Reserve Forces Act 1980

Calculation of length of service U.K.

4 If, in the case of any person, at the time when the term of any service by him under section 14 above would otherwise be completed, that person has become liable to be proceeded against for an offence against the M1 Naval Discipline Act 1957, military law or air-force law, that term shall not be completed until he has been tried or otherwise dealt with for that offence and has undergone any punishment awarded for that offence, or, if at that time punishment for such an offence as is mentioned above has already been awarded, until he has undergone that punishment.

Marginal Citations

M1 1957 c. 53.

5 In determining in the case of any person the end of any such term as is mentioned in paragraph 4 above no account shall be taken—

(a) in relation to any service under section 14 above, of any day before the day on which that person presented himself in pursuance of the notice to him under section 14(1);

(b) of any continuous period exceeding 14 days during which that person was absent as a deserter or absent without leave;

(c) of any continuous period exceeding 14 days during which that person—

(i) was serving, or would if he had not been unlawfully at large have been serving, a term of imprisonment, detention, or detention in [F1 a young offender institution], F2

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

in pursuance of a sentence of a court or an award by his commanding officer or in default of payment of any sum of money or for doing or failing to do or abstain from doing anything required to be done or left undone.

Textual Amendments

F1 By Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 123, Sch. 8 Pt. I paras. 1, 2 it is provided that in certain enactments including this Act for a reference to a detention centre or to a youth custody centre or to both there shall be substituted a reference to a young offender institution and for a reference (however expressed) to a detention centre order or to a sentence of youth custody or to both there shall be substituted a reference to a sentence of detention in a young offender institution

F2 Sch. 1 para. 5(c)(ii) and the word “or” immediately preceding it repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(2), Sch. 16

6 If, in the case of any such term as is mentioned in paragraph 4 above, leave of absence is granted to the person in question for a period comprising or immediately following the date on which that term would otherwise be completed, the Defence Council may postpone the completion of that term until a date not later than the expiry of his leave.