Change 1 Article Choose an article Title and introductory text 1 Assisting an enemy 2 Misconduct on operations 3 Obstructing operations 4 Looting 5 Failure to escape etc 6 Mutiny 7 Failure to suppress mutiny 8 Desertion 9 Absence without leave 10 Failure to cause apprehension of deserters or absentees 11 Misconduct towards a superior officer 12 Disobedience to lawful commands 13 Contravention of standing orders 14 Using force against a sentry etc 15 Failure to attend for or perform duty etc 16 Malingering 17 Disclosure of information useful to an enemy 18 Making false records etc 19 Conduct prejudicial to good order and discipline 20 Unfitness or misconduct through alcohol or drugs 20A Exceeding alcohol limit for prescribed safety-critical duties 21 Fighting or threatening behaviour etc 22 Ill-treatment of subordinates 23 Disgraceful conduct of a cruel or indecent kind 24 Damage to or loss of public or service property 25 Misapplying or wasting public or service property 26 Sections 24 and 25: “public property” and “service property” 27 Obstructing or failing to assist a service policeman 28 Resistance to arrest etc 29 Offences in relation to service custody 30 Allowing escape, or unlawful release, of prisoners etc 31 Hazarding of ship 32 Giving false air signals etc 33 Dangerous flying etc 34 Low flying 35 Annoyance by flying 36 Inaccurate certification 37 Prize offences by officer in command of ship or aircraft 38 Other prize offences 39 Attempts 40 Encouraging and assisting 41 Aiding, abetting, counselling or procuring 42 Criminal conduct 43 Attempting criminal conduct 44 Trial of section 42 offence of attempt 45 Conspiring to commit criminal conduct 46 Encouraging or assisting criminal conduct 47 Aiding, abetting, counselling or procuring criminal conduct 48 Provision supplementary to sections 43 to 47 49 Air Navigation Order offences 50 Jurisdiction of the Court Martial 51 Jurisdiction of the Service Civilian Court 52 Charges capable of being heard summarily 53 Offences that may be dealt with at a summary hearing 54 Charges which may be heard summarily only with permission or by senior officer 55 Time limit for charging former member of a regular or reserve force 56 Time limit for charging certain members or former members of ex-regular reserve forces 57 Time limit for charging person formerly subject to service law 58 Time limit for charging civilian formerly subject to service discipline 59 Time limit for charging offence under section 107 60 Time limit for charging offence under section 266 61 Sections 55 to 60: exceptions and interpretation 62 Time limit for charging Reserve Forces Act offences 63 Service proceedings barring subsequent service proceedings 64 Service proceedings barring subsequent civilian proceedings 65 Sections 63 and 64: supplementary 66 Civilian proceedings barring subsequent service proceedings 67 Power of arrest for service offence 68 Section 67: supplementary 69 Power of arrest in anticipation of commission of service offence 70 Search by service policeman upon arrest 71 Search by other persons upon arrest 72 Sections 70 and 71: supplementary 73 Seizure and retention after search upon arrest 74 Power to make provision conferring power to search premises at which person arrested 75 Power of service policeman to stop and search persons, vehicles etc 76 Stop and search by persons other than service policemen 77 Sections 75 and 76: definitions 78 Places in which powers under sections 75 and 76 may be exercised 79 Sections 75 and 76: limitation on searching persons or vehicles in certain gardens etc 80 Searches under sections 75 and 76: supplementary 81 Power to make further provision about searches under sections 75 and 76 82 Application of Chapter to ships and aircraft 83 Power of judge advocate to authorise entry and search 84 Section 83: definitions 85 Section 83: power to make supplementary provision 86 Power to make provision as to access to excluded material etc 87 Power of CO to authorise entry and search by service policeman 88 Power of CO to authorise entry and search by other persons 89 Review by judge advocate of certain searches under section 87 or 88 90 Entry for purpose of arrest etc by a service policeman 91 Entry for purpose of arrest etc by other persons 92 Power to make provision conferring powers of entry and search after arrest 93 Power to make provision conferring power of seizure etc 93ZE Powers of seizure equivalent to powers under section 13 of the Terrorism Act 2000 93A Commanding officer's power to require preliminary tests 93AA Section 93A: interpretation 93B Preliminary breath test 93C Preliminary impairment test 93D Preliminary drug test 93E Provision of specimens for analysis 93F Further provision about specimens under section 93E 93G Specimens of blood from persons incapable of consenting 93H Patients in medical establishments 93I Definitions for purposes of Chapter 3A 