Section 146 of the Criminal Justice and Public Order Act 1994 and the ''decriminalisation'' of homosexual acts in the armed forces

Section 146 of the Criminal Justice and Public Order Act 1994 decriminalises homosexual acts by members of the armed forces. However, the article argues that a number of provisions of the service discipline Acts continue to render service personnel engaging in homosexual acts liable to criminal proceedings. This may occur where, in the opinion of the prosecuting authorities, there are exceptional circumstances or evidence of coercion which, in a comparable case, would justify a prosecution for heterosexual acts by members of the armed forces.