REHABILITATION OF OFFENDERS (JERSEY) LAW 2001
____________
A LAW to provide for the rehabilitation
of certain offenders who have not been reconvicted, within a certain period of
time, for a serious offence, to penalize the unauthorized disclosure of spent
convictions, to amend the law of defamation and for connected purposes;
sanctioned by Order of Her Majesty in Council of the
14th day of FEBRUARY 2001
____________
(Registered on the 2nd day of March 2001)
____________
STATES OF JERSEY
____________
The 7th day of November 2000
____________
THE STATES, subject
to the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law -
ARTICLE 1
Interpretation
(1) In this Law, unless the
context otherwise requires -
“1935 Loi” means the Loi appliquant à cette Ile
certaines des dispositions de l’Acte de Parlement intitulé ‘Children and Young Persons
Act, 1933’ (23 Geo.5, c.12) confirmed by Order
of His Majesty in Council of the twenty-first day of February 1935;
“1969 Law” means the
Children (Jersey) Law 1969;
“1994 Law” means the
Criminal Justice (Young Offenders) (Jersey) Law 1994;
“Air Force Act” means
the Air Force Act 1955 (c.19) as it has effect in the Island by virtue of any
Order in Council;
“Army Act” means the
Army Act 1955 (c.18) as it has effect in the Island by virtue of any Order in
Council;
“attendance centre
order” means an order under Article 23 of the 1969 Law or Article 8 of the 1994 Law;
“binding over order”
means an order for the provisional release of an offender under Article 2 of
the Loi (1937) sur
l’atténuation des peines et sur la mise en liberté
surveillée;
“corresponding court-martial
punishment” means a punishment awarded under section 71A(3) or (4) of the
Army Act, section 71A(3) or (4) of the Air Force Act or section 43A(3) or (4)
of the Naval Discipline Act;
“enactment” includes an
enactment of the United Kingdom which has effect in the Island, whether by
Order in Council or otherwise;
“lesser sentence” means
any sentence other than a sentence excluded from rehabilitation;
“Naval Discipline Act”
means the Naval Discipline Act 1957 (c.53) as it has effect in the Island
by virtue of any Order in Council;
“official record” means
a record -
(a) kept, for the purposes
of its functions, by any court or public authority in the Island or by the
States of Jersey Police Force or the Honorary Police or kept, in the Island or
elsewhere, for the purposes of any of Her Majesty’s forces; and
(b) containing information
about persons convicted of offences;
“probation order” means
an order under the Loi (1937)
sur l’atténuation des peines et sur la mise en liberté
surveillée made on the condition described in
Article 3 thereof;
“proceedings before a judicial
authority” means -
(a) proceedings
before any court of law; or
(b) proceedings before any
tribunal, body or person having power -
(i) by
virtue of any enactment or rule of customary law or practice, or
(ii) under
the rules governing any association, institution, profession, occupation or
employment, or
(iii) under
any provision of an agreement providing for arbitration with respect to any
questions arising under the agreement,
to
determine any question affecting the rights, privileges, obligations or
liabilities of any person, or to receive evidence affecting the determination
of any such question;
“rehabilitation” means
rehabilitation in accordance with and for the purposes of this Law;
“sentence” includes any
order made by a court in respect of the conviction of a person of any offence
or offences, other than -
(a) an
order for committal; or
(b) any
other order made -
(i) in
default of payment of any fine or other sum adjudged to be paid by or imposed
on a conviction, or
(ii) for
want of sufficient distress to satisfy any such fine or other sum;
“sentence excluded from
rehabilitation” means -
(a) a
sentence of imprisonment for life;
(b) a
sentence of custody for life;
(c) a
sentence of preventive detention;
(d) a sentence of
imprisonment, detention in a young offender institution, youth custody or
corrective training for a term exceeding 30 months;
(e) a sentence of detention
during Her Majesty’s pleasure or a sentence of detention for a term
exceeding 30 months passed under Article 4 of the 1935 Loi, Article 13 of the 1969 Law or Article 5(4) of the 1994 Law or a corresponding court-martial
punishment;
“service disciplinary
proceedings” means any of the following -
(a) any proceedings under
the Army Act, the Air Force Act or the Naval Discipline Act (whether before a
court-martial or before any other court or person authorized thereunder to
award a punishment in respect of any offence);
(b) any proceedings under
any Act previously having effect in the Island corresponding to any of the Acts
mentioned in sub-paragraph (a);
“specified information”
means information imputing that a named or otherwise identifiable rehabilitated
living person has committed or been charged with or prosecuted for or convicted
of or sentenced for any offence which is the subject of a spent conviction.
