Office of Public Sector Information
FIRST GROUP OF PARTS continuedPART 1 continued
(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 164.
(1) This section applies for the purposes of sections 24 and 25.
(2) “Public property” means property belonging to or held for the purposes of—
(a) a department of the Government of the United Kingdom;
(b) any part of the Scottish Administration;
(c) a Northern Ireland department; or
(d) the National Assembly for Wales.
(3) “Service property” means property—
(a) belonging to or used for the purposes of any of Her Majesty’s forces;
(b) belonging to a Navy, Army and Air Force Institute; or
(c) belonging to an association established, or having effect as if established, under section 110 of the Reserve Forces Act 1996 (c. 14) (reserve associations).
(1) A person within subsection (2) commits an offence if—
(a) he intentionally obstructs, or intentionally fails to assist when called upon to do so, a person who is—
(i) a service policeman acting in the course of his duty; or
(ii) a person subject to service law lawfully exercising authority on behalf of a provost officer; and
(b) he knows or has reasonable cause to believe that that person is a service policeman or a person exercising authority on behalf of a provost officer.
(2) A person is within this subsection if he is—
(a) a person subject to service law; or
(b) a civilian subject to service discipline.
(3) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.
(1) A person subject to service law (“A”) commits an offence if another person (“B”), in the exercise of a power conferred by or under this Act, orders A into arrest and—
(a) A disobeys the order;
(b) A uses violence against B; or
(c) A’s behaviour towards B is threatening.
(2) A person subject to service law, or a civilian subject to service discipline, commits an offence if—
(a) he uses violence against a person who has a duty to apprehend him, or his behaviour towards such a person is threatening; and
(b) he knows or has reasonable cause to believe that the person has a duty to apprehend him.
(3) For the purposes of this section—
(a) a person’s “behaviour” includes anything said by him;
(b) “threatening” behaviour is not limited to behaviour that threatens violence;
(c) a “duty” to apprehend a person means such a duty arising under service law.
(4) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.
(1) A person subject to service law, or a civilian subject to service discipline, commits an offence if he escapes from lawful custody.
(2) A person subject to service law, or a civilian subject to service discipline, commits an offence if—
(a) he uses violence against a person in whose lawful custody he is, or his behaviour towards such a person is threatening; and
(b) he knows or has reasonable cause to believe that the custody is lawful.
(3) For the purposes of this section—
(a) references to custody are to service custody;
(b) a person’s behaviour includes anything said by him;
(c) “threatening” behaviour is not limited to behaviour that threatens violence.
(4) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.
(1) A person subject to service law commits an offence if—
(a) he knows that a person is committed to his charge, or that it is his duty to guard a person;
(b) he does an act that results in that person’s escape; and
(c) he intends to allow, or is reckless as to whether the act will allow, that person to escape, or he is negligent.
(2) A person subject to service law commits an offence if—
(a) he knows that a person is committed to his charge;
(b) he releases that person without authority to do so; and
(c) he knows or has reasonable cause to believe that he has no such authority.
(3) In this section “act” includes an omission and the reference to the doing of an act is to be construed accordingly.
(4) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed—
(a) in the case of an offence under subsection (1) where the offender intended to allow the person to escape, or an offence under subsection (2) where the offender knew he had no authority to release the person, ten years;
(b) in any other case, two years.
(1) A person subject to service law commits an offence if he does an act that causes the hazarding of any of Her Majesty’s ships and—
(a) he intends to cause damage to or the stranding or loss of the ship, and there is no lawful excuse for his act; or
(b) he is reckless as to whether he causes damage to or the stranding or loss of the ship.
(2) A person subject to service law commits an offence if, negligently, he does an act that causes the hazarding of any of Her Majesty’s ships.
(3) 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) “Her Majesty’s ships” means all ships belonging to or used for the purposes of any of Her Majesty’s forces.
(4) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, and any sentence of imprisonment imposed in respect of the offence—
(a) in the case of an offence under subsection (1), may be for life;
(b) in the case of an offence under subsection (2), must not exceed two years.
(1) A person subject to service law commits an offence if, without lawful excuse, he intentionally—
(a) gives a false air signal; or
(b) alters or interferes with an air signal or any equipment for giving an air signal.
(2) In this section “air signal” means a message, signal or indication given (by any means) for the guidance of aircraft or a particular aircraft.
(3) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, and any sentence of imprisonment imposed in respect of the offence may be for life.
(1) A person subject to service law commits an offence if—
(a) he does an act—
(i) when flying or using an aircraft, or
(ii) in relation to an aircraft or aircraft material,
that causes or is likely to cause loss of life or injury to any person; and
(b) either—
(i) he intends to cause loss of life or injury to any person, and there is no lawful excuse for his act; or
(ii) he is reckless as to whether he causes loss of life or injury to any person.
