Air Force Act 1955 (repealed)

189 Certificates of arrest or surrender of deserters and absentees. F7 F8 U.K.

(1) Where a court of summary jurisdiction in pursuance of section one hundred and eighty-seven of this Act deals with a person as illegally absent, then when that person is delivered into air-force custody there shall be handed over with him a certificate in the prescribed form, signed by a justice of the peace [F1 or (in Northern Ireland) resident magistrate], containing the prescribed particulars as to his arrest or surrender and the proceedings before the court; and for any such certificate there shall be payable to the [F2 proper officer] of the court, by such person as [F3 the Defence Council] may direct, such fee (if any) as may be prescribed.

(2) Where under the last foregoing section a person is delivered into air-force custody without being brought before a court, there shall be handed over with him a certificate in the prescribed form, signed by the officer of police who causes him to be delivered into air-force custody, containing the prescribed particulars relating to his surrender.

(3) In any proceedings for an offence under section thirty-seven or thirty-eight of this Act—

(a) a document purporting to be a certificate under either of the two last foregoing subsections, and to be signed as thereby required, shall be evidence of the matters stated in the document;

[F4 (aa) where the proceedings are against a person who has surrendered himself to a consular officer, a certificate purporting to be signed by that officer and stating the fact, date, time and place of surrender shall be evidence of the matters stated in the certificate;]

(b) where the proceedings are against a person who has been taken into air-force, naval or military custody on arrest or surrender, a certificate purporting to be signed by a provost officer, or any corresponding officer of a Commonwealth force or a force raised under the law of a colony, or by any other officer in charge of the guardroom or other place where that person was confined on being taken into custody, stating the fact, date, time and place of arrest or surrender shall be evidence of the matters stated in the certificate.

[F5 (3A) In subsection (1) of this section “proper officer” means—

(a) in relation to a court of summary jurisdiction in England and Wales, the [F6 designated officer] for the court; and

(b) in relation to a court of summary jurisdiction elsewhere, the clerk of the court.]

(4) In this section the expression “prescribed” means prescribed by regulations made by a Secretary of State by statutory instrument.

Textual Amendments

F1 Words in s. 189(1) inserted (1.4.2005) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 4 para. 11; S.R. 2005/109, art. 2, Sch.

F2 Words in s. 189 substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 19, 20(2) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F3 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F4 S. 189(3)(aa) inserted by Armed Forces Act 1971 (c. 33), s. 56(3)

F5 S. 189(3A) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 19, 20(3) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F6 Words in s. 189(3A)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 96(a); S.I. 2005/910, art. 3(y)

Modifications etc. (not altering text)

C1 S. 189 extended by Guyana Independence Act 1966 (c. 14), s. 5(2)

C2 S. 189(1) amended by Army and Air Force Act 1961 (c. 52), s. 30

Textual Amendments applied to the whole legislation

F7 Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2

F8 Act repealed (1.1.2008 for the repeal of s. 180 only, 1.10.2008 for the repeal of ss. 135-137 and 28.3.2009 for further specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2007/2913, art. 3 (with art. 4(1)(2)); S.I. 2008/1650, art. 2(e) (with art. 3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)