Modifications etc. (not altering text)
C1Part II extended by Reserve Forces Act 1980 (c. 9), s. 142
C2Part II applied (1.6.1996 subject to art. 3 of the commencing S.I.) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 18(9)(a), 20(10)(a); S.I. 1996/1173, art. 2
(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.]
Textual Amendments
F1S. 37 substituted by Armed Forces Act 1971 (c. 33), ss. 11(1), 78(4)
Textual Amendments applied to the whole legislation
F2Act: 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