Offences against military law in the United Kingdom

The main offences against military law in the United Kingdom are set out in the Armed Forces Act 2006.

The offences fall into two main categories, discipline offences and criminal conduct offences. A second distinction is between those offences that can be dealt with by a commanding officer in a summary hearing, and those that can only be heard by the Court Martial.

Discipline offences

Discipline offences are those offences that can only be committed by members of the armed forces or, in a few cases, by a civilian subject to service discipline.

The table below lists the principal discipline offences, and indicates for each offence: whether it can be committed by a civilian subject to military discipline as well as a service person whether a commanding officer can deal with the offence at a summary hearingSection 53 and Schedule 2 of the Armed Forces Act 2006 (though if the defendant is a civilian subject to service discipline, it must be heard by the Service Civilian Court) the maximum sentence available to a Court Martial trying the offence. The maximum punishment that a Commanding Officer hearing a charge summarily can impose is generally 28 days in service detention, or up to 90 days with the authority of a Major General or equivalent.Sections 132 to 139, and section 173 of the Armed Forces Act 2006

Note: Rehabilitation of Offenders Act 1974 only applies to offences sentenced to imprisonment for 4 years or less.

SecSection of the Armed Forces Act 2006 Offence Definition, example or notesDefinitions taken from the Act, examples or notes from the Manual of Service Law, Volume 1, Joint Service Publication (JSP) 830, Edition 1.0, 2009, Ministry of Defence (United Kingdom) Civilian? Summaryhearing? Maximum sentence at court martial 1 Assisting an enemy Communicating without authority with an enemy Giving an enemy information that would or might be useful to him Providing an enemy with supplies Harbouring or protecting an enemy Serving with enemy forces or participating in propaganda having been taken prisoner No No Life imprisonment 2 Misconduct on operations Surrendering or abandoning a place or thing to the enemy without reasonable excuse When in action or in the vicinity of the enemy: failing to use utmost exertions to carry out lawful orders sleeping on duty, or leaving his post spreading alarm or despondency within the ranks No No Life imprisonment 3 Obstructing operations Putting at risk, with intent or recklessness, the success of an action Delaying or discouraging, without lawful excuse, an action No No If in action with the enemy, life imprisonment. Otherwise, 10 years' imprisonment 4 Looting Taking property, without lawful excuse, from a person killed, injured or captured in operations Searching such a person with intent to take property Taking, or searching a place for, property left exposed as a result of action Yes No Life imprisonment 4 Looting Taking a vehicle, equipment or stores abandoned by the enemy, unless for the public service Yes Yes Seven years' imprisonment 5 Failing to escape Failing to escape (when captured by an enemy, as a prisoner of war or otherwise) when there are reasonable steps that could be taken to escape Preventing or discouraging, without lawful excuse, another from escaping No No 10 years' imprisonment 6 Mutiny Attempting to overthrow or resist lawful authority Disobeying lawful authority in order to subvert discipline Conspiring to do the above No No Life imprisonment 7 Failing to suppress mutiny Failing to prevent or suppress a mutiny he knows is occurring or is intended No No Life imprisonment 8 Desertion Being absent without leave with the intention to remain so permanently No No Two years' imprisonment 8 Desertion Being absent without leave to avoid active service No No Life imprisonment 9 Absence without leave Intentionally or negligently being absent without leave Recklessly doing an act that causes him to be absent without leave No Yes Two years' imprisonment 10 Failing to apprehend deserters or absentees Knowing that another is a deserter or absent without leave, failing to take reasonable steps to apprehend them No Yes Two years' imprisonment 11 Misconduct towards a superior officer Using violence against a superior officer Threatening behaviour or communication to a superior officer No Yes 10 years' imprisonment 11 Misconduct towards a superior officer Disrespectful behaviour or communication to a superior officer No Yes Two years' imprisonment 12 Disobeying lawful commands Intentionally or recklessly disobeying a lawful command No Yes 10 years' imprisonment 13 Contravening standing orders Contravening a standing order he should be aware of Yes Yes Two years' imprisonment 14 Using force against a sentry Using force against a sentry By threat of force, compelling a sentry to let him or another pass No Yes Two years' imprisonment 15 Failing to attend for, or perform, duty Without lawful excuse: failing to attend for duty leaving a duty early failing to perform a duty Performing a duty negligently No Yes Two years' imprisonment 16 Malingering Pretending to have an injury or disease, or aggravating or prolonging an injury or disease, to avoid service No Yes Two years' imprisonment 16 Malingering Causing himself an injury, or causing another to injure him, to avoid service Injuring another, or aggravating or prolonging the injury of another, to help him to avoid service No No Two years' imprisonment 17 Disclosing information useful to an enemy Disclosing information known or believed to be useful to an enemy, without lawful authority No Yes Two years' imprisonment 18 Making false records Making a false official record Tampering with or suppressing an official document with intent to deceive Failing to make an official record he has a duty to make, with intent to deceive No