Part 1

Offences

Offences against service justice

Resistance to arrest etc
28
1
A person subject to service law (“A”) commits an offence if another person (“B”), in the exercise of a power conferred by or under this Act, orders A into arrest and—
a
A disobeys the order;
b
A uses violence against B; or
c
A's behaviour towards B is threatening.
2
A person subject to service law, or a civilian subject to service discipline, commits an offence if—
a
he uses violence against a person who has a duty to apprehend him, or his behaviour towards such a person is threatening; and
b
he knows or has reasonable cause to believe that the person has a duty to apprehend him.
3
For the purposes of this section—
a
a person's “behaviour” includes anything said by him;
b
“threatening” behaviour is not limited to behaviour that threatens violence;
c
a “duty” to apprehend a person means such a duty arising under service law.
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. 28 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. 28 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4