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The main Offences against military law in the United Kingdom are set out in the Armed Forces Act 2006.[1]
The offences fall into two main categories, discipline offences and criminal conduct offences. A second distinction is between those offences that can be dealt with by a Commanding Officer in a summary hearing, and those that can only be heard by the Court Martial.
Discipline offences are those offences that can only be committed by members of the armed forces or, in a few cases, by a civilian subject to service discipline.
The table below lists the principal discipline offences, and indicates for each offence:
Note: Rehabilitation of Offenders Act 1974 only applies to the sentences of 2.5 years or less.
Sec[4] | Offence | Definition, example or notes[5] | Civilian? | Summary hearing? |
Maximum sentence at court martial |
---|---|---|---|---|---|
1 | Assisting an enemy |
|
No | No | Life imprisonment |
2 | Misconduct on operations |
|
No | No | Life imprisonment |
3 | Obstructing operations |
|
No | No | If in action with the enemy, life imprisonment. Otherwise, 10 years' imprisonment |
4 | Looting |
|
Yes | No | Life imprisonment |
4 | Looting |
|
Yes | Yes | Seven years' imprisonment |
50 | Failing to escape |
|
No | No | 10 years' imprisonment |
6 | Mutiny |
|
No | No | Life imprisonment |
7 | Failing to suppress mutiny | Failing to prevent or suppress a mutiny he knows is occurring or is intended | No | No | Life imprisonment |
8 | Desertion |
|
No | No | Two years' imprisonment |
8 | Desertion |
|
No | No | Life imprisonment |
9 | Absence without leave |
|
No | Yes | Two years' imprisonment |
10 | Failing to apprehend deserters or absentees | Knowing that another is a deserter or absent without leave, failing to take reasonable steps to apprehend them | No | Yes | Two years' imprisonment |
11 | Misconduct towards a superior officer |
|
No | Yes | 10 years' imprisonment |
11 | Misconduct towards a superior officer |
|
No | Yes | Two years' imprisonment |
12 | Disobeying lawful commands | Intentionally or recklessly disobeying a lawful command | No | Yes | 10 years' imprisonment |
13 | Contravening standing orders | Contravening a standing order he should be aware of | Yes | Yes | Two years' imprisonment |
14 | Using force against a sentry |
|
No | Yes | Two years' imprisonment |
15 | Failing to attend for, or perform, duty |
|
No | Yes | Two years' imprisonment |
16 | Malingering |
|
No | Yes | Two years' imprisonment |
16 | Malingering |
|
No | No | Two years' imprisonment |
17 | Disclosing information useful to an enemy | Disclosing information known or believed to be useful to an enemy, without lawful authority | No | Yes | Two years' imprisonment |
18 | Making false records |
|
No | Yes | Two years' imprisonment |
19 | Conduct prejudicial to good order and discipline |
|
No | Yes | Two years' imprisonment |
20 | Unfitness or misconduct through alcohol or drugs | Due to the influence of alcohol or any intoxicant (unless given on medical advice or the orders of a superior officer)
|
No | Yes | Two years' imprisonment |
21 | Fighting or threatening behaviour |
|
No | Yes | Two years' imprisonment |
22 | Ill-treating subordinates | Bullying, humiliating, degrading or using unnecessarily harsh behaviour against a subordinate | No | Yes | Two years' imprisonment |
23 | Disgraceful conduct of a cruel or indecent kind | Note: an act of a sexual nature that occurs in private between consenting adults is not generally regarded as indecent | No | Yes | Two years' imprisonment (They may also be placed on the Violent and Sex Offender Register for any period of time, even life) |
24 | Damage to, or loss of, public property | Intentionally, without lawful excuse, or recklessly damaging or causing the loss of public or military property, or properly belonging to another service person | No | Yes | 10 years' imprisonment |
24 | Damage to, or loss of, public or service property |
|
No | Yes | Two years' imprisonment |
25 | Misapplying or wasting public or service property |
|
No | Yes | Dismissal with disgrace |
27 | Obstructing or failing to assist a service policeman |
|
Yes | Yes | Two years' imprisonment |
28 | Resisting arrest |
|
No | Yes | Two years' imprisonment |
28 | Resisting arrest |
|
Yes | Yes | Two years' imprisonment |
29 | Service custody offences |
|
Yes | Yes | Two years' imprisonment |
30 | Allowing escape or unlawful release of prisoners |
Note: prisoner can be a service person, prisoner of war or other detainee |
No | Yes | With intent or knowledge: ten years' imprisonment. Otherwise, two years' imprisonment |
31 | Hazarding a ship |
|
No | No | Life imprisonment |
31 | Hazarding a ship |
|
No | No | Two years' imprisonment |
32 | Giving false air signals |
|
No | No | Life imprisonment |
33 | Dangerous flying |
|
No | No | Life imprisonment |
33 | Dangerous flying |
|
No | No | Two years' imprisonment |
34 | Low flying | Intentionally, recklessly or negligently flying below 2,000 feet (610 m) (fixed wing aircraft) or 500 feet (152 m) (helicopters) | No | Yes | Two years' imprisonment |
35 | Annoyance by flying | Flying an aircraft so as to annoy any person | No | Yes | Dismissal with disgrace |
36 | Inaccurate certification | Making or signing an inaccurate certificate relating to a ship, aircraft or specified equipment | No | Yes | Two years' imprisonment |
37 - 38 | Prize offences | Having captured a ship or aircraft:
|
No | No | Two years' imprisonment |
305 | Failing to provide a sample for drug testing | Relates to testing for illegal drugs | No | Yes | 51 weeks' imprisonment |
306 | Failing to provide a sample for alcohol or drug testing | Relates to testing for alcohol or illegal drugs after a serious incident | Yes | Yes | 51 weeks' imprisonment |
The military offence of criminal conduct covers anything done anywhere in the world that, if done in England and Wales, would be against the civilian criminal law.[6]
A Commanding Officer can deal with some criminal conduct offences committed by a service person at a summary hearing, including:[7]
Some more serious offences can be dealt with summarily with the permission of a major general or equivalent:[8]
Criminal conduct offences committed by a civilian subject to service discipline (such as a contractor or civil servant supporting operations) are dealt with by the Service Civilian Court if they could be tried by a magistrates' court in England and Wales.
More serious offences, whether committed by a service person or a civilian subject to service discipline, must be tried by the Court Martial.
The maximum punishment that can be imposed for criminal conduct is the same as could be imposed by the appropriate civilian court, the Magistrates' Court for minor offences, or the Crown Court for serious (indictable) offences.
The punishments that can be imposed on a convicted service person are:[9]
A civilian convicted by a military court may be sentenced to one of the following punishments:[10]
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