Desertion from the army or navy is the crime of absence without leave, coupled with the intention of not returning to the service, or of avoiding some important duty, such as embarkation for a foreign station or aiding the civil power, however short the time of absence or the distance to which the absentee may have gone. Under the Army Act of 1881 the very common offence of quitting one regiment to join another (formerly charged as both 'desertion and fraudulent enlistment'), inasmuch as it proves no intention to leave the service, is punishable by Court-martial (q.v.) as fraudulent enlistment only, but in the same way as desertion when not on active service—viz. by imprisonment up to two years for a first offence, and penal servitude for not less than five years for a second or subsequent offence, together with forfeiture of service, medals, &c., to which may be added stoppages of pay for loss of kit, and discharge with ignominy. By thus distinguishing between desertion and fraudulent enlistment, the number of soldiers annually convicted of the former crime has been reduced by one-half; short service, the abolition of Bounty (q.v.) on enlistment, and better education have had the effect of still further reducing this number. It is still, however, large (about 3000); and, beyond a published description of all absentees and deserters, recruiting officers have no means—such as formerly existed, when tattooing with the letter 'D' (erroneously called Branding, q.v.) always formed part of the sentence—of detecting a man who has been convicted of this crime and discharged with ignominy, or who endeavours to fraudulently re-enlist. Thus individual men often join five or six regiments, deserting immediately from each in turn and selling their kits, which cost the country some £4 or £5 each. When apprehended considerable further expense is incurred in bringing them to trial and maintaining them in prison.
Desertion, or attempting to desert, when on active service, or under orders for active service, is much more rare, and is punishable with death. So is the crime of inducing a soldier to desert under those circumstances; and a civilian who is convicted of it, if subject to military law because accompanying a force in the field, as a newspaper correspondent or a camp-follower, is liable to this punishment. When not subject to military law, six months' imprisonment with hard labour may be awarded by any court of summary jurisdiction to a civilian who induces or assists a soldier to desert. Deserters from the United States army forfeit all pay and allowances due at the time of desertion. If in time of war, the penalty is death; in peace, they suffer such penalty as a court-martial may direct.
Desertion is equally a crime when committed by a seaman of the royal navy. A sailor absent from three successive musters is a 'runaway'; and when discovered and brought back, he is punished by a deduction from his pay. If his absence is continued, it amounts to desertion. All harbouring of deserters by other persons is punishable. In the navy of the United States, a temporary absence without leave with an apparent intention of returning to duty, is regarded as 'straggling,' but an absence of ten days constitutes desertion. In either case the commanding officer decides the points, and causes the proper entries to be made on the ship's books.