(2) A person subject to service law commits an offence if, negligently, he does an act—
(a) when flying or using an aircraft, or
(b) in relation to an aircraft or aircraft material,
that causes or is likely to cause loss of life or injury to any person.
(3) In this section—
“act” includes an omission and the reference to the doing of an act is to be read accordingly;
“aircraft material” includes—
parts of and accessories for aircraft (whether or not for the time being in aircraft);
armaments in or for use in aircraft;
any other equipment or instrument in or for use in aircraft;
any equipment for use in connection with the taking-off or landing of aircraft or for detecting the movement of aircraft;
any fuel for the propulsion of aircraft; and
any lubricant for aircraft or for anything within any of paragraphs (a) to (d).
(4) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, and any sentence of imprisonment imposed in respect of the offence—
(a) in the case of an offence under subsection (1), may be for life;
(b) in the case of an offence under subsection (2), must not exceed two years.
(1) A person subject to service law commits an offence if—
(a) he flies an aircraft at a height less than the minimum height, other than—
(i) when taking off or landing; or
(ii) in any other circumstances prescribed by regulations made by the Defence Council; and
(b) he intends to fly, or is reckless as to whether he flies, the aircraft at a height less than the minimum height, or he is negligent.
(2) If a person flies an aircraft in contravention of subsection (1) on the orders of another person who is in command of the aircraft, that other person is for the purposes of this section to be treated as flying the aircraft.
(3) In this section “minimum height” means the height prescribed by regulations made by the Defence Council.
(4) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.
(1) A person subject to service law commits an offence if—
(a) he flies an aircraft so as to annoy or be likely to annoy any person;
(b) he can reasonably avoid flying the aircraft as mentioned in paragraph (a); and
(c) he intends to fly, or is reckless as to whether he flies, the aircraft so as to annoy any person, or he is negligent.
(2) If a person flies an aircraft in contravention of subsection (1) on the orders of another person who is in command of the aircraft, that other person is for the purposes of this section to be treated as flying the aircraft.
(3) A person guilty of an offence under this section is liable to any punishment mentioned in rows 3 to 12 of the Table in section 164.
(1) A person subject to service law commits an offence if he makes or signs a relevant certificate without having ensured its accuracy.
(2) In this section “relevant certificate” means a certificate (including an electronic certificate) relating to—
(a) any matter affecting the seagoing or fighting efficiency of any of Her Majesty’s ships;
(b) any of Her Majesty’s aircraft;
(c) any aircraft material; or
(d) any equipment of a description prescribed by regulations made by the Defence Council.
(3) In subsection (2)—
“Her Majesty’s ships” has the meaning given by section 31;
“Her Majesty’s aircraft” means all aircraft belonging to or used for the purposes of any of Her Majesty’s forces;
“aircraft material” has the meaning given by section 33.
(4) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.
(1) A person subject to service law who, while in command of any of Her Majesty’s ships or aircraft, takes any ship or aircraft as prize commits an offence if he unlawfully fails to ensure that all the ship papers or aircraft papers found on board are sent to a prize court of competent jurisdiction.
(2) A person subject to service law who, while in command of any of Her Majesty’s ships or aircraft, takes any ship, aircraft or goods as prize commits an offence if he unlawfully fails to ensure that—
(a) the ship is brought to a convenient port for adjudication;
(b) the aircraft is brought to a convenient airfield for adjudication; or
(c) the goods are brought to a convenient port or airfield for adjudication.
(3) In this section—
“Her Majesty’s ships” and “Her Majesty’s aircraft” have the meanings given (respectively) by sections 31 and 36;
“prize court” means a prize court within the meaning of the Naval Prize Act 1864 (c. 25);
“ship papers” and “aircraft papers” have the meanings given by section 2 of that Act.
(4) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.
(1) A person subject to service law commits an offence if—
(a) he ill-treats a person who is on board a ship or aircraft when it is taken as prize; or
(b) he unlawfully takes anything in the possession of such a person.
(2) A person subject to service law commits an offence if he unloads, unpacks or otherwise interferes with any goods that are on board a ship or aircraft which has been taken as prize, unless—
(a) the goods have been adjudged by a prize court (within the meaning of the Naval Prize Act 1864 (c. 25)) to be lawful prize; or
(b) the goods are removed for safe keeping or for necessary use by any of Her Majesty’s forces or any force co-operating with them.
(3) A person subject to service law commits an offence if, without lawful excuse, he unloads, unpacks or otherwise interferes with any goods that are on board a ship or aircraft that has been detained in exercise of a belligerent right or under an enactment.
