Schedule Section 6(4): service disciplinary convictions

F21

Any conviction for an offence mentioned in this Schedule is a conviction referred to in section 6(6)(bb) of this Act (convictions to be disregarded for the purposes of extending a period of rehabilitation following subsequent conviction).

Provisions of the Army Act 1955 and the Air Force Act 1955

2

Any offence under any of the provisions of the M1Army Act 1955 or the M2Air Force Act 1955 listed in the first column of the following table:—

Provision

Subject-matter

Section 29

Offences by or in relation to sentries, persons on watch etc.

Section 29A

Failure to attend for duty, neglect of duty etc.

Section 33

Insubordinate behaviour.

Section 34

Disobedience to lawful commands.

Section 34A

Failure to provide a sample for drug testing.

Section 35

Obstruction of provost officers.

Section 36

Disobedience to standing orders.

Section 38

Absence without leave.

Section 39

Failure to report or apprehend deserters or absentees.

Section 42

Malingering.

Section 43

Drunkenness.

Section 43A

Fighting, threatening words etc.

Section 44

Damage to, and loss of, public or service property etc.

Section 44A

Damage to, and loss of, Her Majesty’s aircraft or aircraft material.

Section 44B

Interference etc. with equipment, messages or signals.

Section 45

Misapplication and waste of public or service property.

Section 46

Offences relating to issues and decorations.

Section 47

Billeting offences.

Section 48

Offences in relation to requisitioning of vehicles.

Section 50

Inaccurate certification.

Section 51

Low flying.

Section 52

Annoyance by flying.

Section 54

Permitting escape, and unlawful release of prisoners.

Section 55

Resistance to arrest.

Section 56

Escape from confinement.

Section 57

Offences in relation to courts-martial.

Section 61

Making of false statements on enlistment.

Section 62

Making of false documents.

Section 63

Offences against civilian population.

Section 69

Conduct to prejudice of military discipline or air-force discipline.

3

Any offence under section 68 (attempt to commit military offence) or 68A (aiding and abetting etc., and inciting, military offence) of the M3Army Act 1955 in relation to an offence under any of the provisions of that Act listed in paragraph 2.

4

Any offence under section 68 (attempt to commit air-force offence) or 68A (aiding and abetting etc., and inciting, air-force offence) of the M4Air Force Act 1955 in relation to an offence under any of the provisions of that Act listed in paragraph 2.

Provisions of the Naval Discipline Act 1957

5

Any offence under any of the provisions of the M5Naval Discipline Act 1957 listed in the first column of the following table:—

Provision

Subject-matter

Section 6

Offences by or in relation to sentries, persons on watch etc.

Section 7

Failure to attend for duty, neglect of duty etc.

Section 11

Insubordinate behaviour.

Section 12

Disobedience to lawful commands.

Section 12A

Failure to provide a sample for drug testing.

Section 13

Fighting, threatening words etc.

Section 14

Obstruction of provost officers.

Section 14A

Disobedience to standing orders.

Section 17

Absence without leave etc.

Section 18

Failure to report deserters and absentees.

Section 21

Low flying.

Section 22

Annoyance by flying.

Section 25

Inaccurate certification.

Section 27

Malingering.

Section 28

Drunkenness.

Section 29

Damage to, and loss of, public or service property etc.

Section 29A

Damage to, and loss of, Her Majesty’s aircraft or aircraft material.

Section 29B

Interference etc. with equipment, messages or signals.

Section 30

Misapplication and waste of public or service property.

Section 31

Offences relating to issues and decorations.

Section 32

Billeting offences.

Section 33

Offences in relation to the requisitioning of vehicles etc.

Section 33A

Permitting escape, and unlawful release of prisoners.

Section 33B

Resistance to arrest.

Section 33C

Escape from confinement.

Section 34A

False statements on entry.

Section 35

Falsification of documents.

Section 35A

Offences against civilian population.

Section 38

Offences in relation to courts-martial.

Section 39

Conduct to the prejudice of naval discipline.

6

Any offence under section 40 (attempt to commit naval offence) or 41 (aiding and abetting etc., and inciting, naval offence) of the M6Naval Discipline Act 1957 in relation to an offence under any of the provisions of that Act listed in paragraph 5.

F1Provisions of the Armed Forces Act 2006

Annotations:
Amendments (Textual)
F1

Sch. 1 para. 7 and cross-heading inserted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by virtue of Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 66; S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see savings (having effect from 24.4.2009 for specified purposes and 31.10.2009 otherwise) in S.I. 2009/1059, arts 1(2)(3), 205, Sch. 1 para. 14)

7

Any service offence within the meaning of the Armed Forces Act 2006 except one punishable in the case of an offender aged 18 or over with imprisonment for more than two years.