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Armed Forces Act 2006

Section 344: Aiding or abetting etc desertion or absence without leave

701.Subsection (1) makes it an offence to aid, abet, counsel or procure the commission by another person of an offence under section 8 (desertion) or section 9 (absence without leave). (An offence under section 8 or 9 may only be committed by a person who is subject to service law.)

702.Subsection (2) makes it an offence intentionally to do something (or omit to do something) that causes a person, whom the offender knows to be subject to service law, to be absent without leave.

703.Subsection (3) makes it an offence intentionally to impede the apprehension or prosecution of a person subject to service law who has committed an offence contrary to section 8 or 9 where the offender knows or believes the person subject to service law to be guilty of the relevant offence.

704.Subsection (4) provides that an offence contrary to this section may be committed in a “relevant territory” by any person, but outside a “relevant territory” only by a UK national or by a person who is resident in a “relevant territory”. Subsection (5) defines “relevant territory” as the UK, the Isle of Man or a British overseas territory.

705.Subsection (7) specifies the maximum sentences that may be passed on a person guilty of an offence under this section on summary conviction and on conviction on indictment. The term “statutory maximum” used at subsection (7)(a) is defined at section 377(6) and (7).

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