Human Rights assessment Commentary on sections Section 90: Crown application &c.
119.Section 90(1) and (4) excepts members of Her Majesty’s forces and members of visiting forces (including civilians attached to such visiting forces) from the offences created by this Part when they are acting in the course of their duties. This is because in such circumstances they would be subject, as the case may be, either to UK service law or, in the case of a visiting force from another country, to the service laws of that country. Otherwise, under section 90(2) this Part applies to any civilian person who is in the service of the Crown. Section 90(3) prevents marine officials from detaining any ship which is being used by Her Majesty’s forces or a ship forming part of the Royal Fleet Auxiliary Service.