Incitement to Disaffection Act 1934 in Northern Ireland
24 & 25 Geo. 5 c. 56 · Enacted 16 November 1934 · Extends to United Kingdom
An Act to make better provision for the prevention and punishment of endeavours to seduce members of His Majesty’s forces from their duty of allegiance.
[16th November 1934]
Contents
- 1Penalty on persons endeavouring to seduce members of His Majesty’s forces from their duty or allegiance.
- 3Provisions as to punishment of offences.
- 4Short title and application to Scotland and Northern Ireland.
1Penalty on persons endeavouring to seduce members of His Majesty’s forces from their duty or allegiance.
If any person maliciously and advisedly endeavors to seduce any member of His Majesty’s forces from his duty or allegiance to His Majesty, he shall be guilty of an offence under this Act.
3Provisions as to punishment of offences.
A person guilty of an offence under this Act shall be liable, on conviction on indictment to imprisonment for a term not exceeding two years or to a fine not exceeding two hundred pounds, or on summary conviction to imprisonment for a term not exceeding four months or to a fine not exceeding twenty pounds, or (whether on conviction on indictment or on summary conviction) to both such imprisonment and fine.
No prosecution in England under this Act shall take place without the consent of the Director of Public Prosecutions.
Where a prosecution under this Act is being carried on by the Director of Public Prosecutions, a court of summary jurisdiction shall not deal with the case summarily without the consent of the Director.
Where any person is convicted of an offence under this Act, the court dealing with the case may order any documents connected with the offence to be destroyed or dealt with in such other manner as may be specified in the order, but no documents shall be destroyed before the expiration of the period within which an appeal may be lodged, and if an appeal is lodged no document shall be destroyed until after the appeal has been heard and decided.
4Short title and application to Scotland and Northern Ireland.
This Act may be cited as the Incitement to Disaffection Act 1934.
This Act shall apply to Scotland subject to the following modifications:—
subsection (2) of section two shall have effect as if for references to a judge of the High Court there were substituted references to the sheriff, and any application for a search warrant under the said subsection shall be made by the procurator fiscal instead of such officer as is therein mentioned;
subsection (4) of section two shall not apply provided that anything seized under that section may be retained for a period not exceeding one month, or if within that period proceedings are commenced for an offence under this Act until the conclusion of those proceedings, and subject as aforesaid and to the provisions of any enactment, including this Act, conferring powers on courts dealing with offences, any property which has come into the possession of the police under this section shall be returned to the owner, or, if the owner cannot be ascertained, shall be disposed of in such manner as the sheriff, in a summary application made to him, may direct;
the powers conferred by this Act on the sheriff shall not be exercisable by an F1honorary sheriff.
It is hereby declared that this Act extends to Northern Ireland, and in the application thereof to Northern Ireland the provisions of this Act requiring the consent of the Director of Public Prosecutions to the summary trial of cases shall have effect as if references to the Attorney-General for Northern Ireland were therein substituted for references to the Director of Public Prosecutions.