Part V U.K. General Provisions

Modifications etc. (not altering text)

C1 Pt. V extended by Reserve Forces Act 1980 (c. 9), s. 142

Provisions relating to deserters and absentees without leaveF7 U.K.

Textual Amendments applied to the whole legislation

F7 Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2

186 Arrest of deserters and absentees without leave. U.K.

(1) A constable may arrest any person whom he has reasonable cause to suspect of being an officer, warrantofficer, non-commissioned officer or soldier of the regular forces who has deserted or is absent withoutleave.

(2) Where no constable is available, any officer, warrant officer, non-commissioned officer or soldier ofthe regular forces, or any other person, may arrest any person whom he has reasonable cause to suspect asaforesaid.

(3) Any person having authority to issue a warrant for the arrest of a person charged with crime, ifsatisfied by evidence on oath that there is, or is reasonably suspected of being, within his jurisdictionan officer, warrant officer, non-commissioned officer or soldier of the regular forces who has deserted oris absent without leave or is reasonably suspected of having deserted or of being absent without leave, mayissue a warrant authorising his arrest.

(4) Any person in custody in pursuance of this section shall as soon as practicable be brought before acourt of summary jurisdiction.

[F1 (4A) A person shall also be brought before a court of summary jurisdiction if, having been brought beforesuch a court by virtue of subsection (4) above and discharged by that court by virtue of section 187(3)below—

(a) he is subsequently arrested as an alleged or suspected deserter or absentee without leave under section74 of this Act, or under a warrant issued under section 190A thereof, and

(b) the question whether he is in fact in desertion or absent without leave raises any issue which wasinvestigated by the court discharging him, and

(c) he does not admit that he is in desertion or absent without leave to the person arresting him under thesaid section 74 or, as the case may be, to the person into whose custody he is delivered pursuant to thesaid section 190A.]

(5) This section shall have effect in the United Kingdom and in any colony.

Textual Amendments

F1 S. 186(4A) inserted by Armed Forces Act 1971 (c. 33), s. 56(1)

Modifications etc. (not altering text)

C2 S. 186 extended by Guyana Independence Act 1966 (c. 14), s. 5(2)

187 Proceedings before a civil court where persons suspected of illegal absence. U.K.

(1) Where a person who is brought before a court of summary jurisdiction is alleged to be an officer,warrant officer, non-commissioned officer or soldier of the regular forces who has deserted or is absentwithout leave, the following provisions shall have effect.

(2) If he admits that he is illegally absent from the regular forces and the court is satisfied of the truthof the admission, then—

(a) unless he is in custody for some other cause the court shall, and

(b) notwithstanding that he is in custody for some other cause, the court may,

forthwith either cause him to be delivered into military custody in such manner as the court may thinkfit or [F2 , where it is unable to do so, adjourn the proceedings and remand him for such time as appears reasonably necessary for the purpose of arranging for him to be delivered into military custody.].

(3) If he does not admit that he is illegally absent as aforesaid, or the court is not satisfied of thetruth of the admission, the court shall consider the evidence and any statement of the accused, and ifsatisfied that he is subject to military law and if of opinion that there is sufficient evidence to justifyhis being tried under this Act for an offence of desertion or absence without leave then, unless he is incustody for some other cause, the court shall cause him to be delivered into military custody or [F2 , where it is unable to do so, adjourn the proceedings and remand him for such time as appears reasonably necessary for the purpose of arranging for him to be delivered into military custody.], but otherwise shall discharge him:

Provided that if he is in custody for some other cause the court shall have power, but shall not berequired, to act in accordance with this subsection.

(4) The following provisions of [F3 the M1 Magistrates’ Courts Act 1980], or any corresponding enactment in force as respects the court in question, that is to say theprovisions relating to the constitution and procedure of courts of summary jurisdiction acting as examiningjustices and conferring powers of adjournment and remand on such courts so acting, and the provisions asto evidence and the issue and enforcement of summonses or warrants to secure the attendance of witnesses,shall apply to any proceedings under this section.

[F4 (4A) For the purposes of any proceedings under this section, a certificate which states that a person is amember of, and illegally absent from, the regular forces, and purports to be signed by an officer who, ifthat person were charged with an offence, would be either his commanding officer or authorised to act ashis appropriate superior authority, shall be evidence of the matters so stated.]

