40Encouraging and assisting

1

A person subject to service law commits an offence if he encourages or assists the commission of a service offence (other than an offence under section 42).

2

A civilian subject to service discipline commits an offence if he encourages or assists the commission of an offence mentioned in section 39(4).

3

Reference in this section to encouraging or assisting the commission of an offence is to the doing of an act that would have constituted an offence under Part 2 of the Serious Crime Act 2007 if the offence encouraged or assisted had been an offence under the law of England and Wales.

4

In determining whether an act would have constituted an offence under that Part, section 49(4) of that Act has effect as if for “offences under this Part and listed offences” it read “offences under sections 39 and 40 of the Armed Forces Act 2006”.

5

Any requirement in that Part to specify matters in an indictment applies for the purposes of this section as it applies for the purposes of that Part, but with references to the indictment being read as references to the charge sheet.

6

A person guilty of an offence under this section is liable to the same punishment as he would be liable to if guilty of—

a

the service offence encouraged or assisted; or

b

if convicted of the offence under this section by reference to more than one such service offence, any one of those service offences.