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Armed Forces Bill


Armed Forces Bill
Part 1 — Offences

5

 

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

5

(b)   

he intends to avoid any particular service or kind of service, and that

service or kind of service is relevant service.

(3)   

In this section “relevant service” means—

(a)   

actions or operations against an enemy;

(b)   

operations outside the British Islands for the protection of life or

10

property; or

(c)   

military occupation of a foreign country or territory.

(4)   

A person guilty of an offence under this section is liable to any punishment

mentioned in the Table in section 163, and any sentence of imprisonment

imposed in respect of the offence—

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(a)   

if subsection (5) applies, may be for life;

(b)   

otherwise, must not exceed two years.

(5)   

This subsection applies if—

(a)   

the offender was on relevant service or under orders for such service

when he became absent without leave; or

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(b)   

subsection (2)(b) applied to him in relation to the offence.

9       

Absence without leave

(1)   

A person subject to service law commits an offence if he is intentionally or

negligently absent without leave.

(2)   

A person subject to service law commits an offence if—

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(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.

(3)   

In subsection (2) “act” includes an omission and the reference to the doing of

an act is to be read accordingly.

30

(4)   

A person guilty of an offence under this section is liable to any punishment

mentioned in the Table in section 163, 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—

35

(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

40

 
 

Armed Forces Bill
Part 1 — Offences

6

 

(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 163, but any sentence of imprisonment

imposed in respect of the offence must not exceed two years.

5

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.

10

(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—

15

(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

20

mentioned in the Table in section 163, 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.

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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.

30

(2)   

A person guilty of an offence under this section is liable to any punishment

mentioned in the Table in section 163, but any sentence of imprisonment

imposed in respect of the offence must not exceed ten years.

13      

Contravention of standing orders

(1)   

A person subject to service law, or a civilian subject to service discipline,

35

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—

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(a)   

part of Her Majesty’s forces;

 
 

Armed Forces Bill
Part 1 — Offences

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(b)   

area or place; or

(c)   

ship, train or aircraft;

   

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

5

mentioned in the Table in section 163, 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

10

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

15

person pass.

(2)   

A person guilty of an offence under this section is liable to any punishment

mentioned in the Table in section 163, but any sentence of imprisonment

imposed in respect of the offence must not exceed two years.

Neglect of duty and misconduct

20

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

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(c)   

fails to perform any duty.

(2)   

A person subject to service law commits an offence if he performs any duty

negligently.

(3)   

A person guilty of an offence under this section is liable to any punishment

mentioned in the Table in section 163, but any sentence of imprisonment

30

imposed in respect of the offence must not exceed two years.

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;

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(c)   

by any act or omission he aggravates or prolongs any injury of his; or

(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—

40

(a)   

by any act he causes B an injury; or

 
 

Armed Forces Bill
Part 1 — Offences

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(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;

5

“service” includes any particular duty or kind of duty.

(4)   

A person guilty of an offence under this section is liable to any punishment

mentioned in the Table in section 163, but any sentence of imprisonment

imposed in respect of the offence must not exceed two years.

17      

Disclosure of information useful to an enemy

10

(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.

15

(2)   

A person guilty of an offence under this section is liable to any punishment

mentioned in the Table in section 163, but any sentence of imprisonment

imposed in respect of the offence must not exceed two years.

18      

Making false records etc

(1)   

A person subject to service law commits an offence if—

20

(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

25

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

30

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

35

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

40

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.

 
 

Armed Forces Bill
Part 1 — Offences

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(6)   

A person guilty of an offence under this section is liable to any punishment

mentioned in the Table in section 163, 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

5

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.

(3)   

A person guilty of an offence under this section is liable to any punishment

mentioned in the Table in section 163, but any sentence of imprisonment

10

imposed in respect of the offence must not exceed two years.

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

15

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

20

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);

25

(c)   

the drug was taken on the orders of a superior officer of A; or

(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;

30

(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.

(5)   

A person guilty of an offence under this section is liable to any punishment

35

mentioned in the Table in section 163, but any sentence of imprisonment

imposed in respect of the offence must not exceed two years.

21      

Fighting or threatening behaviour etc

(1)   

A person subject to service law commits an offence if, without reasonable

excuse, he fights another person.

40

(2)   

A person subject to service law commits an offence if—

(a)   

without reasonable excuse, his behaviour is—

 
 

Armed Forces Bill
Part 1 — Offences

10

 

(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

5

by him.

(4)   

A person guilty of an offence under this section is liable to any punishment

mentioned in the Table in section 163, but any sentence of imprisonment

imposed in respect of the offence must not exceed two years.

22      

Ill-treatment of subordinates

10

(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

15

(c)   

he knows or has reasonable cause to believe that B is a subordinate.

(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.

20

(3)   

A person guilty of an offence under this section is liable to any punishment

mentioned in the Table in section 163, but any sentence of imprisonment

imposed in respect of the offence must not exceed two years.

23      

Disgraceful conduct of a cruel or indecent kind

(1)   

A person subject to service law commits an offence if—

25

(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.

(3)   

A person guilty of an offence under this section is liable to any punishment

30

mentioned in the Table in section 163, but any sentence of imprisonment

imposed in respect of the offence must not exceed two years.

Property offences

24      

Damage to or loss of public or service property

(1)   

A person subject to service law commits an offence if—

35

(a)   

without lawful excuse, 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)   

he intends to cause damage to or the loss of the property.

(2)   

A person subject to service law commits an offence if—

40

 
 

Armed Forces Bill
Part 1 — Offences

11

 

(a)   

he does an act that causes damage to or the loss of any property

belonging to another person subject to service law; and

(b)   

he is reckless as to whether he causes damage to or the loss of the

property.

(3)   

A person subject to service law commits an offence if—

5

(a)   

he does an act that causes or is likely to cause damage to or the loss of

any public or service property; and

(b)   

he is reckless as to whether he causes damage to or the loss of the

property, or he is negligent.

(4)   

For the purposes of this section—

10

(a)   

“act” includes an omission and references to the doing of an act are to

be read accordingly;

(b)   

references to causing include allowing;

(c)   

“loss” includes temporary loss;

(d)   

“property” means property of a tangible nature, and references to

15

public or service property are 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 163, 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 (2), or an offence under

20

subsection (3) where the act caused damage to or the loss of property

and the offender was reckless as to whether he would cause such

damage or loss, ten years;

(b)   

in any other case, two years.

25      

Misapplying or wasting public or service property

25

(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 163.

26      

Sections 24 and 25: “public property” and “service property”

30

(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;

(c)   

a Northern Ireland department; or

35

(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

40

established, under section 110 of the Reserve Forces Act 1996 (c. 14)

(reserve associations).

 
 

 
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