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Armed Forces Act 1971

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32 Attempts, aiding and abetting etc., and inciting. U.K.

(1)Section 68 of the Army Act 1955 (which penalises attempts to commit offences, but does not extend to the offence under section 69 of that Act of conduct etc. to the prejudice of good order and military discipline) and section 68 of the Air Force Act 1955 (which is to the like effect) shall each be amended by inserting, after the words “offence against any of the foregoing provisions of this Part of this Act”, the words “or against section 69 below”.

(2)The following provision shall be inserted in the Army Act 1955 after the said section 68:—

68A Aiding and abetting etc., and inciting.

(1)Any person subject to military law who aids, abets, counsels or procures the commission by another person of an offence against any of the foregoing provisions of this Part of this Act, or against section 69 below, or who incites another person to commit any such offence, shall himself be guilty of the offence in question, and shall be liable to be charged, tried and punished accordingly.

(2)A person may be guilty by virtue of subsection (1) above of an offence against section 62 of this Act whether or not he knows the nature of the document in question.

(3)The provision set out in subsection (2) above shall also be inserted in the M1Air Force Act 1955 after section 68, but modified for that purpose by the substitution of “air-force law” for “military law”

(4)The said provision shall also be substituted for section 41 of the M2Naval Discipline Act 1957 (which relates to aiding, abetting, counselling and procuring, but not to incitement), being numbered as section 41 of that Act, and being modified for that purpose—

(a)in subsection (1), by the substitution of “person subject to this Act” for “person subject to military law” and the omission of “this Part of” and “or against section 69 below”, and

(b)in subsection (2), by the substitution of “section 35” for “section 62”.

Modifications etc. (not altering text)

C1The text of ss. 2–25, 27–32, 34–50, 52, 53, 55–63, 65, 66, 68, 70–75, 77(1), Schs. 2, 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

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