Armed Forces Act 2006 (c. 52)

(The document as of February, 2008)

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(b) he agrees with at least one other person subject to service law to overthrow or resist authority; or

(c) he agrees with at least one other person subject to service law to disobey authority, and the agreed disobedience would be such as to subvert discipline.

(3) For the purposes of subsection (2)--

(a) "authority" means lawful authority in any part of Her Majesty's forces or of any force co-operating with them;

(b) the reference to acting includes omitting to act.

(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 may be for life.

7 Failure to suppress mutiny

(1) A person subject to service law commits an offence if--

(a) he knows that a mutiny is occurring or is intended; and

(b) he fails to take such steps as he could reasonably be expected to take to prevent or suppress it.

(2) For the purposes of this section a mutiny occurs when a person subject to service law, in concert with at least one other person subject to service law--

(a) acts with the intention of overthrowing or resisting authority; or

(b) disobeys authority in such circumstances as to subvert discipline.

(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.

Desertion and absence without leave

8 Desertion

(1) A person subject to service law commits an offence if he deserts.

(2) For the purposes of this Act a person deserts if he is absent without leave and--

(a) he intends to remain permanently absent without leave; or

(b) he intends to avoid a period of active service.

(3) In this section "active service" means service in--

(a) an action or operation against an enemy;

(b) an operation outside the British Islands for the protection of life or property; or

(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 offender intended to avoid a period of active service, may be for life;

(b) otherwise, must not exceed two years.

9 Absence without leave

(1) A person subject to service law commits an offence if subsection (2) or (3) applies to him.

(2) This subsection applies to a person if he is intentionally or negligently absent without leave.

(3) This subsection applies to a person if--

(a) he does an act, being reckless as to whether it will cause him to be absent without leave; and

(b) it causes him to be absent without leave.

(4) In subsection (3) "act" includes an omission and the reference to the doing of an act is to be read accordingly.

(5) 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 two years.

10 Failure to cause apprehension of deserters or absentees

(1) A person subject to service law commits an offence if--

(a) he knows that another person--

(i) has committed, is committing or is attempting to commit an offence under section 8 (desertion); or

(ii) is committing or attempting to commit an offence under section 9 (absence without leave); and

(b) he fails to take such steps as he could reasonably be expected to take to cause that person to be apprehended.

(2) 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 two years.

Insubordination etc

11 Misconduct towards a superior officer

(1) A person subject to service law commits an offence if--

(a) he uses violence against a superior officer ("B"); and

(b) he knows or has reasonable cause to believe that B is a superior officer.

(2) A person subject to service law commits an offence if--

(a) his behaviour towards a superior officer ("B") is threatening or disrespectful; and

(b) he knows or has reasonable cause to believe that B is a superior officer.

(3) For the purposes of this section--

(a) the behaviour of a person ("A") towards another person ("B") includes any communication made by A to B (whether or not in B's presence);

(b) "threatening" behaviour is not limited to behaviour that threatens violence.

(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--

(a) in the case of an offence under subsection (1), or an offence under subsection (2) of behaviour that is threatening, ten years;

(b) in any other case, two years.

12 Disobedience to lawful commands

(1) A person subject to service law commits an offence if--

(a) he disobeys a lawful command; and

(b) he intends to disobey, or is reckless as to whether he disobeys, the command.

13 Contravention of standing orders

(1) A person subject to service law, or a civilian subject to service discipline, commits an offence if--

(a) he contravenes a lawful order to which this section applies; and

(b) he knows or could reasonably be expected to know of the order.

(2) This section applies to standing orders, and other routine orders of a continuing nature, of any of Her Majesty's forces, made for any--

(a) part of Her Majesty's forces;

(b) area or place; or

but paragraph (a) of this subsection does not apply in relation to a civilian subject to service discipline.

(3) 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 two years.

14 Using force against a sentry etc

(1) A person subject to service law commits an offence if--

(a) he uses force against a member of any of Her Majesty's forces, or of any force co-operating with them, who is--

(i) on guard duty and posted or ordered to patrol;

(ii) on watch; or

(iii) under orders to regulate traffic by land, water or air; or

(b) by the threat of force he compels such a person to let him or any other person pass.

Neglect of duty and misconduct

15 Failure to attend for or perform duty etc

(1) A person subject to service law commits an offence if, without reasonable excuse, he--

(a) fails to attend for any duty;

(b) leaves any duty before he is permitted to do so; or

(2) A person subject to service law commits an offence if he performs any duty negligently.