(5) This section shall have effect in the United Kingdom and in any colony.

Textual Amendments

F2 Words in s. 187(2)(3) substituted (2.10.2000) by 2000 c. 4, s. 9(1)(a)(b); S.I. 2000/2366, art. 2 (with transitional provisions and savings)

F3 Words substituted by Magistrates' Courts Act 1980 (c. 43), Sch. 7 para. 12

F4 S. 187(4A) inserted by Armed Forces Act 1971 (c. 33), s. 56(2)

Modifications etc. (not altering text)

C3 S. 187 extended by Guyana Independence Act 1966 (c. 14), s. 5(2)

Marginal Citations

M1 1980 c. 43.

188 Deserters and absentees without leave surrendering to police. E+W

(1) Where in the United Kingdom or any colony a person surrenders himself to a constable as being illegallyabsent from the regular forces, the constable shall (unless he surrenders himself at a police station) bringhim to a police station.

(2) The officer of police in charge of a police station at which a person has surrendered himself asaforesaid, or to which a person who has so surrendered himself is brought, shall forthwith inquire into thecase, and if it appears to that officer that the said person is illegally absent as aforesaid he may causehim to be delivered into military custody without bringing him before a court of summary jurisdiction ormay bring him before such a court.

Modifications etc. (not altering text)

C4 S. 188 extended by Guyana Independence Act 1966 (c. 14), s. 5(2)

189 Certificates of arrest or surrender of deserters and absentees. U.K.

(1) Where a court of summary jurisdiction in pursuance of section one hundred and eighty-seven of this Actdeals with a person as illegally absent, then when that person is delivered into military custody thereshall be handed over with him a certificate in the prescribed form, signed by a justice of the peace,containing the prescribed particulars as to his arrest or surrender and the proceedings before the court;and for any such certificate there shall be payable to the clerk of the court, by such person as [F5 the Defence Council] may direct, such fee (if any) as may be prescribed.

(2) Where under the last foregoing section a person is delivered into military custody without being broughtbefore a court, there shall be handed over with him a certificate in the prescribed form, signed by theofficer of police who causes him to be delivered into military custody, containing the prescribedparticulars relating to his surrender.

(3) In any proceedings for an offence under section thirty-seven or thirty-eight of this Act—

(a) a document purporting to be a certificate under either of the two last foregoing subsections and to besigned as thereby required, shall be evidence of the matters stated in the document;

[F6 (aa) where the proceedings are against a person who has surrendered himself to a consular officer, acertificate purporting to be signed by that officer and stating the fact, date, time and place of surrendershall be evidence of the matters stated in the certificate;]

(b) where the proceedings are against a person who has been taken into military, naval or air-force custodyon arrest or surrender, a certificate purporting to be signed by a provost officer, or any correspondingofficer of a Commonwealth force or a force raised under the law of a colony, or by any other officer incharge of the guardroom or other place where that person was confined on being taken into custody, statingthe fact, date, time and place of arrest or surrender shall be evidence of the matters stated in thecertificate.

(4) In this section the expression “prescribed” means prescribed by regulations made by a Secretary of State by statutoryinstrument.

Textual Amendments

F5 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F6 S. 189(3)(aa) inserted by Armed Forces Act 1971 (c. 33), s. 56(3)

Modifications etc. (not altering text)

C5 S. 189 extended by Guyana Independence Act 1966 (c. 14), s. 5(2)

C6 S. 189(1) amended by Army and Air Force Act 1961 (c. 52), s. 30

190 Duties of governors of prisons and others to receive deserters and absentees. U.K.

(1) It shall be the duty of the governor of a civil prison in the United Kingdom or of the superintendentor other person in charge of a civil prison in a colony to receive any person duly committed to that prisonby a court of summary jurisdiction as illegally absent from the regular forces and to detain him until inaccordance with the directions of the court he is delivered into military custody.

(2) The last foregoing subsection shall apply to the person having charge of any police station or otherplace (not being a prison) provided for the confinement of persons in custody, whether in the United Kingdomor in a colony, as it applies to the governor or superintendent of a prison.

Modifications etc. (not altering text)

C7 S. 190 extended by Guyana Independence Act 1966 (c. 14), s. 5(2)