94 Property in possession of service police or CO 94A Property subject to deprivation order: modification of section 94 95 Saving provision 96 “Service living accommodation”, “premises” and other definitions 97 Power to use reasonable force 98 Limitations on custody without charge 99 Authorisation by commanding officer of custody without charge 100 Review of custody by commanding officer 101 Extension by judge advocate of custody without charge 102 Further provision about applications under section 101 103 Custody without charge: other cases 104 Custody without charge: supplementary 105 Custody after charge 106 Conditions A to D 107 Release from custody after charge 108 Review of custody after charge 109 Custody during proceedings of Court Martial or Service Civilian Court 110 Arrest after charge or during proceedings by order of commanding officer 111 Arrest during proceedings at direction of court 112 Custody proceedings rules 113 CO to ensure service police aware of possibility serious offence committed 114 CO to ensure service police aware of certain circumstances 115 Duty of CO with respect to investigation of service offences 115A Provost Marshal's duty in relation to independence of investigations 116 Referral of case following investigation by service or civilian police 117 Section 116: position where investigation is of multiple offences or offenders 118 Duty of service policeman to notify CO of referral to DSP 119 Circumstances in which CO has power to charge etc 120 Power of CO to charge etc 121 Power of DSP to charge or direct bringing of charge etc 122 Charges brought by or at direction of DSP 123 Powers of CO after charge 124 CO to hear charge allocated for summary hearing 125 Powers of DSP in respect of charge allocated for Court Martial trial 126 Powers of DSP in respect of charge allocated for SCC trial 127 Directions by DSP barring further proceedings 128 Regulations for purposes of Part 5 129 Right to elect Court Martial trial 130 Further consequences of election for Court Martial trial 130A Restrictions on DSP's powers to substitute or add charges after election 131 Summary hearing 132 Punishments available to commanding officer 133 Detention: limits on powers 134 Forfeiture of seniority: requirement for approval 135 Reduction in rank: limits on powers 135A Extended powers: time for obtaining 136 Fine: maximum amount 137 Service compensation orders: maximum amount 138 Prohibited combinations of punishments 139 Savings for maximum penalties for offences 140 The Summary Appeal Court 141 Right of appeal 142 Constitution of the SAC for appeals 143 Officers and warrant officers qualified for membership of the SAC 144 Officers and warrant officers ineligible for membership in particular circumstances 145 Open court 146 Hearing of appeals 147 Powers of the SAC 148 Effect of substituted punishment 149 Making of, and appeals from, decisions of the SAC 150 Privileges of witnesses and others 151 SAC rules 152 Review of summary findings and punishments 153 Summary hearings etc rules 154 The Court Martial 155 Constitution of the Court Martial 156 Officers etc qualified for membership of the Court Martial 157 Officers etc ineligible for membership in particular circumstances 158 Open court 159 Rulings and directions 160 Decisions of Court Martial: finding and sentence 161 Power of Court Martial to convict of offence other than that charged 162 Privileges of witnesses and others 163 Court Martial rules 163A Offences 164 Punishments available to Court Martial 165 Sentencing powers of Court Martial where election for trial by that court instead of CO 166 Fitness to stand trial 167 Finding that defendant did the act or made the omission charged 168 Findings of insanity 169 Powers where person unfit to stand trial or not guilty by reason of insanity 170 Service supervision orders 171 Remission for trial 172 Provision supplementary to sections 166 and 168 173 Service supervision and punishment orders 174 Review of service supervision and punishment orders 175 Service compensation orders 176 Service compensation orders: appeals etc 177 Review of service compensation orders 177A Effect of service compensation order on subsequent award of damages in civil proceedings 177B Deprivation orders: interpretation 177C Deprivation order: availability 177D Vehicle to be treated as used for purposes of certain offences 177DA Purported intimate images to be treated as used for purpose of certain offences 177E Exercise of power to make deprivation order 177F Application of proceeds of property subject to deprivation order 177G Driving disqualification orders 177H Driving disqualification: availability 177I Disqualification period 177J Extension of disqualification where custodial sentence or service detention also imposed 177K Effect of custodial sentence or service detention in other cases 177L Requirement to produce licences where driving