Why not go back to 1914 and bring back the firing squad? We have politicians behaving like Great War Generals, they may as well go the whole hog.
One point could it be argued that this is a change to terms of service?
I was sent the draft legislation a few days ago...
Clause 8: Desertion
60. Under this clause desertion is committed if a person subject to service law is absent without permission and either intends:
not to return at all, or
to avoid service on operations against an enemy, service abroad on operations to protect life or property or service on military occupation of a foreign country or territory.
61. It is an offence whether the person has the necessary intention at the time of going absent or develops the intention later.
62. The maximum sentence for desertion is generally two years' imprisonmentin the second bullet above, or if his intention is to avoid such service.. But the maximum is life imprisonment if the offender deserts when on service, or under orders to go on service, of the types described
8 Desertion
(1) A person subject to service law commits an offence if he deserts.
(2) For the purposes of this Act a person deserts if he is absent without leave and—
(a) he intends to remain permanently absent without leave; or
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(b) he intends to avoid any particular service or kind of service, and that
service or kind of service is relevant service.
(3) In this section “relevant service” means—
(a) actions or operations against an enemy;
(b) operations outside the British Islands for the protection of life or
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property; or
(c) military occupation of a foreign country or territory.
(4) A person guilty of an offence under this section is liable to any punishment
mentioned in the Table in section 163, and any sentence of imprisonment
imposed in respect of the offence—
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(a) if subsection (5) applies, may be for life;
(b) otherwise, must not exceed two years.
(5) This subsection applies if—
(a) the offender was on relevant service or under orders for such service
when he became absent without leave; or
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(b) subsection (2)(b) applied to him in relation to the offence.
Clause 2: Misconduct on operations
45. When persons subject to service law are taking part, or under orders to take part, in operations against an enemy certain misconduct may be more serious than in other circumstances. Under this clause service personnel are guilty of an offence if in such circumstances they commit specified types of misconduct. These are:
surrendering or abandoning a place when under a duty to defend it (subsection (1))
failing to do their utmost to carry out lawful commands (subsection (3))
when carrying out certain important duties (such as guard duty) sleeping or leaving their place of duty (subsection (4))
making statements (or other communications) likely to cause alarm or despondency among our or allied forces, or among accompanying civilians who are subject to service discipline (subsection (5))
46. In most cases no offence is committed if the person has a reasonable excuse for his actions.
47. The maximum penalty under this clause is life imprisonment.