Armed Forces Act 2006 (c. 52)
(The document as of February, 2008)
-- Back --
Page 1
Pages:
P.1 |
P.2 |
P.3 |
P.4 |
P.5 |
P.6 |
P.7 |
P.8 |
P.9 |
P.10 |
P.11 |
P.12 |
P.13 |
P.14 |
P.15 |
P.16 |
P.17 |
P.18 |
P.19 |
P.20 |
P.21 |
P.22 |
P.23 |
P.24 |
P.25 |
P.26 |
P.27 |
P.28 |
P.29 |
P.30 |
P.31
Armed Forces Act 2006
2006 CHAPTER 52
CONTENTS
Content
First Group of Parts
Discipline
Part 1
Offences
Assisting an enemy, misconduct on operations etc
1. Assisting an enemy
2. Misconduct on operations
3. Obstructing operations
4. Looting
5. Failure to escape etc
Mutiny
6. Mutiny
7. Failure to suppress mutiny
Desertion and absence without leave
8. Desertion
9. Absence without leave
10. Failure to cause apprehension of deserters or absentees
Insubordination etc
11. Misconduct towards a superior officer
12. Disobedience to lawful commands
13. Contravention of standing orders
14. Using force against a sentry etc
Neglect of duty and misconduct
15. Failure to attend for or perform duty etc
16. Malingering
17. Disclosure of information useful to an enemy
18. Making false records etc
19. Conduct prejudicial to good order and discipline
20. Unfitness or misconduct through alcohol or drugs
21. Fighting or threatening behaviour etc
22. Ill-treatment of subordinates
23. Disgraceful conduct of a cruel or indecent kind
Property offences
24. Damage to or loss of public or service property
25. Misapplying or wasting public or service property
26. Sections 24 and 25: "public property" and "service property"
Offences against service justice
27. Obstructing or failing to assist a service policeman
28. Resistance to arrest etc
29. Offences in relation to service custody
30. Allowing escape, or unlawful release, of prisoners etc
Ships and aircraft
31. Hazarding of ship
32. Giving false air signals etc
33. Dangerous flying etc
34. Low flying
35. Annoyance by flying
36.
counselling or procuring criminal conduct">47. Aiding, abetting, counselling or procuring criminal conduct
48. Provision supplementary to sections 43 to 47
49. Air Navigation Order offences
-
Part 2
Jurisdiction and Time Limits
Chapter 1
Jurisdiction
Court Martial
50. Jurisdiction of the Court Martial
Service Civilian Court
51. Jurisdiction of the Service Civilian Court
Commanding officers
52. Charges capable of being heard summarily
53. Offences that may be dealt with at a summary hearing
54. Charges which may be heard summarily only with permission or by senior officer
-
Chapter 2
Time Limits for Commencing Proceedings
Time limits for offences other than Reserve Forces Act offences
55. Time limit for charging former member of a regular or reserve force
56. Time limit for charging certain members or former members of ex-regular reserve forces
57. Time limit for charging person formerly subject to service law
58. Time limit for charging civilian formerly subject to service discipline
59. Time limit for charging offence under section 107
60. Time limit for charging offence under section 266
61. Sections 55 to 60: exceptions and interpretation
Time limit for Reserve Forces Act offences
62. Time limit for charging Reserve Forces Act offences
-
Chapter 3
Double Jeopardy
63. Service proceedings barring subsequent service proceedings
64. Service proceedings barring subsequent civilian proceedings
65. Sections 63 and 64: supplementary
66. Civilian proceedings barring subsequent service proceedings
-
Part 3
Powers of Arrest, Search and Entry
Chapter 1
Arrest etc
Powers of arrest
67. Power of arrest for service offence
68. Section 67: supplementary
69. Power of arrest in anticipation of commission of service offence
Search on arrest
70. Search by service policeman upon arrest
71. Search by other persons upon arrest
72. Sections 70 and 71: supplementary
73. Seizure and retention after search upon arrest
74. Power to make provision conferring power to search premises at which person arrested
-
Chapter 2
Stop and Search
75. Power of service policeman to stop and search persons, vehicles etc
76. Stop and search by persons other than service policemen
77. Sections 75 and 76: definitions
78. Places in which powers under sections 75 and 76 may be exercised
79. Sections 75 and 76: limitation on searching persons or vehicles in certain gardens etc
80. Searches under sections 75 and 76: supplementary
81. Power to make further provision about searches under sections 75 and 76
82. Application of Chapter to ships and aircraft
Chapter 3
Powers of Entry, Search and Seizure
Entry for purposes of obtaining evidence etc
83. Power of judge advocate to authorise entry and search
84. Section 83: definitions
85. Section 83: power to make supplementary provision
86. Power to make provision as to access to excluded material etc
