Clause 5

by inserting, immediately after subsection (1) of section 109, the following subsections:“(1A) Without prejudice to the generality of subsection (1) but subject to section 111, where an offence under this Act triable by a subordinate military court or by a disciplinary officer has been committed or is reasonably suspected of having been committed by any person while subject to military law, the subordinate military court or disciplinary officer before which the offence is triable may order that person to report for trial for the offence as if that person continued to be subject to military law notwithstanding his ceasing at any time to be subject to military law.(1B) Any person who fails to comply with any order under subsection (1A) —

shall be deemed to have failed to comply with a lawful order within the meaning of section 17(2); and

shall be liable to be arrested, proceeded against and punished for an offence under section 17(2) as if he continued to be subject to military law.”;

by deleting the words “or is absent without leave” in section 167(1) and substituting the words “, is absent without leave or has failed to comply with an order under section 109(1A)”;

by deleting the words “or is absent without leave” in section 168(1) and substituting the words “, is absent without leave or has failed to comply with an order under section 109(1A)”;

by inserting, immediately after the word “Forces” in the 2nd line of section 168(2), the words “or has failed to comply with an order under section 109(1A)”; (e)by inserting, immediately after the word “absent” in the 1st line of section 168(3), the words “, or has failed to comply with an order under section 109(1A),”; and

by deleting the words “or absence without leave” in section 168(3)(b) and substituting the words “, absence without leave or failure to comply with a lawful order under section 109(1A)”.