Section 175
Proceedings before a civil court where persons suspected of illegal absence
Where a person who is brought before a magistrate is alleged to be an officer or serviceman of the regular forces 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 forces and the magistrate is satisfied of the truth of the admission, then—
(a)
unless he is in custody for some other cause, the magistrate shall; and
(b)
notwithstanding that he is in custody for some other case, the magistrate may, forthwith either cause him to be delivered into armed forces custody in such manner as the magistrate 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 magistrate may specify (not exceeding such time as appears to the magistrate reasonably necessary for the purpose of enabling him to be delivered into armed forces custody) or until sooner into such custody.
(3)
Any time specified by the magistrate in accordance with the last foregoing subsection may be extended by the magistrate from time to time if it appears to the magistrate reasonably necessary so to do for the purpose as aforesaid.
(4)
If he does not admit that he is illegally absent as aforesaid, or if the magistrate is not satisfied of the truth of the admission, the magistrate shall consider the offence and any statement of the accused,
158 Laws of Malaysia ACT 77
and if satisfied that he is subject to service law under this Act 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 magistrate shall cause him to be delivered into armed forces custody, or commit him as aforesaid, or otherwise shall discharge him:
Provided that if he is in custody for some other cause, the magistrate shall have power at his discretion to act in accordance with this subsection.