Law

Armed Forces Act 2006

United Kingdom · statute

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In force since 2026-10-05, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 519 provisions
  1. Title and introductory text
  2. 1 Assisting an enemy
  3. 2 Misconduct on operations
  4. 3 Obstructing operations
  5. 4 Looting
  6. 5 Failure to escape etc
  7. 6 Mutiny
  8. 7 Failure to suppress mutiny
  9. 8 Desertion
  10. 9 Absence without leave
  11. 10 Failure to cause apprehension of deserters or absentees
  12. 11 Misconduct towards a superior officer
  13. 12 Disobedience to lawful commands
  14. 13 Contravention of standing orders
  15. 14 Using force against a sentry etc
  16. 15 Failure to attend for or perform duty etc
  17. 16 Malingering
  18. 17 Disclosure of information useful to an enemy
  19. 18 Making false records etc
  20. 19 Conduct prejudicial to good order and discipline
  21. 20 Unfitness or misconduct through alcohol or drugs
  22. 20A Exceeding alcohol limit for prescribed safety-critical duties
  23. 21 Fighting or threatening behaviour etc
  24. 22 Ill-treatment of subordinates
  25. 23 Disgraceful conduct of a cruel or indecent kind
  26. 24 Damage to or loss of public or service property
  27. 25 Misapplying or wasting public or service property
  28. 26 Sections 24 and 25: “public property” and “service property”
  29. 27 Obstructing or failing to assist a service policeman
  30. 28 Resistance to arrest etc
  31. 29 Offences in relation to service custody
  32. 30 Allowing escape, or unlawful release, of prisoners etc
  33. 31 Hazarding of ship
  34. 32 Giving false air signals etc
  35. 33 Dangerous flying etc
  36. 34 Low flying
  37. 35 Annoyance by flying
  38. 36 Inaccurate certification
  39. 37 Prize offences by officer in command of ship or aircraft
  40. 38 Other prize offences
  41. 39 Attempts
  42. 40 Encouraging and assisting
  43. 41 Aiding, abetting, counselling or procuring
  44. 42 Criminal conduct
  45. 43 Attempting criminal conduct
  46. 44 Trial of section 42 offence of attempt
  47. 45 Conspiring to commit criminal conduct
  48. 46 Encouraging or assisting criminal conduct
  49. 47 Aiding, abetting, counselling or procuring criminal conduct
  50. 48 Provision supplementary to sections 43 to 47
  51. 49 Air Navigation Order offences
  52. 50 Jurisdiction of the Court Martial
  53. 51 Jurisdiction of the Service Civilian Court
  54. 52 Charges capable of being heard summarily
  55. 53 Offences that may be dealt with at a summary hearing
  56. 54 Charges which may be heard summarily only with permission or by senior officer
  57. 55 Time limit for charging former member of a regular or reserve force
  58. 56 Time limit for charging certain members or former members of ex-regular reserve forces
  59. 57 Time limit for charging person formerly subject to service law
  60. 58 Time limit for charging civilian formerly subject to service discipline
  61. 59 Time limit for charging offence under section 107
  62. 60 Time limit for charging offence under section 266
  63. 61 Sections 55 to 60: exceptions and interpretation
  64. 62 Time limit for charging Reserve Forces Act offences
  65. 63 Service proceedings barring subsequent service proceedings
  66. 64 Service proceedings barring subsequent civilian proceedings
  67. 65 Sections 63 and 64: supplementary
  68. 66 Civilian proceedings barring subsequent service proceedings
  69. 67 Power of arrest for service offence
  70. 68 Section 67: supplementary
  71. 69 Power of arrest in anticipation of commission of service offence
  72. 70 Search by service policeman upon arrest
  73. 71 Search by other persons upon arrest
  74. 72 Sections 70 and 71: supplementary
  75. 73 Seizure and retention after search upon arrest
  76. 74 Power to make provision conferring power to search premises at which person arrested
  77. 75 Power of service policeman to stop and search persons, vehicles etc
  78. 76 Stop and search by persons other than service policemen
  79. 77 Sections 75 and 76: definitions
  80. 78 Places in which powers under sections 75 and 76 may be exercised
  81. 79 Sections 75 and 76: limitation on searching persons or vehicles in certain gardens etc
  82. 80 Searches under sections 75 and 76: supplementary
  83. 81 Power to make further provision about searches under sections 75 and 76
  84. 82 Application of Chapter to ships and aircraft
  85. 83 Power of judge advocate to authorise entry and search
  86. 84 Section 83: definitions
  87. 85 Section 83: power to make supplementary provision
  88. 86 Power to make provision as to access to excluded material etc
  89. 87 Power of CO to authorise entry and search by service policeman
  90. 88 Power of CO to authorise entry and search by other persons
  91. 89 Review by judge advocate of certain searches under section 87 or 88
  92. 90 Entry for purpose of arrest etc by a service policeman
  93. 91 Entry for purpose of arrest etc by other persons
  94. 92 Power to make provision conferring powers of entry and search after arrest
  95. 93 Power to make provision conferring power of seizure etc
  96. 93ZE Powers of seizure equivalent to powers under section 13 of the Terrorism Act 2000
  97. 93A Commanding officer's power to require preliminary tests
  98. 93AA Section 93A: interpretation
  99. 93B Preliminary breath test
  100. 93C Preliminary impairment test
  101. 93D Preliminary drug test
  102. 93E Provision of specimens for analysis
  103. 93F Further provision about specimens under section 93E
  104. 93G Specimens of blood from persons incapable of consenting
  105. 93H Patients in medical establishments
  106. 93I Definitions for purposes of Chapter 3A
  107. 94 Property in possession of service police or CO
  108. 94A Property subject to deprivation order: modification of section 94
  109. 95 Saving provision
  110. 96 “Service living accommodation”, “premises” and other definitions
  111. 97 Power to use reasonable force
  112. 98 Limitations on custody without charge
