Part 1Offences

Assisting an enemy, misconduct on operations etc

2Misconduct on operations

(1)

A person subject to service law commits an offence if, without reasonable excuse, he—

(a)

surrenders any place or thing to an enemy; or

(b)

abandons any place or thing which it is his duty to defend against an enemy or to prevent from falling into the hands of an enemy.

(2)

Subsections (3) to (5) apply to a person subject to service law who is—

(a)

in the presence or vicinity of an enemy;

(b)

engaged in an action or operation against an enemy; or

(c)

under orders to be prepared for any action or operation by or against an enemy.

(3)

A person to whom this subsection applies commits an offence if he fails to use his utmost exertions to carry out the lawful commands of his superior officers.

(4)

A person to whom this subsection applies commits an offence if he is on guard duty and posted or ordered to patrol, or is on watch, and—

(a)

without reasonable excuse, he sleeps; or

(b)

(without having been regularly relieved) he leaves any place where it is his duty to be.

(5)

A person to whom this subsection applies commits an offence if, without reasonable excuse, he intentionally communicates with a person who is—

(a)

a member of any of Her Majesty's forces or of any force co-operating with them, or

(b)

a relevant civilian,

and the communication is likely to cause that person to become despondent or alarmed.

(6)

In subsection (5) “relevant civilian” means a person who—

(a)

is a civilian subject to service discipline; and

(b)

is accompanying a person subject to service law who is—

(i)

in the presence or vicinity of an enemy; or

(ii)

engaged in an action or operation against an enemy.

(7)

A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, and any sentence of imprisonment imposed in respect of the offence may be for life.