Conduct prejudicial to good order and discipline
Encyclopedia
Conduct prejudicial to good order and discipline is an offence against military law in many countries. It has existed in military law since before the 17th century and is an important offence which functions as a catch-all to criminalise offences against military order which are not specified elsewhere.
This kind of offence was first introduced to English
military law in the 17th century, the law having previously been "minute in its details" with no catch-all article. However such articles were found in continental military law such as the Swedish Articles of Gustavus Adolphus issued in 1621 which allowed for "whatsoever is not contained in these articles, and is repugnant to military discipline ... shall the several commanders make good, or see severally punished". A form of this catch-all article was introduced to England in the Articles of War
for 1625 which stated that "all other disorders whatsoever are to be punished, as these formerly nominated". This had been expanded on in the 1627 articles stated that "all other abuses and offences not specified in these orders shall be punished according to the discipline of war and opinions of such officers and others shall be called to make a Councell of Warr
".
The article took on something of its modern form in 1642 when the Earl of Essex's Articles of War stated that "all other faults, disorders and offences, not mentioned in these articles, shall be punished according to the general customs and laws of war". The "conduct to the prejudice" concept was introduced at some point after 1700. By the late 18th century the offence had become article 23 of the British
military law and allowed for the punishment of "all disorders or neglects ... to the prejudice of good order and military discipline". This part of British military law was adopted by the Continental Congress
for use in the military of the United States
in 1775. By 1835 the article was commonly known as the "Devil's article" within the British Army.
of 1922. The act allows for two separate offences: conduct prejudicial to good order and discipline or an act prejudicial to good order and discipline.
the offence is covered by section 19 of the Armed Forces Act 2006
, which applies to all branches. The offence is categorised as an offence of "neglect of duty and misconduct" and the covers "an act that is prejudicial to good order and service discipline" or causing the same through omission. A person may be tried for the offence at a court martial or through a summary hearing in front of their Commanding Officer
. Unlike some offences in the Armed Forces Act it is not applicable to civilians subject to service discipline
.
A person found guilty of the offence may be punished by one or more of:
) of the Uniform Code of Military Justice
(UCMJ). This section states that "all disorders and neglects to the prejudice of good order and discipline in the armed forces" shall be tried by court martial and punished at the discretion of that court. The general article also covers offences which bring discredit upon the armed forces and "crimes and offenses not capital".
The UCMJ requires that all acts be directly prejudicial to good order and discipline. Examples of misconduct prosecuted under the act includes a Chief Petty Officer
"cross dressing in public view", a Sergeant
who mooned
another servicemember's wife and a seaman making unauthorised long distance calls. Examples of conduct listed in the Manual for Courts-Martial
include adultery, bribery, fraternization, gambling, straggling, and indecent language
.
Background
The offence of "conduct prejudicial to good order and discipline" has been described as one of the offences that forms the "hardcore of military law". The offence is present in the military law of many countries and is often considered a catch-all offence to criminalise misconduct that is not specified elsewhere.This kind of offence was first introduced to English
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
military law in the 17th century, the law having previously been "minute in its details" with no catch-all article. However such articles were found in continental military law such as the Swedish Articles of Gustavus Adolphus issued in 1621 which allowed for "whatsoever is not contained in these articles, and is repugnant to military discipline ... shall the several commanders make good, or see severally punished". A form of this catch-all article was introduced to England in the Articles of War
Articles of War
The Articles of War are a set of regulations drawn up to govern the conduct of a country's military and naval forces. The phrase was first used in 1637 in Robert Monro's His expedition with the worthy Scots regiment called Mac-keyes regiment etc. and can be used to refer to military law in general...
for 1625 which stated that "all other disorders whatsoever are to be punished, as these formerly nominated". This had been expanded on in the 1627 articles stated that "all other abuses and offences not specified in these orders shall be punished according to the discipline of war and opinions of such officers and others shall be called to make a Councell of Warr
Council of war
A council of war is a term in military science that describes a meeting held to decide on a course of action, usually in the midst of a battle. Under normal circumstances, decisions are made by a commanding officer, optionally communicated and coordinated by staff officers, and then implemented by...
".
The article took on something of its modern form in 1642 when the Earl of Essex's Articles of War stated that "all other faults, disorders and offences, not mentioned in these articles, shall be punished according to the general customs and laws of war". The "conduct to the prejudice" concept was introduced at some point after 1700. By the late 18th century the offence had become article 23 of the British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
military law and allowed for the punishment of "all disorders or neglects ... to the prejudice of good order and military discipline". This part of British military law was adopted by the Continental Congress
Continental Congress
The Continental Congress was a convention of delegates called together from the Thirteen Colonies that became the governing body of the United States during the American Revolution....
for use in the military of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
in 1775. By 1835 the article was commonly known as the "Devil's article" within the British Army.
