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Desertion and absence without leave |
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(1) | A person subject to service law commits an offence if he deserts. |
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(2) | For the purposes of this Act a person deserts if he is absent without leave and— |
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(a) | he intends to remain permanently absent without leave; or |
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(b) | he intends to avoid any particular service or kind of service, and that |
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service or kind of service is relevant service. |
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(3) | In this section “relevant service” means— |
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(a) | actions or operations against an enemy; |
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(b) | operations outside the British Islands for the protection of life or |
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(c) | military occupation of a foreign country or territory. |
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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 subsection (5) applies, may be for life; |
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(b) | otherwise, must not exceed two years. |
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(5) | This subsection applies if— |
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(a) | the offender was on relevant service or under orders for such service |
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when he became absent without leave; or |
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(b) | subsection (2)(b) applied to him in relation to the offence. |
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(1) | A person subject to service law commits an offence if he is intentionally or |
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negligently absent without leave. |
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(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 |
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absent without leave; and |
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(b) | it causes him to be absent without leave. |
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(3) | In subsection (2) “act” includes an omission and the reference to the doing of |
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an act is 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, but any sentence of imprisonment |
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imposed in respect of the offence must not exceed two years. |
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10 | Failure to cause apprehension of deserters or absentees |
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(1) | A person subject to service law commits an offence if— |
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(a) | he knows that another person— |
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(i) | has committed, is committing or is attempting to commit an |
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offence under section 8 (desertion); or |
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(ii) | is committing or attempting to commit an offence under section |
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9 (absence without leave); and |
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|
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(b) | he fails to take such steps as he could reasonably be expected to take to |
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cause that person to be apprehended. |
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(2) | 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 two years. |
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11 | Misconduct towards a superior officer |
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(1) | A person subject to service law commits an offence if— |
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(a) | he uses violence against a superior officer (“B”); and |
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(b) | he knows or has reasonable cause to believe that B is a superior officer. |
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(2) | A person subject to service law commits an offence if— |
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(a) | his behaviour towards a superior officer (“B”) is threatening or |
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(b) | he knows or has reasonable cause to believe that B is a superior officer. |
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(3) | For the purposes of this section— |
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(a) | the behaviour of a person (“A”) towards another person (“B”) includes |
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any communication made by A to B (whether or not in B’s presence); |
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(b) | “threatening” behaviour is not limited to behaviour that threatens |
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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— |
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(a) | in the case of an offence under subsection (1), or an offence under |
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subsection (2) of behaviour that is threatening, ten years; |
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(b) | in any other case, two years. |
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12 | Disobedience to lawful commands |
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(1) | A person subject to service law commits an offence if— |
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(a) | he disobeys a lawful command; and |
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(b) | he intends to disobey, or is reckless as to whether he disobeys, the |
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(2) | 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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13 | Contravention of standing orders |
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(1) | A person subject to service law, or a civilian subject to service discipline, |
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(a) | he contravenes a lawful order to which this section applies; and |
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(b) | he knows or could reasonably be expected to know of the order. |
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(2) | This section applies to standing orders, and other routine orders of a |
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continuing nature, of any of Her Majesty’s forces, made for any— |
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(a) | part of Her Majesty’s forces; |
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|
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(c) | ship, train or aircraft; |
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| but paragraph (a) of this subsection does not apply in relation to a civilian |
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subject to service discipline. |
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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, but any sentence of imprisonment |
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imposed in respect of the offence must not exceed two years. |
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14 | Using force against a sentry etc |
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(1) | A person subject to service law commits an offence if— |
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(a) | he uses force against a member of any of Her Majesty’s forces, or of any |
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force co-operating with them, who is— |
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(i) | on guard duty and posted or ordered to patrol; |
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(iii) | under orders to regulate traffic by land, water or air; or |
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(b) | by the threat of force he compels such a person to let him or any other |
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(2) | 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 two years. |
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Neglect of duty and misconduct |
