Legalize / United Kingdom / Public General Act

Armed Forces Act 2006

Type Public General Act

Publication 2006-11-08

Last updated 2026-04-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

First Group of Parts — Discipline

Part 1 — Offences

Assisting an enemy, misconduct on operations etc

Punishments available to Court Martial

1

(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;

(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.

Restriction on aliens in regular forces etc

2

(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

(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.

Obstructing operations

3

(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.

Looting

4

(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.

Failure to escape etc

5

(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

(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.

Mutiny

6

(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.

Failure to suppress mutiny

7

(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.

Desertion and absence without leave

Desertion

8

(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

(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.

Absence without leave

9

(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.

Failure to cause apprehension of deserters or absentees

10

(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.

Insubordination etc

Misconduct towards a superior officer

11

(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.

Disobedience to lawful commands

12

(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.

Contravention of standing orders

13

(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

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.

Using force against a sentry etc

14

(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.

Neglect of duty and misconduct

Failure to attend for or perform duty etc

15

(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

(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.

Malingering

16

(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;

(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.

Disclosure of information useful to an enemy

17

(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.

Making false records etc

18

(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.

Conduct prejudicial to good order and discipline

19

(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.

Unfitness or misconduct through alcohol or drugs

20

(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);

(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.

Fighting or threatening behaviour etc

21

(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.

Ill-treatment of subordinates

22

(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

(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.

Disgraceful conduct of a cruel or indecent kind

23

(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.

Property offences

Damage to or loss of public or service property

24

(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;

(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.

Misapplying or wasting public or service property

25

(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.

Sections 24 and 25: “public property” and “service property”

26

(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;

(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).

Offences against service justice

Obstructing or failing to assist a service policeman

27

(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.

Resistance to arrest etc

28

(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

(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;

(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.

Offences in relation to service custody

29

(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;

(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.

Allowing escape, or unlawful release, of prisoners etc

30

(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

(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

(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.

Ships and aircraft

Hazarding of ship

31

(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;

(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.

Giving false air signals etc

32

(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.

Dangerous flying etc

33

(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; andany 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.

Low flying

34

(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.

Annoyance by flying

35

(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.

Inaccurate certification

36

(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;

(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.

Prize offences by officer in command of ship or aircraft

37

(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

(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.

Other prize offences

38

(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.

Attempts, incitement, and aiding and abetting

Attempts

39

(1) A person subject to service law commits an offence if he attempts to commit an offence to which this subsection applies.

(2) Subsection (1) applies to any service offence except—

(a) an offence committed by virtue of section 41 (aiding and abetting);

(b) an offence under this section or section 42.

(3) A civilian subject to service discipline commits an offence if he attempts to commit an offence to which this subsection applies.

(4) Subsection (3) applies to—

(a) an offence under section 4, 13, 27, 28(2), 29, 107 or 306 of this Act or under section 18 or 20 of the Armed Forces Act 1991 (c. 62); and

(b) an offence under section 40 of encouraging or assisting the commission of an offence mentioned in paragraph (a).

(5) For the purposes of this section a person attempts to commit an offence if, with intent to commit the offence, he does an act which is more than merely preparatory to the commission of the offence.

(6) For those purposes, a person may attempt to commit an offence even though the facts are such that the commission of the offence is impossible.

(7) Where—

(a) apart from this subsection a person's intention would not be regarded as having amounted to an intent to commit an offence, but

(b) if the facts of the case had been as he believed them to be his intention would be so regarded,

then for the purposes of this section he shall be regarded as having had an intent to commit that offence.

(8) Where in proceedings for an offence under this section there is evidence sufficient in law to support a finding that the defendant did an act falling within subsection (5), the question whether his act fell within that subsection is a question of fact.

(9) A person guilty of an offence under this section is liable to the same punishment as he would be liable to if guilty of the offence attempted.

Incitement

40

(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.

Aiding, abetting, counselling or procuring

41

(1) Where a person subject to service law aids, abets, counsels or procures the commission by another person of an offence to which this subsection applies, he commits that offence.

(2) Subsection (1) applies to any service offence except an offence under section 42.

(3) A person who by virtue of subsection (1) commits an offence is liable to be charged, tried (including dealt with at a summary hearing) and punished as a principal offender.

(4) Where a civilian subject to service discipline aids, abets, counsels or procures the commission by another person of an offence mentioned in section 39(4), he commits that offence and is liable to be charged, tried and punished as a principal offender.

