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11. Offences against military justice
 
  Article 71-Offences of resisting arrest/detainment  
71.1 Resisting arrest  
  Resisting arrest is when a person refuses to yield themselves and/or uses physical force to prevent arrest and/or lawful restraint by an authorised military law enforcement official acting in the line of their duty.
  
 
 Primary Fact(s)
 1. That a military law enforcement officer at a particular time and date identified themselves to be a valid law enforcement officer to the accused;
 2. That following their identification to the accused, the military law enforcement officer called upon the accused to immediately halt and yield themselves in order to be placed under arrest;
 3. That upon the clear instruction of the military law enforcement officer to halt and yield, the accused did refuse and/or physically resist such instruction;
 
 
 Penalty Conditions (Level 3-Offence)
Type
 Condition(s)
1-3
 a) resisting arrest to a level 3 or less offence, without any harm to law enforcement officials or any other person;
4-6
 a) resisting arrest to a level 3 or less offence, with minor harm to law enforcement officials and/or any other person;
 
 
 Penalty Conditions (Level 4-Offence)
Type
 Condition(s)
1-3
 a) resisting arrest to a level 3 or less offence, with major harm to law enforcement officials and/or any other person;
4-6
 a) resisting arrest to a level 4 offence with no harm to law enforcement officials and/or any other person;
 
 
 Penalty Conditions (Level 5-Offence)
Type
 Condition(s)
1-3
 a) resisting arrest to a level 4 offence with minor harm to law enforcement officials and/or any other person;
4-6
 a) resisting arrest to a level 4 offence with major harm to law enforcement officials and/or any other person;
 
 
 Penalty Conditions (Level 6-Offence)
Type
 Condition(s)
1-3
 a) resisting arrest to a level 5 or 6 offence with minor harm to law enforcement officials and/or any other person;
4-6
 a) resisting arrest to a level 5 or 6 offence with major harm to law enforcement officials and/or any other person;
 
     
     
 
 

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