Armed Forces Act 2006

133 Detention: limits on powers U.K.

(1) The maximum term of detention that a commanding officer may award under row 1 of the Table in section 132 to an able rate, marine, soldier or airman is—

(a) 90 days if the commanding officer has extended powers for the purposes of this subsection;

(b) otherwise, 28 days.

(2) A commanding officer may not award detention under row 1 of the Table in section 132 to a person of any of the following ranks—

(a) leading rate,

[F1 (aa) corporal in the Royal Marines;]

(b) lance corporal or lance bombardier [F2 in any of Her Majesty’s military forces],

(c) corporal in any of Her Majesty's air forces,

unless the commanding officer has extended powers for the purposes of this subsection; and the maximum term of detention that a commanding officer may (if he has those powers) award such a person is 90 days.

[F3 (2A)  In relation to the Royal Air Force Regiment, the reference in subsection (2)(c) to a corporal is to be read as a reference to a lance corporal.]

(3) A commanding officer has extended powers for the purposes of subsection (1) or (2) if he has, [F4 within the relevant time (defined by section 135A)] —

(a) applied to higher authority for extended powers for the purposes of that subsection; and

(b) been notified by higher authority that his application has been granted.

(4) A commanding officer also has extended powers for the purposes of subsection (1) or (2) if he is of or above the rank of rear admiral, major-general or air vice-marshal.

Textual Amendments

F1 S. 133(2)(aa) inserted (1.5.2022) by Armed Forces Act 2021 (c. 35), ss. 13(5)(a), 24(1); S.I. 2022/471, reg. 4(c) (with reg. 5)

F2 Words in s. 133(2)(b) inserted (1.5.2022) by Armed Forces Act 2021 (c. 35), ss. 13(5)(b), 24(1); S.I. 2022/471, reg. 4(c) (with reg. 5)

F3 S. 133(2A) inserted (1.5.2022) by Armed Forces Act 2021 (c. 35), ss. 13(6), 24(1); S.I. 2022/471, reg. 4(c) (with reg. 5)

F4 Words in s. 133(3) substituted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 10; S.I. 2012/669, art. 4(d)

Commencement Information

I1 S. 133 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2 S. 133 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4