Criminal conduct

42

(1) A person subject to service law, or a civilian subject to service discipline, commits an offence under this section if he does any act that—

(a) is punishable by the law of England and Wales; or

(b) if done in England or Wales, would be so punishable.

(2) A person may be charged with an offence under this section even if he could on the same facts be charged with a different service offence.

(3) A person guilty of an offence under this section is liable to—

(a) if the corresponding offence under the law of England and Wales is under that law an offence punishable with imprisonment, any punishment mentioned in the Table in section 164;

(b) otherwise, any punishment mentioned in rows 5 to 14 of that Table.

(4) Any sentence of imprisonment or fine imposed in respect of an offence under this section must not exceed—

(a) if the corresponding offence under the law of England and Wales is a summary offence, the maximum term of imprisonment or fine that could be imposed by a magistrates' court on summary conviction;

(b) if that corresponding offence is an indictable offence, the maximum sentence of imprisonment or fine that could be imposed by the Crown Court on conviction on indictment.

(5) In subsection (4) “a summary offence” and “an indictable offence” mean, respectively, a summary offence under the law of England and Wales and an indictable offence under that law.

(6) In this section and sections 45 to 49 “act” includes an omission and references to the doing of an act are to be read accordingly.

(7) In subsections (1) and (8) and sections 45 to 49 “punishable” means punishable with a criminal penalty.

(8) In this Act “the corresponding offence under the law of England and Wales”, in relation to an offence under this section, means—

(a) the act constituting the offence under this section; or

(b) if that act is not punishable by the law of England and Wales, the equivalent act done in England or Wales.

Attempting criminal conduct

43

(1) Subsection (2) applies for the purpose of determining whether an attempt is an offence under section 42.

(2) For that purpose section 1(4) of the Criminal Attempts Act 1981 (c. 47) (offences that it is an offence to attempt) has effect as if for the words from “offence which” to “other than” there were substituted “ offence under section 42 of the Armed Forces Act 2006 consisting of an act punishable by the law of England and Wales as an indictable offence or an act that, if done in England or Wales, would be so punishable by that law; but “indictable offence” here does not include ”.

(3) Section 42(6) applies for the purposes of section 1(4) of the Criminal Attempts Act 1981 as modified by this section.

Trial of section 42 offence of attempt

44

(1) Where, in proceedings for a section 42 offence of attempt, there is evidence sufficient in law to support a finding that the defendant did an act falling within subsection (1) of section 1 of the Criminal Attempts Act 1981, the question whether his act fell within that subsection is a question of fact.

(2) In this section “a section 42 offence of attempt” means an offence under section 42 consisting of an act that is, or that would be if done in England or Wales, an offence under section 1(1) of the Criminal Attempts Act 1981 (c. 47).

(3) References in subsections (1) and (2) to section 1(1) of the Criminal Attempts Act 1981 are to that provision as it has effect by virtue of section 43 above.

Conspiring to commit criminal conduct

45

(1) For the purpose of determining whether an agreement that a course of conduct be pursued is an offence under section 42—

(a) sections 1(1) and 2 of the Criminal Law Act 1977 (c. 45) (conspiracy) have effect as if any reference to an offence included a reference to an act that, if done in England or Wales, would be punishable by the law of England and Wales; and

(b) section 1(2) of that Act has effect as if it read—

(2) Where liability for any offence may be incurred without knowledge on the part of the person committing it of any particular fact or circumstance necessary for the commission of it, a person is nevertheless not guilty by virtue of subsection (1) above of conspiracy to commit— (a) that offence, or (b) an act that would amount to that offence if done in England or Wales, unless he and at least one other party to the agreement intend or know that that fact or circumstance shall or will exist at the time when the conduct constituting the offence, or the act, is to take place.

(2) Section 42(6) applies for the purposes of section 1(2) of the Criminal Law Act 1977 as substituted by this section.

Inciting criminal conduct

46

(1) Subsection (2) applies if a person subject to service law, or a civilian subject to service discipline, encourages or assists the doing of an act (or one or more of a number of acts) that, if done in England or Wales, would be punishable by the law of England and Wales.

(2) Regardless of where that act (or those acts) might be done and of his state of mind with respect to that question, his encouragement or assistance shall be treated for the purposes of section 42(1) as an act that is punishable by the law of England and Wales (so far as it is not such an act in any event).

