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Section 11 Misconduct towards a superior officerI1I2C1

(1)

A person subject to service law commits an offence if—

(a)

he uses violence against a superior officer (“B”); and

(b)

he knows or has reasonable cause to believe that B is a superior officer.

(2)

A person subject to service law commits an offence if—

(a)

his behaviour towards a superior officer (“B”) is threatening or disrespectful; and

(b)

he knows or has reasonable cause to believe that B is a superior officer.

(3)

For the purposes of this section—

(a)

the behaviour of a person (“A”) towards another person (“B”) includes any communication made by A to B (whether or not in B's presence);

(b)

“threatening” behaviour is not limited to behaviour that threatens violence.

(4)

A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed—

(a)

in the case of an offence under subsection (1), or an offence under subsection (2) of behaviour that is threatening, ten years;

(b)

in any other case, two years.

Annotations

Modifications

C1

S. 11 modified (31.10.2009) by The Armed Forces (Naval Chaplains) Regulations 2009 (S.I. 2009/826), regs. 1, 4 (with reg. 2(c))

Commencement

I1

S. 11 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2

S. 11 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Notes on the whole Act

Textual amendments

F1

Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)