(1)A member of a reserve force who has entered into a full-time service commitment or an additional duties commitment and, without leave lawfully granted or reasonable excuse, fails to appear at the time and place at which he is required to attend—
(a)in the case of a full-time service commitment, to begin the period of full-time service contemplated by the commitment;
(b)in the case of an additional duties commitment, to begin a period of service under the commitment,
[F1is guilty, according to the circumstances, of desertion or absence without leave.] [F1is guilty of desertion (if section 8(2)(a) or (b) of the Armed Forces Act 2006 applies to him) or absence without leave (if neither of those provisions applies to him).]
(2)A member of a reserve force who—
(a)is required to undergo a period of training in accordance with section 22, a special agreement or an employee agreement (or any other requirement applicable to special members), and
(b)fails, without leave lawfully granted or reasonable excuse, to appear at any time and place at which he is required to attend,
is guilty of absence without leave.
(3)An offence under this section is triable [F2by court-martial or summarily by a civil court.] [F2summarily by a civil court (as well as being triable by the Court Martial).]
Textual Amendments
F1Words in s. 97(1) substituted (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 14 para. 41(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
F2Words in s. 97(3) substituted (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 14 para. 41(3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)