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Part IIU.K. Discipline and Trial and Punishment of Air-Force Offences

Miscellaneous offencesF12U.K.

Textual Amendments applied to the whole legislation

F12Act: 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

[F160 Unauthorised disclosure of information.U.K.

(1)Any person subject to air-force law who without lawful authority discloses or purports to disclose, whether orally, in writing, by signal or by any other means whatsoever, information relating to any matter upon which information would or might be useful to an enemy shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2)It shall be a defence for a person charged with an offence under this section that he did not know and had no reasonable cause to believe that the information disclosed related to a matter upon which information would or might be directly or indirectly useful to an enemy.]

Textual Amendments

61 Making of false statements on enlistment.U.K.

Any person who, when before a recruiting officer for the purpose of being attested in pursuance of Part I of this Act, has knowingly made a false answer to any question contained in the attestation paper and put to him by or by the direction of the recruiting officer shall, if he has since become and remains subject to air-force law, be liable, on conviction by court-martial, to the like imprisonment as on summary conviction of an offence against section nineteen of this Act or to any less punishment provided by this Act.

Modifications etc. (not altering text)

62 Making of false documents. U.K.

[F2(1)]Any person subject to air-force law who—

[F3(a)makes an official document or official record which is to his knowledge false in a material particular, or

(b)makes in any official document or official record an entry which is to his knowledge false in a material particular, or

(c)tampers with the whole or any part of any official document or official record (whether by altering it, destroying it, suppressing it, removing it or otherwise), or

(d)with intent to deceive, fails to make an entry in any official document or official record,] shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

[F4(2)For the purposes of this section—

(a)a document or record is official if it is or is likely to be made use of, in connection with the performance of his functions as such, by a person who holds office under, or is in the service of, the Crown; and

(b)a person who has signed or otherwise adopted as his own a document or record made by another shall be treated, as well as that other, as the maker of the document or record.

(3)In this section–

Textual Amendments

F3S. 62(a)–(d) substituted for paras. (a)–(c) by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 3(1)

Modifications etc. (not altering text)

63 Offences against civilian population.U.K.

Any person subject to air-force law who, in any country or territory outside the United Kingdom, commits any offence against the person or property of any member of the civil population shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

[F563A Offences against morale.U.K.

Any person subject to air-force law who spreads (whether orally, in writing, by signal, or otherwise) reports relating to operations of Her Majesty’s forces, of any forces co-operating therewith, or of any part of any of those forces, being reports likely to create despondency or unnecessary alarm, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.]

[F664 Scandalous conduct by officers.U.K.

Every officer subject to air-force law who behaves in a scandalous manner unbecoming the character of an officer shall, on conviction by court-martial, be liable to dismissal from Her Majesty’s service with or without disgrace.]

Textual Amendments

Modifications etc. (not altering text)

65 Ill-treatment of officers or men of inferior rank.U.K.

If—

(a)any officer subject to air-force law . . . F7 ill-treats any officer subject thereto of inferior rank or less seniority or any warrant officer, non-commissioned officer or airman subject to air-force law, or

(b)any warrant officer or non-commissioned officer subject to air-force law . . . F7 ill-treats any person subject to air-force law, being a warrant officer or non-commissioned officer of inferior rank or less seniority or an airman,

he shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

Textual Amendments

66 Disgraceful conduct.U.K.

Any person subject to air-force law who is guilty of disgraceful conduct of a cruel, indecent or unnatural kind shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

Modifications etc. (not altering text)

F867. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

68 Attempts to commit air-force offences.U.K.

Any person subject to air-force law who attempts to commit an offence against any of the foregoing provisions of this Part of this Act [F9or against section 69 below] shall, on conviction by court-martial, be liable to the like punishment as for that offence:

Provided that if the offence is one punishable by death, he shall not be liable to any greater punishment than imprisonment.

Textual Amendments

[F1068A Aiding and abetting etc., and inciting.U.K.

(1)Any person subject to air-force law who aids, abets, counsels or procures the commission by another person of an offence against any of the foregoing provisions of this Part of this Act, or against section 69 below, or who incites another person to commit any such offence, shall himself be guilty of the offence in question, and shall be liable to be charged, tried and punished accordingly.

(2)A person may be guilty by virtue of subsection (1) above of an offence against section 62 of this Act whether or not he knows the nature of the document in question.]

69 Conduct to prejudice of air-force discipline.U.K.

Any person subject to air-force law who is guilty [F11, whether by any act or omission or otherwise, of conduct] to the prejudice of good order and air-force discipline shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

Textual Amendments