{
  "url": "https://openlegislation.uk/armed-forces-forfeiture-of-service-no-2-regulations-2009/regulation-3",
  "json_url": "https://openlegislation.uk/armed-forces-forfeiture-of-service-no-2-regulations-2009/regulation-3.json",
  "legislation": "uksi/2009/1090",
  "legislation_title": "The Armed Forces (Forfeiture of Service) (No. 2) Regulations 2009",
  "legislation_url": "https://openlegislation.uk/armed-forces-forfeiture-of-service-no-2-regulations-2009",
  "path": "regulation/3",
  "kind": "regulation",
  "number": "3",
  "heading": "Determination that a trial may be dispensed with",
  "text": "(1) This regulation applies where—\n(a) during an interview conducted in accordance with the Service Police Code of Practice for the Treatment and Questioning of Persons by the Service Police, a member of the regular forces (“the deserter”) has made a confession to a service policeman that he is guilty of an offence under section 8 of the 2006 Act;\n(b) the confession is in writing, and is signed and dated by the deserter; and\n(c) the confession includes a statement of—\n(i) the period during which the deserter admits having been in desertion; and\n(ii) whether, at any time during that period, he intended to avoid a period of active service.\n(2) Subject to paragraph (3), the deserter’s commanding officer may make a determination that a trial may be dispensed with in the deserter’s case.\n(3) If—\n(a) the confession includes a statement that the deserter intended, at any time during the period when he was in desertion, to avoid a period of active service, or\n(b) the circumstances are such as would indicate to a reasonable person that the deserter may have so intended,\nthe commanding officer may not make a determination under paragraph (2) without the consent of the Director of Service Prosecutions.\n(4) A commanding officer who makes a determination under paragraph (2) shall as soon as is practicable inform the deserter, or cause him to be informed, of—\n(a) the determination;\n(b) any direction given by the commanding officer under regulation 4(3); and\n(c) the effect, if any, of regulation 4 (including that of any direction under regulation 4(3)) in relation to the deserter.\n(5) In this regulation “active service” has the same meaning as in section 8 of the 2006 Act.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Code C made under section 113(3) and (4) of the Police and Criminal Evidence Act 1984 (c. 60)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/1090/regulation/3",
    "retrieved_at": "2026-10-29T03:12:45.663130+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}