(4) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.
(1) A person subject to service law commits an offence if he attempts to commit an offence to which this subsection applies.
(2) Subsection (1) applies to any service offence except—
(a) an offence committed by virtue of section 41 (aiding and abetting);
(b) an offence under this section or section 42.
(3) A civilian subject to service discipline commits an offence if he attempts to commit an offence to which this subsection applies.
(4) Subsection (3) applies to—
(a) an offence under section 4, 13, 27, 28(2), 29, 107 or 306 of this Act or under section 18 or 20 of the Armed Forces Act 1991 (c. 62); and
(b) an offence under section 40 of inciting another person to commit an offence mentioned in paragraph (a).
(5) For the purposes of this section a person attempts to commit an offence if, with intent to commit the offence, he does an act which is more than merely preparatory to the commission of the offence.
(6) For those purposes, a person may attempt to commit an offence even though the facts are such that the commission of the offence is impossible.
(7) Where—
(a) apart from this subsection a person’s intention would not be regarded as having amounted to an intent to commit an offence, but
(b) if the facts of the case had been as he believed them to be his intention would be so regarded,
then for the purposes of this section he shall be regarded as having had an intent to commit that offence.
(8) Where in proceedings for an offence under this section there is evidence sufficient in law to support a finding that the defendant did an act falling within subsection (5), the question whether his act fell within that subsection is a question of fact.
(9) A person guilty of an offence under this section is liable to the same punishment as he would be liable to if guilty of the offence attempted.
(1) A person subject to service law commits an offence if he incites another person to commit an offence to which this subsection applies.
(2) Subsection (1) applies to any service offence except an offence under section 42.
(3) A civilian subject to service discipline commits an offence if he incites another person to commit an offence mentioned in section 39(4).
(4) A person guilty of an offence under this section is liable to the same punishment as he would be liable to if guilty of the offence incited.
(1) Where a person subject to service law aids, abets, counsels or procures the commission by another person of an offence to which this subsection applies, he commits that offence.
(2) Subsection (1) applies to any service offence except an offence under section 42.
(3) A person who by virtue of subsection (1) commits an offence is liable to be charged, tried (including dealt with at a summary hearing) and punished as a principal offender.
(4) Where a civilian subject to service discipline aids, abets, counsels or procures the commission by another person of an offence mentioned in section 39(4), he commits that offence and is liable to be charged, tried and punished as a principal offender.
(1) A person subject to service law, or a civilian subject to service discipline, commits an offence under this section if he does any act that—
(a) is punishable by the law of England and Wales; or
(b) if done in England or Wales, would be so punishable.
(2) A person may be charged with an offence under this section even if he could on the same facts be charged with a different service offence.
(3) A person guilty of an offence under this section is liable to—
(a) if the corresponding offence under the law of England and Wales is under that law an offence punishable with imprisonment, any punishment mentioned in the Table in section 164;
(b) otherwise, any punishment mentioned in rows 5 to 12 of that Table.
(4) Any sentence of imprisonment or fine imposed in respect of an offence under this section must not exceed—
(a) if the corresponding offence under the law of England and Wales is a summary offence, the maximum term of imprisonment or fine that could be imposed by a magistrates' court on summary conviction;
(b) if that corresponding offence is an indictable offence, the maximum sentence of imprisonment or fine that could be imposed by the Crown Court on conviction on indictment.
(5) In subsection (4) “a summary offence” and “an indictable offence” mean, respectively, a summary offence under the law of England and Wales and an indictable offence under that law.
(6) In this section and sections 45 to 49 “act” includes an omission and references to the doing of an act are to be read accordingly.
(7) In subsections (1) and (8) and sections 45 to 49 “punishable” means punishable with a criminal penalty.
(8) In this Act “the corresponding offence under the law of England and Wales”, in relation to an offence under this section, means—
(a) the act constituting the offence under this section; or
(b) if that act is not punishable by the law of England and Wales, the equivalent act done in England or Wales.
(1) Subsection (2) applies for the purpose of determining whether an attempt is an offence under section 42.
(2) For that purpose section 1(4) of the Criminal Attempts Act 1981 (c. 47) (offences that it is an offence to attempt) has effect as if for the words from “offence which” to “other than” there were substituted “offence under section 42 of the Armed Forces Act 2006 consisting of an act punishable by the law of England and Wales as an indictable offence or an act that, if done in England or Wales, would be so punishable by that law; but “indictable offence” here does not include”.
(3) Section 42(6) applies for the purposes of section 1(4) of the Criminal Attempts Act 1981 as modified by this section.