16 Malingering

(1) A person subject to service law commits an offence if, to avoid service--

(a) he pretends to have an injury;

(b) by any act he causes himself an injury;

(d) he causes another person to injure him.

(2) A person subject to service law commits an offence if, at the request of another person subject to service law ("B") and with the intention of enabling B to avoid service--

(a) by any act he causes B an injury; or

(b) by any act or omission he aggravates or prolongs any injury of B.

(3) In this section--

"injury" includes any disease and any impairment of a person's physical or mental condition, and the reference to injuring is to be read accordingly;
"service" includes any particular duty or kind of duty.

17 Disclosure of information useful to an enemy

(1) A person subject to service law commits an offence if--

(a) without lawful authority, he discloses information that would or might be useful to an enemy; and

(b) he knows or has reasonable cause to believe that the information would or might be useful to an enemy.

18 Making false records etc

(1) A person subject to service law commits an offence if--

(a) he makes an official record, knowing that it is false in a material respect; and

(b) he knows or has reasonable cause to believe that the record is official.

(2) A person who adopts as his own a record made by another person is for the purposes of subsection (1) to be treated, as well as that other person, as making the record.

(3) A person subject to service law commits an offence if--

(a) with intent to deceive, he tampers with or suppresses an official document; and

(b) he knows or has reasonable cause to believe that the document is official.

(4) A person subject to service law commits an offence if--

(a) with intent to deceive, he fails to make a record which he is under a duty to make; and

(b) he knows or has reasonable cause to believe that the record would, if made, be official.

(5) For the purposes of this section--

(a) "record" means a document or an entry in a document;

(b) "document" means anything in which information is recorded;

(c) a record or document is official if it is or is likely to be made use of, in connection with the performance of his functions as such, by a person who holds office under the Crown or is in the service of the Crown.

(6) 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 two years.

19 Conduct prejudicial to good order and discipline

(1) A person subject to service law commits an offence if he does an act that is prejudicial to good order and service discipline.

(2) In this section "act" includes an omission and the reference to the doing of an act is to be read accordingly.

20 Unfitness or misconduct through alcohol or drugs

(1) A person subject to service law commits an offence if, due to the influence of alcohol or any drug--

(a) he is unfit to be entrusted with his duty or any duty which he might reasonably expect to be called upon to perform; or

(b) his behaviour is disorderly or likely to bring discredit to Her Majesty's forces.

(2) Subsection (1) does not apply to the influence of a drug on a person ("A") if--

(a) the drug was taken or administered on medical advice and A complied with any directions given as part of that advice;

(b) the drug was taken or administered for a medicinal purpose, and A had no reason to believe that the drug might impair his ability to carry out the duties mentioned in subsection (1)(a) or (as the case may be) result in his behaving in a way mentioned in subsection (1)(b);

(d) the drug was administered to A on the orders of a superior officer of the person administering it.

(3) In this section--

(a) "drug" includes any intoxicant other than alcohol;

(b) a person's "behaviour" includes anything said by him.

(4) In proceedings for an offence under this section, any paragraph of subsection (2) is to be treated as not having applied in relation to the defendant unless sufficient evidence is adduced to raise an issue as to whether it did.

21 Fighting or threatening behaviour etc

(1) A person subject to service law commits an offence if, without reasonable excuse, he fights another person.

(2) A person subject to service law commits an offence if--

(a) without reasonable excuse, his behaviour is--

(i) threatening, abusive, insulting or provocative; and

(ii) likely to cause a disturbance; and

(b) he intends to be, or is aware that his behaviour may be, threatening, abusive, insulting or provocative.

(3) For the purposes of this section a person's "behaviour" includes anything said by him.

22 Ill-treatment of subordinates

(1) A person subject to service law who is an officer, warrant officer or non-commissioned officer commits an offence if--

(a) he ill-treats a subordinate ("B");

(b) he intends to ill-treat B or is reckless as to whether he is ill-treating B; and

(2) For the purposes of this section a person ("B") is a subordinate of another person ("A") if--

(a) B is subject to service law; and

(b) A is a superior officer of B.

23 Disgraceful conduct of a cruel or indecent kind

(1) A person subject to service law commits an offence if--

(a) he does an act which is cruel or indecent; and

(b) his doing so is disgraceful.