87. Power of CO to authorise entry and search by service policeman
88. Power of CO to authorise entry and search by other persons
89. Review by judge advocate of certain searches under section 87 or 88
Entry for purposes of arrest etc
90. Entry for purpose of arrest etc by a service policeman
91. Entry for purpose of arrest etc by other persons
Additional powers of entry, search and seizure
92. Power to make provision conferring powers of entry and search after arrest
93. Power to make provision conferring power of seizure etc
-
Chapter 4
Supplementary
94. Property in possession of service police or CO
95. Saving provision
96. "Service living accommodation", "premises" and other definitions
97. Power to use reasonable force
-
Part 4
Custody
Chapter 1
Custody without Charge
98. Limitations on custody without charge
99. Authorisation by commanding officer of custody without charge
100. Review of custody by commanding officer
101. Extension by judge advocate of custody without charge
102. Further provision about applications under section 101
103. Custody without charge: other cases
104. Custody without charge: supplementary
Chapter 2
Custody etc after Charge
Custody after charge
105. Custody after charge
106. Conditions A to D
107. Release from custody after charge
108. Review of custody after charge
109. Custody during proceedings of Court Martial or Service Civilian Court
Arrest after charge
110. Arrest after charge or during proceedings by order of commanding officer
111. Arrest during proceedings at direction of court
-
Chapter 3
Custody Proceedings Rules
112. Custody proceedings rules
-
Part 5
Investigation, Charging and Mode of Trial
Chapter 1
Investigation
Duties of commanding officers
113. CO to ensure service police aware of possibility serious offence committed
114. CO to ensure service police aware of certain circumstances
115. Duty of CO with respect to investigation of service offences
Duty of service policeman following investigation
116. Referral of case following investigation by service or civilian police
117. Section 116: position where investigation is of multiple offences or offenders
118. Duty of service policeman to notify CO of referral to DSP
-
Chapter 2
Charging and Mode of Trial
Powers of charging etc
119. Circumstances in which CO has power to charge etc
120. Power of CO to charge etc
121. Power of DSP to direct bringing of charge etc
122. Charges brought at direction of DSP
Powers of commanding officer or DSP after charge etc
123. Powers of CO after charge
124. CO to hear charge allocated for summary hearing
125. Powers of DSP in respect of charge allocated for Court Martial trial
126. Powers of DSP in respect of charge allocated for SCC trial
-
Chapter 3
Supplementary
127. Directions by DSP barring further proceedings
128. Regulations for purposes of Part 5
-
Part 6
Summary Hearing and Appeals and Review
Chapter 1
Summary Hearing
Right to elect Court Martial trial
129. Right to elect Court Martial trial
130. Further consequences of election for Court Martial trial
Summary hearing
131. Summary hearing
Punishments available to commanding officer
132. Punishments available to commanding officer
133. Detention: limits on powers
134. Forfeiture of seniority: requirement for approval
135. Reduction in rank: limits on powers
136. Fine: maximum amount
137. Service compensation orders: maximum amount
138. Prohibited combinations of punishments
139. Savings for maximum penalties for offences
-
Chapter 2
The Summary Appeal Court
140. The Summary Appeal Court
141. Right of appeal
142. Constitution of the SAC for appeals
143. Officers and warrant officers qualified for membership of the SAC
144. Officers and warrant officers ineligible for membership in particular circumstances
145. Open court
146. Hearing of appeals
147. Powers of the SAC
148. Effect of substituted punishment
149. Making of, and appeals from, decisions of the SAC
150. Privileges of witnesses and others
151. SAC rules
Chapter 3
Review of Summary Findings and Punishments
152. Review of summary findings and punishments
Chapter 4
Summary Hearings etc Rules
153. Summary hearings etc rules
-
Part 7
Trial by Court Martial
Chapter 1
The Court Martial
154. The Court Martial
155. Constitution of the Court Martial
156. Officers and warrant officers qualified for membership of the Court Martial
157. Officers and warrant officers ineligible for membership in particular circumstances
Chapter 2
Court Martial Proceedings
158. Open court
159. Rulings and directions
160. Decisions of Court Martial: finding and sentence
161. Power of Court Martial to convict of offence other than that charged
