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Armed Forces Act 2006

Type Public General Act

Publication 2006-11-08

State In force

Department Statute Law Database

Source legislation.gov.uk

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

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