# The Armed Forces (Forfeiture of Service) (No. 2) Regulations 2009, Note: Explanatory note


(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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Source: https://www.legislation.gov.uk/uksi/2009/1090/note (the official version)
Page: https://openlegislation.uk/armed-forces-forfeiture-of-service-no-2-regulations-2009/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

