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CHAPTER 40
MISSING PERSONS
CONTENTS
Para
4001. Definition of a Missing Person
4002. Apprehension of Absentees and Deserters
4003. Deserters and Absentees on Sailing
4004. When Absentees to be marked ‘Run’
4005. Voluntary Surrender
4006. Arrest by Naval Warrant
4007. Arrest without Naval Warrant
4008. Certificate of Arrest
4009. Recovery Abroad
4010. Identification of Absentees and Deserters
4011. Punishment and Drafting of Deserters and Persistant Leave-Breakers
4012. False Confession
4013. Dispensing with Trial
4014. Expenses of Army and Royal Air Force Escorts for Naval etc Deserters
4015. Monetary Charges against Absentees and Deserters
4016. Forfeitures Consequent upon Desertion
4017. Restoration of Medals Forfeited
4018. Removal of ‘R’ (RUN) by Admiralty Board
J.4019. Joint Service Units - Disposal of Absentees
ANNEXES
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CHAPTER 40
MISSING PERSONS
2. By Section 17 of the Naval Discipline Act 1957 the offence of Absence without Leave
is defined as:
shall be liable to imprisonment for a term not exceeding two years or any less
punishment authorised by this Act, and to such other punishment by way of forfeiture
of pay or other benefits as may be prescribed by the regulations made by the defence
council.’
Definition of Desertion
3. By Section 15 of the Naval Discipline Act 1957 the offence of desertion is defined as:
a. Leaves or fails to attend at his unit, ship or place of duty, with the intention of
remaining permanently absent from duty without lawful authority, or, having left or
failed to attend his unit, ship, 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’.
2. Charges in relation to desertion and absence are fully explained in BR 11, Manual
of Naval Law.
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1. Initial Enquiries. Every possible effort is to be made to establish the welfare and
whereabouts of a person who has not returned to duty on the expiry of authorised leave.
a. If initial enquiries tend to suggest a person is missing, then the parent unit should
follow the Warrant For Arrest procedure immediately, emphasising that they
believe the person to be missing rather than absent.
b. Service kit and personal effects are to be removed and packed in accoradance
with current Service Police procedures. If the person is registered as missing this
kit will be removed and exhibited in conjunction with the Civil Police. Where it is
known that the person is absent, this process should be carried out at the 30-day
mark.
3. Warrants for Arrest. In the United Kingdom, upon completion of NOK/local checks by
reporting unit, Warrants For Arrest (Form S243 Revised 09/01) with the description
attached are to be sent; NBC Portsmouth, HMS NELSON, Portsmouth. He will be
responsible for forwarding copies of warrants for arrest to the police at the place where the
individual is likely to be. Information regarding absentees and deserters is to be
communicated to the National Identification Bureau, New Scotland Yard, London, by the
Commodore, HMS NELSON, for input to the Police National Computer. Action in
accordance with this clause should be taken not later than the day on which the person is
marked ‘R’, but may be taken earlier at the Commanding Officer’s discretion (see
Para 4004.). A facsimile copy of the completed S243 may be sent initially to the RN
MisPers Unit on Fax No 02392 812124, with the original followed by post. Outside UK
Territorial Waters in order to avoid undue delay, a signal format S243 may be sent to The
Commodore, HMS NELSON. This does not relieve the reporting unit from their obligation
to complete and forward the original S243 with accompanying RNMP Form 1 to 3
inclusive. A suggested signal format is shown at J. Annex 40B.
4. Warrants for Arrest, or descriptions of deserters thought to be in the Irish Republic, are
not to be sent to the Police authorities in that country, but sub-paragraph 3 above is to be
complied with in all other respects.
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7. No officer of Her Majesty’s Forces or their representative is to search any Foreign ship
for any naval deserter or absentee, whether such ship is in Foreign waters, or elsewhere,
even if a Warrant For Arrest under Section 103 of the Act has been issued.
8. Under Section 103(1) of the Act the authority for the issue of a warrant for arrest is
vested in the Commander-in-Chief, the Senior Naval Officer present in any port, the
Commanding Officer of a ship or Naval establishment, or the Officer in Command of a
tender on detached service. The Naval Discipline Act contains no authority to delegate the
power to issue warrants, and it is necessary that the Officer next in Command should have
assumed the powers and duties of the Commanding Officer in accordance with Para 0336
before he may issue a warrant in place of the Commanding Officer.
