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The Armed Forces (Evidence of Illegal Absence and Transfer to Service Custody) Regulations 2009

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EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 316(3) of the Armed Forces Act 2006 (“the Act”) requires a civilian court to transfer to service custody, or to release with conditions, a person subject to service law who is believed to be illegally absent, provided that such a person either admits to being subject to service law and being illegally absent or the court has a certificate signed by such a person’s commanding officer detailing specified information about that person.

Part 2 of these Regulations specifies the information to be included in such a certificate issued by the commanding officer of the person subject to service law and who is believed to be illegally absent.

Section 319(1) of the Armed Forces Act 2006 the Act provides that the Secretary of State may require a certificate to be issued by a court of summary jurisdiction or a civilian policeman when a person subject to service law who is suspected of being illegally absent is transferred into service custody or is released under section 315(4)(c) or 316(3)(a)(ii) (condition to report to a specified place or person to be taken into service custody) of the Act.

Part 3 of these Regulations details the information that is to be contained in such certificates, who may sign such certificates, the form of such certificates and who may receive any fees for their production.

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