(3) Reference in this section to encouraging or assisting is to an act that would constitute an offence under Part 2 of the Serious Crime Act 2007 disregarding any provision in that Part about the place where the act (or acts) being encouraged or assisted might be done or the accused's state of mind with respect to that question.

Aiding, abetting, counselling or procuring criminal conduct

47

(1) Subsection (2) applies if—

(a) any person (“A”) does an act that is punishable by the law of England and Wales or would be so punishable if done in England or Wales; and

(b) a person subject to service law, or a civilian subject to service discipline, aids, abets, counsels or procures A's doing of that act.

(2) Regardless of where the act aided, abetted, counselled or procured was done, the aiding, abetting, counselling or procuring shall be treated for the purposes of section 42(1) as an act that is punishable by the law of England and Wales.

(3) For the purpose of determining whether an attempt is an act that falls within subsection (1)(a) above, section 1(4) of the Criminal Attempts Act 1981 (c. 47) has effect with the modification made by section 43.

Provision supplementary to sections 43 to 47

48

(1) This section applies where—

(a) an attempt, agreement or encouragement or assistance, or a person's aiding, abetting, counselling or procuring, is an offence under section 42 by reason of section 43, 45, 46 or 47; and

(b) the act to which it relates (“the contemplated act”) is not an act that is (or that if done would have been) punishable by the law of England and Wales.

(2) For the following purposes it shall be assumed that the contemplated act amounted to the offence under the law of England and Wales that it would have amounted to if it had been the equivalent act in England or Wales.

(3) Those purposes are—

(a) the purpose of determining what punishment may be imposed for the offence under section 42;

(b) the purpose of determining for the purposes of any of the following provisions of this Act whether the act constituting the offence under section 42, or the equivalent act done in England or Wales, is or would be—

(i) an offence under the law of England and Wales;

(ii) any particular such offence;

(iii) such an offence of any particular description.

49

(1) If a person subject to service law, or a civilian subject to service discipline, does in or in relation to a military aircraft any act that if done in or in relation to a civil aircraft would amount to a prescribed Air Navigation Order offence, the act shall be treated for the purposes of section 42(1) as punishable by the law of England and Wales.

(2) Where an act is an offence under section 42 by reason of subsection (1) above—

(a) section 42(8)(b) does not apply; and

(b) it shall be assumed for the following purposes that the act amounted to the offence under the law of England and Wales that it would have amounted to if it had been done in or in relation to a civil aircraft.

(3) Those purposes are—

(a) the purpose of determining what punishment may be imposed for the offence under section 42;

(b) the purpose of determining for the purposes of any of the following provisions of this Act whether the act constituting the offence under section 42 is—

(i) an offence under the law of England and Wales;

(ii) any particular such offence;

(iii) such an offence of any particular description.

(4) In this section—

“military aircraft” has the meaning given by section 92 of the Civil Aviation Act 1982 (c. 16);

“civil aircraft” means an aircraft that is registered in the United Kingdom and is not a military aircraft;

“Air Navigation Order offence” means an offence under an Order in Council made under section 60 of the Civil Aviation Act 1982 (whenever made, and whether or not also made under any other enactment);

“prescribed” means prescribed by an order made by the Secretary of State for the purposes of this section.

Part 2 — Jurisdiction and Time Limits

Chapter 1 — Jurisdiction

Court Martial

Jurisdiction of the Court Martial

50

(1) The Court Martial has jurisdiction to try any service offence.

(2) In this Act “service offence” means—

(a) any offence under Part 1;

(aa) an offence under section 93A, 93E or 93G (testing for alcohol or drugs on suspicion);

(b) an offence under section 107 (breach of requirement imposed on release from custody);

(d) an offence under section 266 (failure to comply with financial statement order);

(e) an offence under section 305 (random drug testing);

(f) any offence under regulations under section 328 (false answer during enlistment in a regular force) or section 343 (service inquiries) that the regulations provide is a service offence;

(fa) an offence under paragraph 2, 3 or 4 of Schedule 2A (offences committed by a lay member of the Court Martial);

(fb) an offence under paragraph 5 of that Schedule (disclosing information about members' deliberations etc) committed by a person described in sub-paragraph (2) of that paragraph;

(g) an offence under section 18 or 20 of the Armed Forces Act 1991 (c. 62) (orders for the protection of children);

(h) an offence under any of sections 95 to 97 of the Reserve Forces Act 1996 (c. 14) (reserve forces offences); or

(i) an offence under paragraph 5(1) of Schedule 1 to that Act (false answer during enlistment in a reserve force) committed by a person within paragraph 5(3) of that Schedule.

