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Offences against service justice |
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27 | Obstructing or failing to assist a service policeman |
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(1) | A person within subsection (2) commits an offence if— |
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(a) | he intentionally obstructs, or intentionally fails to assist when called |
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upon to do so, a person who is— |
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(i) | a service policeman acting in the course of his duty; or |
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(ii) | a person subject to service law lawfully exercising authority on |
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behalf of a provost officer; and |
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(b) | he knows or has reasonable cause to believe that that person is a service |
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policeman or a person exercising authority on behalf of a provost |
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(2) | 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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(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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28 | Resistance to arrest etc |
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(1) | A person subject to service law (“A”) commits an offence if another person |
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(“B”), in the exercise of a power conferred by or under this Act, orders A into |
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(a) | A disobeys the order; |
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(b) | A uses violence against B; or |
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(c) | A’s behaviour towards B is threatening. |
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(2) | A person subject to service law, or a civilian subject to service discipline, |
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(a) | he uses violence against a person who has a duty to apprehend him, or |
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his behaviour towards such a person is threatening; and |
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(b) | he knows or has reasonable cause to believe that the person has a duty |
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(3) | For the purposes of this section— |
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(a) | a person’s “behaviour” includes anything said by him; |
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(b) | “threatening” behaviour is not limited to behaviour that threatens |
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(c) | a “duty” to apprehend a person means such a duty arising under |
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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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29 | Offences in relation to service custody |
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(1) | A person subject to service law, or a civilian subject to service discipline, |
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commits an offence if he escapes from lawful custody. |
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(2) | A person subject to service law, or a civilian subject to service discipline, |
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(a) | he uses violence against a person in whose lawful custody he is, or his |
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behaviour towards such a person is threatening; and |
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(b) | he knows or has reasonable cause to believe that the custody is lawful. |
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(3) | For the purposes of this section— |
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(a) | references to custody are to service custody; |
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(b) | a person’s behaviour includes anything said by him; |
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(c) | “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 two years. |
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30 | Allowing escape, or unlawful release, of prisoners etc |
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(1) | A person subject to service law commits an offence if— |
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(a) | he knows that a person is committed to his charge, or that it is his duty |
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(b) | he does an act that results in that person’s escape; and |
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(c) | he intends to allow, or is reckless as to whether the act will allow, that |
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person to escape, or he is negligent. |
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(2) | A person subject to service law commits an offence if— |
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(a) | he knows that a person is committed to his charge; |
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(b) | he releases that person without authority to do so; and |
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(c) | he knows or has reasonable cause to believe that he has no such |
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(3) | In this section “act” includes an omission and the reference to the doing of an |
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act is to be construed 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— |
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(a) | in the case of an offence under subsection (1) where the offender |
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intended to allow the person to escape, or an offence under subsection |
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(2) where the offender knew he had no authority to release the person, |
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(b) | in any other case, two years. |
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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 the hazarding of any |
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of Her Majesty’s ships; and |
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(b) | he intends to cause damage to or the stranding or loss of the ship. |
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(2) | A person subject to service law commits an offence if— |
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(a) | he does an act that causes the hazarding of any of Her Majesty’s ships; |
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(b) | he is reckless as to whether he causes damage to or the stranding or loss |
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(3) | A person subject to service law commits an offence if, negligently, he does an |
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act that causes the hazarding of any of Her Majesty’s ships. |
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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) | “Her Majesty’s ships” means all ships belonging to or used for the |
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purposes of any of Her Majesty’s forces. |
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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 two |
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32 | Giving false air signals etc |
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(1) | A person subject to service law commits an offence if, without lawful excuse, |
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(a) | gives a false air signal; or |
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(b) | alters or interferes with an air signal or any equipment for giving an air |
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(2) | In this section “air signal” means a message, signal or indication given (by any |
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means) for the guidance of aircraft or a particular aircraft. |
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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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(1) | A person subject to service law commits an offence if— |
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(i) | when flying or using an aircraft, or |
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(ii) | in relation to an aircraft or aircraft material, |
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| that causes or is likely to cause loss of life or injury to any person; and |
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(b) | he is reckless as to whether he causes loss of life or injury to any person, |
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“act” includes an omission and the reference to the doing of an act is to be |
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“aircraft material” includes— |
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(a) | parts of and accessories for aircraft (whether or not for the time |
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(b) | armaments in or for use in aircraft; |
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(c) | any other equipment or instrument in or for use in aircraft; |
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(d) | any equipment for use in connection with the taking-off or |
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landing of aircraft or for detecting the movement of aircraft; |
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(e) | any fuel for the propulsion of aircraft; and |
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(f) | any lubricant for aircraft or for anything within any of |
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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— |
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(a) | if the offender was reckless, may be for life; |
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(b) | otherwise, must not exceed two years. |
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(1) | A person subject to service law commits an offence if— |
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(a) | he flies an aircraft at a height less than the minimum height, other |
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(i) | when taking off or landing; or |
