Part 1Offences

Criminal conduct

I1I242Criminal conduct

1

A person subject to service law, or a civilian subject to service discipline, commits an offence under this section if he does any act that—

a

is punishable by the law of England and Wales; or

b

if done in England or Wales, would be so punishable.

2

A person may be charged with an offence under this section even if he could on the same facts be charged with a different service offence.

3

A person guilty of an offence under this section is liable to—

a

if the corresponding offence under the law of England and Wales is under that law an offence punishable with imprisonment, any punishment mentioned in the Table in section 164;

b

otherwise, any punishment mentioned in rows 5 to 12 of that Table.

4

Any sentence of imprisonment or fine imposed in respect of an offence under this section must not exceed—

a

if the corresponding offence under the law of England and Wales is a summary offence, the maximum term of imprisonment or fine that could be imposed by a magistrates' court on summary conviction;

b

if that corresponding offence is an indictable offence, the maximum sentence of imprisonment or fine that could be imposed by the Crown Court on conviction on indictment.

5

In subsection (4) “a summary offence” and “an indictable offence” mean, respectively, a summary offence under the law of England and Wales and an indictable offence under that law.

6

In this section and sections 45 to 49 “act” includes an omission and references to the doing of an act are to be read accordingly.

7

In subsections (1) and (8) and sections 45 to 49 “punishable” means punishable with a criminal penalty.

8

In this Act “the corresponding offence under the law of England and Wales”, in relation to an offence under this section, means—

a

the act constituting the offence under this section; or

b

if that act is not punishable by the law of England and Wales, the equivalent act done in England or Wales.