravention unless it appears that an injustice has been done to the person charged by reason of such contravention,

(ii) the responsibility of an officer for such contravention shall not be affected by the validity of the conviction.

(3) For the purposes of this section—

( a) the contravention (by act or omission) by any person of—

(i) any of the provisions of this Act, or

(ii) any regulations, orders or instructions published for the general information and guidance of that portion of the Defence Forces to which that person belongs or to which he is attached, or

(iii) any general, garrison, unit, station, standing or local orders,

is an act, conduct, disorder or neglect to the prejudice of good order and discipline;

( b) an attempt to commit any offence which is, by virtue of any previous section contained in this Chapter, an offence against military law is, unless such attempt is in itself an offence against military law under that section, an act, conduct, disorder or neglect to the prejudice of good order and discipline.

(4) Subsection (3) of this section shall not be construed as affecting the generality of subsection (1) of this section.

Annotations:

Amendments:

F142

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 21, sch. 6, S.I. No. 254 of 2008.

F143

Inserted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.