Armed Forces Act 1971

11 Desertion

(1) The following provision shall be substituted for section 37 of the Army Act 1955:—

“37 Desertion.

(1) Any person subject to military 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.”

(2) The provision set out in subsection (1) above shall also be substituted for section 37 of the [1955 c. 19.] Air Force Act 1955, but modified for that purpose by the substitution of " air-force law " for " military law ".

(3) The following provision shall be substituted for section 15 of the [1957 c. 53.] Naval Discipline Act 1957:—

“15 Definition of ' desertion '.

A person is guilty of desertion within the meaning of this Act if he—

(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 section 16 of that Act (subsections (1) and (2) of which penalise desertion by imprisonment or any less punishment authorised by that Act and by forfeiture) shall be amended by omitting subsection (3) (incitement to desert).