Canada
The charge is covered by section 129 of the National Defence ActNational Defence Act
The National Defence Act is the primary enabling legislation for organizing and funding Canada's military....
of 1922. The act allows for two separate offences: conduct prejudicial to good order and discipline or an act prejudicial to good order and discipline.
United Kingdom
In the British Armed ForcesBritish Armed Forces
The British Armed Forces are the armed forces of the United Kingdom of Great Britain and Northern Ireland.Also known as Her Majesty's Armed Forces and sometimes legally the Armed Forces of the Crown, the British Armed Forces encompasses three professional uniformed services, the Royal Navy, the...
the offence is covered by section 19 of the Armed Forces Act 2006
Armed Forces Act 2006
The Armed Forces Act 2006 is an Act of the Parliament of the United Kingdom.It came into force on 31 October 2009. It replaces the three separate Service Discipline Acts as the system of military law under which the British Armed Forces operate...
, which applies to all branches. The offence is categorised as an offence of "neglect of duty and misconduct" and the covers "an act that is prejudicial to good order and service discipline" or causing the same through omission. A person may be tried for the offence at a court martial or through a summary hearing in front of their Commanding Officer
Commanding officer
The commanding officer is the officer in command of a military unit. Typically, the commanding officer has ultimate authority over the unit, and is usually given wide latitude to run the unit as he sees fit, within the bounds of military law...
. Unlike some offences in the Armed Forces Act it is not applicable to civilians subject to service discipline
Civilian subject to service discipline
A civilian subject to service discipline is someone who, whilst not a member of the British Armed Forces, is nevertheless subject to some aspects of British military law and the military justice system.- Categories :...
.
A person found guilty of the offence may be punished by one or more of:
- Imprisonment not exceeding two years duration.
- DismissalMilitary dischargeA military discharge is given when a member of the armed forces is released from their obligation to serve.-United States:Discharge or separation should not be confused with retirement; career U.S...
from Her Majesty's service (with or without disgrace). - Detention (in guardhouseGuardhouseA guardhouse is a building used to house personnel and security equipment...
or at the Military Corrective Training Centre) not exceeding two years duration. Only where the person being sentenced is not an officer. - Forfeiture of part or all of accrued seniority. Only where the person being sentenced is an officer.
- Reduction in rank or disrating. Only for warrant or non-commissioned officers.
- A fine
- A community service order, only where the person being sentenced is also dismissed, is aged over 18 and resides in the UK.
- A formal reprimand for officers, warrant officers and NCOs.
- A service supervision and punishment order for a period of 30, 60 or 90 days for able seamen, marines, soldiers or airmen only. The offender forfeits one sixth of their pay for the period and may lose their leave entitlements and be made to perform extra work or drill.
- Ordered to pay compensation for any financial loss.
United States
In the US Armed Forces the offence is covered by article 134 (the "general article"General article (military law)
A general article, in military law is a legal provision that authorizes punishment of military personnel on grounds that are less specific as to the particulars of the offense and as to the punishment, compared to most crimes in modern West European law...
) of the Uniform Code of Military Justice
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
(UCMJ). This section states that "all disorders and neglects to the prejudice of good order and discipline in the armed forces" shall be tried by court martial and punished at the discretion of that court. The general article also covers offences which bring discredit upon the armed forces and "crimes and offenses not capital".
The UCMJ requires that all acts be directly prejudicial to good order and discipline. Examples of misconduct prosecuted under the act includes a Chief Petty Officer
Chief Petty Officer
A chief petty officer is a senior non-commissioned officer in many navies and coast guards.-Canada:"Chief Petty Officer" refers to two ranks in the Canadian Navy...
"cross dressing in public view", a Sergeant
Sergeant
Sergeant is a rank used in some form by most militaries, police forces, and other uniformed organizations around the world. Its origins are the Latin serviens, "one who serves", through the French term Sergent....
who mooned
Mooning
Mooning is the act of displaying one's bare buttocks by removing clothing, e.g., by lowering the backside of one's trousers and underpants, usually bending over, whether also exposing the genitals or not...
another servicemember's wife and a seaman making unauthorised long distance calls. Examples of conduct listed in the Manual for Courts-Martial
Manual for Courts-Martial
The Manual for Courts-Martial is the official guide to the conduct of Courts-martial in the United States military. An Executive Order of the President of the United States, the MCM details and expands on the military law in the Uniform Code of Military Justice...
include adultery, bribery, fraternization, gambling, straggling, and indecent language
Profanity
Profanity is a show of disrespect, or a desecration or debasement of someone or something. Profanity can take the form of words, expressions, gestures, or other social behaviors that are socially constructed or interpreted as insulting, rude, vulgar, obscene, desecrating, or other forms.The...
.