Search Legislation

Advanced Search

Armed Forces Discipline Act 2000

Armed Forces Discipline Act 2000

2000 CHAPTER 4

Commentary on Sections

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.

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources