Part II Discipline and Trial and Punishment of Air-Force Offences

Offences relating to property

44A Damage to, and loss of, Her Majesty’s aircraft or aircraft material.

(1)

Without prejudice to the generality of section 44 above, a person subject to air-force law shall be guilty of an offence against this section if he—

(a)

wilfully damages or causes the loss of, or is concerned in the wilful damage or loss of, any of Her Majesty’s aircraft or aircraft material, or

(b)

by wilful neglect causes or allows damage to, or the loss of, any of Her Majesty’s aircraft or aircraft material, or

(c)

without lawful authority disposes of any of Her Majesty’s aircraft or aircraft material, or

(d)

by any negligent act or omission causes or allows damage to, or the loss of, any of Her Majesty’s aircraft or aircraft material,

(e)

is guilty of any wilful or negligent act or omission which is likely to cause damage to, or the loss of, any of Her Majesty’s aircraft or aircraft material, or

(f)

during a state of war, wilfully and without proper occasion, or negligently, causes the sequestration by or under the authority of a neutral state, or the destruction in a neutral state, of any of Her Majesty’s aircraft.

(2)

A person guilty of an offence against this section shall, on conviction by court-martial, be liable—

(a)

if his offence consisted in an act or omission falling within paragraph (a), (b) or (c) of subsection (1), or if it consisted in an act or omission falling within paragraph (f) of that subsection and it is proved that he acted wilfully or with wilful neglect, to imprisonment or any less punishment provided by this Act;

(b)

in any other case, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.