73 Conduct prejudicial to service discipline

(1)

Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—

(a)

does or omits any act that is likely to prejudice service discipline; or

(b)

does or omits any act that is likely to bring discredit on the service of the Armed Forces to which he belongs or, if he is attached to any such service, either to that service or to the service to which he belongs; or

(c)

negligently fails to perform a duty imposed on him or her by service order, training, or custom; or

(d)

negligently performs a duty imposed on him or her by service order, training, or custom.

(2)

No person shall be charged with an offence against this section in respect of any act or omission that constitutes an offence against sections 23 to 72 or sections 74 to 77:

provided that if any person is charged with an offence against this section and is found guilty of the offence, the finding shall not be invalidated by reason only of the charge being in contravention of this subsection, unless it appears that injustice has been done to the person charged by reason of the contravention; but the conduct of the person laying any charge in contravention of this subsection shall not be vindicated by reason of that finding.

(3)

Despite anything to the contrary in any enactment or rule of law, if a person is charged with an offence against this section, the statement of offence may allege in the alternative 1 or more of the following:

(a)

that the person behaved in a manner that was likely to prejudice service discipline:

(b)

that the person behaved in a manner that was likely to bring discredit on the service to which he or she belongs or is attached, as the case may be:

(c)

that the person has negligently failed to perform a duty imposed on him or her by service order, training, or custom:

(d)

that the person negligently performed a duty imposed on him or her by service order, training, or custom.

Compare: 1950 No 39 s 61; 1950 No 40 s 61; Army Act 1955 s 69 (UK); Air Force Act 1955 s 69 (UK); Naval Discipline Act 1957 s 39 (UK)

Section 73(1)(b): amended, on 1 July 2009, by section 19(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

Section 73(1)(c): added, on 1 July 2009, by section 19(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

Section 73(1)(d): added, on 1 July 2009, by section 19(1) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

Section 73(3): substituted, on 1 July 2009, by section 19(2) of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).