Commentary First Group of Parts – Discipline Assisting an enemy, misconduct on operations etc Section 1: Assisting an enemy
43.This section makes it an offence for a person subject to service law to intentionally assist an enemy in a number of specified ways, such as communicating with an enemy or providing the enemy with supplies. Subsection (2) concerns service personnel who, having been captured, intentionally assist the enemy. Helping the enemy in their war effort is the main way in which an offence under subsection (2) is committed. A defence of lawful excuse applies in all circumstances; for example service personnel might be ordered to communicate with an enemy in order to deceive them. The maximum penalty is life imprisonment.
44.“Enemy” is widely defined in section 374\, and includes enemy troops but also, for example, armed mutineers or rioters.