Cap. 220 ст. 163Proceedingsbefore civil court where persons suspected of illegal absence.

(1) Where a person who is brought before the Court of

Magistrates is alleged to be an officer or man of the regular force who has deserted or is absent without leave, the following provisions shall have effect.

(2) If he admits that he is illegally absent from the regular force and the court is satisfied of the truth of the admission, then -

(a) unless he is in custody for some other cause the court shall, and

(b) 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: Provided that any time specified by the court may be extended by the court from time to time if it appears to the court reasonably necessary so to do for the purpose aforesaid.

(3) If he does not admit that he is illegally absent as aforesaid, or if the court is not satisfied of the truth of the admission, the court shall consider the evidence and any statement of the accused, and if satisfied that he is subject to military law and if of opinion that there is sufficient evidence to justify his being tried under this Act for an offence of desertion or absence without leave then, unless he 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: 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-article.