  113. 99 Authorisation by commanding officer of custody without charge
  114. 100 Review of custody by commanding officer
  115. 101 Extension by judge advocate of custody without charge
  116. 102 Further provision about applications under section 101
  117. 103 Custody without charge: other cases
  118. 104 Custody without charge: supplementary
  119. 105 Custody after charge
  120. 106 Conditions A to D
  121. 107 Release from custody after charge
  122. 108 Review of custody after charge
  123. 109 Custody during proceedings of Court Martial or Service Civilian Court
  124. 110 Arrest after charge or during proceedings by order of commanding officer
  125. 111 Arrest during proceedings at direction of court
  126. 112 Custody proceedings rules
  127. 113 CO to ensure service police aware of possibility serious offence committed
  128. 114 CO to ensure service police aware of certain circumstances
  129. 115 Duty of CO with respect to investigation of service offences
  130. 115A Provost Marshal's duty in relation to independence of investigations
  131. 116 Referral of case following investigation by service or civilian police
  132. 117 Section 116: position where investigation is of multiple offences or offenders
  133. 118 Duty of service policeman to notify CO of referral to DSP
  134. 119 Circumstances in which CO has power to charge etc
  135. 120 Power of CO to charge etc
  136. 121 Power of DSP to charge or direct bringing of charge etc
  137. 122 Charges brought by or at direction of DSP
  138. 123 Powers of CO after charge
  139. 124 CO to hear charge allocated for summary hearing
  140. 125 Powers of DSP in respect of charge allocated for Court Martial trial
  141. 126 Powers of DSP in respect of charge allocated for SCC trial
  142. 127 Directions by DSP barring further proceedings
  143. 128 Regulations for purposes of Part 5
  144. 129 Right to elect Court Martial trial
  145. 130 Further consequences of election for Court Martial trial
  146. 130A Restrictions on DSP's powers to substitute or add charges after election
  147. 131 Summary hearing
  148. 132 Punishments available to commanding officer
  149. 133 Detention: limits on powers
  150. 134 Forfeiture of seniority: requirement for approval
  151. 135 Reduction in rank: limits on powers
  152. 135A Extended powers: time for obtaining
  153. 136 Fine: maximum amount
  154. 137 Service compensation orders: maximum amount
  155. 138 Prohibited combinations of punishments
  156. 139 Savings for maximum penalties for offences
  157. 140 The Summary Appeal Court
  158. 141 Right of appeal
  159. 142 Constitution of the SAC for appeals
  160. 143 Officers and warrant officers qualified for membership of the SAC
  161. 144 Officers and warrant officers ineligible for membership in particular circumstances
  162. 145 Open court
  163. 146 Hearing of appeals
  164. 147 Powers of the SAC
  165. 148 Effect of substituted punishment
  166. 149 Making of, and appeals from, decisions of the SAC
  167. 150 Privileges of witnesses and others
  168. 151 SAC rules
  169. 152 Review of summary findings and punishments
  170. 153 Summary hearings etc rules
  171. 154 The Court Martial
  172. 155 Constitution of the Court Martial
  173. 156 Officers etc qualified for membership of the Court Martial
  174. 157 Officers etc ineligible for membership in particular circumstances
  175. 158 Open court
  176. 159 Rulings and directions
  177. 160 Decisions of Court Martial: finding and sentence
  178. 161 Power of Court Martial to convict of offence other than that charged
  179. 162 Privileges of witnesses and others
  180. 163 Court Martial rules
  181. 163A Offences
  182. 164 Punishments available to Court Martial
  183. 165 Sentencing powers of Court Martial where election for trial by that court instead of CO
  184. 166 Fitness to stand trial
  185. 167 Finding that defendant did the act or made the omission charged
  186. 168 Findings of insanity
  187. 169 Powers where person unfit to stand trial or not guilty by reason of insanity
  188. 170 Service supervision orders
  189. 171 Remission for trial
  190. 172 Provision supplementary to sections 166 and 168
  191. 173 Service supervision and punishment orders
  192. 174 Review of service supervision and punishment orders
  193. 175 Service compensation orders
  194. 176 Service compensation orders: appeals etc
  195. 177 Review of service compensation orders
  196. 177A Effect of service compensation order on subsequent award of damages in civil proceedings
  197. 177B Deprivation orders: interpretation
  198. 177C Deprivation order: availability
  199. 177D Vehicle to be treated as used for purposes of certain offences
  200. 177DA Purported intimate images to be treated as used for purpose of certain offences
  201. 177E Exercise of power to make deprivation order
  202. 177F Application of proceeds of property subject to deprivation order
  203. 177G Driving disqualification orders
  204. 177H Driving disqualification: availability
  205. 177I Disqualification period
  206. 177J Extension of disqualification where custodial sentence or service detention also imposed
  207. 177K Effect of custodial sentence or service detention in other cases
  208. 177L Requirement to produce licences where driving disqualification order made
  209. 177M Driving disqualification: power to make equivalent provision to Road Traffic Offenders Act 1988
  210. 178 Service community orders
  211. 179 Review of service community order imposing drug rehabilitation requirement
  212. 180 Transfer of service community order to Scotland or Northern Ireland
  213. 181 Breach, revocation or amendment of service community order
  214. 182 Overseas community orders
  215. 183 Overseas community orders: modifications of the Sentencing Code
  216. 184 Breach, revocation or amendment of overseas community order
  217. 185 Conditional or absolute discharge
  218. 186 Commission of further offence by person conditionally discharged
  219. 187 Effect of discharge
