Modifications etc. (not altering text)
C1Pt. I (ss. 1-44) applied (1.6.1996) by Armed Forces Act 1991 (c. 62), ss. 18(9)(c), 20(10)(c), 27(2); S.I. 1996/1173, art. 2
(1)Every person subject to this Act who is guilty of any civil offence (that is to say any act or omission which is punishable by the law of England or would be so punishable if committed in England) shall [F1subject to section 43A below] be liable on conviction under this Act—
(a)in the case of an offence of treason . . . F2, to death;
(b)in the case of any . . . F2 offence of murder [F3or of genocide consisting of the killing of any person], to imprisonment for life;
[F4(c)in the case of any other offence, to such punishment or punishments (being a punishment or punishments authorised by this Act) as could be imposed . . . F5 on conviction by a civil court of the like offence committed in England, or to any punishment so authorised which is less than the maximum punishment which could be so imposed.]
(2)A person subject to this Act may be charged with an offence under this section notwithstanding that he could on the same facts be charged with an offence under any other provision of this Part of this Act.
[F6(2A)For the purpose of determining under this section whether an attempt to commit an offence is a civil offence, subsection (4) of section 1 of the M1Criminal Attempts Act 1981 (which relates to 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 “civil offence consisting of an act punishable by the law of England and Wales as an indictable offence or an act which, if committed in England or Wales, would be so punishable by that law”.]
Textual Amendments
F1Words inserted by Armed Forces Act 1976 (c. 52), s. 10(3)(c)
F2Words repealed by Murder (Abolition of Death Penalty) Act 1965 (c. 71), Sch.
F3Words inserted by Genocide Act 1969 (c. 12), s. 1(7)(a)
F4S. 42(1)(c) substituted by Armed Forces Act 1971 (c. 33), ss. 34(3), 78(4)
F5Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1)(2), Sch. 1 para. 3, Sch. 2
F6S. 42(2a) inserted by Criminal Attempts Act 1981 (c. 47), s. 7(1)
Modifications etc. (not altering text)
C2S. 42 modified (1.10.1997) by 1997 c. 43, s. 7(1); S.I. 1997/2200, art. 2(1)
Marginal Citations
Textual Amendments applied to the whole legislation
F7Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions