Absent without Leave

A soldier who failed to report to his place of duty at the required time might be classed as absent without leave. This was a military offence and was dealt with by the military authorities, usually with some minor punishment at the disposal of the man’s commanding officer. But in the First World War it caused immense problems to the civilian courts, particularly in London and the big cities. 

If a soldier overstayed his leave by a day or so, or missed his train, he was in default and liable to arrest. But instead of using common sense and providing the man with a revised travel warrant and sending him on his way, he would be detained in custody and taken to the magistrates’ court. The man’s unit would be notified and an NCO and one or two soldiers despatched to the court (if his unit was serving in France this escort would be sent from its UK headquarters). 

He would be brought from custody and the magistrates would then order him to be handed over to the military escort and to be detained until such time as they arrived. If the man was in the Territorial Forces or the reserves (as were all men of military age under the Military Service Act, 1916) he would also be fined, usually an amount such as 20 shillings (£1), which is the equivalent of twenty days’ pay. 

Ordinarily magistrates had the option of imposing a custodial sentence in default of a fine but this was discouraged as it delayed the man’s return to his unit; instead the fine was to be deducted from his army pay. 

With up to 30% of the cases listed each day comprising military absentees eventually the magistrates themselves protested at the absurdity of the system – even if the man gave himself up voluntarily he was still put in custody. In April 1917 the Army (Annual) Act was updated to give authority from the local police inspector to manage absentees, and the courts were freed from this annoying distraction.