  220. 188 Consecutive custodial sentences
  221. 189 Consecutive sentences of service detention
  222. 190 Suspension of sentence of service detention
  223. 191 Activation by Court Martial of suspended sentence of service detention
  224. 192 Activation by Court Martial: appeals
  225. 193 Activation by CO of suspended sentence of service detention
  226. 194 Activation by CO: maximum term
  227. 194A Extended powers of activation: time for obtaining
  228. 195 Suspended sentences: powers of SAC
  229. 196 Term of sentence etc
  230. 197 Imprisonment with or without a custody plus order
  231. 198 Transfer to Scotland or Northern Ireland of custody plus order
  232. 199 Revocation and amendment of custody plus orders
  233. 200 Suspended sentence orders
  234. 200ZA Modifications of sections 264 and 277 of the Sentencing Code
  235. 200ZB Modifications of sections 264A and 277A of the Sentencing Code
  236. 200A Modifications of section 286 of the Sentencing Code
  237. 201 Order without community requirements: provisions not applying
  238. 202 Order with community requirements: disapplication of certain provisions
  239. 203 Review of order with community requirements
  240. 204 Transfer to Scotland or Northern Ireland of order with community requirements
  241. 205 Amendment of order with community requirements
  242. 206 Suspended sentence: further conviction or breach of community requirement
  243. 207 Definitions for purposes of Chapter
  244. 208 Prohibition on imposing imprisonment on persons under 21
  245. 209 Offenders under 18 convicted of certain serious offences: detention for specified period
  246. 210 Detention under section 209: place of detention etc
  247. 210A Offenders under 21: offences other than murder; discretionary custody for life
  248. 210B Offenders under 21: power to impose detention in a young offender institution
  249. 211 Offenders under 18: detention and training orders
  250. 212 Term of detention and training order: general
  251. 213 Application of provisions relating to civilian detention and training orders
  252. 213A Period in service custody: effect on term of detention and training order
  253. 213B Period of custody awaiting extradition: effect on term of detention and training order
  254. 214 Offences during currency of detention and training order
  255. 215 Section 214: definitions etc
  256. 216 Appeals against orders under section 214
  257. 217 Mandatory life imprisonment
  258. 218 Offenders who commit murder etc when under 18: mandatory detention at Her Majesty's pleasure
  259. 218A Life sentence for second listed offence
  260. 219 Life sentence for certain dangerous offenders aged 18 or over
  261. 219A Extended sentence for certain violent , sexual or terrorism offenders aged 18 or over
  262. 220 Certain violent or sexual offences: offenders aged 18 or over
  263. 221 Life sentence for certain dangerous offenders aged under 18
  264. 221A Extended sentence for certain violent , sexual or terrorism offenders aged under 18
  265. 222 Offenders aged under 18: certain violent or sexual offences
  266. 223 “The required opinion” for purposes of sections 219 to 221A
  267. 224 Place of detention for extended sentences for offenders aged under 18
  268. 224A Special custodial sentence for certain offenders of particular concern
  269. 225 Third drug trafficking offence
  270. 226 Third domestic burglary
  271. 227 Firearms offences
  272. 227A Offences of threatening with a weapon in public or on school premises
  273. 228 Appeals where previous convictions set aside
  274. 229 Service restraining orders
  275. 230 Service restraining orders: supplementary
  276. 231 Service restraining orders: appeals
  277. 232 Service restraining orders: variation and revocation
  278. 232A Service sexual offences prevention orders
  279. 232B Service SOPOs: appeals
  280. 232C Service SOPOs etc: variation and revocation
  281. 232D Variation or revocation: appeals
  282. 232E Extended prohibitions orders
  283. 232F Extended prohibitions orders: appeals
  284. 232G Offence: breach of order under section 232A or 232E
  285. 233 Order for service parent or service guardian to enter into recognizance
  286. 234 Recognizances and fines under section 233: further provision
  287. 235 Recognizances: appeals, variation and revocation
  288. 236 Forfeiture of recognizance
  289. 236A Disqualification orders
  290. 236B Effect of disqualification order
  291. 237 Duty to have regard to purposes of sentencing etc
  292. 238 Deciding the seriousness of an offence
  293. 239 Reduction in sentences for guilty pleas
  294. 240 Increase in sentence for racial or religious aggravation
  295. 241 Increase in sentence for aggravation related to disability , sexual orientation or transgender identity
  296. 242 Service detention: general restriction
  297. 243 Length of term of service detention: general provision
  298. 244 Limit on combined term of sentences of service detention
  299. 245 Section 244: supplementary
  300. 246 Crediting of time in service custody: terms of imprisonment and detention
  301. 247 Crediting of time in service custody: supplementary
  302. 248 Forfeiture of seniority and reduction in rank or disrating: general restriction
  303. 249 Fixing of fines
  304. 250 Determination of service compensation order
  305. 251 Power to allow payment of fine or service compensation order by instalments
  306. 252 Duty to give reasons and explain sentence
  307. 253 Duties in complying with section 252
  308. 253A Finding of domestic abuse
  309. 254 Savings for powers to mitigate sentence etc
  310. 255 Individual sentence for each offence
  311. 256 Pre-sentence reports
  312. 257 Pre-sentence reports: supplementary
  313. 258 Mentally disordered offenders: requirement for medical report
  314. 259 Sentencing guidelines
  315. 260 Discretionary custodial sentences: general restrictions
  316. 261 Length of discretionary custodial sentences: general provision
  317. 261A Life sentences: further provision
  318. 262 Power to recommend licence conditions
  319. 262A Conversion of sentence of detention to sentence of imprisonment
  320. 263 Restriction on imposing custodial sentence or service detention on unrepresented offender
  321. 264 Effect of duties to pass custodial sentences on other powers of punishment
  322. 265 Dismissal: general restrictions
  323. 266 Financial statement orders
  324. 267 Power of court to remit fine
  325. 268 Order for service parent or service guardian to pay fine or compensation
  326. 269 Fixing of fine or compensation to be paid by parent or guardian
  327. 269A Fines: fixing of term of imprisonment for default
  328. 269B Service compensation orders: power to set maximum term of imprisonment for default
  329. 269C Orders under section 269A or 269B against service parents or service guardians: appeals
  330. 270 Community punishments: general restrictions etc
  331. 270A Exception to restrictions on community punishments
  332. 271 Civilian courts dealing with service offences
  333. 272 Appeals to the Court Martial Appeal Court
  334. 273 Review of unduly lenient sentence by Court Martial Appeal Court
  335. 274 Reference of point of law to Supreme Court
  336. 275 Power to make supplementary provision about review of sentence
  337. 276 Compensation for miscarriages of justice
  338. 276A Miscarriages of justice: amount of compensation
  339. 276B Cases where person has been detained for at least 10 years
  340. 277 The Service Civilian Court
  341. 278 Constitution and proceedings of the Service Civilian Court
  342. 279 Court must consider whether trial by Court Martial more appropriate
  343. 280 Right to elect trial by Court Martial instead of by SCC
  344. 281 Power of SCC to convict of offence other than that charged
  345. 282 Punishments available to Service Civilian Court
  346. 283 Imprisonment: maximum term
  347. 284 Fines and compensation orders: maximum amounts
  348. 285 Right of appeal from SCC
  349. 286 Hearing of appeals from SCC
  350. 287 Findings made and sentences passed by Court Martial on appeal from SCC
  351. 288 SCC rules
  352. 289 Commencement of sentences of the Court Martial and Service Civilian Court
  353. 290 Commencement of term of service detention awarded by CO
  354. 291 Commencement of consecutive term of service detention awarded by CO
  355. 292 Commencement of suspended sentence activated by CO
  356. 293 Effect on rank or rate of WOs and NCOs of custodial sentence or sentence of service detention
  357. 294 Rank or rate of WOs and NCOs while in custody pursuant to custodial sentence etc
  358. 295 Effect of sentence of dismissal
  359. 296 Service detention
  360. 297 Detention in service custody following passing of custodial sentence etc
  361. 298 Removal to England and Wales following passing of custodial sentence etc
  362. 299 Duty to receive prisoners
  363. 300 Service custody etc rules
  364. 301 Duration of sentences: persons unlawfully at large or on temporary release
  365. 302 Remission of certain sentences on passing of custodial sentence etc
  366. 303 Power of service policeman to arrest person unlawfully at large
  367. 304 Sentences passed by civilian courts
  368. 304A Immunity from prosecution
  369. 304B Undertakings as to use of evidence
  370. 304C Reduction in sentence
  371. 304D Review of sentence following offer of assistance
  372. 304E Review of sentence following failure to assist
  373. 304F Sections 304C to 304E: statements in open court
  374. 304G Sections 304D and 304E: exclusion of public from review proceedings
  375. 304H Meaning of “sentence”
  376. 305 Random drug testing
  377. 306 Testing for alcohol and drugs after serious incident
  378. 307 Definitions etc for purposes of section 306
  379. 308 Section 305: supplementary
  380. 309 Offences of misbehaviour in court etc
  381. 310 Power to detain before dealing with section 309 offence
  382. 311 Certification to civil courts
  383. 312 Decisions of court under section 309: making and effect
  384. 313 Arrest by civilian police under warrant of judge advocate
  385. 314 Arrest by civilian police of deserters and absentees without leave
  386. 315 Deserters and absentees without leave surrendering to civilian police
  387. 316 Proceedings before civilian court where person suspected of illegal absence
  388. 317 Warrant for the arrest of persons released under section 315(4)(c) or 316(3)(a)(ii)
  389. 318 Arrest by civilian police of persons unlawfully at large
  390. 319 Certificates in connection with transfer to service custody etc
  391. 320 Power to use reasonable force
  392. 320A Guidance on exercise of criminal jurisdiction: England or Wales
  393. 320B Guidance on exercise of criminal jurisdiction: Scotland
  394. 320C Guidance on exercise of criminal jurisdiction: Northern Ireland
  395. 321 Powers of the Criminal Cases Review Commission
  396. 321A Inspection of service police investigations
  397. 321B Inspectors' reports to be laid before Parliament
  398. 322 Financial penalty enforcement orders
  399. 323 Power to make provision in consequence of criminal justice enactments
  400. 324 Section 323: definitions
  401. 325 Evidential burden as respects excuses
  402. 326 Exclusion of enactments requiring consent of Attorney General or DPP
  403. 327 Local probation boards
  404. 328 Enlistment
  405. 329 Terms and conditions of enlistment and service
  406. 330 Desertion and absence without leave: forfeiture of service etc
  407. 331 Discharge etc from the regular forces and transfer to the reserve forces
  408. 332 Administrative reduction in rank or rate
  409. 333 Pay, bounty and allowances
  410. 334 Redress of individual grievances: service complaints
  411. 335 Service complaints: role of Defence Council and service complaint panels
  412. 336 Composition and procedure of service complaint panels
  413. 336A Requirement to delegate to service complaint panel
  414. 337 Reference of individual grievance to Her Majesty
