The Fraudulent Service Act

Discussion in 'Military History and Militaria' started by scarletto, Jun 30, 2007.

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  1. Something from the medal Boffins page that PTP said, thought id try this out for a start. It borrows from the Americans but with little changes certainly fits the bill over here.
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    Fraudulent Service Act

    That whoever knowingly and fraudulently wears and/or represents him or her self as having received a Medal be it British or Foreign Military and/or Civilian except when authorized under regulations made pursuant to Military and/or Civilian law, shall be fined under this title or imprisoned not more than six months, or both.

    That Whoever falsely represents himself or herself, verbally or in writing, to have been awarded any decoration or medal authorized by Her Majesty’s Ministry of Defense for the Armed Forces of the United Kingdom, any of the service medals or badges awarded to the members of such forces, the ribbon, button, or rosette of any such badge, decoration, or medal, or any colourable imitation of such item shall be fined under this title, imprisoned not more than six months, or both.

    That this act. shall protect the Military and/or Public from person or persons attempting to defraud either for financial or moral gain. That this act shall protect the memory and deeds of those who are legally entitled to wear such awards. That this Act will cover all medals and awards and citations be they past, present or future.

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    changed to above title
     
  2. Fraudulent Service Act sounds a little less spam-esque.
     
  3. Aye, well like i said needs tinkering with, though that is a good title, and one that sounds like the Govt would actually know what their on about :)
     
  4. Well, im now in contact with a politician over the above act (named changed due to BuckFelizes idea) He himself is ex-forces. Whilst their is an act which loosley covers the false wearing of medals etc, it doesnt have the teeth as far as i can see to hurt the Walts.

    Id appreciate anyother ideas which can be incorporated into this Fradulent Services Act, we need (sensible) ideas though death and torture can be incorporated at a later date :D

    However im looking to cover any get-out clauses a walt may play, such as i didnt know or i was just having a laugh or im just a mitty as our Jock pie eater claimed :x
     
  5. looks like a too be good thus far, apart from perhaps where i have highlighted in bold.

    As i see it the law would be hard pressed to prove that it was a 'deliberate act' done 'knowingly or for moral gain'?

    However is there not some proper legal folks here on ARRSE who could perhaps either suggest rewording of pronounce on the ability to prosecute successfully as is worded !!!

    "That whoever knowingly and fraudulently wears and/or represents him or her self as having received a Medal be it British or Foreign Military and/or Civilian except when authorized under regulations made pursuant to Military and/or Civilian law"[/i]

    as does That this act. shall protect the Military and/or Public from person or persons attempting to defraud either for financial or moral gain
     
  6. Scar, can I ask you to PM Cpunk , who takes a very great interest in these matters too?
     
  7. PTP, Cheers have done.

    Halo, thanks too, like isaid i need things tinkering with, i think something has to be done now, and hopefully if this Act isnt 'acted' on, then at least more bite would be given to the other act
     
  8. Your welcome, i just wish i could think what would be better in the wording but in all honesty im not that bright....still once its worded let me know if you want my MP to get a letter etc and i will be more than happy to put pen to paper.
     
  9. How about:

    Military medals not to be worn without authority.

    2.(1) It shall not be lawful for any person not serving in Her Majesty's Military Forces to wear without Her Majesty's permission any medal or award of any of those forces, or any medal, award or ribbon having the appearance or bearing any of the features or other distinctive marks of any such medal or award:
    Provided that this enactment shall not prevent ... any persons from wearing any medal or award in the course of a stage play performed in a place duly licensed or authorised for the public performance of stage plays, or in the course of a television or film performance, or in the course of any bona fide military representation.

    (2) If any person contravenes this section he shall be be liable on summary
    conviction to a fine not exceeding £5000.


    You can soon adapt the rest for yourself based on The Uniforms Act 1894 as I have done for this section.
    http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Legislation&title=uniforms+act&Year=1894&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&TYPE=QS&NavFrom=0&activeTextDocId=1064485&PageNumber=1&SortAlpha=0
     
  10. It shall not be lawful for any person not serving in Her Majesty's Military Forces........how will this work for ex services? or am i just being thick...and the 'course of any bona fide military representation' cover this ?
     
  11. Well spotted! I just based it on the uniforms act. Missed that myself. Have another try yourself, you get the idea...
    ;)
     
  12. Mr_Fingerz

    Mr_Fingerz LE Book Reviewer

    I've lifted the headings from the Computer Misuse Act 1990, and tinkered slightly.

    http://www.opsi.gov.uk/acts/acts1990/Ukpga_19900018_en_1.htm The Act is actually very short, and these are to my mind the kind of headings that we should be looking at. I've left in s6&7 as these could be tinkered with to prevent Walts from picking up medals from various auction sites. You also need to bear in mind that the Scots and Norn Irish legal systems have their own little quirks and for that reason, I've left those bits in too.

    "Fraudulent Service Act 2008

    ARRANGEMENT OF SECTIONS

    Fraudulent Service offences
    1 Unauthorised wearing of military or civilian decorations or awards.
    2 Unauthorised wearing of military or civilian decorations or awards with intent to commit or facilitate commission of further offences.

    Jurisdiction

    4 Territorial scope of offences under this Act.
    5 Significant links with domestic jurisdiction.
    6 Territorial scope of inchoate offences related to offences under this Act.
    7 Territorial scope of inchoate offences related to offences under external law corresponding to offences under this Act.
    8 Relevance of external law.
    9 British citizenship immaterial.

    Miscellaneous and general
    10 Saving for certain law enforcement powers.
    11 Proceedings for offences under section 1.
    12 Conviction of an offence under section 1 in proceedings for an offence under section 2 or 3.
    13 Proceedings in Scotland.
    14 Search warrants for offences under section 1.
    15 Extradition where Schedule 1 to the Extradition Act 1989 applies.
    16 Application to Northern Ireland.
    17 Interpretation.
    18 Citation, commencement etc. "

    Feel free to play and see what we can come up with.
     
  13. ermmmm i am good at spotting fings but writing is not always my forte generaly im the edit queen at best.... :oops:
     
  14. Cheers all, very good ideas, im at work so cant put it all togethet for a revised act, however im waiting for a letter from the MP in question, before we can move on further with this, Seeing he is high up and ex-forces we should have some clout behind us.

    Their is an act from 1983 that covers what im on about, but with the rise certainly availability due to the increase of the internet, walts have more badges,medals certificates etc to play with, so its more the fact the moral and financial misuse of said items that needs covering, that and a baseball bat :D

    Again thanks and hopefully we can have something more concrete by weekend to hurt the walts with.
     
  15. Reference my bold, the only flaw in this otherwise excellent law is that a lot of Walts might claim they were indeed involved in reenactment. That would not be the case for the bus driving PARA Reg Walt but there are quite a few who have been 2outed" on here that might get away with it.

    Also what in the dickens is moral adavantage??