Reserve Forces Act 1996

Proceedings before a civil court where persons suspected of illegal absence E+W+S+N.I.

3 (1) Paragraphs 4 and 5 apply in the case of a person (“the accused”) who is brought before a magistrates’ court and alleged to be a member of a reserve force who has deserted or is absent without leave. E+W+S+N.I.

(2) The provisions of the M1 Magistrates’ Courts Act 1980—

(a) relating to the constitution and procedure of magistrates’ courts acting as examining justices and conferring powers of adjournment and remand on such courts so acting; and

(b) as to evidence and the issue and enforcement of summonses or warrants to secure the attendance of witnesses,

shall apply to proceedings to which paragraph 4 or 5 applies.

(3) In the application of this Schedule to Scotland and Northern Ireland, the reference in sub-paragraph (2) to provisions of the Magistrates’ Courts Act 1980 shall be construed as a reference to any corresponding enactment in force as respects courts of summary jurisdiction.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M1 1980 c. 43.

4 (1) This paragraph applies where the accused admits that he is illegally absent from a reserve force and the court is satisfied of the truth of the admission. E+W+S+N.I.

(2) If the accused is not in custody for some cause other than illegal absence from his reserve force, the court shall—

(a) cause him to be delivered into military, air-force or naval custody (as the case may require) in such manner as the court may think fit; or

[F1 (b) where it is unable to do so, adjourn the proceedings and remand him for such time as appears reasonably necessary for the purpose of arranging for him to be delivered into such custody.]

(3) If the accused is in custody for some other cause, the court may act as mentioned in sub-paragraph (2).

(4) Any period specified as mentioned in sub-paragraph (2)(b)—

(a) shall not exceed such time as appears to the court reasonably necessary to enable the accused to be delivered into military, air-force or naval custody; and

(b) may be extended by the court from time to time if it appears to the court reasonably necessary to do so for that purpose.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Sch. 2 para. 4(2)(b) substituted (2.10.2000) by 2000 c. 4, s. 9(4)(a); S.I. 2000/2366, art. 2

5 (1) This paragraph applies where— E+W+S+N.I.

(a) the accused does not admit that he is illegally absent from a reserve force; or

(b) the court is not satisfied of the truth of any such admission.

(2) The court shall consider the evidence with a view to determining whether there is sufficient evidence to justify his being tried under this Act for an offence of desertion or absence without leave.

(3) Where the court considers that there is sufficient evidence to justify his being tried under this Act for an offence of desertion or absence without leave, the court shall (unless he is in custody for some other cause) cause him to be delivered into military, air-force or naval custody (as the case may require) or [F2 , where it is unable to do so, adjourn the proceedings and remand him for such time as appears reasonably necessary for the purpose of arranging for him to be delivered into such custody].

If the accused is in custody for some other cause, the court may act as mentioned in this paragraph.

(4) If the court does not consider that there is sufficient evidence to justify the trial of the accused for an offence of desertion or absence without leave, he shall be discharged.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2 Words in Sch. 2 para. 5(3) substituted (2.10.2000) by 2000 c. 4, s. 9(4)(b); S.I. 2000/2366, art. 2