(1)A person subject to service law commits an offence if—
(a)he does an act that causes damage to or the loss of any public or service property or any property belonging to another person subject to service law; and
(b)either—
(i)he intends to cause damage to or the loss of the property, and there is no lawful excuse for his act; or
(ii)he is reckless as to whether he causes damage to or the loss of the property.
(2)A person subject to service law commits an offence if—
(a)negligently, he does an act that causes damage to or the loss of any public or service property; or
(b)he does an act that is likely to cause damage to or the loss of any public or service property and—
(i)he is reckless as to whether he causes damage to or the loss of the property; or
(ii)he is negligent.
(3)For the purposes of this section—
(a)“act” includes an omission and references to the doing of an act are to be read accordingly;
(b)references to causing include allowing;
(c)“loss” includes temporary loss;
(d)“property” means property of a tangible nature, and references to public or service property are to be read accordingly.
(4)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—
(a)in the case of an offence under subsection (1), ten years;
(b)in the case of an offence under subsection (2), two years.
Commencement Information
I1S. 24 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
I2S. 24 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4