PART 18DISCIPLINE: MISCELLANEOUS
Arrest by civilian police of deserters etc181
1
In sections 314 to 316 of AFA 2006 (arrest etc by civilian police of deserters and absentees without leave), references to a person subject to service law who has deserted include a person who is subject to service law and has committed an offence under section 37(1) of AA 1955 or AFA 1955 or section 16(1) of NDA 1957.
2
In section 314(4) of AFA 2006, the reference to a person arrested under section 314 includes—
a
a person who was arrested before commencement under section 186 of AA 1955 or AFA 1955 or section 105 of NDA 1957 in a relevant territory (as defined by section 314(5) of AFA 2006) and has not been brought before a court of summary jurisdiction; and
b
a person arrested after commencement, in a relevant territory, in pursuance of a warrant issued under section 186(3) of AA 1955 or AFA 1955 or section 105(3) of NDA 1957.
3
Section 315(1) of AFA 2006 applies in relation to a person who before commencement surrendered himself to a constable in a relevant territory as being a person illegally absent from the regular forces (within the meaning of AFA 2006) and has not been brought to a police station under section 188(1) of AA 1955 or AFA 1955 or section 108(1) of NDA 1957.
4
Section 315(3) and (4) of AFA 2006 apply in relation to a person who—
a
was brought to a police station in a relevant territory under section 188(1) of AA 1955 or AFA 1955 or section 108(1) of NDA 1957, or surrendered himself to a constable at such a police station as being a person illegally absent from the regular forces (within the meaning of AFA 2006); and
b
has not been delivered into service custody, brought before a court of summary jurisdiction or released from police custody.
5
In paragraphs (3) and (4)—
a
references to section 188(1) of AA 1955 include that subsection as applied by section 13 of the Visiting Forces Act 195247; and
b
references to a person illegally absent from the regular forces include a person illegally absent from the forces of a country to which that section applies.