  415. 338 Referral by Service Complaints Commissioner of certain allegations
  416. 339 Reports by Commissioner on system for dealing with service complaints etc
  417. 340 Restriction on aliens in regular forces etc
  418. 340A Who can make a service complaint?
  419. 340B Procedure for making a complaint and determining admissibility
  420. 340C Decisions on service complaints
  421. 340D Appeals
  422. 340E Further provision about persons and panels deciding service complaints etc
  423. 340F Investigation of complaints and delegation of Defence Council functions
  424. 340G Service complaints: other time limits
  425. 340H Commissioner investigations of service complaints
  426. 340I Procedure on Commissioner investigations of service complaints
  427. 340IA Commissioner investigations of general service welfare matters
  428. 340IB Power of entry to service premises
  429. 340J Power to require information, documents and evidence
  430. 340K Obstruction and contempt
  431. 340L Report and recommendations : service complaints investigations
  432. 340LA Report and recommendations: general service welfare investigations
  433. 340M Action following receipt of report under section 340L
  434. 340N Referral of certain allegations
  435. 340O Annual report of Armed Forces Commissioner
  436. 340P Complaints, misconduct etc
  437. 340Q Investigation of concerns raised by whistle-blowers
  438. 340R Power to make super-complaints
  439. 341 Forfeitures and deductions: general provisions
  440. 342 Permitted forfeitures and deductions
  441. 343 Service inquiries
  442. 343A Armed forces covenant report
  443. 343AA Due regard to principles: England
  444. 343AB Due regard to principles: Wales
  445. 343AC Due regard to principles: Scotland
  446. 343AD Due regard to principles: Northern Ireland
  447. 343AE Sections 343AA to 343AD: guidance
  448. 343AF Sections 343AA to 343AD: power to add bodies and functions
  449. 343B Interpretation of Part
  450. 344 Aiding or abetting etc desertion or absence without leave
  451. 345 Aiding or abetting etc malingering
  452. 346 Obstructing persons subject to service law in course of duty
  453. 347 Sections 344 to 346: supplementary provisions
  454. 348 British overseas territories: references to maximum penalties
  455. 349 Exemption from tolls and charges
  456. 350 Exemption of property used for service purposes from execution
  457. 351 Detention etc of persons in overseas service hospitals
  458. 352 Power to take affidavits and declarations
  459. 353 Protection of children of service families
  460. 354 Extension of powers of command dependent on rank or rate
  461. 355 Service of process
  462. 356 Avoidance of assignment of or charge on pay and pensions etc
  463. 357 Power of British overseas territory to apply Act, etc
  464. 358 Amendments relating to reserve forces
  465. 359 Pardons for servicemen executed for disciplinary offences: recognition as victims of First World War
  466. 360 Meaning of “commanding officer”
  467. 361 Meaning of “higher authority”
  468. 362 Judge advocates
  469. 363 Court administration officer
  470. 364 Director of Service Prosecutions
  471. 365 Prosecuting officers
  472. 365AA Armed Forces Commissioner
  473. 365A Provost Marshals: appointment
  474. 365B Service Complaints Ombudsman
  475. 365BA Service Police Complaints Commissioner
  476. 365BB Investigating officers
  477. 366 Service Complaints Commissioner
  478. 367 Persons subject to service law: regular and reserve forces
  479. 368 References to members of the regular forces
  480. 369 Members of British overseas territories' forces serving with UK forces
  481. 370 Civilians subject to service discipline
  482. 371 Naval chaplains
  483. 371A Power to make provision in relation to protected prisoners of war
  484. 372 Evidence in proceedings before civilian courts
  485. 373 Orders, regulations and rules
  486. 374 Definitions applying for purposes of whole Act
  487. 375 Definitions relating to the service police and other police forces
  488. 376 “Conviction”, “sentence” etc in relation to summary hearings and the SAC
  489. 377 Further interpretive provisions
  490. 378 Minor and consequential amendments and repeals
  491. 379 Power to make further amendments and repeals
  492. 380 Power to make transitional and transitory provision
  493. 381 Alignment of SDAs etc with this Act
  494. 382 Duration of this Act
  495. 383 Commencement
  496. 384 Extent to Channel Islands, Isle of Man and British overseas territories
  497. 385 Extent of applied enactments
  498. 386 Short title
  499. SCHEDULE 1 Criminal conduct offences that may be dealt with at a summary hearing
  500. SCHEDULE 2 “Schedule 2 offences”
  501. SCHEDULE 2A Offences relating to members of the Court Martial
  502. SCHEDULE 3 Civilians etc: modifications of Court Martial sentencing powers
  503. SCHEDULE 3A Court Martial sentencing powers where election for trial by that court instead of CO
  504. SCHEDULE 4 Unfitness and insanity: modifications of Mental Health Act 1983
  505. SCHEDULE 6 Overseas community orders: young offenders
  506. SCHEDULE 6A Breach, revocation and amendment of overseas community orders
  507. SCHEDULE 7 Suspended sentence orders: breach or amendment; effect of further conviction
  508. SCHEDULE 8 Amendment of the Courts-Martial (Appeals) Act 1968
  509. SCHEDULE 9 Assessors of compensation for miscarriages of justice
  510. SCHEDULE 10 Proceedings of the Service Civilian Court
  511. SCHEDULE 11 Powers of the Criminal Cases Review Commission
  512. SCHEDULE 12 Detention etc of persons in overseas service hospitals
  513. SCHEDULE 13 Protection of children of service families
  514. SCHEDULE 14 Amendments relating to reserve forces
  515. SCHEDULE 14ZA The Armed Forces Commissioner
  516. Schedule 14A The Service Police Complaints Commissioner
  517. SCHEDULE 15 Civilians subject to service discipline
  518. SCHEDULE 16 Minor and consequential amendments
  519. SCHEDULE 17 Repeals and Revocations