162. Privileges of witnesses and others
163. Court Martial rules
Chapter 3
Punishments Available to Court Martial
164. Punishments available to Court Martial
165. Sentencing powers of Court Martial where election for trial by that court instead of CO
Chapter 4
Findings of Unfitness to Stand Trial and Insanity
166. Fitness to stand trial
167. Finding that defendant did the act or made the omission charged
168. Findings of insanity
169. Powers where person unfit to stand trial or not guilty by reason of insanity
170. Service supervision orders
171. Remission for trial
172. Provision supplementary to sections 166 and 168
-
Part 8
Sentencing Powers and Mandatory etc Sentences
Chapter 1
Definition etc of Certain Sentences
Service supervision and punishment orders
173. Service supervision and punishment orders
174. Review of service supervision and punishment orders
Service compensation orders
175. Service compensation orders
176. Service compensation orders: appeals etc
177. Review of service compensation orders
Service community orders (civilians and dismissed servicemen only)
178. Service community orders
179. Periodic review etc of service community orders
180. Transfer of service community order to Scotland or Northern Ireland
181. Breach, revocation or amendment of service community order
Overseas community orders (civilians only)
182. Overseas community orders
183. Overseas community orders: modifications of 2003 Act
184. Breach, revocation or amendment of overseas community order
Conditional or absolute discharge (civilians only)
185. Conditional or absolute discharge
186. Commission of further offence by person conditionally discharged
187. Effect of discharge
-
Chapter 2
Consecutive Sentences
188. Consecutive custodial sentences
189. Consecutive sentences of service detention
Chapter 3
Suspended Sentence of Service Detention
190. Suspension of sentence of service detention
191. Activation by Court Martial of suspended sentence of service detention
192. Activation by Court Martial: appeals
193. Activation by CO of suspended sentence of service detention
194. Activation by CO: maximum term
195. Suspended sentences: powers of SAC
Chapter 4
Imprisonment for Term of Under 12 Months
Application of provisions in the 2003 Act
196. Term of sentence etc
Imprisonment with or without "custody plus" order
197. Imprisonment with or without a custody plus order
198. Transfer to Scotland or Northern Ireland of custody plus order
199. Revocation and amendment of custody plus orders
Suspended sentences of imprisonment
200. Suspended sentence orders with or without community requirements
201. Order without community requirements: provisions not applying
202. Order with community requirements: disapplication of certain provisions
203. Review of order with community requirements
204. Transfer to Scotland or Northern Ireland of order with community requirements
205. Amendment of order with community requirements
206. Suspended sentence: further conviction or breach of community requirement
Supplementary
207. Definitions for purposes of Chapter
-
Chapter 5
Young Offenders: Custodial Sentences Available to Service Courts
Prohibition on imposing imprisonment on persons under 18
208. Prohibition on imposing imprisonment on persons under 18
Detention for certain serious offences
209. Offenders under 18 convicted of certain serious offences: power to detain for specified period
210. Detention under section 209: place of detention etc
Detention and training orders
211. Offenders under 18: detention and training orders
212. Term of detention and training order: general
213. Application of provisions relating to civilian detention and training orders
214. Offences during currency of detention and training order
215. Section 214: definitions etc
216. Appeals against orders under section 214
-
Chapter 6
Mandatory etc Custodial Sentences for Certain Offences
Mandatory sentences
217. Mandatory life imprisonment
218. Offenders who commit murder etc when under 18: mandatory detention at Her Majesty's pleasure
Required sentences
219. Dangerous offenders aged 18 or over
220. Certain violent or sexual offences: offenders aged 18 or over
221. Dangerous offenders aged under 18
222. Offenders aged under 18: certain violent or sexual offences
223. "The required opinion" for purposes of sections 219 to 222
224. Place of detention under certain sentences
225. Third drug trafficking offence
226. Third domestic burglary
227. Firearms offences
228. Appeals where previous convictions set aside
-
Chapter 7
Court Orders Other Than Sentences
Service restraining orders
229. Service restraining orders
230. Service restraining orders: supplementary
