|
| |
|
| |
(1) | A person subject to service law commits an offence if he incites another person |
| |
to commit an offence to which this subsection applies. |
| |
(2) | Subsection (1) applies to any service offence except an offence under section 42. |
| |
(3) | A civilian subject to service discipline commits an offence if he incites another |
| 5 |
person to commit an offence mentioned in section 39(4). |
| |
(4) | A person guilty of an offence under this section is liable to the same |
| |
punishment as he would be liable to if guilty of the offence incited. |
| |
41 | Aiding, abetting, counselling or procuring |
| |
(1) | Where a person subject to service law aids, abets, counsels or procures the |
| 10 |
commission by another person of an offence to which this subsection applies, |
| |
| |
(2) | Subsection (1) applies to any service offence except an offence under section 42. |
| |
(3) | A person who by virtue of subsection (1) commits an offence is liable to be |
| |
charged, tried (including dealt with at a summary hearing) and punished as a |
| 15 |
| |
(4) | Where a civilian subject to service discipline aids, abets, counsels or procures |
| |
the commission by another person of an offence mentioned in section 39(4), he |
| |
commits that offence and is liable to be charged, tried and punished as a |
| |
| 20 |
| |
| |
(1) | A person subject to service law, or a civilian subject to service discipline, |
| |
commits an offence under this section if he does any act that— |
| |
(a) | is punishable by the law of England and Wales; or |
| 25 |
(b) | if done in England or Wales, would be so punishable. |
| |
(2) | A person may be charged with an offence under this section even if he could |
| |
on the same facts be charged with a different service offence. |
| |
(3) | A person guilty of an offence under this section is liable to— |
| |
(a) | if the corresponding offence under the law of England and Wales is |
| 30 |
under that law an offence punishable with imprisonment, any |
| |
punishment mentioned in the Table in section 163; |
| |
(b) | otherwise, any punishment mentioned in rows 5 to 12 of that Table. |
| |
(4) | Any sentence of imprisonment or fine imposed in respect of an offence under |
| |
this section must not exceed— |
| 35 |
(a) | if the corresponding offence under the law of England and Wales is a |
| |
summary offence, the maximum term of imprisonment or fine that |
| |
could be imposed by a magistrates’ court on summary conviction; |
| |
(b) | if that corresponding offence is an indictable offence, the maximum |
| |
sentence of imprisonment or fine that could be imposed by the Crown |
| 40 |
Court on conviction on indictment. |
| |
|
| |
|
| |
|
(5) | In subsection (4) “a summary offence” and “an indictable offence” mean, |
| |
respectively, a summary offence under the law of England and Wales and an |
| |
indictable offence under that law. |
| |
(6) | In this section and sections 45 to 49 “act” includes an omission and references |
| |
to the doing of an act are to be read accordingly. |
| 5 |
(7) | In subsections (1) and (8) and sections 45 to 49 “punishable” means punishable |
| |
| |
(8) | In this Act “the corresponding offence under the law of England and Wales”, |
| |
in relation to an offence under this section, means— |
| |
(a) | the act constituting the offence under this section; or |
| 10 |
(b) | if that act is not punishable by the law of England and Wales, the |
| |
equivalent act done in England or Wales. |
| |
43 | Attempting criminal conduct |
| |
(1) | Subsection (2) applies for the purpose of determining whether an attempt is an |
| |
offence under section 42. |
| 15 |
(2) | For that purpose section 1(4) of the Criminal Attempts Act 1981 (c. 47) (offences |
| |
that it is an offence to attempt) has effect as if for the words from “offence |
| |
which” to “other than” there were substituted “offence under section 42 of the |
| |
Armed Forces Act 2006 consisting of an act punishable by the law of England |
| |
and Wales as an indictable offence or an act that, if done in England or Wales, |
| 20 |
would be so punishable by that law; but “indictable offence” here does not |
| |
| |
(3) | Section 42(6) applies for the purposes of section 1(4) of the Criminal Attempts |
| |
Act 1981 as modified by this section. |
| |
44 | Trial of section 42 offence of attempt |
| 25 |
(1) | Where, in proceedings for a section 42 offence of attempt, there is evidence |
| |
sufficient in law to support a finding that the defendant did an act falling |
| |