Proposed changes to this act

No one has proposed a change to this act yet.

519 provisions

Title and introductory text

Armed Forces Act 2006 2006 c. 52 An Act to make provision with respect to the armed forces; and for connected purposes. [8th November 2006] Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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1 Assisting an enemy

(1) A person subject to service law commits an offence if, without lawful excuse, he intentionally— (a) communicates with an enemy; (b) gives an enemy information that would or might be useful to the enemy; (c) fails to make known to the proper authorities any information received by him from an enemy; (d) provides an enemy with any supplies; or (e) harbours or protects an enemy other than a prisoner of war. (2) A person subject to service law who has been captured by an enemy commits an offence if, without lawful excuse, he intentionally serves with or assists the enemy— (a) in the prosecution of hostilities or of measures likely to influence morale; or (b) in any other manner not authorised by international law. (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.

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2 Misconduct on operations

(1) A person subject to service law commits an offence if, without reasonable excuse, he— (a) surrenders any place or thing to an enemy; or (b) abandons any place or thing which it is his duty to defend against an enemy or to prevent from falling into the hands of an enemy. (2) Subsections (3) to (5) apply to a person subject to service law who is— (a) in the presence or vicinity of an enemy; (b) engaged in an action or operation against an enemy; or (c) under orders to be prepared for any action or operation by or against an enemy. (3) A person to whom this subsection applies commits an offence if he fails to use his utmost exertions to carry out the lawful commands of his superior officers. (4) A person to whom this subsection applies commits an offence if he is on guard duty and posted or ordered to patrol, or is on watch, and— (a) without reasonable excuse, he sleeps; or (b) (without having been regularly relieved) he leaves any place where it is his duty to be. (5) A person to whom this subsection applies commits an offence if, without reasonable excuse, he intentionally communicates with a person who is— (a) a member of any of Her Majesty's forces or of any force co-operating with them, or (b) a relevant civilian, and the communication is likely to cause that person to become despondent or alarmed. (6) In subsection (5) “relevant civilian” means a person who— (a) is a civilian subject to service discipline; and (b) is accompanying a person subject to service law who is— (i) in the presence or vicinity of an enemy; or (ii) engaged in an action or operation against an enemy. (7) 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.

