Armed Forces Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Armed Forces Bill

Armed Forces Bill
Part 17 — Miscellaneous
172

connection with inquiries), subject to such modifications as the Secretary of
State considers appropriate.
(5)
Where the regulations create an offence they may provide—
(a)
that the offence is a service offence and is punishable by any
punishment mentioned in rows 7 to 12 of the Table in section 163; or
5
(b)
that the offence is an offence triable summarily by a civilian court in the
United Kingdom, the Isle of Man or a British overseas territory and is
punishable by a fine not exceeding level 3 on the standard scale.
(6)
In this section “prescribed” means prescribed by regulations under this section.
Part 17
10
Miscellaneous
Offences relating to service matters punishable by civilian courts
338
Aiding or abetting etc desertion or absence without leave
(1)
A person commits an offence if he aids, abets, counsels or procures the
commission by another person of an offence under section 8 (desertion) or 9
15
(absence without leave).
(2)
A person commits an offence if—
(a)
he knows that another person (“B”) is subject to service law;
(b)
he does an act intending to cause B to be absent without leave; and
(c)
it causes B to be absent without leave.
20
(3)
A person (“A”) commits an offence if—
(a)
another person (“B”) has committed an offence under section 8 or 9;
(b)
A knows or believes B to be guilty of that offence; and
(c)
A does an act intending to impede B’s apprehension or prosecution.
(4)
Subsections (1) to (3) apply to any aiding, abetting, counselling or procuring,
25
or (as the case may be) any act, done—
(a)
in a relevant territory;
(b)
otherwise than in a relevant territory, by a United Kingdom national
(see section 341) or a person resident in a relevant territory.
(5)
In subsection (4) “relevant territory” means—
30
(a)
the United Kingdom;
(b)
the Isle of Man; or
(c)
a British overseas territory.
(6)
In subsection (2) (and subsection (4) so far as relating to that subsection) “act”
includes an omission, and the references to the doing of an act are to be read
35
accordingly.
(7)
A person guilty of an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding the
relevant maximum or to a fine not exceeding the statutory maximum,
or to both;
40
(b)
on conviction on indictment, to imprisonment for a term not exceeding
two years or to a fine, or to both.

Armed Forces Bill
Part 17 — Miscellaneous
173

(8)
In subsection (7) “the relevant maximum” is—
(a)
in relation to England and Wales, 12 months;
(b)
otherwise, 6 months.
339
Aiding or abetting etc malingering
(1)
A person commits an offence if he aids, abets, counsels or procures the
5
commission by another person of an offence under section 16 (malingering).
(2)
A person commits an offence if—
(a)
he knows that a person (“B”) is subject to service law; and
(b)
intending to cause B to avoid service, by any act—
(i)
he causes B an injury; or
10
(ii)
he aggravates or prolongs any injury of B’s.
(3)
A person commits an offence if—
(a)
he knows that a person (“B”) is subject to service law; and
(b)
intending to cause B to avoid service, by any act—
(i)
he causes B to believe that B has an injury; or
15
(ii)
he causes another person to believe that B has an injury.
(4)
Subsections (1) to (3) apply to any aiding, abetting, counselling or procuring,
or (as the case may be) any act, done—
(a)
in a relevant territory;
(b)
otherwise than in a relevant territory, by a United Kingdom national
20
(see section 341) or a person resident in a relevant territory.
(5)
In subsection (4) “relevant territory” means—
(a)
the United Kingdom;
(b)
the Isle of Man; or
(c)
a British overseas territory.
25
(6)
In this section “injury” and “service” have the same meanings as in section 16.
(7)
A person guilty of an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding the
relevant maximum or to a fine not exceeding the statutory maximum,
or to both;
30
(b)
on conviction on indictment, to imprisonment for a term not exceeding
two years or to a fine, or to both.
(8)
In subsection (7) “the relevant maximum” is—
(a)
in relation to England and Wales, 12 months;
(b)
otherwise, 6 months.
35
340
Obstructing persons subject to service law in course of duty
(1)
A person commits an offence if—
(a)
he intentionally obstructs a person (“B”);
(b)
B is a person subject to service law acting in the course of his duty; and
(c)
he knows or has reasonable cause to believe that B is subject to service
40
law.
(2)
Subsection (1) applies to anything done in—

Armed Forces Bill
Part 17 — Miscellaneous
174

(a)
the United Kingdom;
(b)
the Isle of Man; or
(c)
a British overseas territory.
(3)
A person guilty of an offence under this section is liable on summary
conviction to imprisonment for a term not exceeding the relevant maximum,
5
or to a fine not exceeding level 3 on the standard scale, or to both.
(4)
In subsection (3) “the relevant maximum” is—
(a)
in relation to England and Wales, 51 weeks;
(b)
otherwise, 6 months.
341
Sections 338 to 340: supplementary provisions
10
(1)
If an offence under section 338 or 339 is committed in a British overseas
territory—
(a)
proceedings may be taken, and
(b)
the offence may for incidental purposes be treated as having been
committed,
15

