81 Confession of desertion by warrant officer, non-commissioned officer or airman.F4U.K.
(1)Where in accordance with Queen’s Regulations a warrant officer, non-commissioned officer or airman signs a written confession that he has been guilty of desertion, his commanding officer may, notwithstanding anything in the foregoing provisions of this Part of this Act, submit the confession for the consideration of [F1the Defence Council] or such officer not below the rank of group captain as may be provided by Queen’s Regulations.
(2)After considering any such confession [F1the Defence Council] or such officer as aforesaid may direct that the offence shall not be tried by court-martial or dealt with summarily by the appropriate superior authority or commanding officer, and if such a direction is given the period of his service as respects which he confesses to have been a deserter shall be forfeited.
F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Subsections (2) to (5) of section seventeen of this Act shall apply in relation to the forfeiture of service by virtue of this section subject to the following modifications:—
F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)for references to the date on which the offender was convicted there shall be substituted references to the date on which the direction was given.
Textual Amendments
F1Words substituted by S.I. 1964/488, Sch. 1 Pt. I
F2Ss. 40, 41, 53, 58, 67, 75(3), 81(3), 210(3), Sch. 3 paras. 5, 8, Sch. 6 para. 1(2) repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I
F3S. 81(4)(a) repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I
Modifications etc. (not altering text)
C1S. 81 extended by Army and Air Force Act 1961 (c. 52), s. 13(4)
Textual Amendments applied to the whole legislation
F4Act: 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