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Army Act 1955 (repealed)
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Changes over time for: Section 187
Version Superseded: 31/10/2009
Alternative versions:
- 01/02/1991- Amendment
- 02/10/2000- Amendment
- 02/10/2000
Point in time - 31/10/2009- Amendment
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187 Proceedings before a civil court where persons suspected of illegal absence. F4U.K.
(1)Where a person who is brought before a court of summary jurisdiction is alleged to be an officer,warrant officer, non-commissioned officer or soldier of the regular forces who has deserted or is absentwithout leave, the following provisions shall have effect.
(2)If he admits that he is illegally absent from the regular forces and the court is satisfied of the truthof the admission, then—
(a)unless he is in custody for some other cause the court shall, and
(b)notwithstanding that he is in custody for some other cause, the court may,
forthwith either cause him to be delivered into military custody in such manner as the court may thinkfit or [F1, where it is unable to do so, adjourn the proceedings and remand him for such time as appears reasonably necessary for the purpose of arranging for him to be delivered into military custody.].
(3)If he does not admit that he is illegally absent as aforesaid, or the court is not satisfied of thetruth of the admission, the court shall consider the evidence and any statement of the accused, and ifsatisfied that he is subject to military law and if of opinion that there is sufficient evidence to justifyhis being tried under this Act for an offence of desertion or absence without leave then, unless he is incustody for some other cause, the court shall cause him to be delivered into military custody or [F1, where it is unable to do so, adjourn the proceedings and remand him for such time as appears reasonably necessary for the purpose of arranging for him to be delivered into military custody.], but otherwise shall discharge him:
Provided that if he is in custody for some other cause the court shall have power, but shall not berequired, to act in accordance with this subsection.
(4)The following provisions of [F2the M1Magistrates’ Courts Act 1980], or any corresponding enactment in force as respects the court in question, that is to say theprovisions relating to the constitution and procedure of courts of summary jurisdiction acting as examiningjustices and conferring powers of adjournment and remand on such courts so acting, and the provisions asto evidence and the issue and enforcement of summonses or warrants to secure the attendance of witnesses,shall apply to any proceedings under this section.
[F3(4A)For the purposes of any proceedings under this section, a certificate which states that a person is amember of, and illegally absent from, the regular forces, and purports to be signed by an officer who, ifthat person were charged with an offence, would be either his commanding officer or authorised to act ashis appropriate superior authority, shall be evidence of the matters so stated.]
(5)This section shall have effect in the United Kingdom and in any colony.
Textual Amendments
F1Words in s. 187(2)(3) substituted (2.10.2000) by 2000 c. 4, s. 9(1)(a)(b); S.I. 2000/2366, art. 2 (with transitional provisions and savings)
F2Words substituted by Magistrates' Courts Act 1980 (c. 43), Sch. 7 para. 12
F3S. 187(4A) inserted by Armed Forces Act 1971 (c. 33), s. 56(2)
Modifications etc. (not altering text)
C1S. 187 extended by Guyana Independence Act 1966 (c. 14), s. 5(2)
Marginal Citations
Textual Amendments applied to the whole legislation
F4Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2
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