(2) In this Law, a
reference to a sentence of detention for any term without more means a sentence
passed under Article 4 of the 1935 Loi,8 Article 13 of the 1969 Law9 or
Article 5(4) of the 1994 Law.10
(3) For the purposes of
this Law, any finding that a person is guilty of an offence in respect of any
act or omission which was the subject of service disciplinary proceedings shall
be treated as a conviction and any punishment awarded or order made by virtue
of Schedule 5A to the Army Act or the Air Force Act or by virtue of Schedule 4A
to the Naval Discipline Act in respect of any such finding shall be treated as
a sentence.
(4) In this Law, any
reference to a conviction, however expressed, includes a reference -
(a) to a conviction by or
before a court outside the Island; and
(b) to any finding, other
than a finding linked with a finding of insanity, in any criminal proceedings
that a person has committed an offence or done the act or made the omission
charged.
(5) In this Law, any
reference to circumstances ancillary to a conviction shall be construed as a
reference to any of the following -
(a) the offence or offences
which were the subject of that conviction;
(b) the conduct
constituting that offence or those offences; and
(c) any process or
proceedings preliminary to that conviction, any sentence imposed in respect of
that conviction, any proceedings, whether by way of appeal or otherwise, for
reviewing that conviction or any such sentence, and anything done pursuant to,
or undergone in compliance with, any such sentence.
(6) In this Law, a
reference to an Article by number only is a reference to the Article of that
number in this Law and a reference in an Article or other division of this Law
to a paragraph or sub-paragraph by number only is a reference to the paragraph
or sub-paragraph of that number in the Article or other division in which that
reference occurs.
(7) In this Law, a
reference to an enactment, is a reference to that enactment as amended from
time to time and includes a reference to that enactment as extended or applied
under another enactment, including another provision of this Law.
ARTICLE 2
General rule for rehabilitation
(1) Rehabilitation shall
only apply to a conviction, whether before or after this Law comes into force,
for an offence for which a lesser sentence is imposed.
(2) An individual shall be
rehabilitated in respect of such a conviction if -
(a) during the
rehabilitation period applicable to the conviction, there is not imposed on
him, for a subsequent conviction, a sentence excluded from rehabilitation; and
(b) he has served or
otherwise undergone or complied with any sentence imposed on him in respect of
such conviction.
(3) Where the conditions in
paragraph (2) are satisfied, the individual shall be rehabilitated in respect
of the conviction and the conviction treated as spent -
(a) after the end of the
rehabilitation period applicable to the conviction; or
(b) where that period ended
before this Law comes into force, after this Law comes into force.
(4) An individual shall not
be treated as having failed to satisfy the condition in paragraph (2)(b) by
reason only of -
(a) the failure to pay a
fine or other sum adjudged to be paid by or imposed on a conviction, or breach
of a condition of a binding over order; or
(b) the breach of any
condition or requirement applicable in relation to a sentence which renders the
person to whom it applies liable to be dealt with for the offence for which the
sentence was imposed.
