Point in time view as at 28/03/2009. This version of this provision has been superseded.
Armed Forces Act 2006, Section 38 is up to date with all changes known to be in force on or before 07 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)A person subject to service law commits an offence if—
(a)he ill-treats a person who is on board a ship or aircraft when it is taken as prize; or
(b)he unlawfully takes anything in the possession of such a person.
(2)A person subject to service law commits an offence if he unloads, unpacks or otherwise interferes with any goods that are on board a ship or aircraft which has been taken as prize, unless—
(a)the goods have been adjudged by a prize court (within the meaning of the Naval Prize Act 1864 (c. 25)) to be lawful prize; or
(b)the goods are removed for safe keeping or for necessary use by any of Her Majesty's forces or any force co-operating with them.
(3)A person subject to service law commits an offence if, without lawful excuse, he unloads, unpacks or otherwise interferes with any goods that are on board a ship or aircraft that has been detained in exercise of a belligerent right or under an enactment.
(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 two years.
Commencement Information
I1S. 38 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
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