Part 1

Offences

Neglect of duty and misconduct

Malingering
16
1
A person subject to service law commits an offence if, to avoid service—
a
he pretends to have an injury;
b
by any act he causes himself an injury;
c
by any act or omission he aggravates or prolongs any injury of his; or
d
he causes another person to injure him.
2
A person subject to service law commits an offence if, at the request of another person subject to service law (“B”) and with the intention of enabling B to avoid service—
a
by any act he causes B an injury; or
b
by any act or omission he aggravates or prolongs any injury of B.
3
In this section—
- “injury” includes any disease and any impairment of a person's physical or mental condition, and the reference to injuring is to be read accordingly;
- “service” includes any particular duty or kind of duty.
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 two years.
S. 16 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)
S. 16 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4