Jersey Law 9/2001

 

REHABILITATION OF OFFENDERS (JERSEY) LAW 2001

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ARRANGEMENT OF ARTICLES

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1.             Interpretation

 

2.             General rule for rehabilitation

 

3.             Rehabilitation periods for particular sentences

 

4.             Rehabilitation period applicable to a conviction

 

5.             Effect of further conviction within rehabilitation period

 

6.             Effect of sentence for breach of binding over or probation after end of rehabilitation period

 

7.             Effect of rehabilitation: subsequent judicial proceedings

 

8.             Limitations on rehabilitation: subsequent judicial proceedings

 

9.             Defamation actions

 

10.           Effect of rehabilitation: other circumstances

 

11.           Unauthorized disclosure of spent conviction

 

12.           Citation and commencement

 

Schedule - Service disciplinary convictions

 


REHABILITATION OF OFFENDERS (JERSEY) LAW 2001

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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

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(Registered on the 2nd day of March 2001)

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STATES OF JERSEY

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The 7th day of November 2000

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                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’[1] (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;[2]

 

“1994 Law” means the Criminal Justice (Young Offenders) (Jersey) Law 1994;[3]

 

“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[4] or Article 8 of the 1994 Law;[5]

 

“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;[6]

 

“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[7] 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,[8] Article 13 of the 1969 Law[9] or Article 5(4) of the 1994 Law[10] 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.[11]

 

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[12] 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.[13]

 

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 6

 

Effect of sentence for breach of binding over or probation after end of rehabilitation period

 

                (1)     This Article applies where a binding over order or probation order was imposed for a conviction and, after the end of the rehabilitation period applicable to the conviction in accordance with Article 4, the person is dealt with, in consequence of a breach of the binding over order or probation order, for the offence for which such order was imposed.

 

                (2)     Without prejudice to Article 4(2), if the rehabilitation period applicable to the conviction in accordance with that paragraph, taking into account any sentence imposed when the person is dealt with for the breach, ends later than the rehabilitation period previously applicable to the conviction, he shall be treated as not having become rehabilitated in respect of the conviction, and the conviction shall be treated as not having become spent, before the end of the new rehabilitation period.

 

ARTICLE 7

 

Effect of rehabilitation: subsequent judicial proceedings

 

                (1)     Subject to Articles 8 and 9, a person rehabilitated in respect of a conviction shall be treated for all purposes in law as a person who has not committed or been charged with or prosecuted for or convicted of or sentenced for the offence which was the subject of that conviction.

 

                (2)     Subject to Articles 8 and 9, but notwithstanding any enactment or rule of customary law to the contrary -

 

                (a)     no evidence shall be admissible in any proceedings before a judicial authority to prove that a person who has become a rehabilitated person has committed or been charged with or prosecuted for or convicted of or sentenced for any offence which was the subject of a spent conviction; and

 

                (b)     a person shall not, in any such proceedings, be asked and, if asked, shall not be required to answer, any question relating to his past which cannot be answered without acknowledging or referring to a spent conviction or spent convictions or any circumstances ancillary to such convictions.

 

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;[14]

 

                (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.[15]

 

                (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.



[1] Tome 1933-1936, page 245 and Tome 1957-1960, page 177 (both repealed by Volume 1968-1969, page 341).

[2] Volume 1968-1969, page 247, Volume 1970-1972, page 511, Volume 1973-1974, page 371, Volume 1979-1981, page 25, Volume 1986-1987, pages 20 and 173, Volume 1994-1995, pages 58 and 118, Volume 1996-1997, pages 15 and 616 and Volume 1999, page 431.

[3] Volume 1994-1995, page 35, Volume 1999, page 429, and  R & O 8859.

[4] Volume 1968-1969, page 272 and Volume 1994-1995, page 58.

[5] Volume 1994-1995, page 42.

[6] Tome VII, page 190.

[7] Tome VII, page 190.

[8] Tome 1933-1936, page 245 and Tome 1957-1960, page 177 (both repealed by Volume 1968-1969, page 341).

[9] Volume 1968-1969, page 263 and Volume 1994-1995, page 58.

[10] Volume 1994-1995, page 40.

[11] Volume 1968-1969, page 274 and Volume 1994-1995, page 58.

[12] Tome 1933-1936, page 245 and Tome 1957-1960, page 177 (both repealed by Volume 1968-1969, page 341).

[13] Volume 1968-1969, pages 268 and 269 and Volume 1994-1995, page 58.

[14] Volume 1968-1969, page 247, Volume 1970-1972, page 511, Volume 1973-1974, page 371, Volume 1979-1981, page 25, Volume 1986-1987, pages 20 and 173, Volume 1994-1995, pages 58 and 118, Volume 1996-1997, pages 15 and 616 and Volume 1999, page 431.

[15] Volume 1992-1993, page 437.


Page Last Updated: 07 Jun 2015