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3 Obstructing operations

(1) A person subject to service law commits an offence if— (a) he does an act that is likely to put at risk the success of an action or operation of any of Her Majesty's forces; and (b) he intends to prevent, or is reckless as to whether he prevents, the success of the action or operation. (2) A person subject to service law commits an offence if— (a) without lawful excuse, he does an act that delays or discourages an action or operation of any of Her Majesty's forces; and (b) he intends to delay or discourage the action or operation. (3) In this section “act” includes an omission and references to the doing of an act are to be read accordingly. (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) if the offence relates to an action or operation against an enemy, may be for life; (b) otherwise, must not exceed ten years.

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4 Looting

(1) A person within subsection (4) commits an offence if, without lawful excuse— (a) he takes any property from a person who has been killed, injured, captured or detained in the course of an action or operation of any of Her Majesty's forces or of any force co-operating with them; or (b) he searches such a person with the intention of taking property from him. (2) A person within subsection (4) commits an offence if, without lawful excuse— (a) he takes any property which has been left exposed or unprotected in consequence of— (i) an action or operation of any of Her Majesty's forces or of any force co-operating with them; or (ii) an event, or state of affairs, in relation to which such an action or operation is undertaken; or (b) he searches any place or thing with the intention of taking property of a description mentioned in paragraph (a). (3) A person within subsection (4) commits an offence if he takes otherwise than for the public service any vehicle, equipment or stores abandoned by an enemy. (4) A person is within this subsection if he is— (a) a person subject to service law; or (b) a civilian subject to service discipline. (5) 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) or (2), may be for life; (b) in the case of an offence under subsection (3), must not exceed seven years.

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5 Failure to escape etc

(1) Subsections (2) and (3) apply to a person subject to service law who has been captured by an enemy. (2) A person to whom this subsection applies commits an offence if— (a) he is aware of steps that he could take to rejoin Her Majesty's forces; (b) he could reasonably be expected to take those steps; and (c) without lawful excuse, he fails to take them. (3) A person to whom this subsection applies commits an offence if, without lawful excuse, he intentionally prevents or discourages another person subject to service law who has been captured by an enemy from taking any reasonable steps to rejoin 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, but any sentence of imprisonment imposed in respect of the offence must not exceed ten years.

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6 Mutiny

(1) A person subject to service law commits an offence if he takes part in a mutiny. (2) For the purposes of this section a person subject to service law takes part in a mutiny if— (a) in concert with at least one other person subject to service law, he— (i) acts with the intention of overthrowing or resisting authority; or (ii) disobeys authority in such circumstances as to subvert discipline; (b) he agrees with at least one other person subject to service law to overthrow or resist authority; or (c) he agrees with at least one other person subject to service law to disobey authority, and the agreed disobedience would be such as to subvert discipline. (3) For the purposes of subsection (2)— (a) “authority” means lawful authority in any part of Her Majesty's forces or of any force co-operating with them; (b) the reference to acting includes omitting to act. (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 may be for life.

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7 Failure to suppress mutiny

(1) A person subject to service law commits an offence if— (a) he knows that a mutiny is occurring or is intended; and (b) he fails to take such steps as he could reasonably be expected to take to prevent or suppress it. (2) For the purposes of this section a mutiny occurs when a person subject to service law, in concert with at least one other person subject to service law— (a) acts with the intention of overthrowing or resisting authority; or (b) disobeys authority in such circumstances as to subvert discipline. (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.

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8 Desertion

(1) A person subject to service law commits an offence if he deserts. (2) For the purposes of this Act a person deserts if he is absent without leave and— (a) he intends to remain permanently absent without leave; or (b) he intends to avoid a period of active service. (3) In this section “active service” means service in— (a) an action or operation against an enemy; (b) an operation outside the British Islands for the protection of life or property; or (c) the military occupation of a foreign country or territory. (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) if the offender intended to avoid a period of active service, may be for life; (b) otherwise, must not exceed two years.

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9 Absence without leave

(1) A person subject to service law commits an offence if subsection (2) or (3) applies to him. (2) This subsection applies to a person if he is intentionally or negligently absent without leave. (3) This subsection applies to a person if— (a) he does an act, being reckless as to whether it will cause him to be absent without leave; and (b) it causes him to be absent without leave. (4) In subsection (3) “act” includes an omission and the reference to the doing of an act is 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 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.

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10 Failure to cause apprehension of deserters or absentees

(1) A person subject to service law commits an offence if— (a) he knows that another person— (i) has committed, is committing or is attempting to commit an offence under section 8 (desertion); or (ii) is committing or attempting to commit an offence under section 9 (absence without leave); and (b) he fails to take such steps as he could reasonably be expected to take to cause that person to be apprehended. (2) 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.

