First Group of Parts

Discipline
Part 1

Offences

Assisting an enemy, misconduct on operations etc

Failure to escape etc
5
1
Subsections (2) and (3) apply to a person subject to service law who has been captured by an enemy.
2
A person to whom this subsection applies commits an offence if—
a
he is aware of steps that he could take to rejoin Her Majesty’s forces;
b
he could reasonably be expected to take those steps; and
c
without lawful excuse, he fails to take them.
3
A person to whom this subsection applies commits an offence if, without lawful excuse, he intentionally prevents or discourages another person subject to service law who has been captured by an enemy from taking any reasonable steps to rejoin Her Majesty’s forces.
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 ten years.