(2) In this section "act" includes an omission and the reference to the doing of an act is to be read accordingly.

Property offences

24 Damage to or loss of public or service property

(1) A person subject to service law commits an offence if--

(a) he does an act that causes damage to or the loss of any public or service property or any property belonging to another person subject to service law; and

(b) either--

(i) he intends to cause damage to or the loss of the property, and there is no lawful excuse for his act; or

(ii) he is reckless as to whether he causes damage to or the loss of the property.

(2) A person subject to service law commits an offence if--

(a) negligently, he does an act that causes damage to or the loss of any public or service property; or

(b) he does an act that is likely to cause damage to or the loss of any public or service property and--

(i) he is reckless as to whether he causes damage to or the loss of the property; or

(ii) he is negligent.

(3) For the purposes of this section--

(a) "act" includes an omission and references to the doing of an act are to be read accordingly;

(b) references to causing include allowing;

(d) "property" means property of a tangible nature, and references to public or service property are to be read accordingly.

(a) in the case of an offence under subsection (1), ten years;

(b) in the case of an offence under subsection (2), two years.

25 Misapplying or wasting public or service property

(1) A person subject to service law commits an offence if he misapplies or wastes any public or service property.

(2) A person guilty of an offence under this section is liable to any punishment mentioned in rows 2 to 12 of the Table in section 164.

26 Sections 24 and 25: "public property" and "service property"

(1) This section applies for the purposes of sections 24 and 25.

(2) "Public property" means property belonging to or held for the purposes of--

(a) a department of the Government of the United Kingdom;

(b) any part of the Scottish Administration;

(d) the National Assembly for Wales.

(3) "Service property" means property--

(a) belonging to or used for the purposes of any of Her Majesty's forces;

(b) belonging to a Navy, Army and Air Force Institute; or

(c) belonging to an association established, or having effect as if established, under section 110 of the Reserve Forces Act 1996 (c. 14) (reserve associations).

Offences against service justice

27 Obstructing or failing to assist a service policeman

(1) A person within subsection (2) commits an offence if--

(a) he intentionally obstructs, or intentionally fails to assist when called upon to do so, a person who is--

(i) a service policeman acting in the course of his duty; or

(ii) a person subject to service law lawfully exercising authority on behalf of a provost officer; and

(b) he knows or has reasonable cause to believe that that person is a service policeman or a person exercising authority on behalf of a provost officer.

(2) A person is within this subsection if he is--

(a) a person subject to service law; or

(b) a civilian subject to service discipline.

28 Resistance to arrest etc

(1) A person subject to service law ("A") commits an offence if another person ("B"), in the exercise of a power conferred by or under this Act, orders A into arrest and--

(a) A disobeys the order;

(b) A uses violence against B; or

(2) A person subject to service law, or a civilian subject to service discipline, commits an offence if--

(a) he uses violence against a person who has a duty to apprehend him, or his behaviour towards such a person is threatening; and

(b) he knows or has reasonable cause to believe that the person has a duty to apprehend him.

(3) For the purposes of this section--

(a) a person's "behaviour" includes anything said by him;

(b) "threatening" behaviour is not limited to behaviour that threatens violence;

29 Offences in relation to service custody

(1) A person subject to service law, or a civilian subject to service discipline, commits an offence if he escapes from lawful custody.

(2) A person subject to service law, or a civilian subject to service discipline, commits an offence if--

(a) he uses violence against a person in whose lawful custody he is, or his behaviour towards such a person is threatening; and

(b) he knows or has reasonable cause to believe that the custody is lawful.

(3) For the purposes of this section--

(a) references to custody are to service custody;

(b) a person's behaviour includes anything said by him;

30 Allowing escape, or unlawful release, of prisoners etc

(1) A person subject to service law commits an offence if--

(a) he knows that a person is committed to his charge, or that it is his duty to guard a person;

(b) he does an act that results in that person's escape; and

(2) A person subject to service law commits an offence if--

(a) he knows that a person is committed to his charge;

(b) he releases that person without authority to do so; and

(3) In this section "act" includes an omission and the reference to the doing of an act is to be construed accordingly.

(a) in the case of an offence under subsection (1) where the offender intended to allow the person to escape, or an offence under subsection (2) where the offender knew he had no authority to release the person, ten years;

(b) in any other case, two years.

Ships and aircraft

31 Hazarding of ship

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