UK Offence Report

The Armed Forces (Forfeiture of Service) (No. 2) Regulations 2009

UK Statutory Instrument 2009 No. 1090 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
28 April 2009
In force from
31 October 2009
Extent
Not stated
Subject
Courts, police, prisons and the administration of justice
Made under
Armed Forces Act 2006, SI 2009/833

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations provide for the forfeiture of a period of service by a member of the regular forces who has made a written confession of desertion or has been convicted of desertion. Where the deserter has made a confession, regulation 3 enables his commanding officer to make a determination that a trial may be dispensed with. In certain circumstances the commanding officer may not make such a determination without the consent of the Director of Service Prosecutions. Regulation 4 provides for the forfeiture of a period of desertion where the deserter has been convicted of the offence or his commanding officer has made a determination under regulation 3. The effect of the forfeiture is that the period for which the deserter is liable to serve is extended by the period forfeited. Regulation 5 enables the Defence Council to restore some or all of a period of service forfeited under regulation 4. Regulation 7 revokes the Armed Forces (Forfeiture of Service) Regulations 2009, which are replaced by these Regulations. The Schedule makes transitional provision.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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