Reserve Forces Act 1980

106 Failure to attend on call-out

(1) Any man of the Territorial Army or of the Royal Auxiliary Air Force who without leave lawfully granted, or without such reasonable excuse (including sickness) as may be allowed in the prescribed manner, fails to appear at the time and place specified by a call-out notice served on him in pursuance of this Act, specifying—

(a) in any case, section 10(1) above or section 22 above,

(b) in the case of a man of the Territorial Army to whom section 11 above applies, section 11(1),

as the enactment by virtue of which he is called into service, shall be guilty, according to the circumstances, of desertion or absence without leave, and on conviction by court-martial shall be punishable as provided by subsection (2) below.

(2) On conviction under subsection (1) above a man shall be punishable—

(a) as for an offence under section 37 or, as the case may be, section 38, of the [1955 c. 18.] Army Act 1955, or

(b) as for an offence under section 37, or, as the case may be, section 38, of the [1955 c. 19.] Air Force Act 1955,

without prejudice to his liability apart from this section in respect of such an offence, and he may be taken into military or air-force custody, as the case may be.

(3) Where a man of the Territorial Army or of the Royal Auxiliary Air Force deserts contrary to this section the time which elapsed between the time of his desertion and the time of his apprehension or voluntary surrender shall not be taken into account in reckoning his service for the purpose of discharge.

(4) The provisions of Schedule 5 to this Act, in relation to the Territorial Army or the Royal Auxiliary Air Force, as the case may be, shall apply to a deserter or absentee without leave.