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Reserve Forces Act 1980
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- 1980 c. 9
- SCHEDULE 5
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Reserve Forces Act 1980,
SCHEDULE 5 is up to date with all changes known to be in force on or before 18 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act excluded (prosp.) by 1996 c. 14 s. 129(2)
- Act modified (prosp.) by 1996 c. 14 s. 128 Sch. 8 para. 4(5)
- Act repealed (except s.048, 55, 130-138,140,151,156,157, 158) (prosp.) by 1996 c. 14 s. 131(2) Sch. 11
F1SCHEDULE 5U.K.
Textual Amendments
F1Sch. 5 repealed (1.4.1997) by 1996 c. 14, s. 131(2), Sch. 11 (with s. 72(5)); S.I. 1997/305, art. 2
Arrest of deserters and absentees without leaveU.K.
1(1)A constable may arrest any person whom he has reasonable cause to suspect of being an officer or man of the reserve forces (that is, in this Schedule, an officer or man of the [F2Regular Reserve] , Air Force Reserve, [F3Army Reserve] and Royal Auxiliary Air Force) who has deserted or is absent without leave.
(2)Where no constable is available, any officer, warrant officer, non-commissioned officer or soldier of the regular forces, or airman of the regular air force, or any other person, may arrest any person whom he has reasonable cause to suspect of having deserted or being absent without leave as mentioned in sub-paragraph (1) above.
(3)Any person having authority to issue a warrant for the arrest of a person charged with crime, if satisfied by evidence on oath that there is, or is reasonably suspected of being, within his jurisdiction an officer or man of the reserve forces who has deserted or is absent without leave or is reasonably suspected of having deserted or being absent without leave, may issue a warrant authorising his arrest.
(4)Any person is custody in pursuance of this paragraph shall as soon as practicable be brought before a magistrates’ court.
(5)This paragraph shall have effect in the United Kingdom and in any colony.
Textual Amendments
F2Words in Act substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 44(3)(a)(4)50(1) (with s. 49(3)(5)); S.I. 2014/2370, art. 4(a)
F3Words in Act substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 44(3)(b)(4)50(1) (with s. 49(3)(5)); S.I. 2014/2370, art. 4(a)
Proceedings before a civil court where persons suspected of illegal absenceU.K.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Deserters and absentees without leave surrendering to policeU.K.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Certificates of arrest or surrender of deserters and absenteesU.K.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Duties of governors of prisons and others to receive deserters and absenteesU.K.
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