within subsection (1) of section 1 of the Criminal Attempts Act 1981, the |
| |
question whether his act fell within that subsection is a question of fact. |
| |
(2) | In this section “a section 42 offence of attempt” means an offence under section |
| 30 |
42 consisting of an act that is, or that would be if done in England or Wales, an |
| |
offence under section 1(1) of the Criminal Attempts Act 1981. |
| |
(3) | References in subsections (1) and (2) to section 1(1) of the Criminal Attempts |
| |
Act 1981 are to that provision as it has effect by virtue of section 43 above. |
| |
45 | Conspiring to commit criminal conduct |
| 35 |
(1) | For the purpose of determining whether an agreement that a course of conduct |
| |
be pursued is an offence under section 42— |
| |
(a) | sections 1(1) and 2 of the Criminal Law Act 1977 (c. 45) (conspiracy) |
| |
have effect as if any reference to an offence included a reference to an |
| |
act that, if done in England or Wales, would be punishable by the law |
| 40 |
of England and Wales; and |
| |
|
| |
|
| |
|
(b) | section 1(2) of that Act has effect as if it read— |
| |
“(2) | Where liability for any offence may be incurred without |
| |
knowledge on the part of the person committing it of any |
| |
particular fact or circumstance necessary for the commission of |
| |
it, a person is nevertheless not guilty by virtue of subsection (1) |
| 5 |
above of conspiracy to commit— |
| |
| |
(b) | an act that would amount to that offence if done in |
| |
| |
| unless he and at least one other party to the agreement intend |
| 10 |
or know that that fact or circumstance shall or will exist at the |
| |
time when the conduct constituting the offence, or the act, is to |
| |
| |
(2) | Section 42(6) applies for the purposes of section 1(2) of the Criminal Law Act |
| |
1977 (c. 45) as substituted by this section. |
| 15 |
46 | Inciting criminal conduct |
| |
(1) | Subsection (2) applies if a person subject to service law, or a civilian subject to |
| |
service discipline, incites another person to do any act that if done in England |
| |
or Wales would be punishable by the law of England and Wales. |
| |
(2) | Regardless of where the inciter intended the act to be done, the incitement shall |
| 20 |
be treated for the purposes of section 42(1) as an act that is punishable by the |
| |
law of England and Wales. |
| |
47 | Aiding, abetting, counselling or procuring criminal conduct |
| |
(1) | Subsection (2) applies if— |
| |
(a) | any person (“A”) does an act that is punishable by the law of England |
| 25 |
and Wales or would be so punishable if done in England or Wales; and |
| |
(b) | a person subject to service law, or a civilian subject to service discipline, |
| |
aids, abets, counsels or procures A’s doing of that act. |
| |
(2) | Regardless of where the act aided, abetted, counselled or procured was done, |
| |
the aiding, abetting, counselling or procuring shall be treated for the purposes |
| 30 |
of section 42(1) as an act that is punishable by the law of England and Wales. |
| |
(3) | For the purpose of determining whether an attempt is an act that falls within |
| |
subsection (1)(a) above, section 1(4) of the Criminal Attempts Act 1981 (c. 47) |
| |
has effect with the modification made by section 43. |
| |
48 | Provision supplementary to sections 43 to 47 |
| 35 |
(1) | This section applies where— |
| |
(a) | an attempt, agreement or incitement, or a person’s aiding, abetting, |
| |
counselling or procuring, is an offence under section 42 by reason of |
| |
| |
(b) | the act to which it relates (“the contemplated act”) is not an act that is |
| 40 |
(or that if done would have been) punishable by the law of England and |
| |
| |
|
| |
|
| |
|
(2) | For the following purposes it shall be assumed that the contemplated act |
| |
amounted to the offence under the law of England and Wales that it would |
| |
have amounted to if it had been the equivalent act in England or Wales. |
| |
| |
(a) | the purpose of determining what punishment may be imposed for the |
| 5 |
offence under section 42; |
| |
(b) | the purpose of determining for the purposes of any of the following |
| |
provisions of this Act whether the act constituting the offence under |
| |
section 42, or the equivalent act done in England or Wales, is or would |
| |
| 10 |
(i) | an offence under the law of England and Wales; |
| |
(ii) | any particular such offence; |
| |
(iii) | such an offence of any particular description. |
| |
49 | Air Navigation Order offences |
| |
