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SECTION XIII.
ABSENTEES WITHOUT LEAVE, DESERTERS, ETC.
Army.
1. A soldier who informs the Police that he has lost his ticket or is otherwise without the means of rejoining his unit should be referred to an Army Recruiting office. If there is no such office in the neigh- bourhood and if the man's unit is not less than 10 miles distant, he should be given a railway warrant (see page 45). If the Police have reason to doubt his bona fides, inquiry should be made by telegram of his Commanding Officer before a railway warrant is given. If the unit is less than 10 miles distant, he should be told to proceed on foot.
2. An absentee without leave, or a deserter, who surrenders to the Police need not be brought before a Court of Summary Jurisdiction, provided that he appears from his own confession to the officer in charge of the police station to which he is taken to be in fact an absentee without leave or a deserter: see section 154 (9) of the Army Act.
In such a case, a telegram should be immediately dispatched to the Officer Commanding the man's unit stating the soldier's number, rank, name and unit, and the place from which he absented himself or deserted, and asking for an escort to be sent. Army form 0.1617 should at the same time be filled in by the Police, and later handed to the military escort sent to receive the defaulter. On receipt of the telegram the military authorities will arrange for the soldier to be taken into military custody at the earliest opportunity.
3. (a) An absentee without leave, or a deserter, who is arrested by the Police should be taken before a Court of Suramary Jurisdiction in accordance with section 154 (1) of the Army Act.
(b) In such a case, if it is possible for a military escort to reach the Court while it is sitting, a telegram should be sent at once to the Officer Commanding the man's unit, giving full particulars of the case, stating whether the prisoner disputes his identity or not and inquiring whether an escort will be sent to the Court to receive the defaulter. The Police should acquaint the Court with the facts and with the contents of the telegram received in reply. If the escort arrives before the Court rises, and the defaulter is duly identified, he can then be handed over to the escort without further delay, and his com mittal to prison or other civil custody avoided. Army form 0. 1618 should be given by the Court to the military escort or, if the escort has not arrived, to the Police, to hand over to the escort on arrival.
(c) If, on the other hand, it is not possible for a military escort to reach the Court before it rises, the telegram mentioned in (b), above, should not be sent, but the facts should be reported to the Court in order that the man may be remanded or committed to prison or
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police custody to await a military escort. A telegram should be sent afterwards to the Officer Commanding the man's unit, informing him of the Court's order, Army form 0. 1618 being given to the Police to hand over to the escort on arrival as in (b) above.
(d) If the Court recommends a reward, the Court should make the recommendation in the space provided in Part II of the form: the entire form being disposed of as in (b) above. In no case should Part II of Army form 0. 1618 be detached.
4. It is often possible to deal effectively with an absentee, without arresting him and bringing him before a Court of Summary Jurisdiction, especially if the man has merely overstayed his leave. When the absentee appears to be willing to rejoin his unit and it does not appear to the officer in charge of the police station that an escort is necessary, he may be conducted to the nearest railway station and, if he has not a railway pass or the money to buy a ticket, he may be given a railway warrant (see page 45). An absentee proving recalcitrant should be arrested and dealt with by the Court under Section 154 of the Army Act.
5. Whenever a man denies that he is an absentee without leave or a deserter, or asks to be taken before a Magistrate, he should always be so taken.
6. The stations of all units are shown in the monthly Army List. In the absence of a copy of the List information will be obtained from the local military headquarters. Should, however, difficulty be found in ascertaining the station, inquiry may be made of the War Office direct. In the event of the unit being overseas (ie., outside Great Britain, Northern Ireland, the Channel Islands and the Isle of Man), all communications should be sent to the Officer Commanding the regimental depot instead of to the Officer Commanding the unit. 7. Copies of Army forms 0. 1617 and O. 1618 can be obtained from the War Office. These forms should not be used in cases dealt with under paragraphs 1 and 4.
8. No expenses incurred by the Police in connection with the arrest of absentees without leave or deserters are chargeable to military funds. Telegrams sent by the Police to Officers Commanding units on this subject will be accepted at any Telegraph Office without prepayment, provided that each telegram is certified as being on War Office service.
Army Reserve and Territorial Army.
9. Army Reservists called out for annual training or on permanent service who, without reasonable excuse, fail to join the Colours on the appointed date, are liable to be dealt with under Section 154 of the Army Act or to be convicted by a Court of Summary Jurisdiction under Section 15 (2) of the Reserve Forces Act, 1882. If, however. they desert or absent themselves without leave after they have joined the Colours, they are not liable to summary conviction. The Police should not take proceedings in these cases except on express instructions from the military authorities.
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