Service Civilian Court

Jurisdiction of the Service Civilian Court

51

(1) The Service Civilian Court has jurisdiction to try any service offence committed outside the British Islands by a civilian, except an offence within subsection (3) or an offence in relation to which subsection (6) applies.

(2) For the purposes of subsection (1) an offence is committed by a civilian if it is committed by a person who, at the time when it is committed, is a civilian subject to service discipline.

(3) The offences within this subsection are—

(a) an indictable-only offence under section 42;

(b) an offence under section 266 committed in respect of a financial statement order made by a court other than the Service Civilian Court;

(ca) an offence under paragraph 2, 3, 4 or 5 of Schedule 2A (offences relating to members of the Court Martial);

(d) an offence within section 50(2)(h) or (i) (Reserve Forces Act offences).

(4) For the purposes of subsection (3)(a) an offence under section 42 is “indictable-only” if the corresponding offence under the law of England and Wales is under that law an offence which, if committed by an adult, is triable only on indictment; but this is subject to subsection (5).

(5) Where the defendant is aged under 18 at the time a decision under section 279 is made, an offence under section 42 is “indictable-only” for the purposes of subsection (3)(a) above if (and only if)—

(a) the corresponding offence under the law of England and Wales is murder, manslaughter or an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (c. 28) of causing or allowing the death of a child or vulnerable adult; or

(b) section 227 (firearms offences) would apply if the accused were convicted by the Court Martial of the offence under section 42.

(6) This subsection applies in relation to an offence if the defendant is for the time being—

(a) a member of the regular or reserve forces; or

(b) liable to recall.

(7) For the purposes of subsection (6) a person is “liable to recall” if—

(a) under section 65(1) of the Reserve Forces Act 1996 (c. 14) he is liable to be recalled for service; or

(b) he is liable to be recalled as mentioned in section 35(1) of the Reserve Forces Act 1980 (c. 9).

Commanding officers

Charges capable of being heard summarily

52

(1) A charge against a person (“the accused”) in respect of an offence is capable of being heard summarily if (and only if) conditions A to C are met.

(2) Condition A is that the offence is one that may be dealt with at a summary hearing (see section 53).

(3) Condition B is that the accused is—

(a) an officer of or below the rank of commander, lieutenant-colonel or wing commander; or

(b) a person of or below the rank or rate of warrant officer.

(4) Condition C is (subject to subsections (5) and (6)) that the accused is—

(a) subject to service law,

(b) a member of a volunteer reserve force, or

from the time the offence is committed to the end of the summary hearing of the charge.

(5) If the offence is one under section 96(1) of the Reserve Forces Act 1996 (c. 14) committed by virtue of section 96(2) of that Act, condition C is that the accused is—

(a) liable to recall, or

(b) a member of the regular forces,

from the time the offence is committed to the end of the summary hearing of the charge.

(6) If the offence is any other Reserve Forces Act offence, condition C is that the accused is a member of a reserve force from the time the offence is committed to the end of the summary hearing of the charge.

(7) For the purposes of this section—

(a) a person is “liable to recall” if—

(i) under section 65(1) of the Reserve Forces Act 1996 he is liable to be recalled for service; or

(ii) he is liable to be recalled as mentioned in section 35(1) of the Reserve Forces Act 1980 (c. 9);

(b) “Reserve Forces Act offence” means an offence within section 53(1)(k).

(8) Where at any time it falls to a person to determine for the purposes of any provision of this Act whether a charge is or would be capable of being heard summarily, the references in subsections (4) to (6) to the end of the summary hearing of the charge are to be read as references to that time.

Offences that may be dealt with at a summary hearing

53

(1) The following service offences may be dealt with at a summary hearing—

(a) an offence under section 4(3);

(b) an offence under any of sections 9 to 15;

(d) an offence under any of sections 17 to 29;

(e) an offence under section 30(1) of negligently doing an act that results in a person's escape, or an offence under section 30(2);

(f) an offence under any of sections 34 to 36;

(g) an offence under section 42 (criminal conduct) within subsection (3);

(ga) an offence under section 93A, 93E or 93G (testing for alcohol or drugs on suspicion);

(h) an offence under section 107;

(i) an offence under section 305 (random drug testing);

(j) any service offence under regulations under section 328 or 343;

(k) an offence under section 96 or 97 of the Reserve Forces Act 1996 of absence without leave.