in any place in the United Kingdom or the Isle of Man (without prejudice to the
right to take proceedings in that British overseas territory).
(2)
If an offence under section 338 or 339 is committed otherwise than in the
United Kingdom, the Isle of Man or a British overseas territory—
(a)
proceedings may be taken, and
20
(b)
the offence may for incidental purposes be treated as having been
committed,

in any place in the United Kingdom, the Isle of Man or a British overseas
territory.
(3)
In sections 338 and 339 a “United Kingdom national” means an individual who
25
is—
(a)
a British citizen, a British overseas territories citizen, a British National
(Overseas) or a British Overseas citizen;
(b)
a person who under the British Nationality Act 1981 (c. 61) is a British
subject; or
30
(c)
a British protected person within the meaning of that Act.
(4)
In sections 338 to 340 any reference to a person knowing or having reasonable
cause to believe that another person is subject to service law is a reference to—
(a)
his knowing the circumstances by virtue of which that other person is
subject to service law; or
35
(b)
(as the case may be) his having reasonable cause to believe that those
circumstances exist.
342
British overseas territories: references to maximum penalties
(1)
This section applies in relation to any provision of—
(a)
section 338, 339 or 340, or
40
(b)
regulations made by virtue of section 337(5)(b),

specifying the maximum term of imprisonment, or the maximum fine, to
which a person guilty of an offence under that section, or under those
regulations, is liable.

Armed Forces Bill
Part 17 — Miscellaneous
175

(2)
In relation to any such provision as it extends to a British overseas territory, the
law of the British overseas territory may—
(a)
provide for the maximum term of imprisonment to be longer or shorter
than that provided for by the provision;
(b)
provide for the maximum fine to be higher or lower than that provided
5
for by the provision;
(c)
specify the amount of the local currency that is to be treated as
equivalent to the maximum fine provided for by the provision or
provided for by virtue of paragraph (b).
Exemptions from certain civil matters
10
343
Exemption from tolls and charges
(1)
No toll or charge within subsection (2) is payable in respect of a vehicle
which—
(a)
belongs to any of Her Majesty’s forces; or
(b)
is in use for the purposes of any of those forces.
15
(2)
A toll or charge is within this subsection if it is payable—
(a)
for passing over a road or bridge, or through a tunnel, in the United
Kingdom or the Isle of Man; or
(b)
under a scheme for imposing charges in respect of the keeping or use
of vehicles on particular roads in the United Kingdom or the Isle of
20
Man.
344
Exemption of property used for service purposes from execution
A judgment or order given or made by a court in—
(a)
any part of the United Kingdom,
(b)
the Isle of Man, or
25
(c)
a British overseas territory,
against a member of any of Her Majesty’s forces may not be enforced by the
levying of execution on, or (in Scotland) the execution of diligence on, any
weapon, equipment, instrument or clothing of his which is used by him in the
course of his service in that force.
30
Powers of officers etc
345
Detention etc of persons in overseas service hospitals
Schedule 11 (powers to admit persons to and detain them in overseas service
hospitals etc) has effect.
346
Power to take affidavits and declarations
35
(1)
An authorised officer may, at a place outside the British Islands, take an
affidavit or declaration from a person subject to service law or a civilian subject
to service discipline.

Armed Forces Bill
Part 17 — Miscellaneous
176

(2)
An authorised officer before whom such an affidavit or declaration is taken
must state in the jurat or attestation his full name and rank and the date on
which and the place at which the affidavit or declaration was taken.
(3)
A document containing such a statement and purporting to be signed by an
authorised officer shall be admitted in evidence without proof of the signature
5
or of the facts set out in the statement.
(4)
For the purposes of this section an officer is “authorised” if he is subject to
service law and—
(a)
is of or above the rank of lieutenant commander, major or squadron
leader; or
10
(b)
is of the rank of naval lieutenant, military or marine captain or flight
lieutenant and—
(i)
has a general qualification within the meaning of section 71 of
the Courts and Legal Services Act 1990 (c. 41);
(ii)
is an advocate or solicitor in Scotland;
15
(iii)
is a member of the Bar of Northern Ireland or a solicitor of the
Supreme Court of Northern Ireland; or
(iv)
has in a relevant territory rights and duties similar to those of a
barrister or solicitor in England and Wales, and is subject to
punishment or disability for breach of professional rules.
20
(5)
In this section “relevant territory” means—
(a)
any of the Channel Islands;
(b)
the Isle of Man;
(c)
a Commonwealth country; or
(d)
a British overseas territory.
25
Miscellaneous
347
Extension of powers of command dependent on rank or rate
An officer, warrant officer or non-commissioned officer of a regular or reserve
force who is subject to service law (“A”) has, over members of any other such
force who are of inferior rank or rate to A, such powers of command as are
30
dependent on rank or rate.
348
Service of process
(1)
The Secretary of State may by regulations make provision with respect to the
service of process on a relevant person in connection with proceedings of a
description prescribed by the regulations.
35
(2)
Regulations under this section may in particular make provision—
(a)
for any process served on a person’s commanding officer to be treated
as duly served on the person;
(b)
with respect to cases in which service of process is to be of no effect.
(3)
In this section “relevant person” means—
40
(a)
a person subject to service law by reason of section 357(1) or (2)(a), (b),
(c) or (e); or
(b)
a civilian subject to service discipline.