9. Notification of NOK. The Commanding Officer is to notify the NOK of any officer or
rating absent without leave for more than 7 days. This notification should only describe the
officer or rating as an absentee/missing when the facts are beyond all doubt. Otherwise
the notification should not describe him as missing or as an absentee, but should state the
circumstances of his absence, e.g. failure to report onboard from leave when expected,
and that enquiries are being made. The NOK is to be kept informed of continuing
developments. Copies of all letters are to be sent to NPM(E).
10. Casualties. Since cases of apparant absence without leave may arise as a result of
an accident, Commanding Officers should also consider whether there are grounds for
supposing that an accident has occured and, where sufficient evidence exists, should
follow the procedures in Chapter 51 and Chapter 53.
11. Reports of Recovery. The Commanding Officer of the ship in which a recovered
deserter or absentee is received is responsible for informing The Commodore, HMS
NELSON, by signal (suggested format at J. Annex 40C), who is to cancel all copies of all
warrants issued in compliance with Clause 3. On foreign stations the Commanding Officer
of the ship in which a recovered deserter or absentee is received is responsible for
cancelling all copies of all warrants and descriptions issued in compliance with Clause 5.
12. The Commodore, HMS NELSON, Portsmouth is responsible for the recovery and
disposal of all Naval and Royal Marines deserters and absentees at home, in accordance
with 4003 sub para 3 and BR 8587, Naval Leave and Travel Regulations, having
previously consulted the Commanding Officer of the individual’s ship in appropriate cases.
1. Reports. If any individual is absent without leave when a ship sails, Form S219
(Ratings absent and unlikely to rejoin ship before sailing) is to be rendered in accordance
with the instructions thereon and as required by local orders. A copy of every Form S219
for absentees at home is to be forwarded to The Commodore, HMS NELSON, Portsmouth.
The names of absentees whose absence has been reported on a Form S219 and who
returns to duty are to be reported by signal to The Commodore, HMS NELSON.
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2. Service Document Disposal. If the ship is likely to be absent for any considerable
period the absentee’s Service documents should accompany Form S219; otherwise
sufficient details are to be inserted on Form S219 to enable the case to be investigated
and dealt with if the ship does not in fact return for some time.
4. 60-Day Absence. If the individual has been absent for 60 days or more or his ship has
deployed, action in clause 3b. will normally be appropriate. These individuals should be
dealt with by the appropriate Flotilla Commander wherever possible.
5. Summary Punishment. The officer who deals with the case summarily is responsible
for seeing that the necessary action is taken in accordance with JSP 594, Naval Pay
Regulations.
6. Pay and Service Documents. Pay and Service documents of all absentees and
deserters at home discharged from ship’s books in accordance with 4004 sub para 3 are
to be transferred to the Commodore, HMS NELSON, Portsmouth, or the RM Historical
Records, Centurion, in the case of Royal Marines borne on Ship’s books. By the transfer
of documents under this article the Commanding Officer will be deemed to have agreed to
the drafting of the absentee or deserter to HMS NELSON for disciplinary purposes in
accordance with BR 11, Manual of Naval Law.
1. Reports. If any person absents themselves from their duty without leave and fails to
give a good and sufficient reason for their absence, they are to be checked out to absence
on a Movements Occurance Report (Out) Form C121.
2. Marked Run. If an absentee has not returned at the expiration of seven days Form
C25 (Cessation or Resumption of pay form) is to be raised by the Captain’s Office on the
eigth day annotated ‘Marked Run’. On receipt of Form C25 the Unit Personnel Office will
record the occurence on the Unit Record (UR) and then despatch the Form C25 to EDS/
AFPAA, Centurion Building, as an input document.
