Part 1

Offences

Attempts, encouragement and assistance , and aiding and abetting

Aiding, abetting, counselling or procuring
41
1
Where a person subject to service law aids, abets, counsels or procures the commission by another person of an offence to which this subsection applies, he commits that offence.
2
Subsection (1) applies to any service offence except an offence under section 42.
3
A person who by virtue of subsection (1) commits an offence is liable to be charged, tried (including dealt with at a summary hearing) and punished as a principal offender.
4
Where a civilian subject to service discipline aids, abets, counsels or procures the commission by another person of an offence mentioned in section 39(4), he commits that offence and is liable to be charged, tried and punished as a principal offender.
Words in s. 39 cross-heading substituted (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 5 para. 10 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)
S. 41 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
S. 41 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4