ARTICLE 3
Rehabilitation periods for particular sentences
(1) The rehabilitation
period applicable to a sentence specified in the first column of the table
below is the period specified in the second column of that table in relation to
that sentence in the case of any person or any particular description of
person.
|
Sentence
|
Rehabilitation period
|
|
1. An
absolute discharge.
|
6 months
from the conviction date.
|
|
2. A
binding over order.
|
Whichever
is the longer of one year from the conviction date or the period beginning
with that date and ending when the binding over order ceases or ceased to
have effect.
|
|
3. An
attendance centre order.
|
The
period beginning with the conviction date and ending one year after the date
on which the attendance centre order ceases or ceased to have effect.
|
|
4. A
sentence, for a term not exceeding 6 months, of detention.
|
3 years
from the conviction date.
|
|
5. A
custodial order, where the maximum period of detention specified in the order
is six months or less, under Schedule 5A to the Army Act or the Air Force Act
or under Schedule 4A to the Naval Discipline Act.
|
3 years
from the conviction date.
|
|
Sentence
|
Rehabilitation period
|
|
6. Any
sentence of detention in respect of a conviction in service disciplinary
proceedings.
|
Person
aged 18 or more: 5 years from the conviction date.
Person
aged less than 18: 2½ years from the conviction date.
|
|
7. A
fine, or any other sentence subject to rehabilitation under this Law, not
being a sentence within any other item in this column of this table.
|
Person aged 18 or more: 5 years from the
conviction date.
Person aged less than 18: 2½ years
from the conviction date.
|
|
8. A
sentence, for a term exceeding 6 months but not exceeding 30 months, of
detention.
|
5 years
from the conviction date.
|
|
9. A
probation order.
|
Person
aged 18 or more: 5 years from the conviction date.
Person
aged less than 18: whichever is the longer of 2½ years from the
conviction date or a period beginning with that date and ending when the
probation order ceases or ceased to have effect.
|
|
10. A
sentence, for a term not exceeding 6 months, of imprisonment, detention in a
young offender institution or youth custody.
|
Person
aged 18 or more: 7 years from the conviction date.
Person
aged less than 18: 3½ years from the conviction date.
|
|
Sentence
|
Rehabilitation period
|
|
11. A
custodial order, where the maximum period of detention specified in the order
is more than 6 months, under section 71AA of or Schedule 5A to the Army Act
or the Air Force Act or under section 43AA of or Schedule 4A to the Naval
Discipline Act.
|
7 years
from the conviction date.
|
|
12. A
sentence of dismissal from Her Majesty’s service.
|
Person
aged 18 or more: 7 years from the conviction date.
Person
aged less than 18: 3½ years from the conviction date.
|
|
13. A
sentence of cashiering, discharge with ignominy or dismissal with disgrace
from Her Majesty’s Service.
|
Person
aged 18 or more: 10 years from the conviction date.
Person
aged less than 18: 5 years from the conviction date.
|
|
14. A
sentence, for a term exceeding 6 months but not exceeding 30 months, of
imprisonment, detention in a young offender institution, youth custody or
corrective training.
|
Person
aged 18 or more: 10 years from the conviction date.
Person
aged less than 18: 5 years from the conviction date.
|
|
Sentence which may no longer be passed
|
Rehabilitation period
|
|
15. Birching.
|
One year
from the conviction date.
|
|
16. A
fit person order under Article 24 of the 1969 Law.
|
Whichever
is the longer of one year from the conviction date or the period beginning
with that date and ending when the order ceases or ceased to have effect.
|
|
17. An
approved school order under Article 7 of the 1935 Loi or under Article 24 of the 1969
Law.11
An order under Article 13 of the 1935 Loi.12
|
The
period beginning with the conviction date and ending one year after the date
on which the order ceases or ceased to have effect.
|
|
18. An
order for detention in or committal to a detention centre or a young
offenders’ centre under Article 19 or 20 of the 1969 Law.
|
3 years
from the conviction date.
|
|
19. A
sentence of Borstal training.
|
7 years
from the conviction date.
|
(2) For the purpose of
determining the rehabilitation period applicable to a person by virtue of the
table above, his age shall be taken at the conviction date.
