Part 1Offences

Criminal conduct

42Criminal conduct

(1)

A person subject to service law, or a civilian subject to service discipline, commits an offence under this section if he does any act that—

(a)

is punishable by the law of England and Wales; or

(b)

if done in England or Wales, would be so punishable.

(2)

A person may be charged with an offence under this section even if he could on the same facts be charged with a different service offence.

(3)

A person guilty of an offence under this section is liable to—

(a)

if the corresponding offence under the law of England and Wales is under that law an offence punishable with imprisonment, any punishment mentioned in the Table in section 164;

(b)

otherwise, any punishment mentioned in rows 5 to 12 of that Table.

(4)

Any sentence of imprisonment or fine imposed in respect of an offence under this section must not exceed—

(a)

if the corresponding offence under the law of England and Wales is a summary offence, the maximum term of imprisonment or fine that could be imposed by a magistrates' court on summary conviction;

(b)

if that corresponding offence is an indictable offence, the maximum sentence of imprisonment or fine that could be imposed by the Crown Court on conviction on indictment.

(5)

In subsection (4) “a summary offence” and “an indictable offence” mean, respectively, a summary offence under the law of England and Wales and an indictable offence under that law.

(6)

In this section and sections 45 to 49 “act” includes an omission and references to the doing of an act are to be read accordingly.

(7)

In subsections (1) and (8) and sections 45 to 49 “punishable” means punishable with a criminal penalty.

(8)

In this Act “the corresponding offence under the law of England and Wales”, in relation to an offence under this section, means—

(a)

the act constituting the offence under this section; or

(b)

if that act is not punishable by the law of England and Wales, the equivalent act done in England or Wales.