Part 1Offences

Neglect of duty and misconduct

I1I218Making false records etc

1

A person subject to service law commits an offence if—

a

he makes an official record, knowing that it is false in a material respect; and

b

he knows or has reasonable cause to believe that the record is official.

2

A person who adopts as his own a record made by another person is for the purposes of subsection (1) to be treated, as well as that other person, as making the record.

3

A person subject to service law commits an offence if—

a

with intent to deceive, he tampers with or suppresses an official document; and

b

he knows or has reasonable cause to believe that the document is official.

4

A person subject to service law commits an offence if—

a

with intent to deceive, he fails to make a record which he is under a duty to make; and

b

he knows or has reasonable cause to believe that the record would, if made, be official.

5

For the purposes of this section—

a

“record” means a document or an entry in a document;

b

“document” means anything in which information is recorded;

c

a record or document is official if it is or is likely to be made use of, in connection with the performance of his functions as such, by a person who holds office under the Crown or is in the service of the Crown.

6

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.