231. Service restraining orders: appeals
232. Service restraining orders: variation and revocation
Order for parent or guardian to enter into recognizance
233. Order for service parent or service guardian to enter into recognizance
234. Recognizances and fines under section 233: further provision
235. Recognizances: appeals, variation and revocation
236. Forfeiture of recognizance
-
Part 9
Sentencing: Principles and Procedures
Chapter 1
Principles and Procedures applying to Service Courts and Summary Hearings
General sentencing principles
237. Duty to have regard to purposes of sentencing etc
238. Deciding the seriousness of an offence
239. Reduction in sentences for guilty pleas
240. Increase in sentence for racial or religious aggravation
241. Increase in sentence for aggravation related to disability or sexual orientation
Service detention and custodial sentences
242. Service detention: general restriction
243. Length of term of service detention: general provision
244. Limit on combined term of sentences of service detention
245. Section 244: supplementary
246. Crediting of time in service custody: terms of imprisonment and detention
247. Crediting of time in service custody: supplementary
Forfeiture of seniority and reduction in rank
248. Forfeiture of seniority and reduction in rank or disrating: general restriction
Financial punishments
249. Fixing of fines
250. Determination of service compensation order
251. Power to allow payment of fine or service compensation order by instalments
Reasons
252. Duty to give reasons and explain sentence
253. Duties in complying with section 252
Savings
254. Savings for powers to mitigate sentence etc
-
Chapter 2
Principles and Procedures applying to Service Courts Only
General
255. Individual sentence for each offence
256. Pre-sentence reports
257. Pre-sentence reports: supplementary
258. Mentally disordered offenders: requirement for medical report
259. Sentencing guidelines
Custodial sentences and service detention
260. Discretionary custodial sentences: general restrictions
261. Length of discretionary custodial sentences: general provision
262. Power to recommend licence conditions
263. Restriction on imposing custodial sentence or service detention on unrepresented offender
264. Effect of duties to pass custodial sentences on other powers of punishment
Dismissal
265. Dismissal: general restrictions
Financial punishments
266. Financial statement orders
267. Power of court to remit fine
268. Order for service parent or service guardian to pay fine or compensation
269. Fixing of fine or compensation to be paid by parent or guardian
Community punishments
270. Community punishments: general restrictions etc
-
Chapter 3
Supplementary
271. Civilian courts dealing with service offences
-
Part 10
Court Martial Decisions: Appeals and Review
Chapter 1
Appeals from Court Martial
272. Appeals to the Court Martial Appeal Court
Chapter 2
Review of Court Martial Sentence
273. Review of unduly lenient sentence by Court Martial Appeal Court
274. Reference of point of law to Supreme Court
275. Power to make supplementary provision about review of sentence
Chapter 3
Compensation for Miscarriages of Justice
276. Compensation for miscarriages of justice
-
Part 11
The Service Civilian Court
The Service Civilian Court: court and proceedings
277. The Service Civilian Court
278. Constitution and proceedings of the Service Civilian Court
279. Court must consider whether trial by Court Martial more appropriate
280. Right to elect trial by Court Martial instead of by SCC
281. Power of SCC to convict of offence other than that charged
Punishments available to Service Civilian Court
282. Punishments available to Service Civilian Court
283. Imprisonment: maximum term
284. Fines and compensation orders: maximum amounts
Appeals from Service Civilian Court
285. Right of appeal from SCC
286. Hearing of appeals from SCC
287. Findings made and sentences passed by Court Martial on appeal from SCC
SCC rules
288. SCC rules
-
Part 12
Service and Effect of Certain Sentences
Commencement of sentence
289. Commencement of sentences of the Court Martial and Service Civilian Court
290. Commencement of term of service detention awarded by CO
291. Commencement of consecutive term of service detention awarded by CO
292. Commencement of suspended sentence activated by CO
Effect of custodial sentence or detention on rank or rate
293. Effect on rank or rate of WOs and NCOs of custodial sentence or sentence of service detention
294. Rank or rate of WOs and NCOs while in custody pursuant to custodial sentence etc
Effect of dismissal
295. Effect of sentence of dismissal
Service of sentence
296. Service detention
