Armed Forces Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Armed Forces Bill

Armed Forces Bill
Part 1 — Offences
8

(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—
(a)
by any act he causes B an injury; or
(b)
by any act or omission he aggravates or prolongs any injury of B.
5
(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;
“service” includes any particular duty or kind of duty.
10
(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
(1)
A person subject to service law commits an offence if—
15
(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.
(2)
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 two years.
18
Making false records etc
(1)
A person subject to service law commits an offence if—
(a)
he makes an official record, knowing that it is false in a material respect;
25
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
the record.
30
(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
official.
35
(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
made, be official.
40
(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;

Armed Forces Bill
Part 1 — Offences
9

(c)
a record or document is official if it is or is likely to be made use of, in
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.
(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
5
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
prejudicial to good order and service discipline.
(2)
In this section “act” includes an omission and the reference to the doing of an
10
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
imposed in respect of the offence must not exceed two years.
20
Unfitness or misconduct through alcohol or drugs
15
(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
reasonably expect to be called upon to perform; or
(b)
his behaviour is disorderly or likely to bring discredit to Her Majesty’s
20
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
with any directions given as part of that advice;
(b)
the drug was taken or administered for a medicinal purpose, and A had
25
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);
(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
30
person administering it.
(3)
In this section—
(a)
“drug” includes any intoxicant other than alcohol;
(b)
a person’s “behaviour” includes anything said by him.
(4)
In proceedings for an offence under this section, any paragraph of subsection
35
(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
mentioned in the Table in section 163, but any sentence of imprisonment
imposed in respect of the offence must not exceed two years.
40
21
Fighting or threatening behaviour etc
(1)
A person subject to service law commits an offence if, without reasonable
excuse, he fights another person.

Armed Forces Bill
Part 1 — Offences
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(2)
A person subject to service law commits an offence if—
(a)
without reasonable excuse, his behaviour is—
(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,
5
abusive, insulting or provocative.
(3)
For the purposes of this section a person’s “behaviour” includes anything said
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
10
imposed in respect of the offence must not exceed two years.
22
Ill-treatment of subordinates
(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”);
15
(b)
he intends to ill-treat B or is reckless as to whether he is ill-treating B;
and
(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—
20
(a)
B is subject to service law; and
(b)
A is a superior officer of B.
(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.
25
23
Disgraceful conduct of a cruel or indecent kind
(1)
A person subject to service law commits an offence if—
(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
30
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
imposed in respect of the offence must not exceed two years.
Property offences
35
24
Damage to or loss of public or service property
(1)
A person subject to service law commits an offence if—
(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
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(b)
he intends to cause damage to or the loss of the property.

Armed Forces Bill
Part 1 — Offences
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(2)
A person subject to service law commits an offence if—
(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.
5
(3)
A person subject to service law commits an offence if—
(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.
10
(4)
For the purposes of this section—
(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;
15
(d)
“property” means property of a tangible nature, and references to
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—
20
(a)
in the case of an offence under subsection (1) or (2), or an offence under
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
25
Misapplying or wasting public or service property
(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.
30
26
Sections 24 and 25: “public property” and “service property”
(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;
35
(c)
a Northern Ireland department; or
(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
40
(c)
belonging to an association established, or having effect as if
established, under section 110 of the Reserve Forces Act 1996 (c. 14)
(reserve associations).