Section 9: Bail in proceeding for illegal absence.
31.This section amends each of the SDAs and Schedule 2 of the Reserve Forces Act 1996.
Subsection (1) amends section 187 of the Army Act 1955 dealing with proceedings before a civil court where a person is suspected of illegal absence. At the moment, if anyone who is illegally absent from the Army is brought before a magistrate on suspicion of being an absentee or a deserter, the legislation requires the magistrate to either deliver him into military custody or hold him in custody. There is no provision for bail. The effect of the amendment is to allow the magistrate to remand him either into custody or on bail, as he sees fit.
Subsection (2) amends section 187 of the Air Force Act 1955 in the manner described above.
Subsection (3) amends section 109 of the Naval Discipline Act 1957 to produce the same result as described above.
Subsection (4) amends Schedule 2 of the Reserve Forces Act 1996 to produce the same result as described above.
