Part 1

Offences

Offences against service justice

Offences in relation to service custody
29
1
A person subject to service law, or a civilian subject to service discipline, commits an offence if he escapes from lawful custody.
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 in whose lawful custody he is, or his behaviour towards such a person is threatening; and
b
he knows or has reasonable cause to believe that the custody is lawful.
3
For the purposes of this section—
a
references to custody are to service custody;
b
a person's behaviour includes anything said by him;
c
“threatening” behaviour is not limited to behaviour that threatens violence.
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. 29 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. 29 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4