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Armed Forces Act 2006

Section 341: Aiding or abetting etc malingering

706.Subsection (1) makes it an offence to aid, abet, counsel or procure the commission by another person of an offence under section 16 (malingering). (An offence under section 16 may only be committed by a person who is subject to service law.)

707.Subsection (2) makes it an offence to do something that causes a person, whom the offender knows to be subject to service law, an injury, or to do something that aggravates or prolongs an injury of his with the intention that the person subject to service law will avoid service.

708.Subsection (3) makes it an offence to do something that causes a person, whom the offender knows to be subject to service law, to believe that he has an injury, or to do something that causes another person to believe that the person subject to service law has an injury, with the intention that the person subject to service law will avoid service.

709.Subsection (4) provides that an offence contrary to this section may be committed in a “relevant territory” by any person, but outside a “relevant territory” only by a UK national or by a person who is resident in a “relevant territory”. Subsection (5) defines “relevant territory” as the UK, the Isle of Man or a British overseas territory.

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