PART V

SERVICE OFFENCES

Looting
23. Any person who —

(a) steals from, or, with intent to steal, searches the person of anyone killed or injured in a civil defence emergency;

(b) steals any property which has been left exposed or unprotected in consequence of a civil defence emergency;

(c) takes, otherwise than for the purposes of the Force, any property abandoned or left exposed in consequence of a civil defence emergency,

shall be guilty of the offence of looting and shall be liable on conviction to imprisonment for a term not exceeding 7 years or any other punishment authorised by this Act.

Desertion
24. Any person who being on duty, or having been notified to report for duty, with intent to remain permanently absent without leave, leaves or does not attend at, his place of duty without leave, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 10 years or any other punishment authorised by this Act.

Connivance at desertion
25. Any person who —

(a) being aware of the desertion or intended desertion of a member, does not without reasonable excuse inform his superior officer immediately; or

(b) fails to take any steps in his power to cause the apprehension of a member whom he knows, or has reasonable cause to believe, to be a deserter,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

Assault on guard
26. —(1) Any person who —

(a) commits an assault on a member who is on guard duty; or

(b) by threat or force compels that member to let him or any other person pass a member"s post,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

(2) In this section, any reference to a person on guard duty includes a reference to a person who is —

(a) posted or ordered to patrol; or

(b) a member of a guard or other party mounted or ordered to patrol,

for the purpose of —

(i) protecting any person, premises or place or ship, vehicle, aircraft or other thing;

(ii) preventing or controlling access to, or egress from any premises or place or ship, vehicle, aircraft or other thing; or

(iii) regulating traffic by road, rail or water.

Offence by or in relation to person on guard or on watch
27. —(1) Any person who, while on guard duty or on watch —

(a) sleeps at his post or on watch;

(b) not being on duty at a post, sleeps when his duty requires him to be awake;

(d) leaves his post or otherwise absents himself from a place where it is his duty to be,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

(2) In this section, “a person on guard duty” shall have the same meaning as in section 26.

(3) For the purposes of this section, a person shall be deemed to be drunk if, and only if, his faculties are, by reason of being under the influence of intoxicating liquor or a drug, so impaired that —

(a) it would be imprudent to trust him, or to allow him to continue, with the discharge of his duties; or

(b) he is unfit for the discharge of his duties.

Violence to superior
28. Any person who commits an assault on a person of a higher rank shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

Assault on subordinate
29. Any person who commits an assault on, or ill-treats, a person of a lower rank shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

Cruel, indecent or disgraceful conduct
30. Any person who behaves in a cruel, indecent or disgraceful manner or in a manner unbecoming of a member of the Force shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

Obstruction of provost officer
31. Any person who —

(a) obstructs; or

(b) when called upon refuses to assist,

a provost officer, or a person lawfully exercising authority under or on behalf of a provost officer, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

Insubordinate behaviour
32. Any person who —

(a) uses threatening, insubordinate or insulting language to a person of a higher rank; or

(b) in the presence of a person of a higher rank uses threatening, insubordinate or insulting language about him,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

Disobedience to command
33. Any person who disobeys a lawful command given to him by a person of a higher rank shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 years or any other punishment authorised by this Act.

Failure to comply with direction of person in command
34. Any person who, when in or near any service ship, aircraft or vehicle, fails to comply with a lawful direction given to him by or with the authority of the person in command of the ship, aircraft or vehicle —

(a) in relation to the sailing or handling of the ship, flying or handling of the aircraft or handling of the vehicle; or

(b) affecting the safety of the ship, aircraft or vehicle or persons on board the ship, aircraft or vehicle,

whether the person in command is a member or not, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

Failure to comply with order
35. —(1) Any person who does not comply with a lawful order that is applicable to him shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

(2) In this section, “order” means —

(a) an order, instruction or directive issued by, or under the authority of, the Commissioner; or

(b) a general standing or routine order or instruction in force with respect to the Force.

Abuse of authority
36. Any person who knowingly exceeds his authority over a person of a lower rank shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

Destruction of, or damage to, service property
37. Any person who intentionally, recklessly or negligently destroys or damages service property shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 years or any other punishment authorised by this Act.

Dishonest misappropriation of service property
38. Any person who —

(a) steals or dishonestly misappropriates any service property or any property belonging to a person subject to this Act or is concerned in the stealing or dishonest misappropriation of any such property; or

(b) receives any service property or property belonging to a person subject to this Act knowing it to have been stolen or to have been dishonestly misappropriated,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 years or any other punishment authorised by this Act.

Misapplication and waste of service property
39. Any person who misapplies or wastefully expends any service property shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

False statement in application
40. Any person who, in or in connection with, or in support of, an application for any grant, payment, allotment of money or allowances, leave of absence or any other benefit or advantage, for himself or another, makes, either orally or in writing, any statement which is to his knowledge false in a material particular shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

Falsification, etc., of service documents
41. —(1) Any person who with a view to gaining for himself or another or with intent to deceive another or cause loss to another —

(a) makes or signs a service document that is false in a material particular;

(b) makes in a service document an entry that is false in a material particular;

(d) suppresses, defaces, makes away with or destroys a service document, or a part of a service document, that it is his duty to preserve or produce; or

(e) does not make an entry in a service document that it is his duty to make,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

(2) For the purposes of this section, “service document” means —

(a) any document which is the property of the Force; or

(b) any document submitted to the Force for any purpose whatsoever.