(1) Where, in proceedings for a section 42 offence of attempt, there is evidence sufficient in law to support a finding that the defendant did an act falling within subsection (1) of section 1 of the Criminal Attempts Act 1981, the question whether his act fell within that subsection is a question of fact.
(2) In this section “a section 42 offence of attempt” means an offence under section 42 consisting of an act that is, or that would be if done in England or Wales, an offence under section 1(1) of the Criminal Attempts Act 1981 (c. 47).
(3) References in subsections (1) and (2) to section 1(1) of the Criminal Attempts Act 1981 are to that provision as it has effect by virtue of section 43 above.
(1) For the purpose of determining whether an agreement that a course of conduct be pursued is an offence under section 42—
(a) sections 1(1) and 2 of the Criminal Law Act 1977 (c. 45) (conspiracy) have effect as if any reference to an offence included a reference to an act that, if done in England or Wales, would be punishable by the law of England and Wales; and
(b) section 1(2) of that Act has effect as if it read—
“(2) Where liability for any offence may be incurred without knowledge on the part of the person committing it of any particular fact or circumstance necessary for the commission of it, a person is nevertheless not guilty by virtue of subsection (1) above of conspiracy to commit—
(a) that offence, or
(b) an act that would amount to that offence if done in England or Wales,
unless he and at least one other party to the agreement intend or know that that fact or circumstance shall or will exist at the time when the conduct constituting the offence, or the act, is to take place.”
(2) Section 42(6) applies for the purposes of section 1(2) of the Criminal Law Act 1977 as substituted by this section.
(1) Subsection (2) applies if a person subject to service law, or a civilian subject to service discipline, incites another person to do any act that if done in England or Wales would be punishable by the law of England and Wales.
(2) Regardless of where the inciter intended the act to be done, the incitement shall be treated for the purposes of section 42(1) as an act that is punishable by the law of England and Wales.
(1) Subsection (2) applies if—
(a) any person (“A”) does an act that is punishable by the law of England and Wales or would be so punishable if done in England or Wales; and
(b) a person subject to service law, or a civilian subject to service discipline, aids, abets, counsels or procures A’s doing of that act.
(2) Regardless of where the act aided, abetted, counselled or procured was done, the aiding, abetting, counselling or procuring shall be treated for the purposes of section 42(1) as an act that is punishable by the law of England and Wales.
(3) For the purpose of determining whether an attempt is an act that falls within subsection (1)(a) above, section 1(4) of the Criminal Attempts Act 1981 (c. 47) has effect with the modification made by section 43.
(1) This section applies where—
(a) an attempt, agreement or incitement, or a person’s aiding, abetting, counselling or procuring, is an offence under section 42 by reason of section 43, 45, 46 or 47; and
(b) the act to which it relates (“the contemplated act”) is not an act that is (or that if done would have been) punishable by the law of England and Wales.
(2) For the following purposes it shall be assumed that the contemplated act amounted to the offence under the law of England and Wales that it would have amounted to if it had been the equivalent act in England or Wales.
(3) Those purposes are—
(a) the purpose of determining what punishment may be imposed for the offence under section 42;
(b) the purpose of determining for the purposes of any of the following provisions of this Act whether the act constituting the offence under section 42, or the equivalent act done in England or Wales, is or would be—
(i) an offence under the law of England and Wales;
(ii) any particular such offence;
(iii) such an offence of any particular description.
(1) If a person subject to service law, or a civilian subject to service discipline, does in or in relation to a military aircraft any act that if done in or in relation to a civil aircraft would amount to a prescribed Air Navigation Order offence, the act shall be treated for the purposes of section 42(1) as punishable by the law of England and Wales.
(2) Where an act is an offence under section 42 by reason of subsection (1) above—
(a) section 42(8)(b) does not apply; and
(b) it shall be assumed for the following purposes that the act amounted to the offence under the law of England and Wales that it would have amounted to if it had been done in or in relation to a civil aircraft.
(3) Those purposes are—
(a) the purpose of determining what punishment may be imposed for the offence under section 42;
(b) the purpose of determining for the purposes of any of the following provisions of this Act whether the act constituting the offence under section 42 is—
(i) an offence under the law of England and Wales;
(ii) any particular such offence;
(iii) such an offence of any particular description.
(4) In this section—
“military aircraft” has the meaning given by section 92 of the Civil Aviation Act 1982 (c. 16);
“civil aircraft” means an aircraft that is registered in the United Kingdom and is not a military aircraft;
“Air Navigation Order offence” means an offence under an Order in Council made under section 60 of the Civil Aviation Act 1982 (whenever made, and whether or not also made under any other enactment);
“prescribed” means prescribed by an order made by the Secretary of State for the purposes of this section.
Armed Forces Act 2006