3. Discharge (Papers only). When a person has been absent without leave for more
than three months the Commanding Officer may authorise their discharge (papers only)
from the ship. The absentee’s UR and Service documents are then to be transferred,
under cover of a letter explaining the circumstances, as follows:
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4. Payment. While marked ‘Run’ a person shall not be entitled to receive the pay which
has accrued to the date of his discharge, unless the court, or officer by whom he is tried,
or the Ministry of Defence, shall otherwise direct (see 4018 sub para 1 and Para J.4019.)
a. The necessary entries to close the Service Certificate of an absentee are not to
be made until the discharge (papers only) in accordance with Clause 3, when the
Service Certificate is to be annotated ‘R’ (RUN) with effect from the date on which
absence began, unless the absentee is recovered earlier and convicted of
desertion.
1. The Commander-in-Chief, the Senior Naval Officer present, the Commanding Officer
of any of Her Majesty’s ships or naval establishments may issue a warrant for the arrest of
any person suspected of having committed an offence against the Act (see Para 4002. and
Section 103(1) and (2) of the Act).
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1. Under Section 105 of the Act a person arrested on suspicion of being a deserter or
absentee will be taken before a magistrate’s court. If the court is satisfied that there is
sufficient evidence to justify his being tried under the Act it will cause him to be delivered
to Naval Authorities, or commit him until he can be so delivered. He may then be dealt with
under the Act.
2. Retention of Written Notes. The written note of the investigation and the offender’s
statement are to be retained as enclosures to the punishment warrant.
4. Identification. Railway warrants should not be issued or any other expenses incurred
(e.g. for escorts) in respect of an alleged deserter until action has been taken to confirm
as far as possible the naval identity of the individual and that he is in fact definitely
recorded as an absentee or deserter.
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2. The procedure for drafting deserters and persistant leave-breakers under suspended
sentences is given in BR 14 Drafting Instructions.
1. It is an offence under Section 96 of the Act for any person to represent himself falsely
to be a deserter or absentee from Her Majesty’s naval forces. The Navy cannot try this
offence. Any person in naval custody as a result of surrendering himself who proves to
have made such a false representation is to be handed over to the civil power.
1. Section 74 of the Naval Discipline Act 1957 (NDA 57) provides that, if an individual
signs a confession of desertion, the Defence Council, or an authorised Flag Officer, may,
by order, dispense with the trial for desertion and, where appropriate, impose any such
forfeitures as could be imposed on conviction of that offence under part 1 of the NDA. This
authority has been delegated to Commanders-in-Chief, Flag Officer Scotland, Northern
England and Northern Ireland, Flag Officer Training and Recruiting, and Flag Officer Sea
Training, in the following cases:
a. Young ratings who have been sent to a Young Offenders’ Institution for some
other offence committed during desertion and who are to be retained in the Naval
Service.
b. Other ratings who are sent to prison for a long term as a result of some other
offence committed during desertion and who will not be retained in the Naval
Service.
c. Ratings who are apprehended, or surrender, after being absent for five years or
more, and who will not be retained in the Naval Service.
2. Whilst the offence of desertion must always be regarded as a grave matter, when a
deserter is apprehended or surrenders after being absent for five years or more, provided
he is prepared to sign a confession of desertion, his trial may be dispensed with by order
made under the provisions of Section 74 of the NDA 57 and the man may be discharged
administratively. In cases where the engagement of such a deserter has not expired the
appropriate method of discharge will be SNLR. Where the engagement has expired during
the period of desertion the normal notation ‘LS, CS or OE expired’ should be made on the
man’s Service Certificate and Form C25.
4014. Expenses of Army and Royal Air Force Escorts for Naval etc Deserters
1. Army or Royal Air Force funds will bear any expense incurred by Army or Royal Air
Force escorts in escorting deserters from the Royal Navy or Royal Marines; and no claim
that may be made locally by Army or Royal Air Force Paymasters for such service is to be
admitted. Similarly Naval funds will bear all expenses incurred by Naval or Royal Marines’
escorts in escorting deserters from the Army or the Royal Air Force.
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3. Recovery Abroad. When an offender is recovered abroad the cost of his own fare
back to his own ship is to be charged against his pay. Similarly, the fare of an offender
deserting abroad who is recovered in the United Kingdom and is subsequently returned to
his own ship abroad is to be charged against his pay. The expenses of an escort in these
cases, whether naval, military, air force, or police, are chargeable to public funds.
