Armed Forces Bill - Big Changes for RAF

[Scud-U-Like]

Southside

I think you're tying yourself in knots.

You asked, "Has an Officer ever been arrested?"

I replied, "Yes, many officers have been arrested"

You didn't qualify 'ever', so I didn't qualify 'many'.

Happy?

tonkatechie

You cannot commit an offence contrary to UK criminal law, outside the UK, unless an offence has extra-territorial provisions. In other words, the offence makes it a crime for a UK citizen to do some act overseas. Such offences are few, but include genocide, torture and some sexual offences relating to children overseas.

Save for these exceptions, a British citizen (including a member of the armed forces) who is outside the UK, cannot commit a criminal offence contrary to the criminal laws of the UK. There is no 'primacy'. The law does not apply. Simple as that.

All members of the armed forces are, however, subject to the service discipline acts and it is into these acts that most English (though not Scottish or NI) criminal offences are incorporated.

Section 70 of the Air Force Act (the other two services have similar provisions) makes it an air-force offence to commit any civil offence. 'Civil offence' means any act or omission punishable by the law of England, or which, if committed in England, would be punishable under that law.

While serving overseas, you are bound by the criminal laws of the country you are visiting, unless the law of that country, your country or international law, provides otherwise (eg under visiting forces laws). The relative strictness of the laws of the country you are visiting and UK service law, is immaterial.

If, as the service pilot of a UK military aircraft, you breach a flying regulation and such a breach amounts to an offence, contrary to service law or the law of the country you are visiting (but see the above paragraph), you commit an offence.