- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/02/1991)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 25/07/2003
Point in time view as at 01/02/1991.
There are currently no known outstanding effects for the Army Act 1955 (repealed), Cross Heading: Offences relating to property.
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Textual Amendments applied to the whole legislation
F3Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2
(1)Any person subject to military law who—
(a)wilfully damages or causes the loss of, or is concerned in the wilful damage or loss of, any public orservice property, or any property belonging to another person so subject, or
(b)by wilful neglect causes or allows damage to, or the loss of, any public or service property or propertyso belonging,
shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided bythis Act.
(2)Any person subject to military law who—
(a)by any negligent act or omission causes or allows damage to, or the loss of, any public or serviceproperty, or
(b)is guilty of any wilful or negligent act or omission which is likely to cause damage to, or the lossof, any such property,
shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.]
Textual Amendments
F1Ss. 44, 44A-46 substituted for ss. 44-46 by Armed Forces Act 1971 (c. 33), ss. 17(1),78(4)
(1)Without prejudice to the generality of section 44 above, a person subject to military law shall beguilty of an offence against this section if he—
(a)wilfully damages or causes the loss of, or is concerned in the wilful damage or loss of, any of HerMajesty’s aircraft or aircraft material, or
(b)by wilful neglect causes or allows damage to, or the loss of, any of Her Majesty’s aircraft or aircraftmaterial, or
(c)without lawful authority disposes of any of Her Majesty’s aircraft or aircraft material, or
(d)by any negligent act or omission causes or allows damage to, or the loss of, any of Her Majesty’saircraft or aircraft material,
(e)is guilty of any wilful or negligent act or omission which is likely to cause damage to, or the lossof, any of Her Majesty’s aircraft or aircraft material, or
(f)during a state of war, wilfully and without proper occasion, or negligently, causes the sequestrationby or under the authority of a neutral state, or the destruction in a neutral state, of any of Her Majesty’saircraft.
(2)A person guilty of an offence against this section shall, on conviction by court-martial, beliable—
(a)if his offence consisted in an act or omission falling within paragraph (a), (b) or (c) of subsection(1), or if it consisted in an act or omission falling within paragraph (f) of that subsection and it isproved that he acted wilfully or with wilful neglect, to imprisonment or any less punishment provided bythis Act;
(b)in any other case, to imprisonment for a term not exceeding two years or any less punishment providedby this Act.
(1)Any person subject to military law who by any conduct of his—
(a)intentionally impairs the efficiency or effectiveness of any equipment which is public or serviceproperty; or
(b)intentionally interferes with or modifies any message or other signal which is being transmitted, bymeans of a telecommunication system, directly or indirectly to or from any such equipment,
shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided bythis Act.
(2)Any person subject to military law who is guilty of any conduct which is likely to have theeffect—
(a)of impairing the efficiency or effectiveness of any such equipment; or
(b)of interfering with or modifying any such message or signal,
shall (whether or not that conduct has that effect) be liable, on conviction by court-martial, toimprisonment for a term not exceeding two years or any less punishment provided by this Act.
(3)It shall be a defence for a person charged with an offence under subsection (2) of this section inrespect of any conduct likely to have a particular effect that, in the circumstances, his conduct was inall respects consistent with the exercise of reasonable care to avoid producing that effect.
(4)For the purposes of this section the efficiency or effectiveness of any equipment is impaired if,whether or not it is damaged, the equipment is made temporarily or permanently less efficient or effectiveeither for all purposes or for a particular purpose for which it has been designed, adapted, adjusted orprogrammed.
(5)In this section—
“conduct” includes any act or omission;
“equipment” includes any apparatus, any computer and any vessel, aircraft or vehicle;and
“telecommunication system” has the same meaning as in the M1Telecommunications Act 1984.]
Textual Amendments
F2S. 44B inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 2(1)
Marginal Citations
Any person subject to military law who misapplies or wastefully expends any public or service propertyshall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or anyless punishment provided by this Act.
Modifications etc. (not altering text)
C1S. 45 extended (E.W.) (S.) by Rehabilitation of Offenders Act 1974 (c. 53), s. 2(3)(a)
(1)Any person subject to military law who makes away with (whether by pawning, selling, destroying or inany other way), or loses, or by negligence damages or allows to be damaged—
(a)any clothing, arms, ammunition or other equipment issued to him for his use for military purposes, or
(b)any military, air-force or naval decoration granted to him,
shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.
(2)It shall be a defence for a person charged under this section with losing any property that he tookreasonable steps for its care and preservation.
Modifications etc. (not altering text)
C2S. 46 extended (E.W.) (S.) by Rehabilitation of Offenders Act 1974 (c. 53), s. 2(3)(a)
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