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Version Superseded: 05/11/1993
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Reserve Forces Act 1980, Cross Heading: Offences is up to date with all changes known to be in force on or before 12 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Any member of the Ulster Defence Regiment who—
(a)when required by or in pursuance of regulations making any such provision as is mentioned in section 44 above to attend at any place fails without reasonable excuse to attend in accordance with the requirement, or
(b)fails without reasonable excuse to comply with orders or regulations under this Part of this Act.
shall, whether otherwise subject to military law or not, be guilty of an offence and liable on conviction by court-martial to a fine not exceeding [F1£50].
(2)That offence shall, for all purposes of and incidental to the trial of the offender, including the summary disposal of the case otherwise than by court-martial, be deemed to be an offence under the Army Act 1955.
Textual Amendments
F1Figure substituted by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 12
Modifications etc. (not altering text)
C1Ss. 140-144 applied (with modifications) (1.7.1992) by Army Act 1992 (c. 39), ss. 3(2), 5
(1)Any person who, in Northern Ireland or elsewhere—
(a)procures or persuades any member of the Ulster Defence Regiment to desert within the meaning of section 37 of the Army Act 1955 or to absent himself without leave, or
(b)knowing that any member of that force is about to desert as mentioned in paragraph (a) above or to absent himself without leave, assists him in so doing, or
(c)knowing any person to be a deserter within the meaning of that section 37 or an absentee without leave from that force, procures or persuades or assists him to remain such a deserter or absentee, or assists in his rescue from custody.
shall be liable—
(i)on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 3 months or to both;
(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(iii)on conviction on indictment F3to a fine or to imprisonment for a term not exceeding 2 years or to both.
(2)In subsection (1) above “the statutory maximum”, in relation to a fine on summary conviction, means—
(a)in England and Wales, the prescribed sum within the meaning of [F4section 32 of the Magistrates’ Courts Act 1980] (at the passing of this Act £1,000);
(b)in Scotland, the prescribed sum within the meaning of section 289B of the M1Criminal Procedure (Scotland) Act 1975 (at the passing of this Act £1,000); and
(c)in Northern Ireland, [F5the prescribed sum within the meaning of Article 4 of the Fines and Penalties (Northern Ireland) Order 1984].
Textual Amendments
F2S. 144(1) para. (ii) repealed by S.I. 1984/703 (N.I. 3), art. 19(2), Sch. 7
F3Words repealed by S.I. 1984/703 (N.I. 3), art. 19(2), Sch. 7
F4Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 203
F5Words substituted by S.I. 1984/703, (N.I. 3), art. 19(1), Sch. 6 para. 13
Modifications etc. (not altering text)
C2Ss. 140-144 applied (with modifications) (1.7.1992) by Army Act 1992 (c. 39), ss. 3(2), 5
Marginal Citations
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