(3) Where, in respect of a
conviction, an order was made imposing on the person convicted any
disqualification, disability, prohibition or other penalty, the rehabilitation
period applicable to the sentence shall be a period beginning with the
conviction date and ending on the date on which the disqualification,
disability, prohibition or penalty, as the case may be, ceases or ceased to
have effect.
(4) The States may by
Regulations substitute or amend the table in paragraph (1) for the purpose of
re-arranging the table or of adding a description of sentence and specifying
the rehabilitation period applicable to that sentence, and may specify
different rehabilitation periods in the cases of persons of different ages.
(5) For the purposes of
this Article -
(a) “sentence of
imprisonment” includes a sentence of penal servitude or hard labour and
“term of imprisonment” shall be construed accordingly;
(b) consecutive terms of
imprisonment or of detention and terms which are wholly or partly concurrent,
being terms of imprisonment or detention imposed in respect of offences of
which a person was convicted in the same proceedings shall be treated as a
single term; and
(c) a sentence imposed by a
court outside the Island shall be treated as a sentence of that one of the
descriptions in this Article which most nearly corresponds to the sentence
imposed.
ARTICLE 4
Rehabilitation period applicable to a conviction
(1) Subject to Articles 5
and 6, where only one lesser sentence is imposed for a conviction, the
rehabilitation period applicable to the conviction is that which is applicable
to that sentence in accordance with Article 3.
(2) Subject to Articles 5
and 6, where 2 or more lesser sentences are imposed for a conviction (whether
or not in the same proceedings), the rehabilitation period applicable to the
conviction is that which is applicable to each of those sentences, if the same,
or, if different, the longest of the rehabilitation periods applicable to those
sentences.
ARTICLE 5
Effect of further conviction within rehabilitation period
(1) This Article applies
where, during the rehabilitation period applicable to a conviction (‘the
first conviction’) -
(a) the person is convicted
of a further offence (‘the second conviction’) and the conviction
is not -
(i) a conviction in service
disciplinary proceedings for an offence listed in the Schedule to this Law, or
(ii) a conviction by or
before a court outside the Island of an offence in respect of conduct which, if
it had taken place in the Island, would not have constituted an offence under
the laws of the Island;
and
(b) a sentence excluded
from rehabilitation is not imposed on him in respect of the second conviction.
(2) Subject to paragraph
(3), if the rehabilitation periods applicable to the first conviction and the
second conviction would end on different dates, the period which would end
first shall be extended so as to end on the same date as the other period.
(3) The rehabilitation
period applicable to a conviction shall not be extended where -
(a) only one lesser
sentence was imposed for the other conviction; and
(b) the rehabilitation
period applicable to that sentence was determined in accordance with Article
3(3).
(4) For the purposes of
paragraph (2), in determining the rehabilitation period applicable to a
conviction for which 2 or more lesser sentences are imposed, there shall be
disregarded any rehabilitation period applicable to a sentence in accordance
with Article 3(3).
ARTICLE 8
Limitations on rehabilitation: subsequent judicial proceedings
(1) Nothing in Article 7
shall affect -
(a) any right of Her
Majesty, by virtue of Her Royal prerogative or otherwise, to grant a free
pardon, to quash any conviction or sentence, or to commute any sentence;
(b) the enforcement by any
process or proceedings of any fine or other sum adjudged to be paid by or
imposed on a spent conviction;
(c) the issue of any
process for the purpose of proceedings in respect of any breach of a condition
or requirement applicable to a sentence imposed in respect of a spent
conviction; or
(d) the operation of any
enactment by virtue of which, in consequence of any conviction, a person is
subject, otherwise than by way of sentence, to any disqualification,
disability, prohibition or other penalty the period of which extends beyond the
rehabilitation period applicable to the conviction.
