Air Force Act 1955

Offences relating to property

44 Offences in relation to public and service property

(1) Any person subject to air-force law who—

(a) steals or fraudulently misapplies any public or service property, or is concerned in or connives at the stealing or fraudulent misapplication of any public or service property, or

(b) receives any public or service property knowing it to have been stolen or to have been fraudulently misapplied, or

(c) wilfully damages, or is concerned in the wilful damage of, any public or service property, or

(d) by wilful neglect, causes damage by fire to any public or service property,

shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.

(2) Without prejudice to the generality of the foregoing provisions of this section, any person subject to air-force law who—

(a) wilfully damages, or is concerned in the wilful damage of, any of Her Majesty's aircraft or aircraft material, or

(b) by wilful neglect causes the damage or loss of any of Her Majesty's aircraft or aircraft material, or

(c) without lawful authority disposes of any of Her Majesty's aircraft or aircraft material,

shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.

(3) Any person subject to air-force law who during a state of war wilfully and without proper occasion or negligently causes the sequestration by or under the authority of a neutral state or the destruction in a neutral state of any of Her Majesty's aircraft shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act:

Provided that if he has not acted wilfully or with wilful neglect he shall not be liable to imprisonment for a term exceeding two years.

45 Offences in relation to property of members of forces

Any person subject to air-force law who—

(a) steals or fraudulently misapplies any property belonging to a person subject to air-force law, or is concerned in or connives at the stealing or fraudulent misapplication of any such property, or

(b) receives any such property knowing it to have been stolen or to have been fraudulently misapplied, or

(c) wilfully damages, or is concerned in the wilful damage of, any property belonging to a person subject to air-force law,

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

46 Miscellaneous offences relating to property

Any person subject to air-force law who—

(a) loses, or by negligence damages, any public or service property of which he has the charge or which has been entrusted to his care or which forms part of property of which he has the charge or which has been entrusted to his care, or

(b) by negligence loses or damages any of Her Majesty's aircraft or aircraft material, or

(c) is guilty of any act or neglect likely to cause damage to or the loss of any of Her Majesty's aircraft or aircraft material, or

(d) by negligence causes damage by fire to any public or service property, or

(e) loses, or by negligence damages, any clothing, arms, ammunition or other equipment issued to him for his use for air-force purposes, or

(f) fails to take proper care of any animal or bird used in the public service which is in his charge, or

(g) makes away (whether by pawning, selling, destruction or in any other way) with any air-force, naval or military decoration granted to him or any clothing, arms, ammunition or other equipment issued to him for his use for air-force purposes,

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act:

Provided that it shall be a defence for any person charged under this section with losing any property, clothing, arms, ammunition or other equipment that he took reasonable steps for the care and preservation thereof.