297. Detention in service custody following passing of custodial sentence etc
298. Removal to England and Wales following passing of custodial sentence etc
299. Duty to receive prisoners
300. Service custody etc rules
301. Duration of sentences: persons unlawfully at large or on temporary release
302. Remission of certain sentences on passing of custodial sentence etc
303. Power of service policeman to arrest person unlawfully at large
Supplementary
304. Sentences passed by civilian courts
-
Part 13
Discipline: Miscellaneous and Supplementary
Chapter 1
Testing for Alcohol and Drugs
305. Testing for drugs
306. Testing for alcohol and drugs after serious incident
307. Definitions etc for purposes of section 306
308. Sections 305 and 306: supplementary
Chapter 2
Contempt of Court
309. Offences of misbehaviour in court etc
310. Power to detain before dealing with section 309 offence
311. Certification to civil courts
312. Decisions of court under section 309: making and effect
Chapter 3
Arrest and Detention by Civil Authorities
Arrest for service offences
313. Arrest by civilian police under warrant of judge advocate
Arrest etc for desertion or absence without leave
314. Arrest by civilian police of deserters and absentees without leave
315. Deserters and absentees without leave surrendering to civilian police
316. Proceedings before civilian court where person suspected of illegal absence
317. Warrant for the arrest of persons released under section 315(4)(c) or 316(3)(a)(ii)
Arrest of persons unlawfully at large
318. Arrest by civilian police of persons unlawfully at large
Supplementary
319. Certificates in connection with transfer to service custody etc
320. Power to use reasonable force
-
Chapter 4
Powers of the Criminal Cases Review Commission
321. Powers of the Criminal Cases Review Commission
Chapter 5
Supplementary
Financial penalty enforcement orders
322. Financial penalty enforcement orders
Power to make provision in consequence of criminal justice enactments
323. Power to make provision in consequence of criminal justice enactments
324. Section 323: definitions
Other supplementary provisions
325. Evidential burden as respects excuses
326. Exclusion of enactments requiring consent of Attorney General or DPP
327. Local probation boards
-
Second Group of Parts
Miscellaneous Matters
Part 14
Enlistment, Terms of Service etc
Enlistment, terms of service etc
328. Enlistment
329. Terms and conditions of enlistment and service
330. Desertion and absence without leave: forfeiture of service etc
331. Discharge etc from the regular forces and transfer to the reserve forces
332. Restriction on administrative reduction in rank or rate
333. Pay, bounty and allowances
Redress of individual grievances
334. Redress of individual grievances: service complaints
335. Service complaints: role of Defence Council and service complaint panels
336. Composition and procedure of service complaint panels
337. Reference of individual grievance to Her Majesty
Role of Service Complaints Commissioner
338. Referral by Service Complaints Commissioner of certain allegations
339. Reports by Commissioner on system for dealing with service complaints etc
Restriction on aliens
340. Restriction on aliens in regular forces etc
-
Part 15
Forfeitures and Deductions
341. Forfeitures and deductions: general provisions
342. Permitted forfeitures and deductions
Part 16
Inquiries
343. Service inquiries
Part 17
Miscellaneous
Offences relating to service matters punishable by civilian courts
344. Aiding or abetting etc desertion or absence without leave
345. Aiding or abetting etc malingering
346. Obstructing persons subject to service law in course of duty
347. Sections 344 to 346: supplementary provisions
348. British overseas territories: references to maximum penalties
Exemptions from certain civil matters
349. Exemption from tolls and charges
350. Exemption of property used for service purposes from execution
Powers of officers etc
351. Detention etc of persons in overseas service hospitals
352. Power to take affidavits and declarations
Protection of children of service families
353. Protection of children of service families
Miscellaneous
354. Extension of powers of command dependent on rank or rate
355. Service of process
356. Avoidance of assignment of or charge on pay and pensions etc
357. Power of British overseas territory to apply Act, etc
358. Amendments relating to reserve forces
359. Pardons for servicemen executed for disciplinary offences: recognition as victims of First World War
-
Third Group of Parts
General
Part 18
Commanding Officer and Other Persons with Functions under Act
Officers
360. Meaning of "commanding officer"
361. Meaning of "higher authority"