(2) Nothing in Article 7
shall affect the determination of any issue, or prevent the admission or
requirement of any evidence, relating to a person’s previous convictions
or to circumstances ancillary to them -
(a) in any criminal
proceedings before a court in the Island, including any appeal or reference in
a criminal matter;
(b) in any service
disciplinary proceedings or in any proceedings on appeal from any service
disciplinary proceedings;
(c) in any proceedings
relating to adoption, the marriage of any minor, the exercise of the inherent
jurisdiction of the Royal Court with respect to minors or the provision by any
person of accommodation, care or schooling for minors;
(d) in any proceedings brought
under the 1969 Law;
(e) in any proceedings in
which he is a party or a witness, provided that, notwithstanding Article 7, on
the occasion when the issue or the admission or requirement of the evidence
falls to be determined, he consents to the determination of the issue or, as
the case may be, the admission or requirement of the evidence.
(3) Subject to paragraph
(4), if, at any stage in any proceedings before a judicial authority in the
Island, the authority is satisfied, in the light of any considerations which
appear to it to be relevant, including any evidence which has been or may be
thereafter put before it, that justice cannot be done in the case except by
admitting or requiring evidence relating to a person’s spent convictions
or to circumstances ancillary to such convictions, the authority -
(a) notwithstanding Article
7, may admit or, as the case may be, require the evidence in question; and
(b) may, in determining any
issue to which the evidence relates, disregard Article 7 so far as necessary.
(4) Paragraph (3) does not
apply to proceedings -
(a) to which, by virtue of
paragraph (2) or any Regulations made under paragraph (5), Article 7 does not
apply; or
(b) to which Article 9
applies.
(5) The States may by
Regulations exclude the application of Article 7 in relation to any proceedings
specified in the Regulations, other than proceedings to which Article 9
applies, to such extent and for such purposes as may be so specified.
(6) No order made by a
court with respect to any person otherwise than on a conviction shall be
included in any list or statement of that person’s previous convictions
given or made to any court which is considering how to deal with him in respect
of any offence.
ARTICLE 9
Defamation actions
(1) For the purposes of
this Article, “defamation action” means an action for libel or
slander begun after this Law comes into force by a rehabilitated person and
founded upon the publication of any matter imputing that the plaintiff has
committed or been charged with or prosecuted for or convicted of or sentenced
for an offence which was the subject of a spent conviction.
(2) Nothing in Article 7
shall affect a defamation action where the publication complained of took place
before the conviction in question became spent.
(3) Paragraphs (4) to (8)
apply to a defamation action where the publication complained of took place
after the conviction in question became spent.
(4) Subject to paragraphs
(6) and (7), nothing in Article 7 shall prevent the defendant in a defamation
action to which this paragraph applies from relying on any defence of
justification or fair comment or of absolute or qualified privilege which is
available to him or restrict the matters he may establish in support of any
such defence.
(5) Without prejudice to
the generality of paragraph (4), where, in any such action, malice is alleged
against a defendant who is relying on a defence of qualified privilege, nothing
in Article 7 shall restrict the matters he may establish in rebuttal of the
allegation.
(6) A defendant in any such
action shall not, by virtue of paragraph (4), be entitled to rely upon the
defence of justification if the publication is proved to have been made with
malice.
(7) Subject to paragraph
(8), a defendant in any such action shall not, by virtue of paragraph (4), be
entitled to rely on any matter or adduce or require any evidence for the
purpose of establishing the defence that the matter published constituted a
fair and accurate report of judicial proceedings if it is proved that the
publication contained a reference to evidence which was ruled to be
inadmissible in the proceedings by virtue of Article 7.
(8) Paragraph (4) shall
apply without the qualifications imposed by paragraph (7) in relation to -
(a) any report of judicial
proceedings contained in any bona fide series of law reports which does not
form part of any other publication and consists solely of reports of
proceedings in courts of law; and
(b) any report or account
of judicial proceedings published for bona fide educational, scientific or
professional purposes, or given in the course of any lecture, class or
discussion given or held for any of those purposes.