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(ii) | in any other circumstances prescribed by regulations made by |
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(b) | he intends to fly, or is reckless as to whether he flies, the aircraft at a |
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height less than the minimum height, or he is negligent. |
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(2) | If a person flies an aircraft in contravention of subsection (1) on the orders of |
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another person who is in command of the aircraft, that other person is for the |
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purposes of this section to be treated as flying the aircraft. |
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(3) | In this section “minimum height” means the height prescribed by regulations |
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made by the Defence Council. |
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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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(1) | A person subject to service law commits an offence if— |
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(a) | he flies an aircraft so as to annoy or be likely to annoy any person; |
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(b) | he can reasonably avoid flying the aircraft as mentioned in paragraph |
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(c) | he intends to fly, or is reckless as to whether he flies, the aircraft so as |
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to annoy any person, or he is negligent. |
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(2) | If a person flies an aircraft in contravention of subsection (1) on the orders of |
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another person who is in command of the aircraft, that other person is for the |
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purposes of this section to be treated as flying the aircraft. |
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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 rows 3 to 12 of the Table in section 163. |
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36 | Inaccurate certification |
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(1) | A person subject to service law commits an offence if he makes or signs a |
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relevant certificate without having ensured its accuracy. |
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(2) | In this section “relevant certificate” means a certificate (including an electronic |
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certificate) relating to— |
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(a) | any matter affecting the seagoing or fighting efficiency of any of Her |
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(b) | any of Her Majesty’s aircraft; or |
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(c) | any aircraft material. |
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“Her Majesty’s ships” has the meaning given by section 31; |
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“Her Majesty’s aircraft” means all aircraft belonging to or used for the |
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purposes of any of Her Majesty’s forces; |
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“aircraft material” has the meaning given by section 33. |
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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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37 | Prize offences by officer in command of ship or aircraft |
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(1) | A person subject to service law who, while in command of any of Her Majesty’s |
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ships or aircraft, takes any ship or aircraft as prize commits an offence if he |
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unlawfully fails to ensure that all the ship papers or aircraft papers found on |
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board are sent to a prize court of competent jurisdiction. |
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(2) | A person subject to service law who, while in command of any of Her Majesty’s |
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ships or aircraft, takes any ship, aircraft or goods as prize commits an offence |
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if he unlawfully fails to ensure that— |
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(a) | the ship is brought to a convenient port for adjudication; |
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(b) | the aircraft is brought to a convenient airfield for adjudication; or |
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(c) | the goods are brought to a convenient port or airfield for adjudication. |
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“Her Majesty’s ships” and “Her Majesty’s aircraft” have the meanings |
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given (respectively) by sections 31 and 36; |
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“prize court” means a prize court within the meaning of the Naval Prize |
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“ship papers” and “aircraft papers” have the meanings given by section 2 |
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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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(1) | A person subject to service law commits an offence if— |
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(a) | he ill-treats a person who is on board a ship or aircraft when it is taken |
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(b) | he unlawfully takes anything in the possession of such a person. |
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(2) | A person subject to service law commits an offence if he unloads, unpacks or |
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otherwise interferes with any goods that are on board a ship or aircraft which |
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has been taken as prize, unless— |
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(a) | the goods have been adjudged by a prize court (within the meaning of |
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the Naval Prize Act 1864 (c. 25)) to be lawful prize; or |
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(b) | the goods are removed for safe keeping or for necessary use by any of |
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Her Majesty’s forces or any force co-operating with them. |
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(3) | A person subject to service law commits an offence if, without lawful excuse, |
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he unloads, unpacks or otherwise interferes with any goods that are on board |
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a ship or aircraft that has been detained in exercise of a belligerent right or |
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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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Attempts, incitement, and aiding and abetting |
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(1) | A person subject to service law commits an offence if he attempts to commit an |
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offence to which this subsection applies. |
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(2) | Subsection (1) applies to any service offence except— |
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(a) | an offence committed by virtue of section 41 (aiding and abetting); |
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(b) | an offence under this section or section 42. |
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(3) | A civilian subject to service discipline commits an offence if he attempts to |
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commit an offence to which this subsection applies. |
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(4) | Subsection (3) applies to— |
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(a) | an offence under section 4, 13, 27, 28(2), 29, 107 or 304 of this Act or |
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under section 18 or 20 of the Armed Forces Act 1991 (c. 62); and |
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(b) | an offence under section 40 of inciting another person to commit an |
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offence mentioned in paragraph (a). |
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(5) | For the purposes of this section a person attempts to commit an offence if, with |
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intent to commit the offence, he does an act which is more than merely |
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preparatory to the commission of the offence. |
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(6) | For those purposes, a person may attempt to commit an offence even though |
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the facts are such that the commission of the offence is impossible. |
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(a) | apart from this subsection a person’s intention would not be regarded |
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as having amounted to an intent to commit an offence, but |
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(b) | if the facts of the case had been as he believed them to be his intention |
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| then for the purposes of this section he shall be regarded as having had an |
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intent to commit that offence. |
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(8) | Where in proceedings for an offence under this section there is evidence |
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sufficient in law to support a finding that the defendant did an act falling |
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within subsection (5), the question whether his act fell within that subsection is |
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(9) | A person guilty of an offence under this section is liable to the same |
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punishment as he would be liable to if guilty of the offence attempted. |
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