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Armed Forces Act 2006

Changes over time for: Cross Heading: Property offences

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Changes to legislation:

Armed Forces Act 2006, Cross Heading: Property offences is up to date with all changes known to be in force on or before 12 December 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Part 1 Crossheading Property-offences:

  • specified provision(s) transitional provisions for effects of commencing SI 2009/812 by S.I. 2009/1059 Order

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • Pt. 12A inserted by 2016 c. 21 s. 7
  • s. 50(2)(ca) inserted by 2011 c. 18 Sch. 4 para. 3(3) (This amendment not applied to legislation.gov.uk. Sch. 4 para. 3(3) repealed (8.3.2015) without ever being in force by 2014 c. 12, Sch. 11 para. 82(2); S.I. 2015/373, art. 2(g)(ii))
  • s. 270A 270B inserted by 2008 c. 4 Sch. 25 para. 27 (This amendment not applied to legislation.gov.uk. Sch. 25 para. 26(3)(4) repealed (2.4.2012) by 2011 c. 18, Sch. 3 para. 20(3), Sch. 5; S.I. 2012/669, art. 4(d)(f) (with art. 13))
  • s. 270B(6)(aa) inserted by 2009 c. 25 Sch. 17 para. 9(2) (This amendment not applied to legislation.gov.uk. Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))
  • s. 270B(10) word repealed by 2009 c. 25 Sch. 23 Pt. 5
  • s. 270B(10)(a) words inserted by 2009 c. 25 Sch. 17 para. 9(3)(a) (This amendment not applied to legislation.gov.uk. Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))
  • s. 270B(10)(b) words substituted by 2009 c. 25 Sch. 17 para. 9(3)(b) (This amendment not applied to legislation.gov.uk. Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))
  • s. 270B(10)(c)-(e) inserted by 2009 c. 25 Sch. 17 para. 9(3)(c) (This amendment not applied to legislation.gov.uk. Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))
  • s. 304B inserted by 2016 c. 21 s. 8
  • s. 304C inserted by 2016 c. 21 s. 9
  • s. 304D inserted by 2016 c. 21 s. 10
  • s. 304E inserted by 2016 c. 21 s. 11
  • s. 304F-304H inserted by 2016 c. 21 s. 12
  • Sch. 1 para. 14A inserted by 2019 c. 17 s. 67(2)
  • Sch. 1 para. 16A inserted by 2019 c. 17 s. 67(3)
  • Sch. 1 para. 21-24 inserted by 2019 c. 17 s. 67(4)
  • Sch. 2 para. 12(az) inserted by 2018 c. 5 Sch. 12 para. 28

Property offencesU.K.

24Damage to or loss of public or service propertyU.K.

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

(a)he does an act that causes damage to or the loss of any public or service property or any property belonging to another person subject to service law; and

(b)either—

(i)he intends to cause damage to or the loss of the property, and there is no lawful excuse for his act; or

(ii)he is reckless as to whether he causes damage to or the loss of the property.

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

(a)negligently, he does an act that causes damage to or the loss of any public or service property; or

(b)he does an act that is likely to cause damage to or the loss of any public or service property and—

(i)he is reckless as to whether he causes damage to or the loss of the property; or

(ii)he is negligent.

(3)For the purposes of this section—

(a)act” includes an omission and references to the doing of an act are to be read accordingly;

(b)references to causing include allowing;

(c)loss” includes temporary loss;

(d)property” means property of a tangible nature, and references to public or service property 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, but any sentence of imprisonment imposed in respect of the offence must not exceed—

(a)in the case of an offence under subsection (1), ten years;

(b)in the case of an offence under subsection (2), two years.

Commencement Information

I1S. 24 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2S. 24 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

25Misapplying or wasting public or service propertyU.K.

(1)A person subject to service law commits an offence if he misapplies or wastes any public or service property.

(2)A person guilty of an offence under this section is liable to any punishment mentioned in rows 2 to 12 of the Table in section 164.

Commencement Information

I3S. 25 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I4S. 25 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

26Sections 24 and 25: “public property” and “service property”U.K.

(1)This section applies for the purposes of sections 24 and 25.

(2)Public property” means property belonging to or held for the purposes of—

(a)a department of the Government of the United Kingdom;

(b)any part of the Scottish Administration;

(c)a Northern Ireland department; or

(d)the National Assembly for Wales.

(3)Service property” means property—

(a)belonging to or used for the purposes of any of Her Majesty's forces;

(b)belonging to a Navy, Army and Air Force Institute; or

(c)belonging to an association established, or having effect as if established, under section 110 of the Reserve Forces Act 1996 (c. 14) (reserve associations).

Commencement Information

I5S. 26 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I6S. 26 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

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