ARTICLE 10
Effect of rehabilitation: other
circumstances
(1) Subject to Regulations made
under paragraph (3), where a question seeking information with respect to a
person’s previous convictions, offences, conduct or circumstances is put
to him or to any other person otherwise than in proceedings before a judicial
authority -
(a) the question shall be
treated as not relating to spent convictions or to any circumstances ancillary
to such convictions, and the answer to the question may be framed accordingly;
and
(b) the person questioned
shall not be subjected to any liability or otherwise prejudiced in law by
reason of any failure to acknowledge or disclose a spent conviction or any
circumstances ancillary to such a conviction in his answer to the question.
(2) Subject to Regulations
made under paragraph (3) -
(a) any obligation imposed
on any person by any rule of law or by the provisions of any agreement or
arrangement to disclose any matters to any other person shall not extend to
requiring him to disclose a spent conviction or any circumstances ancillary to
such a conviction (whether the conviction is his own or another’s); and
(b) a conviction which has
become spent or any circumstances ancillary to it, or any failure to disclose a
spent conviction or any such circumstances, shall not be a proper ground for
dismissing or excluding a person from any office, profession, occupation or
employment, or for prejudicing him in any way in any occupation or employment.
(3) The States may by
Regulations -
(a) make such provisions as
seem to them appropriate for excluding or modifying the application of either
or both of paragraph (1)(a) and (b) in relation to questions put in such
circumstances as may be specified in the Regulations; and
(b) provide for such
exceptions from either or both of the provisions of paragraph (2) as seem to them
appropriate, in such cases or classes of case, and in relation to convictions
of such a description, as may be specified in the Regulations.
ARTICLE 11
Unauthorized disclosure of spent conviction
(1) Subject to Regulations
made under paragraph (4), any person who, in the course of his official duties,
has or at any time has had custody of or access to any official record or the
information contained in it shall be guilty of an offence if, knowing or having
reasonable cause to suspect that any specified information he has obtained in
the course of those duties is specified information, he discloses it to another
person.
(2) In any proceedings for
an offence under paragraph (1), it shall be a defence for the defendant to show
that the disclosure was made -
(a) to the rehabilitated
person or to another person at the express request of the rehabilitated person;
or
(b) to a person whom he
reasonably believed to be the rehabilitated person or to another person at the
express request of a person whom he reasonably believed to be the rehabilitated
person.
(3) Any person who obtains
any specified information from any official record by means of any fraud,
dishonesty or bribe shall be guilty of an offence.
(4) The States may by
Regulations make such provision as appears to them to be appropriate for
excepting from paragraph (1) the disclosure of specified information derived
from an official record, in such cases or classes of case as may be specified
in the Regulations.
(5) A person guilty of an
offence under paragraph (1) shall be liable to a fine not exceeding level 3 on
the standard scale.
(6) A person guilty of an
offence under paragraph (3) shall be liable to imprisonment for a term not
exceeding 6 months or a fine not exceeding level 4 on the standard scale,15 or
both.
ARTICLE 12
Citation and commencement
This
Law may be cited as the Rehabilitation of Offenders (Jersey) Law 2001 and shall
come into force on such day as the States by Act appoint.
C.M.
NEWCOMBE
Greffier of the States.
SCHEDULE
(Article 5(1))
SERVICE DISCIPLINARY CONVICTIONS
1. Any
conviction for an offence mentioned in this Schedule is a conviction referred
to in Article 5(1)(a)(i).
Provisions of the Army Act 1955 and the Air Force Act 1955
2. Any offence
under any of the provisions of the Army Act 1955 or the Air Force Act 1955
listed in the first column of the following table -
|
Provision
|
Subject-matter
|
|
Section 29
|
Offences by or in relation to
sentries, persons on watch etc.
|
|
Section 29A
|
Failure to attend for duty,
neglect of duty etc.
|
|
Section 33
|
Insubordinate behaviour.
|
|
Section 34
|
Disobedience to lawful commands.
|
|
Section 34A
|
Failure to provide a sample for
drug testing.
|
|
Section 35
|
Obstruction of provost officers.
|
|
Section 36
|
Disobedience to standing orders.
|
|
Section 38
|
Absence without leave.
|
|
Section 39
|
Failure to report or apprehend
deserters or absentees.