(2) Any reference in a paragraph of subsection (1), except paragraph (g), to an offence includes an offence under section 39 of attempting to commit that offence.

(3) An offence under section 42 is within this subsection if the corresponding offence under the law of England and Wales is—

(a) an offence listed in either Part of Schedule 1 (criminal conduct offences that may be dealt with at a summary hearing); or

(b) an offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit an (indictable) offence so listed.

(4) The Secretary of State may by order amend Schedule 1.

Charges which may be heard summarily only with permission or by senior officer

54

(1) An officer may not hear summarily a charge in respect of an offence within subsection (2) unless—

(a) he has obtained the permission of higher authority; or

(b) he is of or above the rank of rear admiral, major-general or air vice-marshal.

(2) An offence is within this subsection if it is an offence under section 42 as respects which the corresponding offence under the law of England and Wales is—

(a) an offence listed in Part 2 of Schedule 1; or

(b) an offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an (indictable) offence so listed.

Chapter 2 — Time Limits for Commencing Proceedings

Time limits for offences other than Reserve Forces Act offences

Time limit for charging former member of a regular or reserve force

55

(1) This section applies where a person ceases to be a member of a regular or reserve force.

(2) The person may not, after the end of six months beginning with the date he ceased to be a member of that force, be charged with a service offence committed while he was a member.

(3) Subsection (2) applies even if the person rejoins the force within those six months.

Time limit for charging certain members or former members of ex-regular reserve forces

56

(1) This section applies where—

(a) a person, while a member of an ex-regular reserve force, has been subject to an additional duties commitment; and

(b) the person ceases to be subject to the commitment.

(2) The person may not, after the end of six months beginning with the date he ceased to be subject to the commitment, be charged with a service offence committed while he was so subject.

Time limit for charging person formerly subject to service law

57

(1) This section applies where a person ceases to be subject to service law.

(2) The person may not, after the end of six months beginning with the date he ceased to be subject to service law, be charged with a service offence committed while he was so subject.

(3) Subsection (2) applies even if the person (again) becomes subject to service law within those six months.

(4) Subsection (2) does not apply in relation to an offence committed by a person when he was—

(a) a member of a volunteer reserve force; or

(b) a member of an ex-regular reserve force who was subject to an additional duties commitment.

Time limit for charging civilian formerly subject to service discipline

58

(1) Subsection (2) applies in any case where a person ceases to be a civilian subject to service discipline, except a case where at the time he does so he becomes subject to service law.

(2) Where this subsection applies—

(a) the person may not, after the end of six months beginning with the date he ceased to be a civilian subject to service discipline, be charged with a service offence committed while he was such a civilian; and

(b) this applies even if he (again) becomes such a civilian within those six months.

(3) Where a person ceases to be a civilian subject to service discipline and at the time he does so becomes subject to service law, section 57 has effect as if—

(a) the reference in subsection (2) to a service offence committed while the person was subject to service law included a service offence committed during the relevant period; and

(b) the reference in subsection (3) to becoming subject to service law included becoming a civilian subject to service discipline.

(4) In subsection (3)(a) above “the relevant period” means the period while the person was a civilian subject to service discipline that ended with his becoming subject to service law.

(5) Subsection (6) applies to a person—

(a) who ceases to be a civilian subject to service discipline by reason only of—

(i) leaving an area designated for the purposes of Schedule 15;

(ia) leaving a country in which he fell within paragraph 5 of that Schedule;

(ii) entering the British Islands; or

(iii) leaving an area which a designation under paragraph 7 of Schedule 15 specifies as an area that he must be in for the designation to apply to him; and

(b) who is residing or staying in a qualifying place at the time he does so.

(6) As regards that time, and for so long after that time as he continues—

(a) to reside or stay in a qualifying place, and

(b) to be a person who is not a civilian subject to service discipline but who would be such a civilian if he were in a qualifying place,

he is to be treated for the purposes of this section (apart from subsection (5)) as being such a civilian.

(7) In subsections (5) and (6) “in a qualifying place” means—

(a) in relation to a person who falls within subsection (5)(a) by reason of leaving an area designated for the purposes of Schedule 15, in any such area;

(aa) in relation to a person who falls within subsection (5)(a) by reason of leaving a country in which he fell within paragraph 5 of that Schedule, in that country or any other country in which he falls within that paragraph;

(b) in relation to a person who falls within subsection (5)(a) by reason of entering the British Islands, outside the British Islands;

(c) in relation to a person who falls within subsection (5)(a) by reason of leaving an area mentioned in subsection (5)(a)(iii), in that area.

