Offences relating to service matters punishable by civilian courts
700.This group of sections creates several criminal offences relating to service matters that can be committed by any person.
Section 344: Aiding or abetting etc desertion or absence without leave
701.Subsection (1) makes it an offence to aid, abet, counsel or procure the commission by another person of an offence under section 8 (desertion) or section 9 (absence without leave). (An offence under section 8 or 9 may only be committed by a person who is subject to service law.)
702.Subsection (2) makes it an offence intentionally to do something (or omit to do something) that causes a person, whom the offender knows to be subject to service law, to be absent without leave.
703.Subsection (3) makes it an offence intentionally to impede the apprehension or prosecution of a person subject to service law who has committed an offence contrary to section 8 or 9 where the offender knows or believes the person subject to service law to be guilty of the relevant offence.
704.Subsection (4) provides that an offence contrary to this section may be committed in a “relevant territory” by any person, but outside a “relevant territory” only by a UK national or by a person who is resident in a “relevant territory”. Subsection (5) defines “relevant territory” as the UK, the Isle of Man or a British overseas territory.
705.Subsection (7) specifies the maximum sentences that may be passed on a person guilty of an offence under this section on summary conviction and on conviction on indictment. The term “statutory maximum” used at subsection (7)(a) is defined at section 377(6) and (7).
Section 341: Aiding or abetting etc malingering
706.Subsection (1) makes it an offence to aid, abet, counsel or procure the commission by another person of an offence under section 16 (malingering). (An offence under section 16 may only be committed by a person who is subject to service law.)
707.Subsection (2) makes it an offence to do something that causes a person, whom the offender knows to be subject to service law, an injury, or to do something that aggravates or prolongs an injury of his with the intention that the person subject to service law will avoid service.
708.Subsection (3) makes it an offence to do something that causes a person, whom the offender knows to be subject to service law, to believe that he has an injury, or to do something that causes another person to believe that the person subject to service law has an injury, with the intention that the person subject to service law will avoid service.
709.Subsection (4) provides that an offence contrary to this section may be committed in a “relevant territory” by any person, but outside a “relevant territory” only by a UK national or by a person who is resident in a “relevant territory”. Subsection (5) defines “relevant territory” as the UK, the Isle of Man or a British overseas territory.
Section 346: Obstructing persons subject to service law in course of duty
710.Subsection (1) provides that it is an offence for any person intentionally to obstruct someone subject to service law acting in the course of his duty, if he knows or has reasonable cause to believe that the person he is obstructing is subject to service law.
711.Subsection (2) specifies that the offence may only be committed in the UK, the Isle of Man or a British overseas territory.
712.Subsection (3) specifies the maximum sentences that may be passed on a person guilty of an offence under this section on summary conviction.
Section 347: Sections 344 to 346: supplementary provisions
713.Subsection (1) provides that where an offence contrary to section 340 or 341 is committed in a British overseas territory, proceedings may be taken and the offence may otherwise be treated as having been committed in the UK or the Isle of Man. It also provides that this shall not prevent proceedings being taken for the offence in that British overseas territory.
714.Subsection (2) provides that where an offence contrary to section 340 or 341 is committed otherwise than in the UK, the Isle of Man or a British overseas territory, proceedings may be taken and the offence may otherwise be treated as having been committed in the UK, the Isle of Man or a British overseas territory.
715.Subsection (3) defines “United Kingdom national” for the purposes of sections 344 and 345.
716.Subsection (4) specifies what is meant by references in sections 344 to 346 to a person knowing, or having reasonable cause to believe, that another person is subject to service law.
Section 348: British overseas territories: references to maximum penalties
717.This section makes provision regarding sentences that can be imposed in a British overseas territory following a conviction for an offence under sections 344, 345 or 346 or under regulations made by virtue of section 343(5)(b) (Service inquiries). It empowers the British overseas territory to provide in law for the maximum sentence of imprisonment or the maximum fine to be higher or lower than that provided for in the Act, and in addition empowers it to specify the amount of local currency that is to be considered as equivalent to the maximum fine.
718.The effect of this is to allow British overseas territories to set penalties in line with those provided for under their own law for similar offences, taking into account matters such as average local incomes which may differ from those in the UK.
