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Armed Forces Act 2006

Section 11: Misconduct towards a superior officer

64.This section penalises misconduct by a person subject to service law towards a superior officer. “Superior officer” is defined by section 374 as an officer, warrant officer or non-commissioned officer of senior rank or rate to the offender or of the same rank or rate but having authority over him. The offender must know or have reasonable cause to believe that his misconduct is directed towards a superior officer. Misconduct means:

  • violence against a superior officer (subsection (1))

  • threatening or disrespectful behaviour towards a superior officer (subsection (2))

65.The misconduct referred to in subsection (2) includes sending communications which are threatening or disrespectful (such as by a note or e-mail) to a superior; and threatening behaviour is not limited to threats of violence. It would include, for example, a threat to damage the superior’s property (subsection (3)).

66.The maximum penalty for an offence involving violence or threatening behaviour is ten years’ imprisonment; disrespectful behaviour is punishable with a maximum of two years’ imprisonment.

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