Explanatory Notes

Armed Forces Act 2006

2006 CHAPTER 52

8 November 2006

Commentary

First Group of Parts – Discipline

Part 1 – Offences
Attempts, incitement, and aiding and abetting
Section 39: Attempts

115.Under this section it is an offence for a person subject to service law to attempt to commit a service offence, or for a civilian subject to service discipline to attempt to commit one of the offences mentioned in subsection (4). The offence is broadly similar to the offence of attempt under the criminal law of England and Wales. Attempting to commit an offence under section 42 (criminal conduct) is not an offence under this section but is itself an offence under section 42 (as modified by section 43).

116.A person convicted of an offence under this section is liable to the same punishment as if he were convicted of the offence he attempts to commit.