{
  "url": "https://openlegislation.uk/reserve-forces-act-1980/schedule-5/paragraph-4",
  "json_url": "https://openlegislation.uk/reserve-forces-act-1980/schedule-5/paragraph-4.json",
  "legislation": "ukpga/1980/9",
  "legislation_title": "Reserve Forces Act 1980",
  "legislation_url": "https://openlegislation.uk/reserve-forces-act-1980",
  "path": "schedule/5/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": null,
  "text": "(1) Where a magistrates’ court in pursuance of paragraph 2 above deals with a person as illegally absent, then when that person is delivered into military or air-force custody, as the case may be, there shall be handed over with him a certificate in the prescribed form, signed by a justice of the peace, containing the prescribed particulars as to his arrest or surrender and the proceedings before the court; and for any such certificate there shall be payable to the clerk of the court, by such person as the Defence Council may direct, such fee (if any) as may be prescribed.\n(2) Where under sub-paragraph (1) above, a person is delivered into military or air-force custody without being brought before a court, there shall be handed over with him a certificate in the prescribed form, signed by the officer of police who causes him to be delivered into custody, containing the prescribed particulars relating to his surrender.\n(3) In any proceedings for an offence under section 73(1) above or section 106(1) above—\n(a) a document purporting to be a certificate under either sub-paragraph (1) or (2) above and to be signed as thereby required, shall be evidence of the matters stated in the document;\n(b) where the proceedings are against a person who has been taken into military, naval or air-force custody on arrest or surrender, a certificate purporting to be signed by a provost officer, or any corresponding officer of a Commonwealth force or a force raised under the law of a colony, or by any other officer in charge of the guardroom or other place where that person was confined on being taken into custody, stating the fact, date, time and place of arrest or surrender shall be evidence of the matters stated in the certificate.\n(4) In this paragraph the expression “prescribed” means prescribed by regulations made by the Secretary of State by statutory instrument under section 189 of the Army Act 1955 or section 189 of the Air Force Act 1955, as the case may be.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "M",
      "label": "M1",
      "text": "1955 c. 18."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "1955 c. 19."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1980/9/schedule/5/paragraph/4",
    "retrieved_at": "2026-10-29T10:16:50.169605+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."
}