Part 17Miscellaneous
Offences relating to service matters punishable by civilian courts
345Aiding or abetting etc malingering
(1)
A person commits an offence if he aids, abets, counsels or procures the commission by another person of an offence under section 16 (malingering).
(2)
A person commits an offence if—
(a)
he knows that a person (“B”) is subject to service law; and
(b)
intending to cause B to avoid service, by any act—
(i)
he causes B an injury; or
(ii)
he aggravates or prolongs any injury of B's.
(3)
A person commits an offence if—
(a)
he knows that a person (“B”) is subject to service law; and
(b)
intending to cause B to avoid service, by any act—
(i)
he causes B to believe that B has an injury; or
(ii)
he causes another person to believe that B has an injury.
(4)
Subsections (1) to (3) apply to any aiding, abetting, counselling or procuring, or (as the case may be) any act, done—
(a)
in a relevant territory;
(b)
otherwise than in a relevant territory, by a United Kingdom national (see section 347) or a person resident in a relevant territory.
(5)
In subsection (4) “relevant territory” means—
(a)
the United Kingdom;
(b)
the Isle of Man; or
(c)
a British overseas territory.
(6)
In this section “injury” and “service” have the same meanings as in section 16.
(7)
A person guilty of an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding the relevant maximum or to a fine not exceeding the statutory maximum, or to both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
(8)
In subsection (7) “the relevant maximum” is—
(a)
in relation to England and Wales, 12 months;
(b)
otherwise, 6 months.