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Armed Forces Act 2006

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This is the original version (as it was originally enacted).

Offences against service justice

27Obstructing or failing to assist a service policeman

(1)A person within subsection (2) commits an offence if—

(a)he intentionally obstructs, or intentionally fails to assist when called upon to do so, a person who is—

(i)a service policeman acting in the course of his duty; or

(ii)a person subject to service law lawfully exercising authority on behalf of a provost officer; and

(b)he knows or has reasonable cause to believe that that person is a service policeman or a person exercising authority on behalf of a provost officer.

(2)A person is within this subsection if he is—

(a)a person subject to service law; or

(b)a civilian subject to service discipline.

(3)A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.

28Resistance to arrest etc

(1)A person subject to service law (“A”) commits an offence if another person (“B”), in the exercise of a power conferred by or under this Act, orders A into arrest and—

(a)A disobeys the order;

(b)A uses violence against B; or

(c)A’s behaviour towards B is threatening.

(2)A person subject to service law, or a civilian subject to service discipline, commits an offence if—

(a)he uses violence against a person who has a duty to apprehend him, or his behaviour towards such a person is threatening; and

(b)he knows or has reasonable cause to believe that the person has a duty to apprehend him.

(3)For the purposes of this section—

(a)a person’s “behaviour” includes anything said by him;

(b)“threatening” behaviour is not limited to behaviour that threatens violence;

(c)a “duty” to apprehend a person means such a duty arising under service law.

(4)A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.

29Offences in relation to service custody

(1)A person subject to service law, or a civilian subject to service discipline, commits an offence if he escapes from lawful custody.

(2)A person subject to service law, or a civilian subject to service discipline, commits an offence if—

(a)he uses violence against a person in whose lawful custody he is, or his behaviour towards such a person is threatening; and

(b)he knows or has reasonable cause to believe that the custody is lawful.

(3)For the purposes of this section—

(a)references to custody are to service custody;

(b)a person’s behaviour includes anything said by him;

(c)“threatening” behaviour is not limited to behaviour that threatens violence.

(4)A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.

30Allowing escape, or unlawful release, of prisoners etc

(1)A person subject to service law commits an offence if—

(a)he knows that a person is committed to his charge, or that it is his duty to guard a person;

(b)he does an act that results in that person’s escape; and

(c)he intends to allow, or is reckless as to whether the act will allow, that person to escape, or he is negligent.

(2)A person subject to service law commits an offence if—

(a)he knows that a person is committed to his charge;

(b)he releases that person without authority to do so; and

(c)he knows or has reasonable cause to believe that he has no such authority.

(3)In this section “act” includes an omission and the reference to the doing of an act is to be construed accordingly.

(4)A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed—

(a)in the case of an offence under subsection (1) where the offender intended to allow the person to escape, or an offence under subsection (2) where the offender knew he had no authority to release the person, ten years;

(b)in any other case, two years.

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