(8) In subsections (5)(a)(ia) and (7)(aa) “country” is to be read in accordance with paragraph 14 of Schedule 15.

Time limit for charging offence under section 107

59

(1) A person may not be charged with an offence under section 107 (breach of requirement imposed on release from custody) after the end of whichever of the following periods ends last—

(a) six months beginning with the date of commission of the offence;

(b) two months beginning with the date the person is apprehended.

(2) Where subsection (1) prohibits the charging of a person with an offence, the power under section 123(2)(c) or 125(2)(c) may not be exercised so as to charge that person with that offence.

Time limit for charging offence under section 266

60

A person may not be charged with an offence under section 266 (failure to comply with financial statement order) after the end of whichever of the following periods ends first—

(a) two years beginning with the date of commission of the offence;

(b) six months beginning with the date the offence becomes known to a member of the Service Prosecuting Authority.

Sections 55 to 60: exceptions and interpretation

61

(1) References in sections 55 to 60 and this section to charging (except the second such reference in section 59(2)) are to charging under any of sections 120 to 122.

(2) Where any of sections 55 to 58 prohibits the charging of a person with an offence, the person may be charged with the offence if the Attorney General consents.

(3) Each of sections 55 to 60 is without prejudice to the rest of those sections.

(4) Nothing in those sections applies in relation to a Reserve Forces Act offence (as defined by section 62).

Time limit for Reserve Forces Act offences

Time limit for charging Reserve Forces Act offences

62

(1) A person may not be charged with a Reserve Forces Act offence after the end of whichever of the following periods ends last—

(a) six months beginning with the date of commission of the offence;

(b) two months beginning with the date the offence becomes known to the person's commanding officer;

(d) if the offence was committed when the person was a relevant reservist, six months beginning with the date he ceases to be a relevant reservist.

(2) If—

(a) the offence was committed when the person was a relevant reservist, and

(b) he ceases to be a relevant reservist after committing it,

the period in subsection (1)(d) is not extended by his (again) becoming a relevant reservist within the six months beginning with the date he so ceased.

(3) In this section—

(a) the reference in subsection (1) to charging is to charging under section 120 or 122;

(b) “Reserve Forces Act offence” means an offence within section 50(2)(h) or (i);

(i) a member of a volunteer reserve force; or

(ii) a member of an ex-regular reserve force who is in full-time service service under a commitment entered into under section 24 of the Reserve Forces Act 1996 or subject to an additional duties commitment;

(d) “in full-time service” means in such service under a commitment entered into under section 24 of the Reserve Forces Act 1996 (c. 14).

(4) Where subsection (1) prohibits the charging (as defined by subsection (3)(a)) of a person with an offence, the power under section 123(2)(c) or 125(2)(c) may not be exercised so as to charge that person with that offence.

Chapter 3 — Double Jeopardy

Service proceedings barring subsequent service proceedings

63

(1) This section applies where a person—

(a) has been convicted or acquitted of a service offence; or

(b) has had a service offence taken into consideration when being sentenced;

and in this section “offence A” means the offence mentioned in paragraph (a) or (b).

(2) The Court Martial may not try that person for an offence (“offence B”) if—

(a) offence B is the same offence in law as offence A, or subsection (3) applies; and

(b) the alleged facts on which the charge in respect of offence B is based are the same, or substantially the same, as those on which the charge in respect of offence A was based.

(3) This subsection applies if—

(a) the person was convicted of offence A, or offence A was taken into consideration, and offence B is an offence all of whose elements are elements of offence A;

(b) the person was acquitted of offence A and offence B is an offence whose elements include all the elements of offence A; or

(c) the person was convicted or acquitted of offence A by the Court Martial or the Service Civilian Court and offence B is an offence of which under section 161 (alternative offences) he could have been convicted on acquittal of offence A.

(4) Where offence A is an offence taken into consideration which was not charged, the reference in subsection (2)(b) to the facts on which the charge in respect of offence A was based is to be read as a reference to the facts on which a charge in respect of offence A would have been based.

(5) Where by reason of this section a person cannot be tried by the Court Martial for an offence—

(a) the Service Civilian Court may not try him for that offence; and

(b) a charge against him in respect of that offence may not be heard summarily by an officer.

