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Armed Forces Act 2006

Section 5: Failure to escape etc

53.It is an offence for service personnel who have been captured by an enemy:

  • to fail to escape (or otherwise rejoin HM Forces), where they could reasonably be expected to take steps to do so, or

  • to intentionally prevent or discourage a member of HM Forces from taking reasonable steps to do so.

54.Service personnel are not required to take steps which could not reasonably be expected, for example because of the danger involved or the individual’s physical condition.

55.The maximum sentence for this offence is ten years’ imprisonment.

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