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Amendment of section 208 of Principal Act (contempt of court-martial).
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56.— Section 208 of the Principal Act is amended—
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(a) in subsection (1)—
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(i) by inserting the following after paragraph (b)—
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“(ba) fails, neglects or refuses to comply with a direction of the military judge under section 195, or
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(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
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(bc) by act or omission, obstructs or hinders the court-martial in the performance of its functions, or”,
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(ii) by substituting the following for paragraph (c):
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“(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,”,
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and
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(iii) by substituting “€3,000” for “£1,000”,
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(b) by inserting the following after subsection (1):
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“(1A) A prosecution for an offence under this section may be brought only by or with the consent of the Director of Public Prosecutions.”,
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and
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(c) in subsection (2), by substituting the following for paragraph (a):
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“(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—
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(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
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(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
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(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
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(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
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(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.”.
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