Part 17Miscellaneous

Offences relating to service matters punishable by civilian courts

I1I2C1344Aiding or abetting etc desertion or absence without leave

1

A person commits an offence if he aids, abets, counsels or procures the commission by another person of an offence under section 8 (desertion) or 9 (absence without leave).

2

A person commits an offence if—

a

he knows that another person (“B”) is subject to service law;

b

he does an act intending to cause B to be absent without leave; and

c

it causes B to be absent without leave.

3

A person (“A”) commits an offence if—

a

another person (“B”) has committed an offence under section 8 or 9;

b

A knows or believes B to be guilty of that offence; and

c

A does an act intending to impede B's apprehension or prosecution.

4

Subsections (1) to (3) apply to any aiding, abetting, counselling or procuring, or (as the case may be) any act, done—

a

in a relevant territory;

b

otherwise than in a relevant territory, by a United Kingdom national (see section 347) or a person resident in a relevant territory.

5

In subsection (4) “relevant territory” means—

a

the United Kingdom;

b

the Isle of Man; or

c

a British overseas territory.

6

In subsection (2) (and subsection (4) so far as relating to that subsection) “act” includes an omission, and the references to the doing of an act are to be read accordingly.

7

A person guilty of an offence under this section is liable—

a

on summary conviction, to imprisonment for a term not exceeding the relevant maximum or to a fine not exceeding the statutory maximum, or to both;

b

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

8

In subsection (7) “the relevant maximum” is—

a

in relation to England and Wales, 12 months;

b

otherwise, 6 months.