Court officials
362. Judge advocates
363. Court administration officer
Service Prosecuting Authority
364. Director of Service Prosecutions
365. Prosecuting officers
Service Complaints Commissioner
366. Service Complaints Commissioner
-
Part 19
Supplementary
Chapter 1
Application of Act
Persons subject to service law
367. Persons subject to service law: regular and reserve forces
368. References to members of the regular forces
369. Members of British overseas territories' forces serving with UK forces
Civilians subject to service discipline
370. Civilians subject to service discipline
Naval chaplains
371. Naval chaplains
-
Chapter 2
Other Supplementary Provisions
372. Evidence in proceedings before civilian courts
373. Orders, regulations and rules
Chapter 3
Interpretation
374. Definitions applying for purposes of whole Act
375. Definitions relating to police forces
376. "Conviction", "sentence" etc in relation to summary hearings and the SAC
377. Further interpretive provisions
Chapter 4
Final Provisions
378. Minor and consequential amendments and repeals
379. Power to make further amendments and repeals
380. Power to make transitional and transitory provision
381. Alignment of SDAs etc with this Act
382. Duration of SDAs and this Act
383. Commencement
384. Extent to Channel Islands, Isle of Man and British overseas territories
385. Extent of applied enactments
386. Short title
Schedule 1
Criminal conduct offences that may be dealt with at a summary hearing
Part 1
Offences that may be dealt with without permission
Part 2
Offences that may be dealt with only with permission
Schedule 2
"Schedule 2 offences"
Schedule 3
Civilians etc: modifications of Court Martial sentencing powers
Part 1
Civilian offenders
Part 2
Ex-servicemen etc
Schedule 4
Unfitness and insanity: modifications of Mental Health Act 1983
Schedule 5
Breach, revocation and amendment of community punishments
Part 1
Service community orders
Part 2
Overseas community orders
Schedule 6
Overseas community orders: young offenders
Schedule 7
Suspended prison sentence: further conviction or breach of requirement
Part 1
Introductory
Part 2
Modifications referred to in Part 1
Schedule 8
Amendment of the Courts-Martial (Appeals) Act 1968
Schedule 9
Assessors of compensation for miscarriages of justice
Schedule 10
Proceedings of the Service Civilian Court
Schedule 11
Powers of the Criminal Cases Review Commission
Schedule 12
Detention etc of persons in overseas service hospitals
Schedule 13
Protection of children of service families
Schedule 14
Amendments relating to reserve forces
Schedule 15
Civilians subject to service discipline
Part 1
Civilians subject to service discipline
Part 2
Exclusion and definitions
Schedule 16
Minor and consequential amendments
Schedule 17
Repeals and Revocations
An Act to make provision with respect to the armed forces; and for connected purposes.
[8th November 2006]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--
First Group of Parts Discipline
Part 1 Offences
Assisting an enemy, misconduct on operations etc
1 Assisting an enemy
(1) A person subject to service law commits an offence if, without lawful excuse, he intentionally--
(a) communicates with an enemy;
(b) gives an enemy information that would or might be useful to the enemy;
(c) fails to make known to the proper authorities any information received by him from an enemy;
(d) provides an enemy with any supplies; or
(e) harbours or protects an enemy other than a prisoner of war.
(2) A person subject to service law who has been captured by an enemy commits an offence if, without lawful excuse, he intentionally serves with or assists the enemy--
(a) in the prosecution of hostilities or of measures likely to influence morale; or
(b) in any other manner not authorised by international law.
(3) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, and any sentence of imprisonment imposed in respect of the offence may be for life.
2 Misconduct on operations
(1) A person subject to service law commits an offence if, without reasonable excuse, he--
(a) surrenders any place or thing to an enemy; or
(b) abandons any place or thing which it is his duty to defend against an enemy or to prevent from falling into the hands of an enemy.
(2) Subsections (3) to (5) apply to a person subject to service law who is--
(a) in the presence or vicinity of an enemy;
(b) engaged in an action or operation against an enemy; or
(c) under orders to be prepared for any action or operation by or against an enemy.
(3) A person to whom this subsection applies commits an offence if he fails to use his utmost exertions to carry out the lawful commands of his superior officers.
