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
Textual Amendments applied to the whole legislation
F12Act repealed (prosp.)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
Every person subject to this Act who—
(a) . . . F2 uses violence to, or offers violence to, his superior officer, or
(b)uses threatening or insubordinate language to, or behaves with contempt to, his superior officer,
shall be liable to imprisonment or any less punishment authorised by this Act:
Provided that it shall be a defence for any person charged under this section, to prove that he neither knew nor had reasonable cause to believe that the person in relation to whom the offence is alleged to have been committed was his superior officer.]
Textual Amendments
F2Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), ss. 4(1), 16(2), Sch. 2
Any person subject to this Act who, whether wilfully or through neglect, disobeys any lawful command (by whatever means communicated to him) shall be liable to imprisonment or any less punishment authorised by this Act.
(1)Any person subject to this Act who, when requested to do so by a drug testing officer, fails to provide a sample of his urine for testing for the presence of drugs shall,F4. . . , be liable to imprisonment for a term not exceeding six months or any less punishment provided by this Act.
(2)For the purposes of this section—
“drug” means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971; and
“drug testing officer” means an officer, warrant officer [F5, chief petty officer, petty officer or leading rating]who is authorised by or in accordance with Queen’s Regulations for the purpose of supervising the conduct of tests for the presence of drugs.]
Textual Amendments
F3S. 12A inserted (1.10.1996 with savings) by 1996 c. 46, s. 32(3); S.I. 1996/2474, art. 2 (with art. 3)
F4Words in s. 12A(1) omitted (28.2.2002) by virtue of 2001 c. 19, ss. 32(9), 39(2), Sch. 5 para. 5(2)(b) and repealed (prosp.) by 2001 c. 19, s. 38, Sch. 7 Pt. 7; S.I. 2002/345, art. 2 (subject to art. 3)
F5S. 12A(2): words in the definition of "drug testing officer" substituted (28.2.2002) by 2001 c. 19, s. 32(9), Sch. 5 para. 5(4); S.I. 2002/345, art. 2 (subject to art. 3)
Valid from 03/02/2006
Any person subject to this Act who, without reasonable excuse, fails to comply with a request made under subsection (3) or (4) of section 32 of the Armed Forces Act 2001 (powers to test for alcohol or drugs after serious incident) shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding six months or any less punishment provided by this Act.]
Textual Amendments
F6S. 12B inserted (3.2.2006) by 2001 c. 19, ss. 32(9), 39(2), Sch. 5 para. 6; S.I. 2006/235, art. 2 (with art. 3)
Every person subject to this Act who [F7without reasonable excuse]—
(a)fights . . . F8 with any other person, whether subject to this Act or not; or
(b)uses threatening, abusive, insulting or provocative words or behaviour likely to cause a disturbance,
shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.
Textual Amendments
F7Words inserted by Armed Forces Act 1971 (c. 33), ss. 16(3), 78(4)
F8Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I
Every person subject to this Act who . . . F9 obstructs, or . . . F9 refuses, when called on, to assist, any provost officer, or any person (whether subject to this Act or not) legally exercising authority under or on behalf of a provost officer, shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act:
[F10Provided that it shall be a defence for any person charged under this section to prove that he neither knew nor had reasonable cause to believe that the person in relation to whom the offence is alleged to have been committed was a provost officer or, as the case may be, a person legally exercising authority under or on behalf of a provost officer.]
Textual Amendments
F9Word repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I
F10Proviso inserted by Armed Forces Act 1971 (c. 33), ss. 9(1)(b)(2), 78(4)
(1)Every person subject to this Act who contravenes or fails to comply with any provision of orders to which this section applies, being a provision known to him or which he might reasonably be expected to know, shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.
(2)This section applies to standing orders or other routine orders of a continuing nature made for any formation or unit or body of Her Majesty’s forces, or for any command or other area, garrison or place, or for any ship, vessel, train or aircraft.]
Textual Amendments
F11S. 14A inserted by Armed Forces Act 1971 (c. 33), ss. 10(3), 78(4)