Part IIE+W+S+N.I. Deserters and Absentees Without Leave
13 Apprehension and disposal of deserters and absentees without leave.E+W+S+N.I.
[F1(1)Subject to the provisions of this section, sections one hundred eighty-six to one hundred and eighty-eight and one hundred and ninety of the M1Army Act, 1955 (which relate to the apprehension, custody and delivery into military custody of deserters and absentees without leave from the regular forces) shall within the United Kingdom apply in relation to deserters and absentees without leave from the forces of any country to which this section applies as they apply in relation to deserters and absentees without leave from the regular forces.
(2)The powers conferred by the said sections one hundred and eighty-six and one hundred and eighty-eight, as applied by the last foregoing subsection, shall not be exercised in relation to a person except in compliance with a request (whether specific or general) of the appropriate authority of the country to which he belongs.
(3)In sections one hundred and eighty-seven, one hundred and eighty-eight and one hundred and ninety of the M2Army Act, 1955, as applied by subsection (1) of this section, references to the delivery of a person into military custody shall be construed as references to the handing over of that person to such authority of the country to which he belongs, at such place in the United Kingdom, as may be designated by the appropriate authority of that country.]
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(6)In this section references to the country to which a person belongs are references to the country from whose forces he is suspected of being, or (where he has surrendered himself) appears from his confession to be, a deserter or absentee without leave.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
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)
F1S. 13(1)-(3) substituted for s. 13(1)-(4) by Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955 (c. 20), Sch. 2 para. 17(1)
F2S. 13(5)(7) repealed by Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955 (c. 20), Sch. 4
Marginal Citations
14 Evidence for purposes of Part II.E+W+S+N.I.
For the purposes of any proceedings under or arising out of any provision of the [F3M3Army Act, 1955] as applied by the last foregoing section—
(a)a document purporting to be a certificate under the hand of the Secretary of the [F4Defence Council], stating that a request has been made for the exercise of the powers mentioned in subsection (2) of the last foregoing section, and indicating the effect of the request, shall be sufficient evidence, unless the contrary is proved, that the request has been made and of its effect; and
(b)a document purporting to be a certificate under the hand of the officer commanding a unit or detachment of any of the forces of a country to which this section applies, stating that a person named and described therein was at the date of the certificate a deserter, or absentee without leave, from those forces shall be sufficient evidence, unless the contrary is proved, of the facts appearing from the document to be so certified.
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)
F3Words substituted by Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955 (c. 20), s. 3, Sch. 2 para. 17(2)
F4Words substituted by S.I. 1964/488
Marginal Citations