Commentary First Group of Parts – Discipline Attempts, incitement, and aiding and abetting Section 41: Aiding, abetting, counselling or procuring
119.Under this section it is an offence for a person subject to service law to aid, abet, counsel or procure the commission of a service offence, or for a civilian subject to service discipline to aid, abet, counsel or procure the commission of one of the offences mentioned in section 39(4). Aiding, abetting, counselling or procuring the commission of 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 47).
120.As under the criminal law of England and Wales, a person convicted of an offence under this section may be charged, tried and punished as if he had personally committed the offence whose commission he aids, abets, counsels or procures.