Part II Discipline and Trial and Punishment of Military Offences
Desertion, absence without leave, etc.
F137 Desertion.
(1)
Any person subject to military law who deserts shall, on conviction by court-martial, be liable toimprisonment or any less punishment provided by this Act.
(2)
For the purposes of this Act a person deserts who—
(a)
leaves or fails to attend at his unit, ship or place of duty with the intention of remaining permanentlyabsent from duty without lawful authority, or, having left or failed to attend at his unit, ship or placeof duty, thereafter forms the like intention, or
(b)
absents himself without leave with intent to avoid serving at any place overseas, or to avoid serviceor any particular service when before the enemy,
and references in this Act to desertion shall be construed accordingly.
F238 Absence without leave.
Any person subject to military law who—
(a)
absents himself without leave, or
(b)
improperly leaves his ship,
shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.
F339 Failure to report or apprehend deserters or absentees.
Any person subject to military law who, knowing that any other person so subject has committed anoffence, or is attempting to commit an offence, under section 37(1) or section 38 of this Act—
(a)
fails to report the fact without delay, or
(b)
fails to take any steps within his power to cause that other person to be apprehended,
shall be liable, on conviction by court-martial, to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.