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15 | Failure to attend for or perform duty etc |
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(1) | A person subject to service law commits an offence if, without reasonable |
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(a) | fails to attend for any duty; |
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(b) | leaves any duty before he is permitted to do so; or |
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(c) | fails to perform any duty. |
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(2) | A person subject to service law commits an offence if he performs any duty |
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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, but any sentence of imprisonment |
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imposed in respect of the offence must not exceed two years. |
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(1) | A person subject to service law commits an offence if, to avoid service— |
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(a) | he pretends to have an injury; |
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(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 |
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(d) | he causes another person to injure him. |
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(2) | A person subject to service law commits an offence if, at the request of another |
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person subject to service law (“B”) and with the intention of enabling B to avoid |
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(a) | by any act he causes B an injury; or |
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(b) | by any act or omission he aggravates or prolongs any injury of B. |
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“injury” includes any disease and any impairment of a person’s physical |
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or mental condition, and the reference to injuring is to be read |
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“service” includes any particular duty or kind of duty. |
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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 two years. |
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17 | Disclosure of information useful to an enemy |
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(1) | A person subject to service law commits an offence if— |
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(a) | without lawful authority, he discloses information that would or might |
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be useful to an enemy; and |
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(b) | he knows or has reasonable cause to believe that the information would |
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or might be useful to an enemy. |
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(2) | 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 two years. |
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18 | Making false records etc |
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(1) | A person subject to service law commits an offence if— |
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(a) | he makes an official record, knowing that it is false in a material respect; |
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(b) | he knows or has reasonable cause to believe that the record is official. |
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(2) | A person who adopts as his own a record made by another person is for the |
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purposes of subsection (1) to be treated, as well as that other person, as making |
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(3) | A person subject to service law commits an offence if— |
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(a) | with intent to deceive, he tampers with or suppresses an official |
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(b) | he knows or has reasonable cause to believe that the document is |
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(4) | A person subject to service law commits an offence if— |
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(a) | with intent to deceive, he fails to make a record which he is under a |
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(b) | he knows or has reasonable cause to believe that the record would, if |
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(5) | For the purposes of this section— |
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(a) | “record” means a document or an entry in a document; |
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(b) | “document” means anything in which information is recorded; |
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(c) | a record or document is official if it is or is likely to be made use of, in |
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connection with the performance of his functions as such, by a person |
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who holds office under the Crown or is in the service of the Crown. |
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(6) | 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 two years. |
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19 | Conduct prejudicial to good order and discipline |
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(1) | A person subject to service law commits an offence if he does an act that is |
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prejudicial to good order and service discipline. |
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(2) | In this section “act” includes an omission and the reference to the doing of an |
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act is to be read accordingly. |
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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, but any sentence of imprisonment |
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imposed in respect of the offence must not exceed two years. |
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20 | Unfitness or misconduct through alcohol or drugs |
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(1) | A person subject to service law commits an offence if, due to the influence of |
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(a) | he is unfit to be entrusted with his duty or any duty which he might |
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reasonably expect to be called upon to perform; or |
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(b) | his behaviour is disorderly or likely to bring discredit to Her Majesty’s |
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(2) | Subsection (1) does not apply to the influence of a drug on a person (“A”) if— |
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(a) | the drug was taken or administered on medical advice and A complied |
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with any directions given as part of that advice; |
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(b) | the drug was taken or administered for a medicinal purpose, and A had |
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no reason to believe that the drug might impair his ability to carry out |
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the duties mentioned in subsection (1)(a) or (as the case may be) result |
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in his behaving in a way mentioned in subsection (1)(b); |
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(c) | the drug was taken on the orders of a superior officer of A; or |
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(d) | the drug was administered to A on the orders of a superior officer of the |
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(a) | “drug” includes any intoxicant other than alcohol; |
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(b) | a person’s “behaviour” includes anything said by him. |
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(4) | In proceedings for an offence under this section, any paragraph of subsection |
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(2) is to be treated as not having applied in relation to the defendant unless |
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sufficient evidence is adduced to raise an issue as to whether it did. |
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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, but any sentence of imprisonment |
