208.—F315[(1) If any person not subject to military law—

(a) having been duly summoned as a witness before a court-martial, without just cause or excuse disobeys the summons, or

(b) being in attendance as a witness at a court-martial, without just cause or excuse fails or refuses to take an oath or make a solemn declaration when legally required by the court-martial to do so, or to produce any document, record or other thing in his power or control legally required by the court-martial to be produced by him, or to answer any question to which the court-martial may legally require an answer, or

F316[(ba) fails, neglects or refuses to comply with a direction of the military judge under section 195, or

(bb) wilfully gives evidence to a court-martial which is material to the court-martial and which he knows to be false or does not believe to be true, or

(bc) by act or omission, obstructs or hinders the court-martial in the performance of its functions, or]

F317[(c) does or omits to do any other thing, which, if the court-martial were a civil court having power to commit for contempt, would be contempt of that court,]

the person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F318[€3,000] or, at the discretion of the court, to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment.]

F319[(1A) A prosecution for an offence under this section may be brought only by or with the consent of the Director of Public Prosecutions. ]

(2) F320[(a) If any person subject to military law is guilty of contempt of a court-martial by using insulting or threatening language or by causing any interruption or disturbance in the proceedings of the court-martial, the military judge presiding at the court-martial, if he considers it expedient, instead of the offender being tried by court-martial, may by order under his hand—

(i) order the offender to be imprisoned, or, in the case of a man, to undergo detention, for a period not exceeding ninety days, or

(ii) where the offender is a person subject to military law as an officer under section 118(1)(a), (b) or (c), award a fine not exceeding fourteen days’ pay at the most recent rate payable, or

(iii) where the offender is a person subject to military law as an officer under section 118(1)(d) or (e), award a fine not exceeding the maximum fine awardable for the time being by a court-martial to an officer holding the rank of second lieutenant who is in receipt of the maximum pay applicable to that rank, or

(iv) where the offender is a person subject to military law as a man under section 119(a) or (b), award a fine of an amount not exceeding fourteen days’ pay at the most recent rate payable, or

(v) where the offender is a person subject to military law as a man under section 119(c) or (d), award a fine not exceeding the maximum fine awardable for the time being by a court-martial to a man holding the rank of private of the highest grade who is in receipt of the maximum pay applicable to that rank. ]

(b) Chapter VII of this Part shall not apply to an order under paragraph (a) of this subsection.