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Armed Forces Act 1971

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Changes over time for: Cross Heading: Malingering, drunkenness and disorderly conduct

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Version Superseded: 28/03/2009

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Point in time view as at 31/01/1997.

Changes to legislation:

There are currently no known outstanding effects for the Armed Forces Act 1971, Cross Heading: Malingering, drunkenness and disorderly conduct. Help about Changes to Legislation

Malingering, drunkenness and disorderly conductU.K.

14 Malingering. U.K.

Section 42(1)(c) of the Army Act 1955 (under which the injuring of another person can constitute malingering only if he is a person subject to military law), section 42(1)(c) of the Air Force Act 1955 (under which the person injured must be subject to air-force law), and section 27(1) of the Naval Discipline Act 1957 (under which malingering does not include injury to others) shall be amended as follows:—

(a)in the said sections 42(1)(c), the words “service law” shall be substituted for the words “military law” or, as the case may be, “air-force law”, and

(b)in the said section 27(1), after the words “with that intent” there shall be inserted the words “if he injures another person subject to service law at the instance of that other person and with intent thereby to render that other person unfit for service”.

Modifications etc. (not altering text)

C1The text of ss. 2–25, 27–32, 34–50, 52, 53, 55–63, 65, 66, 68, 70–75, 77(1), Schs. 2, 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

15 Drunkeness. U.K.

(1)Section 43 of the M1Army Act 1955 and section 43 of the M2Air Force Act 1955 shall each be amended—

(a)by omitting the proviso to subsection (1) (under which the maximum term of imprisonment for drunkenness is reduced from two years to six months in the case of an offence committed by a warrant officer, non-commissioned officer, soldier or airman who is neither on active service nor on duty), and

(b)by substituting in subsection (2) (under which one test of drunkenness is whether a person is unfit to be entrusted with his duty or any duty he may be called upon to perform) for the words “he may be called upon to perform” the words “he might reasonably expect to be called upon to perform”.

(2)Section 28 of the M3Naval Discipline Act 1957 shall be amended so as to correspond with the provisions referred to in subsection (1) above as amended by that subsection, that is to say, by inserting after the word “might” the words “reasonably expect to”.

Modifications etc. (not altering text)

C2The text of ss. 2–25, 27–32, 34–50, 52, 53, 55–63, 65, 66, 68, 70–75, 77(1), Schs. 2, 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

16 Disorderly conduct. U.K.

(1)The following provision shall be inserted in the Army Act 1955 after section 43:—

Disorderly conductU.K.
43A Fighting, threatening words etc.

Any person subject to military law who, threatening without reasonable excuse—

(a)fights with any other person, whether subject to military law or not, or

(b)uses threatening, abusive, insulting or provocative words or behaviour likely to cause a disturbance,

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.

(2)The provision set out in subsection (1) above shall also be inserted in the Air Force Act 1955 after section 43, but modified for that purpose by the substitution throughout of “air-force law” for “military law”.

(3)Section 13 of the Naval Discipline Act 1957 shall be amended so as to correspond with the said provision, that is to say, by inserting the words “without reasonable excuse” at the end of the words preceding paragraph (a), and by omitting the words “or quarrels” after the word “fights” in that paragraph.

Modifications etc. (not altering text)

C3The text of ss. 2–25, 27–32, 34–50, 52, 53, 55–63, 65, 66, 68, 70–75, 77(1), Schs. 2, 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

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