STATUTE LAW (REPEALS) BILL - Law Commission

It was felt important to maintain public confidence in a serviceman’s discharge
papers as they were the only documents to show to a prospective employer to
explain his absence from civilian employment during the period of his service.
However, the text prohibiting the forging of these papers has since been
repealed 30 , leaving the interpretation provision in subsection (2) with nothing
to bite on. Moreover the repeal has resulted in subsection (1) creating a
criminal offence of impersonating someone who is or was in the armed forces.
It is not clear why, in the absence of any deception, dishonesty or harmful
effect, such an act should be criminalised. 31 An impersonation is liable to be
punishable as fraud under section 2 of the Fraud Act 2006 (fraud by false
representation) if the false representation is made dishonestly and with the
intention of making a gain, or causing a loss, for any person. This effectively
supersedes section 1 of the 1906 Act. There is no record of any prosecution
being brought under this provision.
5. Section 2 (penalty on using or giving false statements for enlistment) is
also unnecessary. As amended it provides as follows-
“If any man when entering or enlisting or offering himself for entry or
enlistment in His Majesty’s naval, military, or marine forces makes use
of any statement as to his character or previous employment which to
his knowledge is false in any material particular, he shall be liable, on
conviction under the Summary Jurisdiction Acts, to a fine not
exceeding level 2 on the standard scale; and if any person makes a
written statement as to the character or previous employment of any
man which he knows to be false in any material particular, and which
he allows or intends to be used for the purpose of the entry or
enlistment of that man into His Majesty’s naval, military, or marine
forces, he shall be liable, on conviction under the Summary Jurisdiction
Acts, to the like fine.”.
6. Section 2 has been superseded by subsequent legislation. A number of
Services related provisions make it an offence for a person applying to join
the armed forces to give false information in their application. Thus a person
enlisting to join the Army who knowingly makes a false answer to any
question contained in the attestation paper is liable on summary conviction to
30
Forgery and Counterfeiting Act 1981, s 30, Sch 1, Pt 1.
31
The unauthorised wearing of military uniform remains an offence pursuant to the Uniforms Act 1894,
s2.
39