Armed Forces Act 2006

Question 1

Section 313 Armed Forces Act 2006?

Answer 1

“Issuing of warrant for service offence”
Judge advocate is satisfied by evidence given under oath or on reasonable grounds he may issue a warrant for the arrested person who is reasonably suspected of having committed a service offence.

Question 2

Section 314 Armed Forces Act 2006?

Answer 2

Permits the civilian police in the UK or a British Overseas Territory Police Force to arrest a suspected absentee without a warrant. It also provides the authority for warrants to be issued by authorised persons in the civilian system.

Question 3

Section 315 Armed Forces Act 2006?

Answer 3

Provides that a person who surrenders themselves as a deserter without leave to a police officer of the UK or British Overseas Territory force must be taken to a police station.

Question 4

Section 316 Armed Forces Act 2006?

Answer 4

Details the duties of a summary when a person admits to being illegally absent or where the court is in possession of evidence that he is illegally absent.

Question 5

Section 317 Armed Forces Act 2006?

Answer 5

Arrest if persons who fail to comply with conditions when released under Section 315 (4)(C) or 316 (3)(A).

Question 6

Section 318 Armed Forces Act 2006?

Answer 6

Provides that a person who has been sentenced to service detention and is unlawfully at large may be arrested by civilian police without a warrant and taken to the place in which they are required in accordance with the law to be detained.

Question 7

Under Section 315 Armed Forces Act 2006, what options do you have when dealing with service personnel?

Answer 7

• Arrange for them to be transferred to service custody
• Arrange for them to be brought before a court of summary jurisdiction in the relevant territory to which the police station is situated.
• Release them subject to a condition that they report, at or by such a time, to such a place or person enabling them to be taken into service custody.

Question 8

If a person who is AWOL/a deserter surrenders themselves to police, what do you do?

Answer 8

They must be taken to a police station.

Question 9

Section 8 Armed Forces Act 2006 deals with the offence of desertion, give the definition of Section 8?

Answer 9

• For the purposes of this Act, a person deserts if he is absent without leave and…
  (A) he intends to remain permanently AWOL; or
  (B) he intends to avoid a period of active service.

Question 10

Section 9 Armed Forces Act 2006 deals with the offence of AWOL, give the definition of Section 9?

Answer 10

• (2) This subsection applies to a person if he is intentionally or negligently absent without leave.
• (3) This subsection applies to a person if…:
  (A) he does an act being reckless as to whether it will cause him to be AWOL; and…
  (B) it causes him to be AWOL.

Question 11

Section 10 Armed Forces Act 2006 deals with the offence of failing to cause apprehension of offenders, give the definition of Section 10?

Answer 11

• A person subject to service law commits an offence if:
  (A) he knows another person…
  i) has committed, is committing or is attempting to commit an offence under Section 8 (Desertion)
  OR
  ii) is committing or attempting to commit an offence under Section 9 (AWOL)
  (B) He fails to take such steps as he could be reasonably expected to take to cause that person to be apprehended.