Modifications etc. (not altering text)
C1Part II extended by Reserve Forces Act 1980 (c. 9), s. 142
C2Part II applied (1.6.1996 subject to art. 3 of the commencing S.I.) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 18(9)(a), 20(10)(a); S.I. 1996/1173, art. 2
(1)Any person subject to military law who commits a civil offence, whether in the United Kingdom orelsewhere, shall be guilty of an offence against this section.
(2)In this Act the expression “civil offence” means any act or omission punishable by the law of England or which, ifcommitted in England, would be punishable by that law; and in this Act the expression “the corresponding civil offence” means the civil offence the commission of whichconstitutes the offence against this section.
[F1(2A)For the purpose of determining under this section whether an attempt to commit an offence is a civiloffence, subsection (4) of section 1 of the M1Criminal Attempts Act 1981 (which relatesto the offence of attempt) shall have effect as if for the words “offence which, if it were completed,would be triable in England and Wales as an indictable offence" there were substituted the words “civiloffence consisting of an act punishable by the law of England and Wales as an indictable offence or an actwhich, if committed in England or Wales, would be so punishable by that law".]
(3)[F2Subject to section 71A below,] a person convicted by court-martial of an offence against this section shall—
F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(aa)if the corresponding civil offence is murder, [F5, or an offence for which a person convicted by a civil court is to be dealt with as for an offence of murder,] be liable to imprisonment for life];
F6(ab). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in any other case, be liable to suffer any punishment or punishments which a civil court could awardfor the corresponding civil offence, if committed in England, being a punishment or punishments providedby this Act, or such punishment, less than the maximum punishment which a civil court could so award, asis so provided:
[F7F8(3A)Where the corresponding civil offence is one to which [F9section 109, 110 or 111 of the Powers of Criminal Courts (Sentencing) Act 2000] would apply, the court-martial shall impose the sentence required by subsection (2) of that section unless it is of the opinion that there are exceptional circumstances which justify its not doing so.]
(4)A person shall not be charged with an offence against this section committed in the United Kingdom ifthe corresponding civil offence is treason, murder, manslaughter, treason-felony or rape [F10or an offence under section 1 of the Geneva Conventions Act 1957]. . . [F11or an offence under section 1 of the M2Biological Weapons Act 1974 [F12or an offence under section 2 or 11 of the Chemical Weapons Act 1996].][F10or an offence under section 51 or 52 of the International Criminal Court Act 2001]
[F13In this and the following subsection the references to murder shall apply also toaiding, abetting, counselling or procuring suicide.]
(5)Where the corresponding civil offence is murder or manslaughter [F10, or an offence under section 1 of the Geneva Conventions Act 1957 or section 51 of the International Criminal Court Act 2001 consisting of the killing of a person,]. . . an offence against this section shall be deemed, for the purposes of the last foregoing subsection,to have been committed at the place of the commission of the act or occurrence of the neglect which causedthe death, irrespective of the place of the death.
[F14(6)A person subject to military law may be charged with an offence against this section notwithstandingthat he could on the same facts be charged with an offence against any other provision of this Part of thisAct.]
Textual Amendments
F1S. 70(2A) inserted by Criminal Attempts Act 1981 (c. 47), s. 7(1)
F2Words inserted by Armed Forces Act 1976 (c. 52), s. 10(3)(a)
F3S. 70(3)(a) repealed (11.5.2001) by 2001 c. 19, s. 38, Sch. 7 Pt. 4
F5Words in s. 70(3)(aa) inserted (13.6.2001 for certain purposes and 1.9.2001 otherwise) by 2001 c. 17, ss. 74(1); S.I. 2001/2161, arts. 2, 3 (as amended by S.I. 2001/2304, art. 2)
F6S. 70(3)(ab) repealed (13.6.2001 for certain purposes and 1.9.2001 otherwise) by 2001 c. 17, ss. 83, Sch. 10; S.I. 2001/2161, arts. 2, 3 (as amended by S.I. 2001/2304, art. 2)
F7S. 70(3A) inserted (1.10.1997 for certain purposes and otherwiseprosp.) by 1997 c. 43, ss. 55, 57(2), Sch. 4 para. 1(1); S.I. 1997/2200, art. 2(1)(l)(2)(a) (subject to art. 5)
F8Proviso repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I
F9Words in s. 70(3A) substituted (25.8.2000) by 2000 c. 6, s. 165, Sch. 9 para. 8
F10Words in s. 70(4)(5) inserted (13.6.2001 for certain purposes and 1.9.2001 otherwise) by 2001 c. 17, ss. 74(2)(3); S.I. 2001/2161, arts. 2, 3 (as amended by S.I. 2001/2304, art. 2)
F11Words inserted by Biological Weapons Act 1974 (c. 6), s. 5(1)
F12Words in s. 70(4) inserted (16.9.1996) by 1996 c. 6, s. 35(a) (with s. 37); S.I. 1996/2054, art. 2
F13Words added by Suicide Act 1961 (c. 60), Sch. 1 Pt. II
Modifications etc. (not altering text)
C3S. 70 amended by Armed Forces Act 1976 (c. 52), s. 7(4)
C4S. 70 modified (1.10.1997) by 1997 c. 43, s. 7(1); S.I. 1997/2200, art. 2(1)(l)(2)(a) (subject to art. 5)
Marginal Citations
Textual Amendments applied to the whole legislation
F15Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2