Service proceedings barring subsequent civilian proceedings

64

(1) This section applies where a person—

(a) has been convicted or acquitted of an offence under section 42 (criminal conduct); or

(b) has had such an offence taken into consideration when being sentenced.

(2) A civilian court in a relevant territory may not try that person for any offence for which, under the law of that territory, it would be debarred from trying him if he had been convicted or (as the case may be) acquitted by a court in England and Wales of the relevant offence.

(3) “The relevant offence” means the offence under the law of England and Wales which the act (or alleged act) constituting the offence under section 42 amounted to.

(4) Where that act (or alleged act) would amount to an offence under the law of England and Wales if it had been done in England or Wales, for the purposes of subsection (3) it shall be assumed to amount to that offence.

(5) In this section “relevant territory” means—

(a) England and Wales;

(b) Scotland;

(d) the Isle of Man.

(6) In this section “act” includes an omission and references to the doing of an act are to be read accordingly.

Sections 63 and 64: supplementary

65

(1) If a direction under section 127(1) or (2) has been made in relation to an offence, the person to whom the direction relates shall be treated—

(a) for the purposes of section 63, and

(b) in the case of a direction under section 127(2), for the purposes of section 64,

as if he had been acquitted of the offence.

(2) The reference in subsection (1)(a) above to section 63 does not include subsection (3)(c) of that section.

(3) For the purposes of sections 63 and 64 a person shall be taken not to have had an offence taken into consideration when being sentenced if the sentence has been quashed.

Civilian proceedings barring subsequent service proceedings

66

(1) The Court Martial may not try a person for an offence under section 42 (criminal conduct) if the act constituting the offence amounts to an offence under the law of England and Wales for which a civilian court in England and Wales would on the ground of autrefois acquit or autrefois convict be debarred from trying him.

(2) The Court Martial may not try a person for a non-criminal service offence (that is, a service offence not under section 42) if—

(a) any act constituting an element of the offence amounts to an offence under the law of England and Wales (“offence X”); and

(b) a civilian court in England and Wales would on the ground of autrefois acquit be debarred from trying the person for offence X.

(3) Where an act constituting—

(a) an offence under section 42, or

(b) an element of a non-criminal service offence,

would amount to an offence under the law of England and Wales if it had been done in England or Wales, it shall be assumed for the purposes of subsection (1) or (2) to amount to that offence.

(4) Where a civilian court (anywhere) has taken an offence into consideration in sentencing a person and the sentence has not been quashed, the person shall be treated for the purposes of subsection (1) as having been convicted by that court of that offence.

(5) Where by reason of this section a person cannot be tried by the Court Martial for an offence—

(a) the Service Civilian Court may not try him for that offence; and

(b) a charge against him in respect of that offence may not be heard summarily by an officer.

(6) This section does not apply in any case where the question whether a person can be tried for an offence (or dealt with summarily for it) is determined by section 63.

(7) In this section “act” includes an omission and references to the doing of an act are to be read accordingly.

Part 3 — Powers of Arrest, Search and Entry

Chapter 1 — Arrest etc

Powers of arrest

Power of arrest for service offence

67

(1) A person who is reasonably suspected of being engaged in committing, or of having committed, a service offence may be arrested in accordance with subsection (2), (3), (4) or (5) by a person subject to service law.

(2) An officer may be arrested under subsection (1)—

(a) by an officer of superior rank or, if engaged in a mutiny, quarrel or disorder, by an officer of any rank;

(b) by a service policeman; or

(i) is an officer; or

(ii) is acting on the order of an officer.

(3) A person of or below the rank or rate of warrant officer may be arrested under subsection (1)—

(a) by an officer;

(b) by a warrant officer or non-commissioned officer of superior rank or rate;

(d) by a person who is lawfully exercising authority on behalf of a provost officer; or

(e) if a member of a ship's company or an embarked force, by a person exercising authority as a member of the staff of the officer of the day.

(4) A civilian subject to service discipline may be arrested under subsection (1)—

(a) by an officer;

(b) by a service policeman; or

(5) Where none of subsections (2) to (4) applies in relation to the person to be arrested, that person may be arrested under subsection (1) by a service policeman.

(6) The power of arrest conferred on any person by this section may be exercised—

(a) personally;

(b) by giving orders for the arrest of the person who is to be arrested; or

Section 67: supplementary

68

(1) In section 67(2)(a) the reference to being engaged in a mutiny is a reference to committing an offence under section 6.