(1) | If a person subject to service law, or a civilian subject to service discipline, does |
| 15 |
in or in relation to a military aircraft any act that if done in or in relation to a |
| |
civil aircraft would amount to a prescribed Air Navigation Order offence, the |
| |
act shall be treated for the purposes of section 42(1) as punishable by the law of |
| |
| |
(2) | Where an act is an offence under section 42 by reason of subsection (1) above— |
| 20 |
(a) | section 42(8)(b) does not apply; and |
| |
(b) | it shall be assumed for the following purposes that the act amounted to |
| |
the offence under the law of England and Wales that it would have |
| |
amounted to if it had been done in or in relation to a civil aircraft. |
| |
| 25 |
(a) | the purpose of determining what punishment may be imposed for the |
| |
offence under section 42; |
| |
(b) | the purpose of determining for the purposes of any of the following |
| |
provisions of this Act whether the act constituting the offence under |
| |
| 30 |
(i) | an offence under the law of England and Wales; |
| |
(ii) | any particular such offence; |
| |
(iii) | such an offence of any particular description. |
| |
| |
“military aircraft” has the meaning given by section 92 of the Civil |
| 35 |
Aviation Act 1982 (c. 16); |
| |
“civil aircraft” means an aircraft that is registered in the United Kingdom |
| |
and is not a military aircraft; |
| |
“Air Navigation Order offence” means an offence under an Order in |
| |
Council made under section 60 of the Civil Aviation Act 1982 |
| 40 |
(whenever made, and whether or not also made under any other |
| |
| |
“prescribed” means prescribed by an order made by the Secretary of State |
| |
for the purposes of this section. |
| |
|
| |
|
| |
|
| |
Jurisdiction and Time Limits |
| |
| |
| |
| 5 |
50 | Jurisdiction of the Court Martial |
| |
(1) | The Court Martial has jurisdiction to try any service offence. |
| |
(2) | In this Act “service offence” means— |
| |
(a) | any offence under Part 1; |
| |
(b) | an offence under section 107 (breach of requirement imposed on release |
| 10 |
| |
(c) | an offence under section 228 (breach of service restraining order); |
| |
(d) | an offence under section 265 (failure to comply with financial statement |
| |
| |
(e) | any offence under Chapter 1 of Part 13 (testing for alcohol and drugs); |
| 15 |
(f) | any offence under regulations under section 325 (false answer during |
| |
enlistment in a regular force) or section 337 (service inquiries) that the |
| |
regulations provide is a service offence; |
| |
(g) | an offence under section 18 or 20 of the Armed Forces Act 1991 (c. 62) |
| |
(orders for the protection of children); |
| 20 |
(h) | an offence under any of sections 95 to 97 of the Reserve Forces Act 1996 |
| |
(c. 14) (reserve forces offences); or |
| |
(i) | an offence under paragraph 5(1) of Schedule 1 to that Act (false answer |
| |
during enlistment in a reserve force) committed by a person within |
| |
paragraph 5(3) of that Schedule. |
| 25 |
| |
51 | Jurisdiction of the Service Civilian Court |
| |
(1) | The Service Civilian Court has jurisdiction to try any service offence |
| |
committed outside the British Islands by a civilian, except an offence within |
| |
subsection (2) or an offence in relation to which subsection (4) applies. |
| 30 |
(2) | The offences within this subsection are— |
| |
(a) | an indictable-only offence under section 42; |
| |
(b) | an offence under section 265 committed in respect of a financial |
| |
statement order made by a court other than the Service Civilian Court; |
| |
(c) | any service offence under regulations under section 325 or 337; |
| 35 |
(d) | an offence within section 50(2)(h) or (i) (Reserve Forces Act offences). |
| |
(3) | For the purposes of subsections (1) and (2)— |
| |
(a) | an offence is committed by a civilian if it is committed by a person who, |
| |
at the time when it is committed, is a civilian subject to service |
| |
| 40 |
|
| |
|
| |
|
(b) | an offence under section 42 is indictable-only if the corresponding |
| |
offence under the law of England and Wales is under that law an |
| |
offence which, if committed by an adult, is triable only on indictment. |
| |
(4) | This subsection applies in relation to an offence if the defendant is for the time |
| |
| 5 |
(a) | a member of the regular or reserve forces; or |
| |
| |
(5) | For the purposes of subsection (4) a person is “liable to recall” if— |
| |
(a) | under section 65(1) of the Reserve Forces Act 1996 (c. 14) he is liable to |
