Section 9 Absence without leaveI1I2
A person subject to service law commits an offence if subsection (2) or (3) applies to him.
This subsection applies to a person if he is intentionally or negligently absent without leave.
This subsection applies to a person if—
he does an act, being reckless as to whether it will cause him to be absent without leave; and
it causes him to be absent without leave.
In subsection (3) “act” includes an omission and the reference to the doing of an act is to be read accordingly.
A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.
Annotations
Commencement
- I1
S. 9 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
- I2
S. 9 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
Notes on the whole Act
Textual amendments
- F1
Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)