False statement in relation to appointment or enlistment
42. —(1) Any person who —

(a) for the purposes of his appointment to or enlistment in the Force with intent to deceive —

(i) makes a false answer to any question set forth in a document required to be completed in relation to his appointment or enlistment;

(ii) furnishes any false information or document in relation to his appointment or enlistment; or

(iii) does not disclose, if and when lawfully required to do so, particulars of any prior service in the Force; and

(b) is subsequently appointed to or enlisted in the Force,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

(2) Any person who, with intent to deceive —

(a) makes a false answer to any question set forth in a document required to be completed in relation to his appointment or enlistment;

(b) furnishes any false information or document in relation to his appointment or enlistment; or

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

False evidence
43. Any person who having been lawfully sworn as a witness or as an interpreter in proceedings before a disciplinary officer or a board of inquiry makes a statement material in those proceedings which he knows to be false or does not believe to be true shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

Delay or denial of justice
44. —(1) Where any person is under arrest or in custody for an alleged service offence, a person who does not take such action as is required of him by or under this Act —

(a) to have the case of the first-mentioned person brought before a commanding officer for investigation; or

(b) to have the case of the first-mentioned person disposed of or tried summarily by a disciplinary officer,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

(2) Where a person in custody under this Act is entitled to be released, a person who does not take such action as is required of him by or under this Act to release, or to order the release of the first-mentioned person shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

Resistance to arrest
45. Any person who —

(a) refuses to obey a lawful order for his arrest; or

(b) commits an assault on —

(i) a member who gives the order; or

(ii) a person, whether a member or not who attempts to apprehend him, or take or hold him in custody, in pursuance of the order,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 years or any other punishment authorised by this Act.

Escape from custody
46. Any person who escapes from custody or a place of detention in which he is being held under this Act shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 years or any other punishment authorised by this Act.

Unlawful release, etc., of person in custody
47. —(1) Any person who allows to escape or without authority releases a person who is delivered into his custody under this Act or whom it is his duty to guard shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

(2) Any person who facilitates the escape of a person who is in custody or confinement under this Act shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

(3) Any person who with intent to facilitate an escape from a place of confinement under this Act conveys anything into that place shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

Absence without leave
48. —(1) Any person who is absent without leave shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

(2) For the purposes of this section, a person is absent without leave if he —

(a) without authority leaves his place of duty;

(b) without authority is absent from his place of duty;

(c) having been authorised to be absent from his place of duty, fails to return to his place of duty at the expiration of the period for which his absence was authorised; or

(d) having been notified to report for duty fails to report to his place of duty without lawful excuse.

Malingering
49. —(1) Any person who with intent to render or keep himself unfit for service or duty —

(a) injures himself or causes or permits himself to be injured; or

(b) by act or omission causes himself to suffer from a sickness or disability or prolongs or aggravates a sickness or disability from which he suffers,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 12 months or any other punishment authorised by this Act.

(2) Any person who, with intent to avoid service or duty, falsely represents himself to be suffering from a sickness or disability shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 12 months or any other punishment authorised by this Act.

Drunkeness on duty, etc.
50. —(1) Any person who —

(a) is drunk on duty; or

(b) is drunk when he reports or should report for duty,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 6 months or any other punishment authorised by this Act.

(2) For the purposes of this section, a person shall be deemed to be drunk if, and only if, his faculties are, by reason of being under the influence of intoxicating liquor or a drug, so impaired that —

(a) it would be imprudent to entrust him, or to allow him to continue, with the discharge of his duties; or

(b) he is unfit for the discharge of his duties.

Assaults, insulting words, etc.
51. Any person who, on service land, in a service ship, aircraft or vehicle or in a public place —

(a) commits an assault on another person;

(b) causes a disturbance or behaves in a manner likely to cause a disturbance;

(d) uses insulting or provocative words to another person; or

(e) by reason of being under the influence of intoxicating liquor or a drug behaves in a disorderly manner,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

Negligent performance of duty
52. Any person who, in the performance of a duty that he is required by his office or appointment to perform, does not exercise such care as he could reasonably be expected to exercise having regard to the activities upon which he is engaged and to his training and experience in the Force shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 years or any other punishment authorised by this Act.

Contempt
53. Any person who —

(a) fails to comply with a summons or order to attend as a witness at a board of inquiry or at a trial of a service offence before a disciplinary officer;

(b) refuses to take an oath or make an affirmation when required to do so by a disciplinary officer at a trial of a service offence or by a board of inquiry;

(c) refuses to produce any document or material in his custody or control which a board of inquiry, a disciplinary officer or an investigating officer lawfully requires him to produce;

(d) as a witness refuses to answer any question which a board of inquiry or a disciplinary officer lawfully requires an answer;

(e) wilfully insults a disciplinary officer at a trial of a service offence or a board of inquiry; or

(f) wilfully interrupts, obstructs or disturbs the proceedings of a trial before a disciplinary officer or a board of inquiry,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or any other punishment authorised by this Act.

Attempts to commit service offence
54. —(1) Any person who, with intent to commit an offence under this Part, by act or omission behaves in a manner that is, or that he believes to be, a substantial step towards the commission of the offence shall be deemed, for the purpose of this section, to have attempted to commit the offence.

(2) Any person who attempts to commit a service offence under any of the provisions of this Part shall be liable on conviction to the like punishment for that offence.

(3) Any person charged with attempting to commit a service offence may be convicted of the attempt even though the evidence in the proceedings proves that the person committed the offence.

(4) Where an attempt to commit a service offence is voluntarily abandoned, the fact and circumstances of that abandonment shall be taken into consideration in mitigation of any punishment to be imposed in respect of the attempt.

Aiding, etc., commission of service offence
55. Any person who intentionally or recklessly —

(a) aids, abets, counsels or procures;

(b) incites to, urges or encourages; or

the commission of a service offence shall be guilty of the offence.

Conduct to the prejudice of Force discipline
56. Any person who is guilty of any conduct or neglect to the prejudice of good order or discipline of the Force shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding one year or any other punishment authorised by this Act.