| |
be recalled for service; or |
| 10 |
(b) | he is liable to be recalled as mentioned in section 35(1) of the Reserve |
| |
| |
| |
52 | Charges capable of being heard summarily |
| |
(1) | A charge against a person (“the accused”) in respect of an offence is capable of |
| 15 |
being heard summarily if (and only if) conditions A to C are met. |
| |
(2) | Condition A is that the offence is one that may be dealt with at a summary |
| |
hearing (see section 53). |
| |
(3) | Condition B is that the accused is— |
| |
(a) | an officer of or below the rank of commander, lieutenant-colonel or |
| 20 |
| |
(b) | a person of or below the rank or rate of warrant officer. |
| |
(4) | Condition C is (subject to subsections (5) and (6)) that the accused is— |
| |
(a) | subject to service law, |
| |
(b) | a member of a volunteer reserve force, or |
| 25 |
(c) | a member of an ex-regular reserve force who is subject to an additional |
| |
| |
| from the time the offence is committed to the end of the summary hearing of |
| |
| |
(5) | If the offence is one under section 96(1) of the Reserve Forces Act 1996 |
| 30 |
committed by virtue of section 96(2) of that Act, condition C is that the accused |
| |
| |
| |
(b) | a member of the regular forces, |
| |
| from the time the offence is committed to the end of the summary hearing of |
| 35 |
| |
(6) | If the offence is any other Reserve Forces Act offence, condition C is that the |
| |
accused is a member of a reserve force from the time the offence is committed |
| |
to the end of the summary hearing of the charge. |
| |
(7) | For the purposes of this section— |
| 40 |
(a) | a person is “liable to recall” if— |
| |
(i) | under section 65(1) of the Reserve Forces Act 1996 he is liable to |
| |
be recalled for service; or |
| |
|
| |
|
| |
|
(ii) | he is liable to be recalled as mentioned in section 35(1) of the |
| |
Reserve Forces Act 1980 (c. 9); |
| |
(b) | “Reserve Forces Act offence” means an offence within section 53(1)(k). |
| |
(8) | Where at any time it falls to a person to determine for the purposes of any |
| |
provision of this Act whether a charge is or would be capable of being heard |
| 5 |
summarily, the references in subsections (4) to (6) to the end of the summary |
| |
hearing of the charge are to be read as references to that time. |
| |
53 | Offences that may be dealt with at a summary hearing |
| |
(1) | The following service offences may be dealt with at a summary hearing— |
| |
(a) | an offence under section 4(3); |
| 10 |
(b) | an offence under any of sections 9 to 15; |
| |
(c) | an offence under section 16(1)(a), or an offence under section 16(1)(c) |
| |
| |
(d) | an offence under any of sections 17 to 29; |
| |
(e) | an offence under section 30(1) of negligently doing an act that results in |
| 15 |
a person’s escape, or an offence under section 30(2); |
| |
(f) | an offence under any of sections 34 to 36; |
| |
(g) | an offence under section 42 (criminal conduct) within subsection (3); |
| |
(h) | an offence under section 107; |
| |
(i) | an offence under Chapter 1 of Part 13; |
| 20 |
(j) | any service offence under regulations under section 325 or 337; |
| |
(k) | an offence under section 96 or 97 of the Reserve Forces Act 1996 (c. 14) |
| |
of absence without leave. |
| |
(2) | Any reference in a paragraph of subsection (1), except paragraph (g), to an |
| |
offence includes an offence under section 39 of attempting to commit that |
| 25 |
| |
(3) | An offence under section 42 is within this subsection if the corresponding |
| |
offence under the law of England and Wales is— |
| |
(a) | an offence listed in either Part of Schedule 1 (criminal conduct offences |
| |
that may be dealt with at a summary hearing); or |
| 30 |
(b) | an offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of |
| |
attempting to commit an (indictable) offence so listed. |
| |
(4) | The Secretary of State may by order amend Schedule 1. |
| |
54 | Charges which may be heard summarily only with permission or by senior |
| |
| 35 |
(1) | An officer may not hear summarily a charge in respect of an offence within |
| |
| |
(a) | he has obtained the permission of higher authority; or |
| |
(b) | he is of or above the rank of rear admiral, major-general or air vice- |
| |
| 40 |
(2) | An offence is within this subsection if it is an offence under section 42 as |
| |
respects which the corresponding offence under the law of England and Wales |
| |
| |
(a) | an offence listed in Part 2 of Schedule 1; or |
| |
|
| |
|