Road Traffic Act 1988

184 Application of sections 5 to 10 to persons subject to service discipline. E+W+S

(1) Sections 5 to 10 of this Act, in their application to persons subject to service discipline, apply outside as well as within Great Britain and have effect as if—

(a) references to proceedings for an offence under any enactment included references to proceedings for the corresponding service offence,

(b) references to the court included a reference to any naval, military or air force authority before whom the proceedings take place,

(c) references to a constable included references to a member of the provost staff,

(d) references to a police station included references to a naval, military or air force unit or establishment,

(e) references to a hospital included references to a naval, military or air force unit or establishment at which medical or surgical treatment is provided for persons subject to service discipline, and

(f) in section 6(1) the reference to a traffic offence included a reference to the corresponding service offence.

(2) In relation to persons for the time being subject to service discipline, the power to arrest conferred on a constable by section 4(6) of this Act is also exercisable by a member of the provost staff and is so exercisable outside as well as within Great Britain.

(3) In this section—

• “corresponding service offence”, in relation to an offence under any enactment, means an offence under section 42 of the M1 Naval Discipline Act 1957 or an offence against section 70 of the M2 Army Act 1955 or section 70 of the M3 Air Force Act 1955 committed by an act or omission which is punishable under that enactment or would be so punishable if committed in Great Britain,

• “member of the provost staff” means a provost officer or any person legally exercising authority under or on behalf of a provost officer,

• “persons subject to service discipline” means persons subject to that Act of 1957, to military law or to air force law and other persons to whom section 42 of that Act of 1957 or section 70 of either of those Acts of 1955 for the time being applies,

• “provost officer” means a person who is a provost officer within the meaning of that Act of 1957 or either of those Acts of 1955.

Marginal Citations

M1 1957 c. 53.

M2 1955 c. 18.

M3 1955 c. 19.