disqualification order made 177M Driving disqualification: power to make equivalent provision to Road Traffic Offenders Act 1988 178 Service community orders 179 Review of service community order imposing drug rehabilitation requirement 180 Transfer of service community order to Scotland or Northern Ireland 181 Breach, revocation or amendment of service community order 182 Overseas community orders 183 Overseas community orders: modifications of the Sentencing Code 184 Breach, revocation or amendment of overseas community order 185 Conditional or absolute discharge 186 Commission of further offence by person conditionally discharged 187 Effect of discharge 188 Consecutive custodial sentences 189 Consecutive sentences of service detention 190 Suspension of sentence of service detention 191 Activation by Court Martial of suspended sentence of service detention 192 Activation by Court Martial: appeals 193 Activation by CO of suspended sentence of service detention 194 Activation by CO: maximum term 194A Extended powers of activation: time for obtaining 195 Suspended sentences: powers of SAC 196 Term of sentence etc 197 Imprisonment with or without a custody plus order 198 Transfer to Scotland or Northern Ireland of custody plus order 199 Revocation and amendment of custody plus orders 200 Suspended sentence orders 200ZA Modifications of sections 264 and 277 of the Sentencing Code 200ZB Modifications of sections 264A and 277A of the Sentencing Code 200A Modifications of section 286 of the Sentencing Code 201 Order without community requirements: provisions not applying 202 Order with community requirements: disapplication of certain provisions 203 Review of order with community requirements 204 Transfer to Scotland or Northern Ireland of order with community requirements 205 Amendment of order with community requirements 206 Suspended sentence: further conviction or breach of community requirement 207 Definitions for purposes of Chapter 208 Prohibition on imposing imprisonment on persons under 21 209 Offenders under 18 convicted of certain serious offences: detention for specified period 210 Detention under section 209: place of detention etc 210A Offenders under 21: offences other than murder; discretionary custody for life 210B Offenders under 21: power to impose detention in a young offender institution 211 Offenders under 18: detention and training orders 212 Term of detention and training order: general 213 Application of provisions relating to civilian detention and training orders 213A Period in service custody: effect on term of detention and training order 213B Period of custody awaiting extradition: effect on term of detention and training order 214 Offences during currency of detention and training order 215 Section 214: definitions etc 216 Appeals against orders under section 214 217 Mandatory life imprisonment 218 Offenders who commit murder etc when under 18: mandatory detention at Her Majesty's pleasure 218A Life sentence for second listed offence 219 Life sentence for certain dangerous offenders aged 18 or over 219A Extended sentence for certain violent , sexual or terrorism offenders aged 18 or over 220 Certain violent or sexual offences: offenders aged 18 or over 221 Life sentence for certain dangerous offenders aged under 18 221A Extended sentence for certain violent , sexual or terrorism offenders aged under 18 222 Offenders aged under 18: certain violent or sexual offences 223 “The required opinion” for purposes of sections 219 to 221A 224 Place of detention for extended sentences for offenders aged under 18 224A Special custodial sentence for certain offenders of particular concern 225 Third drug trafficking offence 226 Third domestic burglary 227 Firearms offences 227A Offences of threatening with a weapon in public or on school premises 228 Appeals where previous convictions set aside 229 Service restraining orders 230 Service restraining orders: supplementary 231 Service restraining orders: appeals 232 Service restraining orders: variation and revocation 232A Service sexual offences prevention orders 232B Service SOPOs: appeals 232C Service SOPOs etc: variation and revocation 232D Variation or revocation: appeals 232E Extended prohibitions orders 232F Extended prohibitions orders: appeals 232G Offence: breach of order under section 232A or 232E 233 Order for service parent or service guardian to enter into recognizance 234 Recognizances and fines under section 233: further provision 235 Recognizances: appeals, variation and revocation 236 Forfeiture of recognizance 236A Disqualification orders 236B Effect of disqualification order 237 Duty to have regard to purposes of sentencing etc 238 Deciding the seriousness of an offence 239 Reduction in sentences for guilty pleas 240 Increase in sentence for racial or religious aggravation 241 Increase in sentence for aggravation related to disability , sexual orientation