1. Forfeiture - General. For the period of his desertion a deserter forfeits all pay,
allowances, annuities, pensions or resettlement grants to the Crown, unless the tribunal
by which he is tried, or the Defence Council, shall otherwise direct. These forfeitures
should be remitted only in exceptional circumstances, and the reason for the remission is
to be reported to the Ministry of Defence (see BR 1950 Naval Pay Regulations Chapter 8
for accounting instructions). (See also BR 8748 Ratings’ Terms of Service and BR 1950
for forfeiture of time prior to desertion).
2. Disposal of Uniform. Authority, under Section 75 of the Act, to dispose of the uniform
and effects left by a deserter or absentee onboard, or at his place of duty, may be exercised
by Commanding Officers of Captain’s rank. Absentees and Deserters kit is to be collected
and dealt with as per Service Police procedures. These include authority to search and
treating all items as possible evidence. All items are to be forwarded to NPM(E) after 60
days.
3. Medals. The provisions of BR 11 Manual of Naval Law Chapters 9 and 23 apply to the
forfeiture of medals for desertion, whether tried summarily or by court-martial.
4. Good Conduct Badges. Under Order-in-Council dated 19 December 1958 any rating
or Royal Marine (whether or not the Royal Marine is subject to the Naval Discipline Act)
convicted of desertion shall forfeit any good conduct badges he may possess.
5. Forfeiture of Service. A person who is convicted of desertion shall forfeit the period
of his service in respect of which he is convicted.
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1. Restoration Circumstances. Medals (other than Long Service and Good Conduct
Medals) which have become forfeit in consequence of desertion, may be restored with
Ministry of Defence approval in the following circumstances:
a. On completion of a period of three years’ service with ‘Very Good Conduct’ after
punishment for desertion.
2. War Service. If the desertion was during a state if war no award(s) instituted for
service during the period of hostilities in which desertion took place will be restored unless
the man subsequently rendered approved service in the armed force from which he
deserted, in the area and prior to the termination of the particular period of hostilities for
which the award was instituted. Approved service for this purpose may be paid service of
one day or more subsequent to sentence.
3. Application for Re-Issue. Application should be made to the Director, Naval Pay and
Pensions Division (NPP Acs), Centurion Building, for re-issue, which will be made:
a. Free of charge when the original medals have been returned to the Ministry of
Defence on being forfeited, or when the medals have been forfeited before issue;
b. On repayment as duplicate issues when the original medals were not recovered,
provided that a satisfactory explanation of the circumstances of the loss is
forthcoming (a report on this point should be forwarded as directed in 5903-5905).
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1. Qualifying Service. An individual may apply to their Commanding Officer for the ‘R’
to be removed when the sentence for desertion has been rehabilitated (see PLAGO and
BR 8748 Chapter 6 for details of rehabilitation periods and extensions to rehabilitation
periods resulting from further convictions).
a. An individual who has completed the following service with continuous ‘Very Good
Conduct’ (or free of Career Checks post 31 December 1999) may apply to their
Commanding Officer for the ‘R’ to be removed:
(1) Three years within five years of service after punishment for desertion;
(2) Four years within nine years of service after punishment for desertion;
(3) Six years within any time of service after punishment for desertion.
5. Restoration of Time Forfeited. These rules apply also to the restoration, for the
purposes of good conduct badge and pension, of time forfeited by an ex-soldier or ex-
airman, as a result of desertion from the Army or the Royal Air Force, and not restored
before transfer or entry into the Navy solely because the man did not, after recovery from
desertion, serve sufficiently long in the Service from which he deserted to quality for
restoration of the time so forfeited.
6. Recovery Before Age 17½. These provisions do not apply to deserters recovered
before 17½, there being no permanent record of ‘R’ to be removed from Service
documents in such cases.
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1. A serviceman who absents himself without leave from a Joint Service Unit is to be held
on the strength of the Joint Service Unit for eight days only. If he returns within eight days
and has an acceptable reason for his absence he may continue to serve with the Joint
Service Unit. After eight days the absentee is to revert to his parent Service and that
Service is thereafter to take all the necessary further action under the Service law
particular to that absentee.
2. The Commanding Officer of the Joint Service Unit is to report the serviceman’s
absence to the appropriate naval, military or RAF authorities, in accordance with the
instructions in J. Annex 40A.
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