Armed Forces Act 2006

Armed Forces Act 2006

2006 CHAPTER 52

Commentary

First Group of Parts – Discipline

Part 1 – Offences

Ships and aircraft

Section 37: Prize offences by officer in command of ship or aircraft

110. During an armed conflict COs are entitled to capture (as “prize”) most enemy ships and aircraft, and any goods in them. Under International Law they must bring the captured enemy ship, aircraft or goods to an appropriate place for a proper adjudication on whether they were lawfully seized (and can therefore properly be deemed as “prize”). It is an offence if a person in command of a service ship or aircraft unlawfully fails to:

• ensure that all papers which identify the captured ship or aircraft are sent to a court which can determine whether the ship, aircraft or goods are prize, and

• bring the ship, aircraft or goods to a convenient place for adjudication.

111. The failure will not be unlawful if caused, for example, by enemy action.