Defence Act 1954

Absence without leave.

137

137. (1) Every person subject to military law who absents himself without leave is guilty of an offence against military law and shall, F89 [ where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or, ] on conviction by court-martial, be liable to suffer imprisonment F90 [ for any term not exceeding two years ] or any less punishment awardable by a court-martial.

(2) For the purposes of this Act, a person absents himself without leave—

( a) if, without authority, he leaves his unit or formation or the place where his duty requires him to be, or

( b) if, without authority, he is absent from his unit or formation or the place where his duty requires him to be, or

( c) if, having been authorised to be absent from his unit or formation or the place where his duty required him to be, he fails to return to that unit, formation or place at the expiration of the period for which his absence was authorised,

and the expression “ absent himself without leave” shall in this Act be construed accordingly.

Annotations:

Amendments:

F89

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 21, sch. 6, S.I. No. 254 of 2008.

F90

Inserted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.