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Armed Forces Act 2006

Status:

This is the original version (as it was originally enacted).

Sections 113, 116

SCHEDULE 2“Schedule 2 offences”

This schedule has no associated Explanatory Notes

1An offence under section 1 (assisting an enemy).

2An offence under section 2(1) (misconduct on operations).

3An offence under section 3 (obstructing operations) which relates to an action or operation against an enemy.

4An offence under section 4(1) or (2) (looting).

5An offence under section 6 (mutiny).

6An offence under section 7 (failure to suppress mutiny).

7An offence under section 8 (desertion) where the accused intended to avoid a period of active service (within the meaning of that section).

8An offence under section 31(1) (hazarding of ship).

9An offence under section 33(1) (dangerous flying etc).

10An offence under section 39 of attempting to commit an offence within any of paragraphs 1 to 9.

11An offence under section 40 of inciting another person to commit an offence within any of paragraphs 1 to 9.

12An offence under section 42 (criminal conduct) as respects which the corresponding offence under the law of England and Wales is—

(a)murder;

(b)manslaughter;

(c)kidnapping;

(d)high treason;

(e)piracy;

(f)cheating the public revenue;

(g)an offence under section 2 of the Treason Act 1842 (c. 51) (attempt to injure or alarm the Sovereign);

(h)an offence under section 3 of the Treason Felony Act 1848 (c. 12) (compassing the deposition of the Sovereign etc);

(i)an offence under section 4, 18, 22, 23, 28 or 29 of the Offences against the Person Act 1861 (c. 100) (soliciting murder, wounding with intent, using chloroform etc to commit indictable offence, administering poison, causing injury by explosives, using explosives etc with intent);

(j)an offence under section 20 of that Act of inflicting grievous bodily harm;

(k)an offence under section 2 or 3 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property etc);

(l)an offence under section 1 of the Public Bodies Corrupt Practices Act 1889 (c. 69) (corruption in office);

(m)an offence under section 1 of the Prevention of Corruption Act 1906 (c. 34) (corrupt transactions with agents), other than an offence falling within that section by virtue only of the third paragraph of subsection (1) of that section;

(n)an offence under section 1 or 2 of the Perjury Act 1911 (c. 6) (perjury or false statements on oath);

(o)an offence under section 1 or 7 of the Official Secrets Act 1911 (c. 28) (spying or harbouring spies);

(p)an offence under section 1 of the Infant Life (Preservation) Act 1929 (c. 34) (child destruction);

(q)an offence under section 1 of the Children and Young Persons Act 1933 (c. 12) (cruelty to children);

(r)an offence under section 1 of the Infanticide Act 1938 (c. 36) (infanticide);

(s)an offence under section 33 or 33A of the Sexual Offences Act 1956 (c. 69) (keeping a brothel etc);

(t)an offence under section 1 of the Geneva Conventions Act 1957 (c. 52) (grave breaches of conventions);

(u)an offence under section 2 of the Suicide Act 1961 (c. 60) (assisting suicide etc);

(v)an offence under section 5, 16, 16A, 17, 18 or 20 of the Firearms Act 1968 (c. 27) (unlawful possession or use of firearm etc);

(w)an offence under section 8, 10 or 21 of the Theft Act 1968 (c. 60) (robbery, aggravated burglary, blackmail);

(x)an offence under section 12A of that Act (aggravated vehicle taking) involving an accident which caused the death of any person;

(y)an offence under section 4, 5(3) or 8 of the Misuse of Drugs Act 1971 (c. 38) (production and supply of controlled drugs, possession of such drugs with intent to supply, permitting production of such drugs);

(z)an offence under section 1(2) of the Criminal Damage Act 1971 (c. 48) (destroying or damaging property with intent to endanger life);

(aa)an offence under section 1 of the Biological Weapons Act 1974 (c. 6) (developing biological agents etc);

(ab)an offence under section 51 of the Criminal Law Act 1977 (c. 45) (bomb hoaxes);

(ac)an offence under section 1 of the Protection of Children Act 1978 (c. 37) (indecent photographs of children);

(ad)an offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty etc);

(ae)an offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking);

(af)an offence under any of sections 1 to 4 of the Aviation Security Act 1982 (c. 36) (hijacking, destroying, damaging or endangering safety of aircraft etc);

(ag)an offence under section 1 or 2 of the Child Abduction Act 1984 (c. 37) (abduction of child);

(ah)an offence under any of sections 1 and 18 to 23 of the Public Order Act 1986 (c. 64) (riot, stirring up racial or religious hatred, possession of inflammatory material);

(ai)an offence under section 134 or 160 of the Criminal Justice Act 1988 (c. 33) (torture, possession of indecent photograph of child);

(aj)an offence under section 1, 3A or 22A of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving, causing death by careless driving when under the influence of drink or drugs, causing danger to road-users);

(ak)an offence under any of sections 1 to 6 or 8(6) of the Official Secrets Act 1989 (c. 6) (disclosure of information relating to security, intelligence, defence, international relations etc);

(al)an offence under any of sections 1 or 9 to 13 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes, offences against the safety of ships and fixed platforms);

(am)an offence under section 72 of the Value Added Tax Act 1994 (c. 23) (evasion of VAT);

(an)an offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system);

(ao)an offence under section 2 of the Chemical Weapons Act 1996 (c. 6) (use etc of chemical weapons);

(ap)an offence under section 11, 12, 15, 16, 17, 18, 38B, 39, 54, 56, 57 or 58 of the Terrorism Act 2000 (c. 11);

(aq)an offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes etc);

(ar)an offence under section 47, 79, 80, 113 or 114 of the Anti-terrorism, Crime and Security Act 2001 (c. 24);

(as)an offence under section 1 of the Dealing in Cultural Objects (Offences) Act 2003 (c. 27) (dealing in tainted cultural objects);

(at)any offence under Part 1 of the Sexual Offences Act 2003 (c. 42) except one under section 3, 66, 67 or 71;

(au)an offence under any of sections 1, 2, 5, 6 or 8 to 11 of the Terrorism Act 2006.

13An offence under section 42 as respects which the corresponding offence under the law of England and Wales is—

(a)an offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit an offence within a sub-paragraph of paragraph 12;

(b)an offence under section 1 of the Criminal Law Act 1977 (c. 45) of conspiracy to commit such an offence;

(c)an offence of incitement to commit such an offence.

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