Modifications etc. (not altering text)
C1Pt. II (ss. 24-143) applied (1.6.1996) by Armed Force Act 1991 (c. 62, SIF 7:1), ss. 18(9)(b), 20(10)(b); S.I. 1996/1173, art. 2
(1)Any person subject to air-force law who by any conduct of his—
(a)intentionally impairs the efficiency or effectiveness of any equipment which is public or service property; or
(b)intentionally interferes with or modifies any message or other signal which is being transmitted, by means of [F2an electronic communications network], directly or indirectly to or from any such equipment,
shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.
(2)Any person subject to air-force law who is guilty of any conduct which is likely to have the effect—
(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, to imprisonment 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 in respect of any conduct likely to have a particular effect that, in the circumstances, his conduct was in all 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 effective either for all purposes or for a particular purpose for which it has been designed, adapted, adjusted or programmed.
(5)In this section—
“conduct” includes any act or omission;
“equipment” includes any apparatus, any computer and any vessel, aircraft or vehicle; F3...
F3...]
Textual Amendments
F1S. 44B inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 2(1)(2)
F2Words in s. 44B(1)(b) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 24 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F3Words in s. 44B(5) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
Textual Amendments applied to the whole legislation
F4Act: 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