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

Armed Forces Act 2006

The Armed Forces Act 2006 is an Act of the Parliament of the United Kingdom.It came into force on 31 October 2009. It replaces the three separate Service Discipline Acts as the system of military law under which the British Armed Forces operate...

.

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

Commanding officer

The commanding officer is the officer in command of a military unit. Typically, the commanding officer has ultimate authority over the unit, and is usually given wide latitude to run the unit as he sees fit, within the bounds of military law...

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

Civilian subject to service discipline

A civilian subject to service discipline is someone who, whilst not a member of the British Armed Forces, is nevertheless subject to some aspects of British military law and the military justice system.- Categories :...

.

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 hearing (though if the offender 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
Major General
Major general or major-general is a military rank used in many countries. It is derived from the older rank of sergeant major general. A major general is a high-ranking officer, normally subordinate to the rank of lieutenant general and senior to the ranks of brigadier and brigadier general...

or equivalent.

Note: Rehabilitation of Offenders Act 1974
Rehabilitation of Offenders Act 1974
The Rehabilitation of Offenders Act 1974 of the UK Parliament enables some criminal convictions to be ignored after a rehabilitation period. Its purpose is that people do not have a lifelong blot on their records because of a relatively minor offence in their past. The rehabilitation period is...

only applies to the sentences of 2.5 years or less.

Sec	Offence	Definition, example or notes	Civilian?	Summary Hearing?	Max. sentence at Court Martial
1	Assisting an enemy	Communicating without authority with an enemy Enemy combatant Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an... 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 Propaganda Propaganda is a form of communication that is aimed at influencing the attitude of a community toward some cause or position so as to benefit oneself or one's group.... having been taken prisoner Prisoner of war A prisoner of war or enemy prisoner of war is a person, whether civilian or combatant, who is held in custody by an enemy power during or immediately after an armed conflict...	No	No	Life imprisonment Life imprisonment Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
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 Imprisonment Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
4	Looting Looting Looting —also referred to as sacking, plundering, despoiling, despoliation, and pillaging—is the indiscriminate taking of goods by force as part of a military or political victory, or during a catastrophe, such as during war, natural disaster, or rioting...	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 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 Mutiny Mutiny is a conspiracy among members of a group of similarly situated individuals to openly oppose, change or overthrow an authority to which they are subject...	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 Desertion In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...	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 order General order In militaries, a general order is a published directive, originated by a commander, and binding upon all personnel under his command, the purpose of which is to enforce a policy or procedure unique to his unit's situation which is not otherwise addressed in applicable service regulations, military... s	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 Malingering Malingering is a medical term that refers to fabricating or exaggerating the symptoms of mental or physical disorders for a variety of "secondary gain" motives, which may include financial compensation ; avoiding school, work or military service; obtaining drugs; getting lighter criminal sentences;...	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 Conduct prejudicial to good order and discipline Conduct prejudicial to good order and discipline is an offence against military law in many countries. It has existed in military law since before the 17th century and is an important offence which functions as a catch-all to criminalise offences against military order which are not specified...	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 Alcohol In chemistry, an alcohol is an organic compound in which the hydroxy functional group is bound to a carbon atom. In particular, this carbon center should be saturated, having single bonds to three other atoms.... 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 Violent and Sex Offender Register In the United Kingdom, the Violent and Sex Offender Register is a database of records of those required to register with the Police under the Sexual Offences Act 2003, those jailed for more than 12 months for violent offences, and unconvicted people simply thought to be at risk of offending... 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 Military police Military police are police organisations connected with, or part of, the military of a state. The word can have different meanings in different countries, and may refer to:...	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 Resisting arrest Resisting arrest is a term used to describe a criminal charge against an individual who has committed, depending on the jurisdiction, at least one of the following acts:* threatening a police officer with physical violence while being arrested...	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 reckless 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 2000 feet (610 m) (fixed wing aircraft) or 500 feet (152 m) (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 Prize (law) Prize is a term used in admiralty law to refer to equipment, vehicles, vessels, and cargo captured during armed conflict. The most common use of prize in this sense is the capture of an enemy ship and its cargo as a prize of war. In the past, it was common that the capturing force would be allotted... offences	Having captured a ship or aircraft: failing to send the ship's or aircraft's papers to a prize court Prize court A prize court is a court authorized to consider whether or not a ship has been lawfully captured or seized in time of war or under the terms of the seizing ship's letters of marque and reprisal... 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

England and Wales

England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

, would be against the civilian criminal law

Criminal law

Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

.

