8       

Desertion

(1)   

A person subject to service law commits an offence if he deserts.

(2)   

For the purposes of this Act a person deserts if he is absent without leave and—

(a)   

he intends to remain permanently absent without leave; or

(b)   

he intends to avoid any particular service or kind of service, and that

service or kind of service is relevant service.

(3)   

In this section “relevant service” means—

(a)   

actions or operations against an enemy;

(b)   

operations outside the British Islands for the protection of life or

property; or

(c)   

military occupation of a foreign country or territory.

(4)   

A person guilty of an offence under this section is liable to any punishment

mentioned in the Table in section 163, and any sentence of imprisonment

imposed in respect of the offence—

(a)   

if subsection (5) applies, may be for life;

(b)   

otherwise, must not exceed two years.

(5)   

This subsection applies if—

(a)   

the offender was on relevant service or under orders for such service

when he became absent without leave; or

(b)   

subsection (2)(b) applied to him in relation to the offence.