Proceedings in civil court for illegal absence

(1) Where a person who is brought before a magistrates’ court is alleged to be a member of the Force who has deserted or is absent without leave, the following provisions shall have effect. (2) (a) If he admits that he is illegally absent from the Force and the court is satisfied of the truth of the admission, then, (i) unless he is in custody for some other cause, the court shall; and (ii) notwithstanding that he is in custody for some other cause, the court may, forthwith either cause him to be delivered into military custody in such manner as the court may think fit or commit him to some prison, police station or other place provided for the confinement of persons in custody, to be kept there for such reasonable time as the court may specify (not exceeding such time as appears to the court reasonably necessary for the purpose of enabling him to be delivered into military custody) or until sooner delivered into such custody. (b) Any time specified by the court may be extended by the court from time to time if it appears to the court reasonably necessary to do so for the purposes aforesaid. (3) If he does not admit that he is illegally absent, or the court is not satisfied of the truth of the admission, the court shall consider the evidence and any statement of the person and if 94 satisfied that he or she is subject to military law and if of the opinion that there is sufficient evidence to justify his or her being tried under this Act for an offence of desertion or absence without leave, then, unless he or she is in custody for some other cause, the court shall cause him to be delivered into military custody or commit him as aforesaid, but otherwise shall discharge him or her, provided that if he is in custody for some other cause, the court shall have power, but shall not be required, to act in accordance with this sub-section.