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[AS AMENDED IN THE ARMED FORCES BILL SELECT COMMITTEE] |
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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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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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(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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(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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