or transgender identity 242 Service detention: general restriction 243 Length of term of service detention: general provision 244 Limit on combined term of sentences of service detention 245 Section 244: supplementary 246 Crediting of time in service custody: terms of imprisonment and detention 247 Crediting of time in service custody: supplementary 248 Forfeiture of seniority and reduction in rank or disrating: general restriction 249 Fixing of fines 250 Determination of service compensation order 251 Power to allow payment of fine or service compensation order by instalments 252 Duty to give reasons and explain sentence 253 Duties in complying with section 252 253A Finding of domestic abuse 254 Savings for powers to mitigate sentence etc 255 Individual sentence for each offence 256 Pre-sentence reports 257 Pre-sentence reports: supplementary 258 Mentally disordered offenders: requirement for medical report 259 Sentencing guidelines 260 Discretionary custodial sentences: general restrictions 261 Length of discretionary custodial sentences: general provision 261A Life sentences: further provision 262 Power to recommend licence conditions 262A Conversion of sentence of detention to sentence of imprisonment 263 Restriction on imposing custodial sentence or service detention on unrepresented offender 264 Effect of duties to pass custodial sentences on other powers of punishment 265 Dismissal: general restrictions 266 Financial statement orders 267 Power of court to remit fine 268 Order for service parent or service guardian to pay fine or compensation 269 Fixing of fine or compensation to be paid by parent or guardian 269A Fines: fixing of term of imprisonment for default 269B Service compensation orders: power to set maximum term of imprisonment for default 269C Orders under section 269A or 269B against service parents or service guardians: appeals 270 Community punishments: general restrictions etc 270A Exception to restrictions on community punishments 271 Civilian courts dealing with service offences 272 Appeals to the Court Martial Appeal Court 273 Review of unduly lenient sentence by Court Martial Appeal Court 274 Reference of point of law to Supreme Court 275 Power to make supplementary provision about review of sentence 276 Compensation for miscarriages of justice 276A Miscarriages of justice: amount of compensation 276B Cases where person has been detained for at least 10 years 277 The Service Civilian Court 278 Constitution and proceedings of the Service Civilian Court 279 Court must consider whether trial by Court Martial more appropriate 280 Right to elect trial by Court Martial instead of by SCC 281 Power of SCC to convict of offence other than that charged 282 Punishments available to Service Civilian Court 283 Imprisonment: maximum term 284 Fines and compensation orders: maximum amounts 285 Right of appeal from SCC 286 Hearing of appeals from SCC 287 Findings made and sentences passed by Court Martial on appeal from SCC 288 SCC rules 289 Commencement of sentences of the Court Martial and Service Civilian Court 290 Commencement of term of service detention awarded by CO 291 Commencement of consecutive term of service detention awarded by CO 292 Commencement of suspended sentence activated by CO 293 Effect on rank or rate of WOs and NCOs of custodial sentence or sentence of service detention 294 Rank or rate of WOs and NCOs while in custody pursuant to custodial sentence etc 295 Effect of sentence of dismissal 296 Service detention 297 Detention in service custody following passing of custodial sentence etc 298 Removal to England and Wales following passing of custodial sentence etc 299 Duty to receive prisoners 300 Service custody etc rules 301 Duration of sentences: persons unlawfully at large or on temporary release 302 Remission of certain sentences on passing of custodial sentence etc 303 Power of service policeman to arrest person unlawfully at large 304 Sentences passed by civilian courts 304A Immunity from prosecution 304B Undertakings as to use of evidence 304C Reduction in sentence 304D Review of sentence following offer of assistance 304E Review of sentence following failure to assist 304F Sections 304C to 304E: statements in open court 304G Sections 304D and 304E: exclusion of public from review proceedings 304H Meaning of “sentence” 305 Random drug testing 306 Testing for alcohol and drugs after serious incident 307 Definitions etc for purposes of section 306 308 Section 305: supplementary 309 Offences of misbehaviour in court etc 310 Power to detain before dealing with section 309 offence 311 Certification to civil courts 312 Decisions of court under section 309: making and effect 313 Arrest by civilian police under warrant of judge advocate 314 Arrest by civilian police of deserters and absentees without leave 315 Deserters and absentees without leave surrendering to civilian police 316 Proceedings before