Penalty for Desertion

[dunmore44]

One of my relatives served in the RFA in France from 1915 - Nov 1917 during this time he was sent home twice wounded. On the last occasion suffering from a "GSW" to the left Leg and hand he returned home and spent a month in a military hospital in Lancashire.

Then on the 27 Dec 1917 during a military tattoo in Catterick he deserted. He married in Woolwich two days later and never returned. He is listed on the medal roll and a deserter, still a deserter. What would his punishment have been had he been caught? Prison or worse?

[John_Hartley]

He'd have received a death sentence, like as not. It doesnt come much more serious than deserting in wartime. Although most were not carried out. But about 10% were.

John

[jhill]

We must have had threads about this before. One of the complications is that there is desertion and then there is desertion. My understanding is that the desertion that one might be shot for is that covered by Section 4 of the Army Act, which dealt with deserting one's post in the face of the enemy (I do not know the exact phraseology). However, there is also a desertion covered by Section 12, which dealt with desertion while on active service. This was often like being absent without leave, but for a "long" time. This second 'desertion' was quite common. Of course, the Army often had a choice which Section the offender would be charged under.

The confusion is that the offender was often called a 'deserter' in both cases. I have seen reports in contemporary newspapers to the effect that, in Canada at least, the punishment for desertion was often merely dissmissal from the service.

[Steve Bramley]

If I remember correctly,

From the register of Courts Martial for 1915, all cases of desertion received a death sentence. The vast majority were commuted, usually to three years penal servitude, but i definately remember two cases that got ten years. Wether these sentences were ever carried out...?

Steve.

Edited 24 December , 2005 by Steve Bramley

[alan jones]

I noticed on my grandfathers medal rolls there is a gunners name next to his who , date of disembarkation 3/4/1915 {3} was discharged Para 392 {x} KR 9/4/1920 saying Final forfeiture on account of desertion during hostilities authy nib/2/17836. So obviously he was not executed!

I did not think it fitting to name him in case of offence to relatives.

Regards,

Alan

[stevenbecker]

Mate,

Agreed, there is desertion and then there deserting.

Having no death penilty in the AIF we had many degree's of desertion and AWoL.

I was just looking at a soldier who after being wounded at Gallipoli was sent to a hospital in UK, he was in this hosp in Wales when he disappeared in Nov 1915.

He was listed as a deserter and it wasn't untill he was found in Nov 1917 working as a munitions worker in the UK that he was charged with desertion.

But this charge was dropped and he was allowed a discharge from the AIF to return to the muntions factory.

I have many cases where the penilty never fitted the crime of desertion but we also all have degrees.

There was a date after the end of the war that all soldiers that deserted during it were discharge in absence, and all medals were forfited.

Cheers and Merry Xmas

S.B

Edited 24 December , 2005 by stevenbecker

[Terry_Reeves]

I think you will find that if a soldier was on the strength of a home establishment, and that included hospitals, the death penalty did not apply.

Terry Reeves

Edited 24 December , 2005 by Terry_Reeves

[nodrear]

I am in the process of researching my grandathers WW1 record. He is shown as a deserter on his Royal Irish Rifles MIC but then this has been struck through and his medals restored. Why?, well because according to family legend, he was on leave in Ireland due to a wound and decided to rejoin another regiment under another name. Sure enough the RIR MIC card is cross referenced to a card in another name in the Leinster Regiment. So, yes "desertion" comes in many forms, including re-enlisting!

[Guest]

Having no death penilty in the AIF we had many degree's of desertion and AWoL.

Yes you did and soldiers were sentenced to death, but the Governor General reserved the right of confirmation to himself and then did not confirm any.

[Graham Stewart]

Agree with Terry that the Death Penalty for desertion did not apply while serving in the UK. They actually bent over backwards for soldiers to either turn themselves in, or their families to persuade them to give themselves up and an instruction regarding this appeared in ACI's.

You can guage some idea of the problem regarding desertion on the home front from pages of the Police Gazette, which literally lists hundreds of them. It included section's of deserters for the Regular/New Armies, Territorial Force, Group System(Derby Scheme men), Military Services Act(Conscripts), Royal Navy/Royal Marines and R.F.C./R.A.F.

Ironically during the post war years I believe a general pardon was issued to deserters who had served on active service which did eventually allow them to receive their medals.

Graham.

[Steve Bramley]

Hi Graham,

Do you know if the Police Gazette is available to view at the Newspaper archive at Colindale?

Steve.

[Graham Stewart]

Steve,

It was available to view some seven years ago, but some of our members will probably be able to give you more up-todate information regarding it's current viewing status.

Quote from "Circular Instructions affecting the T.F. - 9th July 1915", which is an extract from ACI's;-

C.I.29 - Desertions. Measures for Checking

"In order to reduce the number of instances in which simple absence developes into the far graver crime of desertion, as soon as the absentee has been two days absent his next of kin, as shown on his attestation, should be written to and asked to persuade him in his own interests to return and thus prevent more serious measures being taken."

Graham.

[ssmith]

Is there some way of finding out if a soldier was a deserter? I have a relative that came home on leave and got married. He then didn't go back so the military police came and took him back when he failed to return on time. I asume that he was taken back to the front line. Was this possable?

Sue

[Graham Stewart]

Sue,

From previous experience a lot of them ended up before the "beak" at the local court, registers of which may be kept in your local county archive.

Graham.