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In force1984 Revised Edition
Contents

Part 8

185. Proceedings before civil court where persons suspected of illegal absence

(1)

Where a person who is brought before a Court of a Magistrate is alleged to be a member of the Armed Forces or the Reserve Regiment who has deserted or is absent without leave, the following provisions shall have effect.

(2)

If he admits that he is illegally absent from the Armed Forces or the Reserve Regiment and the court is satisfied of the truth of the admission then —

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(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 think fit or commit him to some prison, police station or other place provided for the confinement of persons in custody, to be kept there for such reasonable time as the court may specify (not exceeding such time as appears to the court reasonably necessary for the purpose of enabling him to be delivered into military custody) or until sooner delivered into such custody.

Any time specified by the court may be extended by the court if it appears to the court reasonably necessary to do so for such purpose.

(3)

If he does not admit that he is illegally absent, or the court is not satisfied of the truth of the admission, the court shall consider the evidence and any statement of the accused, and —

(a)

if satisfied that he is subject to military law; and

(b)

if of opinion that there is sufficient evidence to justify his being tried under this Act for an offence of desertion or absence without leave, then, unless he is in custody for some other cause, the court shall cause him to be delivered into military custody or commit him as mentioned in subsection (2), but otherwise shall discharge him:

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

(4)

For the purposes of any proceedings under this section, a certificate which states that a person is a member, and illegally absent from the Armed Forces or the Reserve Regiment and purports to be signed by the officer who, if that person were charged with an offence, would be either his commanding officer or authorised to act as his appropriate superior authority, shall be evidence of the matters so stated.

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