civilian court where person suspected of illegal absence 317 Warrant for the arrest of persons released under section 315(4)(c) or 316(3)(a)(ii) 318 Arrest by civilian police of persons unlawfully at large 319 Certificates in connection with transfer to service custody etc 320 Power to use reasonable force 320A Guidance on exercise of criminal jurisdiction: England or Wales 320B Guidance on exercise of criminal jurisdiction: Scotland 320C Guidance on exercise of criminal jurisdiction: Northern Ireland 321 Powers of the Criminal Cases Review Commission 321A Inspection of service police investigations 321B Inspectors' reports to be laid before Parliament 322 Financial penalty enforcement orders 323 Power to make provision in consequence of criminal justice enactments 324 Section 323: definitions 325 Evidential burden as respects excuses 326 Exclusion of enactments requiring consent of Attorney General or DPP 327 Local probation boards 328 Enlistment 329 Terms and conditions of enlistment and service 330 Desertion and absence without leave: forfeiture of service etc 331 Discharge etc from the regular forces and transfer to the reserve forces 332 Administrative reduction in rank or rate 333 Pay, bounty and allowances 334 Redress of individual grievances: service complaints 335 Service complaints: role of Defence Council and service complaint panels 336 Composition and procedure of service complaint panels 336A Requirement to delegate to service complaint panel 337 Reference of individual grievance to Her Majesty 338 Referral by Service Complaints Commissioner of certain allegations 339 Reports by Commissioner on system for dealing with service complaints etc 340 Restriction on aliens in regular forces etc 340A Who can make a service complaint? 340B Procedure for making a complaint and determining admissibility 340C Decisions on service complaints 340D Appeals 340E Further provision about persons and panels deciding service complaints etc 340F Investigation of complaints and delegation of Defence Council functions 340G Service complaints: other time limits 340H Commissioner investigations of service complaints 340I Procedure on Commissioner investigations of service complaints 340IA Commissioner investigations of general service welfare matters 340IB Power of entry to service premises 340J Power to require information, documents and evidence 340K Obstruction and contempt 340L Report and recommendations : service complaints investigations 340LA Report and recommendations: general service welfare investigations 340M Action following receipt of report under section 340L 340N Referral of certain allegations 340O Annual report of Armed Forces Commissioner 340P Complaints, misconduct etc 340Q Investigation of concerns raised by whistle-blowers 340R Power to make super-complaints 341 Forfeitures and deductions: general provisions 342 Permitted forfeitures and deductions 343 Service inquiries 343A Armed forces covenant report 343AA Due regard to principles: England 343AB Due regard to principles: Wales 343AC Due regard to principles: Scotland 343AD Due regard to principles: Northern Ireland 343AE Sections 343AA to 343AD: guidance 343AF Sections 343AA to 343AD: power to add bodies and functions 343B Interpretation of Part 344 Aiding or abetting etc desertion or absence without leave 345 Aiding or abetting etc malingering 346 Obstructing persons subject to service law in course of duty 347 Sections 344 to 346: supplementary provisions 348 British overseas territories: references to maximum penalties 349 Exemption from tolls and charges 350 Exemption of property used for service purposes from execution 351 Detention etc of persons in overseas service hospitals 352 Power to take affidavits and declarations 353 Protection of children of service families 354 Extension of powers of command dependent on rank or rate 355 Service of process 356 Avoidance of assignment of or charge on pay and pensions etc 357 Power of British overseas territory to apply Act, etc 358 Amendments relating to reserve forces 359 Pardons for servicemen executed for disciplinary offences: recognition as victims of First World War 360 Meaning of “commanding officer” 361 Meaning of “higher authority” 362 Judge advocates 363 Court administration officer 364 Director of Service Prosecutions 365 Prosecuting officers 365AA Armed Forces Commissioner 365A Provost Marshals: appointment 365B Service Complaints Ombudsman 365BA Service Police Complaints Commissioner 365BB Investigating officers 366 Service Complaints Commissioner 367 Persons subject to service law: regular and reserve forces 368 References to members of the regular forces 369 Members of British overseas territories' forces serving with UK forces 370 Civilians subject to service discipline 371 Naval chaplains 371A Power to make provision in relation to protected prisoners of war 372 Evidence in proceedings before civilian