PART IIAmendments of Services Acts etc.
Offences
2Interference etc. with equipment, messages or signals
(1)
“44BInterference etc. with equipment, messages or signals.
(1)
Any person subject to military law who by any conduct of his—
(a)
intentionally impairs the efficiency or effectiveness of any equipment which is public or service property ; or
(b)
intentionally interferes with or modifies any message or other signal which is being transmitted, by means of a telecommunication system, directly or indirectly to or from any such equipment,
shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.
(2)
Any person subject to military law who is guilty of any conduct which is likely to have the effect—
(a)
of impairing the efficiency or effectiveness of any such equipment; or
(b)
of interfering with or modifying any such message or signal,
shall (whether or not that conduct has that effect) be liable, on conviction by court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
(3)
It shall be a defence for a person charged with an offence under subsection (2) of this section in respect of any conduct likely to have a particular effect that, in the circumstances, his conduct was in all respects consistent with the exercise of reasonable care to avoid producing that effect.
(4)
For the purposes of this section the efficiency or effectiveness of any equipment is impaired if, whether or not it is damaged, the equipment is made temporarily or permanently less efficient or effective either for all purposes or for a particular purpose for which it has been designed, adapted, adjusted or programmed.
(5)
In this section—
' conduct' includes any act or omission;
' equipment' includes any apparatus, any computer and any vessel, aircraft or vehicle; and
' telecommunication system ' has the same meaning as in the M2Telecommunications Act 1984.”
(2)
The provisions set out in subsection (1) above shall also be inserted after section 44A of the M3Air Force Act 1955 and, as section 29B, after section 29A of the 1957 Act, but as if—
(a)
in those provisions, as inserted in the Air Force Act 1955, for the words " military law ", in each place where they occur, there were substituted the words " air-force law "; and
(b)
in those provisions, as inserted in the 1957 Act—
(i)
for the words " military law ", in each place where they occur, there were substituted the words " this Act " ;
(ii)
the words " on conviction by court-martial", in each place where they occur, were omitted; and
(iii)
for the words " punishment provided", in each place where they occur, there were substituted the words " punishment authorised ".