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11 Misconduct towards a superior officer

(1) A person subject to service law commits an offence if— (a) he uses violence against a superior officer (“B”); and (b) he knows or has reasonable cause to believe that B is a superior officer. (2) A person subject to service law commits an offence if— (a) his behaviour towards a superior officer (“B”) is threatening or disrespectful; and (b) he knows or has reasonable cause to believe that B is a superior officer. (3) For the purposes of this section— (a) the behaviour of a person (“A”) towards another person (“B”) includes any communication made by A to B (whether or not in B's presence); (b) “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— (a) in the case of an offence under subsection (1), or an offence under subsection (2) of behaviour that is threatening, ten years; (b) in any other case, two years.

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12 Disobedience to lawful commands

(1) A person subject to service law commits an offence if— (a) he disobeys a lawful command; and (b) he intends to disobey, or is reckless as to whether he disobeys, the command. (2) 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 ten years.

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13 Contravention of standing orders

(1) A person subject to service law, or a civilian subject to service discipline, commits an offence if— (a) he contravenes a lawful order to which this section applies; and (b) he knows or could reasonably be expected to know of the order. (2) This section applies to standing orders, and other routine orders of a continuing nature, of any of Her Majesty's forces, made for any— (a) part of Her Majesty's forces; (b) area or place; or (c) ship, train or aircraft; but paragraph (a) of this subsection does not apply in relation to 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.

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14 Using force against a sentry etc

(1) A person subject to service law commits an offence if— (a) he uses force against a member of any of Her Majesty's forces, or of any force co-operating with them, who is— (i) on guard duty and posted or ordered to patrol; (ii) on watch; or (iii) under orders to regulate traffic by land, water or air; or (b) by the threat of force he compels such a person to let him or any other person pass. (2) 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.

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15 Failure to attend for or perform duty etc

(1) A person subject to service law commits an offence if, without reasonable excuse, he— (a) fails to attend for any duty; (b) leaves any duty before he is permitted to do so; or (c) fails to perform any duty. (2) A person subject to service law commits an offence if he performs any duty negligently. (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.

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16 Malingering

(1) A person subject to service law commits an offence if, to avoid service— (a) he pretends to have an injury; (b) by any act he causes himself an injury; (c) by any act or omission he aggravates or prolongs any injury of his; or (d) he causes another person to injure him. (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. (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. (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.

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17 Disclosure of information useful to an enemy

(1) A person subject to service law commits an offence if— (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 mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.

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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; 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. (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. (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. (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; (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 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.

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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 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 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.

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20 Unfitness or misconduct through alcohol or drugs

(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 forces. (1A) For the purposes of subsection (1) a person is to be taken to be unfit to be entrusted with his duty, or a duty which he might reasonably expect to be called upon to perform, if his ability to carry out the duty in question is impaired. (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 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 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 (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 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.

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20A Exceeding alcohol limit for prescribed safety-critical duties

(1) A person subject to service law (“P”) commits an offence if the proportion of alcohol in P's breath, blood or urine exceeds the relevant limit at a time when P— (a) is performing, or purporting to perform, a prescribed duty; or (b) might reasonably expect to be called on to perform such a duty. (2) In subsection (1) “prescribed duty” means a duty specified, or of a description specified, by regulations; but a duty or description may be specified only if performing that duty (or a duty of that description) with ability impaired by alcohol would result in a risk of— (a) death; (b) serious injury to any person; (c) serious damage to property; or (d) serious environmental harm. (3) In this section “the relevant limit”, in relation to a duty specified or of a description specified by regulations, means the limit prescribed by regulations in relation to that duty or duties of that description. (4) In this section “regulations” means regulations made by the Defence Council for the purposes of this section. (5) 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.

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21 Fighting or threatening behaviour etc

(1) A person subject to service law commits an offence if, without reasonable excuse, he fights another person. (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, 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 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.

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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”); (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— (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 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.

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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 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 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.

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24 Damage to or loss of public or service property

(1) A person subject to service law commits an offence if— (a) 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 (b) either— (i) he intends to cause damage to or the loss of the property, and there is no lawful excuse for his act; or (ii) he is reckless as to whether he causes damage to or the loss of the property. (2) A person subject to service law commits an offence if— (a) negligently, he does an act that causes damage to or the loss of any public or service property; or (b) he does an act that is likely to cause damage to or the loss of any public or service property and— (i) he is reckless as to whether he causes damage to or the loss of the property; or (ii) he is negligent. (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) “loss” includes temporary loss; (d) “property” means property of a tangible nature, and references to public or service property are to be read 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), ten years; (b) in the case of an offence under subsection (2), two years.

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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 14 of the Table in section 164.

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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; (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).

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27 Obstructing or failing to assist a service policeman

(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.

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28 Resistance to arrest etc

(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.

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29 Offences in relation to service custody

(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.

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30 Allowing escape, or unlawful release, of prisoners etc

(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.

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31 Hazarding of ship

(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.

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32 Giving false air signals etc

(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.

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33 Dangerous flying etc

(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.

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34 Low flying

(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.

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35 Annoyance by flying

(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 14 of the Table in section 164.

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36 Inaccurate certification

(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.

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37 Prize offences by officer in command of ship or aircraft

(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.

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38 Other prize offences

(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.

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