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Armed Forces Act 1971

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Version Superseded: 28/03/2009

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12 Absence without leave. U.K.

(1)The following provision shall be substituted for section 38 of the M1Army Act 1955:—

38 Absence without leave.

Any person subject to military 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.

(2)The provision set out in subsection (1) above shall also be substituted for section 38 of the Air Force Act 1955, but modified for that purpose by the substitution of “air-force law” for “military law”.

(3)Section 17 of the M2Naval Discipline Act 1957 shall be amended by omitting, in subsection (1), the words “without being guilty of desertion” immediately before paragraph (a) and the words “or place of duty” at the end of paragraph (b), and subsection (2) (so that the section corresponds with the provision set out in subsection (1) above except by continuing to provide for forfeiture as an additional punishment).

Modifications etc. (not altering text)

C1The text of ss. 2–25, 27–32, 34–50, 52, 53, 55–63, 65, 66, 68, 70–75, 77(1), Schs. 2, 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M11955 c . 18.

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