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Part IIU.K. Discipline and Trial and Punishment of Air-Force Offences

Modifications etc. (not altering text)

Desertion, absence without leave, etc.F5U.K.

Textual Amendments applied to the whole legislation

F5Act: 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

[F137 Desertion.U.K.

(1)Any person subject to air-force law who deserts shall, on conviction by court-martial, be liable to imprisonment 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 permanently absent from duty without lawful authority, or, having left or failed to attend at his unit, ship or place of duty, thereafter forms the like intention, or

(b)absents himself without leave with intent to avoid serving at any place overseas, or to avoid service or any particular service when before the enemy,

and references in this Act to desertion shall be construed accordingly.]

Textual Amendments

[F238 Absence without leave.U.K.

Any person subject to air-force 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 years or any less punishment provided by this Act.]

Textual Amendments

[F339 Failure to report or apprehend deserters or absentees.U.K.

Any person subject to air-force law who, knowing that any other person so subject has committed an offence, 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 years or any less punishment provided by this Act.]

Textual Amendments

F440, 41.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.