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Departments: Crime

Volume 463: debated on Tuesday 24 July 2007

To ask the Secretary of State for Defence what criminal offences have been created by primary legislation sponsored by his Department since October 2006. (149594)

The Ministry of Defence has sponsored one piece of primary legislation since October 2006; the Armed Forces Act 2006. That Act maintains in force, with modifications, a number of offences which are currently in the Service Discipline Acts (the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957). A summary of the main offences in the Act is as follows.

Assisting an enemy, section 1

Misconduct on operations, section 2

Obstructing operations, section 3

Looting, section 4

Failure to escape etc, section 5

Mutiny, section 6,

Failure to suppress mutiny, section 7

Desertion, section 8,

Absence without leave, section 9,

Failure to cause apprehension of deserters or absentees, section 10,

Misconduct towards a superior officer, section 11

Disobedience to lawful commands, section 12

Contravention of standing orders, section 13

Using force against a sentry, section 14

Failure to attend for or perform duty etc, section 15

Malingering, section 16,

Disclosure of information useful to an enemy, section 17,

Making false records etc, section 18,

Conduct prejudicial to good order and discipline, section 19,

Unfitness or misconduct through alcohol or drugs, section 20,

Fighting or threatening behaviour etc, section 21,

Ill-treatment of subordinates, section 22,

Disgraceful conduct of a cruel or indecent kind, section 23,

Damage to or loss of public or service property, section 24,

Misapplying or wasting public or service property, section 25,

Obstructing or failing to assist a service policeman, section 27,

Resistance to arrest etc, section 28,

Offences in relation to service custody, section 29,

Allowing escape, or unlawful release, of prisoners etc, section 30,

Hazarding of ship, section 31,

Giving false air signals etc, section 32

Dangerous flying etc, section 33,

Low flying, section 34,

Annoyance by flying, section 35,

Inaccurate certification, section 36,

Prize offences by officer in command of ship or aircraft, section 37,

Other prize offences, section 38,

Attempts, section 39,

Incitement, section 40,

Aiding, abetting, counselling or procuring, section 41,

Sections 42 to 48 do not create offences but provide for criminal conduct punishable by the law of England and Wales to be dealt with under the 2006 Act.

Failure to attend a hearing following release from custody after charge, section 107

Service restraining orders, section 229

Financial statement orders, section 266

Failing to provide a drug sample, section 305

Failing to comply with requirement for a sample for analysis, section 306,

Misbehaviour in court etc, section 309

Aiding or abetting etc desertion or absence without leave, section 344

Aiding or abetting etc malingering, section 345,

Obstructing persons subject to service law in course of duty, section 346.