A Commanding Officer can deal with some criminal conduct offences committed by a service person at a summary hearing, including:

theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
taking a vehicle without consent
TWOC
TWOC is an acronym standing for Taking Without Owner's Consent. Synonyms used by police in the UK include UTMV: Unlawful Taking of a Motor Vehicle, and TADA or TDA: Taking and Driving Away...
possession of a controlled drug
Controlled Drug
The United Kingdom Misuse of Drugs Act 1971 aimed to control the possession and supply of numerous listed drugs and drug-like substances as a controlled substance. The act allowed and regulated the use of some Controlled Drugs by various classes of persons The United Kingdom Misuse of Drugs Act...
criminal damage
assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...

and battery
Battery (crime)
Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the fear of such contact.In the United States, criminal battery, or simply battery, is the use of force against another, resulting in harmful or offensive contact...
careless driving
Driving without due care and attention
Driving without due care and attention or careless driving is a moving traffic violation. As a legal term, it is used within the United States and the United Kingdom. It is usually a less serious offence than reckless driving in the United States, and is a less serious offence than dangerous...
drink driving
dangerous or careless cycling

Some more serious offences can be dealt with summarily with the permission of a major general

Major General

Major general or major-general is a military rank used in many countries. It is derived from the older rank of sergeant major general. A major general is a high-ranking officer, normally subordinate to the rank of lieutenant general and senior to the ranks of brigadier and brigadier general...

or equivalent:

assault causing actual bodily harm
Actual bodily harm
Assault occasioning actual bodily harm is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and the Solomon Islands...
possession of an offensive weapon in a public place
fraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
dishonestly obtaining services

Criminal conduct offences committed by a civilian subject to service discipline

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

Magistrates' Court

A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...

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

Crown Court

The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...

for serious (indictable

Indictable offence

In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...

) offences.

Punishments

The punishments that can be imposed on a convicted service person are:

imprisonment (in a civilian prison). Offenders are automatically dismissed with disgrace.
dismissal with disgrace
dismissal
Military discharge
A military discharge is given when a member of the armed forces is released from their obligation to serve.-United States:Discharge or separation should not be confused with retirement; career U.S...
detention in a military facility for two years or less (not officers). Offenders sentenced to detention are also automatically reduced in rank to an ordinary soldier, sailor or airman, and forfeit their pay for the period they are in detention.
forfeiture of seniority (officers only)
demotion by one rank (warrant officer
Warrant Officer
A warrant officer is an officer in a military organization who is designated an officer by a warrant, as distinguished from a commissioned officer who is designated an officer by a commission, or from non-commissioned officer who is designated an officer by virtue of seniority.The rank was first...

s or non-commissioned officer
Non-commissioned officer
A non-commissioned officer , called a sub-officer in some countries, is a military officer who has not been given a commission...

s only)
fine of up to 28 days' pay
service community order (only used in conjunction with dismissal, with or without disgrace)
reprimand or severe reprimand (officers, warrant officers and non-commissioned officers only). This will have an effect on future career prospects.
service supervision and punishment order (ordinary soldiers, sailors, airmen only). This order, which may be in place for up to 90 days, includes forfeiture of one-sixth of pay and loss of leave, and may also include additional duties, and being prevented from using some facilities (e.g. leisure facilities).
minor punishments:
- loss of leave (non-commissioned officers and ordinary soldiers etc. only)
- restriction of privileges (ordinary soldiers etc. only). This requires the offender to perform additional duties each day for up to 14 days.
- admonition (ordinary soldiers etc. only). This is recorded on the offenders' service record.
service compensation order. Requires the payment of compensation for personal injury or damage to property. Amounts of likely compensation payable range from £50 for a graze or severe bruise, to £3,000 for a fractured limb.
Being placed on the Violent and Sex Offender Register
Violent and Sex Offender Register
In the United Kingdom, the Violent and Sex Offender Register is a database of records of those required to register with the Police under the Sexual Offences Act 2003, those jailed for more than 12 months for violent offences, and unconvicted people simply thought to be at risk of offending...

for any period, including life.

A civilian convicted by a military court may be sentenced to one of the following punishments:

imprisonment (in a civilian prison)
fine
service community order
overseas community order
conditional
Conditional discharge
A discharge is a type of sentence where no punishment is imposed. An absolute discharge is unconditional: the defendant is not punished, and the case is over. In some jurisdictions, an absolute discharge means there is no conviction despite a finding that the defendant is guilty...

or absolute discharge
service compensation order
Being placed on the Violent and Sex Offender Register
Violent and Sex Offender Register
In the United Kingdom, the Violent and Sex Offender Register is a database of records of those required to register with the Police under the Sexual Offences Act 2003, those jailed for more than 12 months for violent offences, and unconvicted people simply thought to be at risk of offending...

for any period, including life.

Discipline offences

Criminal conduct offences

Punishments

See also