Desertion

(1) Any person subject to military law who deserts commits an offence and, on conviction, is liable to imprisonment or any less punishment provided by this Act. (2) For the purposes of this Act, a person deserts who– (a) leaves or fails to attend at his unit or place of duty with the intention of remaining permanently absent from duty without lawful authority, or, having left or failed to attend at his or her unit or place of duty, thereafter forms the like intention; or (b) absents himself without leave with intent to avoid serving at any place overseas, or to avoid service or any particular service when before the enemy, and references in this Act to desertion shall be construed accordingly.