Cap. 220 · Malta Armed Forces Act (Cap. 220)
Cap. 220 чл. 16Forfeiture of service for desertion and restoration of forfeited service.
TITLE II - THE REGULAR FORCE
(1) Where a man of the regular force is convicted of desertion by court-martial, the period of his service as respects which he is convicted of having been a deserter shall be forfeited.
(2) Where any of a man’s service is forfeited the provisions of this Part of this Act (excepting those relating to discharge by purchase) shall apply to him, and he shall be liable to serve, in like manner as if the appropriate date were the date of his attestation and he had, on the appropriate date, been duly enlisted to serve for the like term (both as respects duration and as respects liability to service and liability to serve in the reserve) as that for which he was in fact serving at the time of his conviction.
(3) In the last foregoing sub-article the expression "the appropriate date" -
(a) if in consequence of sub-article (1) and an award of the court-martial under Part III of this Act the whole of his previous service is forfeited, means the date of his conviction;
(b) if in consequence of the said sub-article (1) or that sub-article and an award of the court-martial part only of his previous service is forfeited, means a date earlier than the date of his conviction by the length of service not forfeited.
(4) Where a right is conferred on a man of the regular force to determine his full-time service at any such time as may be prescribed or to be transferred at any such time to the reserve, that right shall not be exercisable, in consequence of a forfeiture of service, at a time earlier than that at which it would have been exercisable apart from the forfeiture.
(5) Any service forfeited under this article may be restored in consideration of good service or on other grounds justifying the restoration of service forfeited as may be prescribed and in such manner and subject to such conditions and exceptions as may be prescribed.