(1)Subsections (2) and (3) apply to a person subject to service law who has been captured by an enemy.
(2)A person to whom this subsection applies commits an offence if—
(a)he is aware of steps that he could take to rejoin Her Majesty's forces;
(b)he could reasonably be expected to take those steps; and
(c)without lawful excuse, he fails to take them.
(3)A person to whom this subsection applies commits an offence if, without lawful excuse, he intentionally prevents or discourages another person subject to service law who has been captured by an enemy from taking any reasonable steps to rejoin Her Majesty's forces.
(4)A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed ten years.
Commencement Information
I1S. 5 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
I2S. 5 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4