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Armed Forces Act 2006

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Changes over time for: Section 39

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Changes to legislation:

Armed Forces Act 2006, Section 39 is up to date with all changes known to be in force on or before 29 January 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

39AttemptsU.K.

This section has no associated Explanatory Notes

(1)A person subject to service law commits an offence if he attempts to commit an offence to which this subsection applies.

(2)Subsection (1) applies to any service offence except—

(a)an offence committed by virtue of section 41 (aiding and abetting);

(b)an offence under this section or section 42.

(3)A civilian subject to service discipline commits an offence if he attempts to commit an offence to which this subsection applies.

(4)Subsection (3) applies to—

(a)an offence under section 4, 13, 27, 28(2), 29, 107 or 306 of this Act or under section 18 or 20 of the Armed Forces Act 1991 (c. 62); and

(b)an offence under section 40 of [F1encouraging or assisting the commission of] an offence mentioned in paragraph (a).

(5)For the purposes of this section a person attempts to commit an offence if, with intent to commit the offence, he does an act which is more than merely preparatory to the commission of the offence.

(6)For those purposes, a person may attempt to commit an offence even though the facts are such that the commission of the offence is impossible.

(7)Where—

(a)apart from this subsection a person's intention would not be regarded as having amounted to an intent to commit an offence, but

(b)if the facts of the case had been as he believed them to be his intention would be so regarded,

then for the purposes of this section he shall be regarded as having had an intent to commit that offence.

(8)Where in proceedings for an offence under this section there is evidence sufficient in law to support a finding that the defendant did an act falling within subsection (5), the question whether his act fell within that subsection is a question of fact.

(9)A person guilty of an offence under this section is liable to the same punishment as he would be liable to if guilty of the offence attempted.

Textual Amendments

F1Words in s. 39(4)(b) substituted (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 5 para. 8 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

Commencement Information

I1S. 39 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. 39 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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