Reserve Forces Act 1996 (c. 14)

Part X U.K. General Offences

Desertion and absence without leave from service, duty or training U.K.

97 Failure to attend for duty or training. U.K.

(1) A member of a reserve force who has entered into a [F1 full-time service] [F1 section 24] commitment or an additional duties commitment and, without leave lawfully granted or reasonable excuse, fails to appear at the time and place at which he is required to attend—

(a) in the case of a [F2 full-time service] [F2 section 24] commitment, to begin the period of [F3 full-time] service contemplated by the commitment;

(b) in the case of an additional duties commitment, to begin a period of service under the commitment,

[F4 is guilty of desertion (if section 8(2)(a) or (b) of the Armed Forces Act 2006 applies to him) or absence without leave (if neither of those provisions applies to him).]

(2) A member of a reserve force who—

(a) is required to undergo a period of training in accordance with section 22, a special agreement or an employee agreement (or any other requirement applicable to special members), and

(b) fails, without leave lawfully granted or reasonable excuse, to appear at any time and place at which he is required to attend,

is guilty of absence without leave.

(3) An offence under this section is triable [F5 summarily by a civil court (as well as being triable by the Court Martial).]

Textual Amendments

F1 Words in s. 97(1) substituted (1.5.2022 for specified purposes) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 2 para. 4(2)(a) (with Sch. 2 para. 10); S.I. 2022/471, reg. 2(c)

F2 Words in s. 97(1)(a) substituted (1.5.2022 for specified purposes) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 2 para. 4(2)(b) (with Sch. 2 para. 10); S.I. 2022/471, reg. 2(c)

F3 Word in s. 97(1)(a) omitted (1.5.2022 for specified purposes) by virtue of Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 2 para. 4(2)(b) (with Sch. 2 para. 10); S.I. 2022/471, reg. 2(c)

F4 Words in s. 97(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 14 para. 41(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F5 Words in s. 97(3) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 14 para. 41(3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4