Commentary First Group of Parts – Discipline Attempts, incitement, and aiding and abetting Section 39: Attempts
115.Under this section it is an offence for a person subject to service law to attempt to commit a service offence, or for a civilian subject to service discipline to attempt to commit one of the offences mentioned in subsection (4). The offence is broadly similar to the offence of attempt under the criminal law of England and Wales. Attempting 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 43).
116.A person convicted of an offence under this section is liable to the same punishment as if he were convicted of the offence he attempts to commit.