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Armed Forces Act 2006

Section 330: Desertion and absence without leave: forfeiture of service etc

655.Where any person is convicted of an offence of desertion, he will forfeit service for the time that he was absent. Forfeiture of service results in loss of pay for the relevant period. Such a person might be required to continue to serve beyond his original discharge or transfer date for the relevant period to complete his engagement. This section provides that the Defence Council may make regulations by statutory instrument with respect to confessions by members of the regular forces to the offence of desertion under section 8, including whether a trial may be dispensed with in such cases, and the forfeiture of service and the restoration of such service in such a case. It also gives power to the Defence Council to make regulations about the forfeiture of service of a member of the regular forces who has been convicted by the Court Martial of an offence of desertion and the circumstances where such service may be restored.

656.The section further provides that the Defence Council may make regulations about the issue of certificates for members of the regular forces who are absent without leave and the effect of the issue of such a certificate, for example, loss of pay.

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