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Armed Forces Act 2006

Armed Forces Act 2006 s 345

s 345 Aiding 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.

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