Yes Two years' imprisonment 19 Conduct prejudicial to good order and discipline e.g., Wearing a rank he is not entitled to No Yes Two years' imprisonment 20 Unfitness or misconduct through alcohol or drugs Due to the influence of alcohol or any intoxicant (unless given on medical advice or the orders of a superior officer) being unfit to be entrusted with a duty behaving in a disorderly manner No Yes Two years' imprisonment 21 Fighting or threatening behaviour Fighting another without reasonable lawful excuse Intentionally using threatening, abusive, insulting, or provocative behaviour likely to cause a disturbance No Yes Two years' imprisonment 22 Ill-treating subordinates Bullying, humiliating, degrading or using unnecessarily harsh behaviour against a subordinate No Yes Two years' imprisonment 23 Disgraceful conduct of a cruel or indecent kind Note: an act of a sexual nature that occurs in private between consenting adults is not generally regarded as indecent No Yes Two years' imprisonment (They may also be placed on the Violent and Sex Offender Register for any period of time, even life) 24 Damage to, or loss of, public property Intentionally, without lawful excuse, or recklessly damaging or causing the loss of public or military property, or properly belonging to another service person No Yes 10 years' imprisonment 24 Damage to, or loss of, public or service property Negligently damaging or causing the loss of public or service property Recklessly or negligently doing something likely to cause damage to, or the loss of, public or military property No Yes Two years' imprisonment 25 Misapplying or wasting public or service property e.g. Allowing fuel to overflow a tank No Yes Dismissal with disgrace 27 Obstructing or failing to assist a service policeman Obstructing a service policeman or provost officer Failing, when called upon, to assist a service policeman or provost officer Yes Yes Two years' imprisonment 28 Resisting arrest Disobeying, using violence against or threatening a person ordering him into arrest No Yes Two years' imprisonment 28 Resisting arrest Using violence against, or threatening, a person arresting him Yes Yes Two years' imprisonment 29 Service custody offences Escaping from lawful custody Using violence against, or threatening, a person having lawful custody Yes Yes Two years' imprisonment 30 Allowing escape or unlawful release of prisoners Intentionally or recklessly allowing a prisoner to escape Knowingly releasing a prisoner without authority Note: prisoner can be a service person, prisoner of war or other detainee No Yes With intent or knowledge: ten years' imprisonment. Otherwise, two years' imprisonment 31 Hazarding a ship Intentionally, without lawful excuse, or recklessly damaging, stranding or causing the loss of a military ship No No Life imprisonment 31 Hazarding a ship Negligently hazarding a military ship No No Two years' imprisonment 32 Giving false air signals Giving a false signal to aircraft Interfering with signals for aircraft No No Life imprisonment 33 Dangerous flying Intentionally, without lawful excuse, or recklessly doing an act when flying, or in relation to, an aircraft that may or does cause injury or loss of life No No Life imprisonment 33 Dangerous flying Negligently doing an act when flying, or in relation to, an aircraft that may or does cause injury or loss of life No No Two years' imprisonment 34 Low flying Intentionally, recklessly or negligently flying below (fixed wing aircraft) or (helicopters) No Yes Two years' imprisonment 35 Annoyance by flying Flying an aircraft so as to annoy any person No Yes Dismissal with disgrace 36 Inaccurate certification Making or signing an inaccurate certificate relating to a ship, aircraft or specified equipment No Yes Two years' imprisonment 37–38 Prize offences Having captured a ship or aircraft: failing to send the ship's or aircraft's papers to a prize court failing to bring the ship or aircraft (or cargo) to a port or airfield for adjudication by a prize court ill-treating a person on board unlawfully taking property from a person on board interfering with the cargo (unless for service use) No No Two years' imprisonment 305 Failing to provide a sample for drug testing Relates to testing for illegal drugs No Yes 51 weeks' imprisonment 306 Failing to provide a sample for alcohol or drug testing Relates to testing for alcohol or illegal drugs after a serious incident Yes Yes 51 weeks' imprisonment

Criminal conduct offences

The military offence of criminal conduct covers anything done anywhere in the world that, if done in England and Wales, would be against the civilian criminal law.Section 42 of the Armed Forces Act 2006

A Commanding Officer can deal with some criminal conduct offences committed by a service person at a summary hearing, including:See theft taking a vehicle without consent possession of a controlled drug criminal damage assault and battery careless driving drink driving dangerous or careless cycling

Some more serious offences can be dealt with summarily with the permission of a major general or equivalent:See assault causing actual bodily harm possession of an offensive weapon in a public place fraud dishonestly obtaining services

Criminal conduct offences committed by a civilian subject to service discipline (such as a contractor or civil servant supporting operations) are dealt with by the Service Civilian Court if they could be tried by a magistrates' court in England and Wales.

More serious offences, whether committed by a service person or a civilian subject to service discipline, must be tried by the Court Martial.

The maximum punishment that can be imposed for criminal conduct is the same as could be imposed by the appropriate civilian court, the Magistrates' Court for minor offences, or the Crown Court for serious (indictable) offences.

Punishments