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imposed in respect of the offence must not exceed two years. |
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21 | Fighting or threatening behaviour etc |
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(1) | A person subject to service law commits an offence if, without reasonable |
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excuse, he fights another person. |
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(2) | A person subject to service law commits an offence if— |
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(a) | without reasonable excuse, his behaviour is— |
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(i) | threatening, abusive, insulting or provocative; and |
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(ii) | likely to cause a disturbance; and |
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(b) | he intends to be, or is aware that his behaviour may be, threatening, |
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abusive, insulting or provocative. |
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(3) | For the purposes of this section a person’s “behaviour” includes anything said |
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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 two years. |
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22 | Ill-treatment of subordinates |
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(1) | A person subject to service law who is an officer, warrant officer or non- |
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commissioned officer commits an offence if— |
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(a) | he ill-treats a subordinate (“B”); |
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(b) | he intends to ill-treat B or is reckless as to whether he is ill-treating B; |
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(c) | he knows or has reasonable cause to believe that B is a subordinate. |
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(2) | For the purposes of this section a person (“B”) is a subordinate of another |
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(a) | B is subject to service law; and |
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(b) | A is a superior officer of B. |
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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, but any sentence of imprisonment |
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imposed in respect of the offence must not exceed two years. |
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23 | Disgraceful conduct of a cruel or indecent kind |
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(1) | A person subject to service law commits an offence if— |
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(a) | he does an act which is cruel or indecent; and |
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(b) | his doing so is disgraceful. |
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(2) | In this section “act” includes an omission and the reference to the doing of an |
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act is to be read accordingly. |
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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, but any sentence of imprisonment |
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imposed in respect of the offence must not exceed two years. |
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24 | Damage to or loss of public or service property |
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(1) | A person subject to service law commits an offence if— |
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(a) | without lawful excuse, he does an act that causes damage to or the loss |
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of any public or service property or any property belonging to another |
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person subject to service law; and |
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(b) | he intends to cause damage to or the loss of the property. |
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(2) | A person subject to service law commits an offence if— |
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|
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(a) | he does an act that causes damage to or the loss of any property |
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belonging to another person subject to service law; and |
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(b) | he is reckless as to whether he causes damage to or the loss of the |
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(3) | A person subject to service law commits an offence if— |
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(a) | he does an act that causes or is likely to cause damage to or the loss of |
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any public or service property; and |
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(b) | he is reckless as to whether he causes damage to or the loss of the |
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property, or he is negligent. |
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(4) | For the purposes of this section— |
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(a) | “act” includes an omission and references to the doing of an act are to |
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(b) | references to causing include allowing; |
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(c) | “loss” includes temporary loss; |
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(d) | “property” means property of a tangible nature, and references to |
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public or service property are to be read accordingly. |
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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, but any sentence of imprisonment |
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imposed in respect of the offence must not exceed— |
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(a) | in the case of an offence under subsection (1) or (2), or an offence under |
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subsection (3) where the act caused damage to or the loss of property |
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and the offender was reckless as to whether he would cause such |
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damage or loss, ten years; |
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(b) | in any other case, two years. |
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25 | Misapplying or wasting public or service property |
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(1) | A person subject to service law commits an offence if he misapplies or wastes |
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any public or service property. |
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(2) | A person guilty of an offence under this section is liable to any punishment |
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mentioned in rows 2 to 12 of the Table in section 163. |
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26 | Sections 24 and 25: “public property” and “service property” |
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(1) | This section applies for the purposes of sections 24 and 25. |
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(2) | “Public property” means property belonging to or held for the purposes of— |
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(a) | a department of the Government of the United Kingdom; |
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(b) | any part of the Scottish Administration; |
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(c) | a Northern Ireland department; or |
| 35 |
(d) | the National Assembly for Wales. |
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(3) | “Service property” means property— |
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(a) | belonging to or used for the purposes of any of Her Majesty’s forces; |
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(b) | belonging to a Navy, Army and Air Force Institute; or |
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(c) | belonging to an association established, or having effect as if |
| 40 |
established, under section 110 of the Reserve Forces Act 1996 (c. 14) |
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