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Armed Forces Act 2006

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Changes over time for: Section 345

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Changes to legislation:

Armed Forces Act 2006, Section 345 is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

345Aiding or abetting etc malingeringU.K.

This section has no associated Explanatory Notes

(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.

Commencement Information

I1S. 345 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)

I2S. 345 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

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