courts 373 Orders, regulations and rules 374 Definitions applying for purposes of whole Act 375 Definitions relating to the service police and other police forces 376 “Conviction”, “sentence” etc in relation to summary hearings and the SAC 377 Further interpretive provisions 378 Minor and consequential amendments and repeals 379 Power to make further amendments and repeals 380 Power to make transitional and transitory provision 381 Alignment of SDAs etc with this Act 382 Duration of this Act 383 Commencement 384 Extent to Channel Islands, Isle of Man and British overseas territories 385 Extent of applied enactments 386 Short title SCHEDULE 1 Criminal conduct offences that may be dealt with at a summary hearing SCHEDULE 2 “Schedule 2 offences” SCHEDULE 2A Offences relating to members of the Court Martial SCHEDULE 3 Civilians etc: modifications of Court Martial sentencing powers SCHEDULE 3A Court Martial sentencing powers where election for trial by that court instead of CO SCHEDULE 4 Unfitness and insanity: modifications of Mental Health Act 1983 SCHEDULE 6 Overseas community orders: young offenders SCHEDULE 6A Breach, revocation and amendment of overseas community orders SCHEDULE 7 Suspended sentence orders: breach or amendment; effect of further conviction SCHEDULE 8 Amendment of the Courts-Martial (Appeals) Act 1968 SCHEDULE 9 Assessors of compensation for miscarriages of justice SCHEDULE 10 Proceedings of the Service Civilian Court SCHEDULE 11 Powers of the Criminal Cases Review Commission SCHEDULE 12 Detention etc of persons in overseas service hospitals SCHEDULE 13 Protection of children of service families SCHEDULE 14 Amendments relating to reserve forces SCHEDULE 14ZA The Armed Forces Commissioner Schedule 14A The Service Police Complaints Commissioner SCHEDULE 15 Civilians subject to service discipline SCHEDULE 16 Minor and consequential amendments SCHEDULE 17 Repeals and Revocations
What to do with it
As published
40 Encouraging and assisting
(1) A person subject to service law commits an offence if he encourages or assists the commission of a service offence (other than an offence under section 42).
(2) A civilian subject to service discipline commits an offence if he encourages or assists the commission of an offence mentioned in section 39(4).
(3) Reference in this section to encouraging or assisting the commission of an offence is to the doing of an act that would have constituted an offence under Part 2 of the Serious Crime Act 2007 if the offence encouraged or assisted had been an offence under the law of England and Wales.
(4) In determining whether an act would have constituted an offence under that Part, section 49(4) of that Act has effect as if for “offences under this Part and listed offences” it read “offences under sections 39 and 40 of the Armed Forces Act 2006”.
(5) Any requirement in that Part to specify matters in an indictment applies for the purposes of this section as it applies for the purposes of that Part, but with references to the indictment being read as references to the charge sheet.
(6) A person guilty of an offence under this section is liable to the same punishment as he would be liable to if guilty of—
(a) the service offence encouraged or assisted; or
(b) if convicted of the offence under this section by reference to more than one such service offence, any one of those service offences.
Your wording
Your change, as a redline
40 Encouraging and assisting
(1) A person subject to service law commits an offence if he encourages or assists the commission of a service offence (other than an offence under section 42).
(2) A civilian subject to service discipline commits an offence if he encourages or assists the commission of an offence mentioned in section 39(4).
(3) Reference in this section to encouraging or assisting the commission of an offence is to the doing of an act that would have constituted an offence under Part 2 of the Serious Crime Act 2007 if the offence encouraged or assisted had been an offence under the law of England and Wales.
(4) In determining whether an act would have constituted an offence under that Part, section 49(4) of that Act has effect as if for “offences under this Part and listed offences” it read “offences under sections 39 and 40 of the Armed Forces Act 2006”.
(5) Any requirement in that Part to specify matters in an indictment applies for the purposes of this section as it applies for the purposes of that Part, but with references to the indictment being read as references to the charge sheet.
(6) A person guilty of an offence under this section is liable to the same punishment as he would be liable to if guilty of—
(a) the service offence encouraged or assisted; or
(b) if convicted of the offence under this section by reference to more than one such service offence, any one of those service offences.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.