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Armed Forces Act 2006

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Changes over time for: Section 30

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Point in time view as at 28/06/2022.

Changes to legislation:

Armed Forces Act 2006, Section 30 is up to date with all changes known to be in force on or before 25 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

30Allowing escape, or unlawful release, of prisoners etcU.K.

This section has no associated Explanatory Notes

(1)A person subject to service law commits an offence if—

(a)he knows that a person is committed to his charge, or that it is his duty to guard a person;

(b)he does an act that results in that person's escape; and

(c)he intends to allow, or is reckless as to whether the act will allow, that person to escape, or he is negligent.

(2)A person subject to service law commits an offence if—

(a)he knows that a person is committed to his charge;

(b)he releases that person without authority to do so; and

(c)he knows or has reasonable cause to believe that he has no such authority.

(3)In this section “act” includes an omission and the reference to the doing of an act is to be construed 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) where the offender intended to allow the person to escape, or an offence under subsection (2) where the offender knew he had no authority to release the person, ten years;

(b)in any other case, two years.

Commencement Information

I1S. 30 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. 30 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

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