(4) A person to whom this subsection applies commits an offence if he is on guard duty and posted or ordered to patrol, or is on watch, and--
(a) without reasonable excuse, he sleeps; or
(b) (without having been regularly relieved) he leaves any place where it is his duty to be.
(5) A person to whom this subsection applies commits an offence if, without reasonable excuse, he intentionally communicates with a person who is--
(a) a member of any of Her Majesty's forces or of any force co-operating with them, or
(b) a relevant civilian,
and the communication is likely to cause that person to become despondent or alarmed.
(6) In subsection (5) "relevant civilian" means a person who--
(a) is a civilian subject to service discipline; and
(b) is accompanying a person subject to service law who is--
(i) in the presence or vicinity of an enemy; or
(ii) engaged in an action or operation against an enemy.
(7) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, and any sentence of imprisonment imposed in respect of the offence may be for life.
3 Obstructing operations
(1) A person subject to service law commits an offence if--
(a) he does an act that is likely to put at risk the success of an action or operation of any of Her Majesty's forces; and
(b) he intends to prevent, or is reckless as to whether he prevents, the success of the action or operation.
(2) A person subject to service law commits an offence if--
(a) without lawful excuse, he does an act that delays or discourages an action or operation of any of Her Majesty's forces; and
(b) he intends to delay or discourage the action or operation.
(3) In this section "act" includes an omission and references to the doing of an act are to be read accordingly.
(4) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, and any sentence of imprisonment imposed in respect of the offence--
(a) if the offence relates to an action or operation against an enemy, may be for life;
(b) otherwise, must not exceed ten years.
4 Looting
(1) A person within subsection (4) commits an offence if, without lawful excuse--
(a) he takes any property from a person who has been killed, injured, captured or detained in the course of an action or operation of any of Her Majesty's forces or of any force co-operating with them; or
(b) he searches such a person with the intention of taking property from him.
(2) A person within subsection (4) commits an offence if, without lawful excuse--
(a) he takes any property which has been left exposed or unprotected in consequence of--
(i) an action or operation of any of Her Majesty's forces or of any force co-operating with them; or
(ii) an event, or state of affairs, in relation to which such an action or operation is undertaken; or
(b) he searches any place or thing with the intention of taking property of a description mentioned in paragraph (a).
(3) A person within subsection (4) commits an offence if he takes otherwise than for the public service any vehicle, equipment or stores abandoned by an enemy.
(4) A person is within this subsection if he is--
(a) a person subject to service law; or
(b) a civilian subject to service discipline.
(5) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, and any sentence of imprisonment imposed in respect of the offence--
(a) in the case of an offence under subsection (1) or (2), may be for life;
(b) in the case of an offence under subsection (3), must not exceed seven years.
5 Failure to escape etc
(1) Subsections (2) and (3) apply to a person subject to service law who has been captured by an enemy.
(2) A person to whom this subsection applies commits an offence if--
(a) he is aware of steps that he could take to rejoin Her Majesty's forces;
(b) he could reasonably be expected to take those steps; and
(c) without lawful excuse, he fails to take them.
(3) A person to whom this subsection applies commits an offence if, without lawful excuse, he intentionally prevents or discourages another person subject to service law who has been captured by an enemy from taking any reasonable steps to rejoin Her Majesty's forces.
(4) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed ten years.
Mutiny
6 Mutiny
(1) A person subject to service law commits an offence if he takes part in a mutiny.
(2) For the purposes of this section a person subject to service law takes part in a mutiny if--
(a) in concert with at least one other person subject to service law, he--
(i) acts with the intention of overthrowing or resisting authority; or
(ii) disobeys authority in such circumstances as to subvert discipline;
(b) he agrees with at least one other person subject to service law to overthrow or resist authority; or
Pages:
P.1 |
P.2 |
P.3 |
P.4 |
P.5 |
P.6 |
P.7 |
P.8 |
P.9 |
P.10 |
P.11 |
P.12 |
P.13 |
P.14 |
P.15 |
P.16 |
P.17 |
P.18 |
P.19 |
P.20 |
P.21 |
P.22 |
P.23 |
P.24 |
P.25 |
P.26 |
P.27 |
P.28 |
P.29 |
P.30 |
P.31
-- Back --