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Part 1U.K.Offences

Desertion and absence without leaveU.K.

9Absence without leaveU.K.

(1)A person subject to service law commits an offence if subsection (2) or (3) applies to him.

(2)This subsection applies to a person if he is intentionally or negligently absent without leave.

(3)This subsection applies to a person if—

(a)he does an act, being reckless as to whether it will cause him to be absent without leave; and

(b)it causes him to be absent without leave.

(4)In subsection (3) “act” includes an omission and the reference to the doing of an act is to be read accordingly.

(5)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 two years.

Commencement Information

I1S. 9 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. 9 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4