Commentary First Group of Parts – Discipline Attempts, incitement, and aiding and abetting Section 40: Incitement
117.Under this section it is an offence for a person subject to service law to incite another person to commit a service offence, or for a civilian subject to service discipline to incite another person to commit one of the offences mentioned in section 39(4). The offence is broadly similar to the offence of incitement under the criminal law of England and Wales. Incitement to commit an offence under section 42 (criminal conduct) is not an offence under this section but is itself an offence under section 42 (as modified by section 46).
118.A person convicted of an offence under this section is liable to the same punishment as if he were convicted of the offence he incites the other person to commit.