|
|
Section 42
|
Malingering.
|
|
Section 43
|
Drunkenness.
|
|
Section 43A
|
Fighting, threatening words etc.
|
|
Section 44
|
Damage to, and loss of, public or service
property etc.
|
|
Section 44A
|
Damage to, and loss of, Her
Majesty’s aircraft or aircraft material.
|
|
Provision
|
Subject-matter
|
|
Section 44B
|
Interference etc. with equipment,
messages or signals.
|
|
Section 45
|
Misapplication and waste of public
or service property.
|
|
Section 46
|
Offences relating to issues and
decorations.
|
|
Section 47
|
Billeting offences.
|
|
Section 48
|
Offences in relation to
requisitioning of vehicles.
|
|
Section 50
|
Inaccurate certification.
|
|
Section 51
|
Low flying.
|
|
Section 52
|
Annoyance by flying.
|
|
Section 54
|
Permitting escape, and unlawful
release of prisoners.
|
|
Section 55
|
Resistance to arrest.
|
|
Section 56
|
Escape from confinement.
|
|
Section 57
|
Offences in relation to
courts-martial.
|
|
Section 61
|
Making of false statements on
enlistment.
|
|
Section 62
|
Making of false documents.
|
|
Section 63
|
Offences against civilian
population.
|
|
Section 69
|
Conduct to prejudice of military
discipline or air-force discipline.
|
3. Any offence
under section 68 or 68A of the Army Act 1955 in relation to an offence under
any of the provisions of that Act listed in paragraph 2.
4. Any offence
under section 68 or 68A of the Air Force Act 1955 in relation to an
offence under any of the provisions of that Act listed in paragraph 2.
Provisions of the Naval Discipline Act 1957
5. Any offence
under any of the provisions of the Naval Discipline Act 1957 listed in the
first column of the following table -
|
Provision
|
Subject-matter
|
|
Section 6
|
Offences by or in relation to
sentries, persons on watch, etc.
|
|
Section 7
|
Failure to attend for duty,
neglect of duty, etc.
|
|
Section 11
|
Insubordinate behaviour.
|
|
Section 12
|
Disobedience to lawful commands.
|
|
Section 12A
|
Failure to provide a sample for
drug testing.
|
|
Section 13
|
Fighting, threatening words etc.
|
|
Section 14
|
Obstruction of provost officers.
|
|
Section 14A
|
Disobedience to standing orders.
|
|
Section 17
|
Absence without leave etc.
|
|
Section 18
|
Failure to report deserters and
absentees.
|
|
Section 21
|
Low flying.
|
|
Section 22
|
Annoyance by flying.
|
|
Section 25
|
Inaccurate certification.
|
|
Section 27
|
Malingering.
|
|
Section 28
|
Drunkenness.
|
|
Section 29
|
Damage to, and loss of, public or
service property etc.
|
|
Section 29A
|
Damage to, and loss of, Her
Majesty’s aircraft or aircraft material.
|
|
Section 29B
|
Interference etc. with equipment,
messages or signals.
|
|
Section 30
|
Misapplication and waste of public
or service property.
|
|
Section 31
|
Offences relating to issues and
decorations.
|
|
Section 32
|
Billeting offences.
|
|
Section 33
|
Offences in relation to the
requisitioning of vehicles etc.
|
|
Provision
|
Subject-matter
|
|
Section 33A
|
Permitting escape, and unlawful
release of prisoners.
|
|
Section 33B
|
Resistance to arrest.
|
|
Section 33C
|
Escape from confinement.
|
|
Section 34A
|
False statements on entry.
|
|
Section 35
|
Falsification of documents.
|
|
Section 35A
|
Offences against civilian
population.
|
|
Section 38
|
Offences in relation to
courts-martial.
|
|
Section 39
|
Conduct to the prejudice of naval
discipline.
|
6. Any offence
under section 40 or 41 of the Naval Discipline Act 1957 in relation to an offence
under any of the provisions of that Act listed in paragraph 5.