(2) For the purposes of section 67(3), a person who—

(a) is suspected of having committed a service offence while a member of Her Majesty's forces, and

(b) is not a member of Her Majesty's forces or a civilian subject to service discipline,

is to be treated in relation to the offence as being of the rank or rate which he held when he was last a member of Her Majesty's forces.

(3) For the purposes of section 67(4), a person who—

(a) is suspected of having committed a service offence while a civilian subject to service discipline, and

(b) is not a member of Her Majesty's forces or a civilian subject to service discipline,

is to be treated in relation to the offence as if he were a civilian subject to service discipline.

(4) Where a person may be charged (within the meaning of section 61(1)) with an offence only with the consent of the Attorney General (see section 61(2)), section 67(1) has effect in relation to the offence as if for the words from “in accordance with” to the end there were substituted “ by a service policeman ” (and as if section 67(2) to (5) were omitted).

Power of arrest in anticipation of commission of service offence

69

(1) A service policeman may arrest a person whom he reasonably suspects of being about to commit a service offence.

(2) Subsection (6) of section 67 applies in relation to the power of arrest conferred by this section as it applies in relation to the power of arrest conferred by that section.

(3) Where a person is arrested under this section—

(a) the arrest must be reported as soon as practicable to his commanding officer; and

(b) he may be kept in service custody until such time as a service policeman is satisfied that the risk of his committing the service offence concerned has passed.

Search on arrest

Search by service policeman upon arrest

70

(1) A service policeman may search an arrested person if he has reasonable grounds for believing that the arrested person may present a danger to himself or others.

(2) A service policeman may search an arrested person for anything that is subject to search if he has reasonable grounds for believing that the arrested person may have any such thing concealed on him.

(3) For the purposes of this section a thing is “subject to search” if—

(a) the arrested person might use it to assist him to escape from service custody; or

(b) in the case of an arrest under section 67 or 69, it might be evidence relating to a service offence.

(4) References in this section to an arrested person are to a person arrested under section 67, 69, 110, 111 or 303.

Search by other persons upon arrest

71

(1) A person (other than a service policeman) who is exercising a power of arrest may search the arrested person if he has reasonable grounds for believing that the arrested person may present a danger to himself or others.

(2) Subsection (4) (power to search arrested person for things subject to search) applies where—

(a) a person (“the arrested person”) is to be or has been arrested by a person other than a service policeman; and

(b) the commanding officer of the arrested person has reasonable grounds for believing that it is likely that that person would—

(i) escape from service custody, or

(ii) conceal, damage, alter or destroy evidence,

if a search for things subject to search could not be carried out before the earliest time by which it would be practicable to obtain the assistance mentioned in subsection (3).

(3) That assistance is—

(a) the assistance of a service policeman; or

(b) in a case where corresponding powers conferred by section 32(2)(a) of PACE or any other enactment are exercisable by a member of a UK police force, the assistance of a member of such a force who is capable of exercising those corresponding powers.

(4) Where this subsection applies, the commanding officer of the arrested person may order or authorise the person exercising the power of arrest to search the arrested person, on or after exercising the power, for anything that is subject to search.

(5) A commanding officer may give an order under subsection (4) only if he has reasonable grounds for believing that the arrested person may have concealed on him anything that is subject to search.

(6) A person authorised under subsection (4) may exercise the power of search conferred by that subsection only if he has reasonable grounds for believing that the arrested person may have concealed on him anything that is subject to search.

(7) Section 70(3) (meaning of things “subject to search”) applies for the purposes of this section.

(8) References in this section to arrest are to arrest under section 67, 110 or 111, and related expressions in this section are to be read accordingly.

(9) The Defence Council may by regulations provide for the delegation by a commanding officer of his functions under this section.

Sections 70 and 71: supplementary

72

(1) A person exercising the power conferred by section 70(2), or ordered or authorised under section 71(4), may search the arrested person only to the extent that is reasonably required for the purpose of discovering anything that is subject to search (within the meaning of those sections).

(2) Nothing in section 70 or 71 authorises anyone to require an arrested person to remove any of his clothing in public other than an outer coat, jacket, headgear or gloves.

(3) The reference in subsection (2) to headgear does not include headgear worn for religious reasons.

(4) Any power of search conferred by section 70 or 71 authorises the search of the arrested person's mouth.

Seizure and retention after search upon arrest

73

(1) A person exercising the power conferred by section 70(1) or 71(1) may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person.

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