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(This note is not part of the Regulations)
These Regulations provide for the forfeiture of a period of service by a member of the regular forces who has made a written confession of desertion or has been convicted of desertion.
Where the deserter has made a confession, regulation 3 enables his commanding officer to make a determination that a trial may be dispensed with. In certain circumstances the commanding officer may not make such a determination without the consent of the Director of Service Prosecutions.
Regulation 4 provides for the forfeiture of a period of desertion where the deserter has been convicted of the offence or his commanding officer has made a determination under regulation 3. The effect of the forfeiture is that the period for which the deserter is liable to serve is extended by the period forfeited.
Regulation 5 enables the Defence Council to restore some or all of a period of service forfeited under regulation 4.
Regulation 7 revokes the Armed Forces (Forfeiture of Service) Regulations 2009, which are replaced by these Regulations.
The Schedule makes transitional provision.
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Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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