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Desertion

(1)A person subject to service law commits an offence if he deserts.

(2)For the purposes of this Act a person deserts if he is absent without leave and—

(a)he intends to remain permanently absent without leave; or

(b)he intends to avoid a period of active service.

(3)In this section “active service” means service in—

(a)an action or operation against an enemy;

(b)an operation outside the British Islands for the protection of life or property; or

(c)the military occupation of a foreign country or territory.

(4)A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, and any sentence of imprisonment imposed in respect of the offence—

(a)if the offender intended to avoid a period of active service, may be for life;

(b)otherwise, must not exceed two years.
9Absence without leave

(1)A person subject to service law commits an offence if subsection (2) or (3) applies to him.

(2)This subsection applies to a person if he is intentionally or negligently absent without leave.

(3)This subsection applies to a person if—

(a)he does an act, being reckless as to whether it will cause him to be absent without leave; and

(b)it causes him to be absent without leave.

(4)In subsection (3) “act” includes an omission and the reference to the doing of an act is to be read accordingly.

(5)A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.
10Failure to cause apprehension of deserters or absentees

(1)A person subject to service law commits an offence if—

(a)he knows that another person—

(i)has committed, is committing or is attempting to commit an offence under section 8 (desertion); or

(ii)is committing or attempting to commit an offence under section 9 (absence without leave); and

(b)he fails to take such steps as he could reasonably be expected to take to cause that person to be apprehended.

(2)A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.
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