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Make provision with respect to the armed forces; and for connected purposes |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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Assisting an enemy, misconduct on operations etc |
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(1) | A person subject to service law commits an offence if, without lawful excuse, |
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(a) | communicates with an enemy; |
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(b) | gives an enemy information that would or might be useful to the |
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(c) | fails to make known to the proper authorities any information received |
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(d) | provides an enemy with any supplies; or |
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(e) | harbours or protects an enemy other than a prisoner of war. |
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(2) | A person subject to service law who has been captured by an enemy commits |
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an offence if, without lawful excuse, he intentionally serves with or assists the |
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(a) | in the prosecution of hostilities or of measures likely to influence |
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(b) | in any other manner not authorised by international law. |
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(3) | A person guilty of an offence under this section is liable to any punishment |
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mentioned in the Table in section 163, and any sentence of imprisonment |
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imposed in respect of the offence may be for life. |
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2 | Misconduct on operations |
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(1) | A person subject to service law commits an offence if, without reasonable |
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(a) | surrenders any place or thing to an enemy; or |
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(b) | abandons any place or thing which it is his duty to defend against an |
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enemy or to prevent from falling into the hands of an enemy. |
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(2) | Subsections (3) to (5) apply to a person subject to service law who is— |
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(a) | in the presence or vicinity of an enemy; |
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(b) | engaged in an action or operation against an enemy; or |
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(c) | under orders to be prepared for any action or operation by or against |
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(3) | A person to whom this subsection applies commits an offence if he fails to use |
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his utmost exertions to carry out the lawful commands of his superior officers. |
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(4) | A person to whom this subsection applies commits an offence if he is on guard |
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duty and posted or ordered to patrol, or is on watch, and— |
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(a) | without reasonable excuse, he sleeps; or |
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(b) | (without having been regularly relieved) he leaves any place where it is |
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(5) | A person to whom this subsection applies commits an offence if, without |
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reasonable excuse, he intentionally communicates with a person who is— |
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(a) | a member of any of Her Majesty’s forces or of any force co-operating |
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| and the communication is likely to cause that person to become despondent or |
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(6) | In subsection (5) “relevant civilian” means a person who— |
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(a) | is a civilian subject to service discipline; and |
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(b) | is accompanying a person subject to service law who is— |
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(i) | in the presence or vicinity of an enemy; or |
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(ii) | engaged in an action or operation against an enemy. |
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(7) | A person guilty of an offence under this section is liable to any punishment |
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mentioned in the Table in section 163, and any sentence of imprisonment |
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imposed in respect of the offence may be for life. |
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(1) | A person subject to service law commits an offence if— |
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(a) | he does an act that is likely to put at risk the success of an action or |
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operation of any of Her Majesty’s forces; and |
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(b) | he intends to prevent, or is reckless as to whether he prevents, the |
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success of the action or operation. |
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(2) | A person subject to service law commits an offence if— |
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(a) | without lawful excuse, he does an act that delays or discourages an |
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action or operation of any of Her Majesty’s forces; and |
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(b) | he intends to delay or discourage the action or operation. |
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(3) | In this section “act” includes an omission and references to the doing of an act |
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are to be read accordingly. |
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(4) | A person guilty of an offence under this section is liable to any punishment |
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mentioned in the Table in section 163, and any sentence of imprisonment |
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imposed in respect of the offence— |
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(a) | if the offence relates to an action or operation against an enemy, may be |
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(b) | otherwise, must not exceed ten years. |
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(1) | A person within subsection (4) commits an offence if, without lawful excuse— |
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(a) | he takes any property from a person who has been killed, injured, |
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captured or detained in the course of an action or operation of any of |
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Her Majesty’s forces or of any force co-operating with them; or |
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(b) | he searches such a person with the intention of taking property from |
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(2) | A person within subsection (4) commits an offence if, without lawful excuse— |
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(a) | he takes any property which has been left exposed or unprotected in |
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(i) | an action or operation of any of Her Majesty’s forces or of any |
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force co-operating with them; or |
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(ii) | an event, or state of affairs, in relation to which such an action |
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or operation is undertaken; or |
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(b) | he searches any place or thing with the intention of taking property of |
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a description mentioned in paragraph (a). |
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(3) | A person within subsection (4) commits an offence if he takes otherwise than |
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for the public service any vehicle, equipment or stores abandoned by an |
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(4) | A person is within this subsection if he is— |
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(a) | a person subject to service law; or |
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(b) | a civilian subject to service discipline. |
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(5) | A person guilty of an offence under this section is liable to any punishment |
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mentioned in the Table in section 163, and any sentence of imprisonment |
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imposed in respect of the offence— |
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(a) | in the case of an offence under subsection (1) or (2), may be for life; |
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(b) | in the case of an offence under subsection (3), must not exceed seven |
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(1) | Subsections (2) and (3) apply to a person subject to service law who has been |
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(2) | A person to whom this subsection applies commits an offence if— |
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(a) | he is aware of steps that he could take to rejoin Her Majesty’s forces; |
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(b) | he could reasonably be expected to take those steps; and |
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(c) | without lawful excuse, he fails to take them. |
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(3) | A person to whom this subsection applies commits an offence if, without |
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lawful excuse, he intentionally prevents or discourages another person subject |
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to service law who has been captured by an enemy from taking any reasonable |
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steps to rejoin Her Majesty’s forces. |
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(4) | A person guilty of an offence under this section is liable to any punishment |
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mentioned in the Table in section 163, but any sentence of imprisonment |
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imposed in respect of the offence must not exceed ten years. |
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(1) | A person subject to service law commits an offence if— |
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(a) | he agrees with at least one other person subject to service law to |
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overthrow or resist authority; or |
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(b) | he agrees with at least one other person subject to service law to |
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disobey authority, and the agreed disobedience would be such as to |
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(2) | A person subject to service law commits an offence if, in concert with at least |
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one other person subject to service law, he— |
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(a) | acts with the intention of overthrowing or resisting authority; or |
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(b) | disobeys authority in such circumstances as to subvert discipline. |
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(3) | For the purposes of this section— |
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(a) | “authority” means lawful authority in any part of Her Majesty’s forces |
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or of any force co-operating with them; |
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(b) | the reference to acting includes omitting to act. |
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(4) | A person guilty of an offence under this section is liable to any punishment |
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mentioned in the Table in section 163, and any sentence of imprisonment |
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imposed in respect of the offence may be for life. |
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7 | Failure to suppress mutiny |
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(1) | A person subject to service law commits an offence if— |
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(a) | he knows that a mutiny is occurring or is intended; and |
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(b) | he fails to take such steps as he could reasonably be expected to take to |
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(2) | For the purposes of this section a mutiny occurs when an offence under section |
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(3) | A person guilty of an offence under this section is liable to any punishment |
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mentioned in the Table in section 163, and any sentence of imprisonment |
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imposed in respect of the offence may be for life. |
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