Armed Forces Act 2006

300 Service custody etc rules

(1) The Secretary of State may make rules about service custody and the service of relevant sentences.

(2) The rules may in particular contain provision about—

(a) the provision, classification, regulation and management of service custody premises;

(b) the appointment, powers and duties of inspectors and visitors of service custody premises and of persons who work at such premises;

(c) the classification, treatment, employment, discipline and control of persons in service custody;

(d) the places in which persons may be required to serve sentences of service detention;

(e) the removal of persons serving relevant sentences from one place or type of custody to another;

(f) the committal of persons under relevant sentences to the appropriate establishment;

(g) the circumstances in which persons serving relevant sentences who are unlawfully at large are to be treated as not being unlawfully at large;

(h) the release (including the temporary or early release) of persons serving sentences of service detention.

(3) The rules may confer on any person—

(a) a power to use reasonable force where necessary for the purpose of carrying out a search of service custody premises or of a person in service custody;

(b) a power to seize and detain unauthorised property (as defined by the rules).

(4) The rules may contain provision in respect of the award of additional days to a person guilty of a disciplinary offence created by the rules.

(5) The rules may provide for the determination of any matter by a judge advocate, and may contain provision for and in connection with appeals against such determinations.

(6) The rules may apply (with or without modifications), in relation to service custody premises and persons detained there, any of—

(a) sections 39 to 42 of the Prison Act 1952 (c. 52) (offences by persons other than prisoners etc);

(b) section 22(2) of the Criminal Justice Act 1961 (c. 39) (harbouring escaped prisoners etc).

(7) In this section—

• “relevant sentence” means—

  (a)

  a custodial sentence passed in respect of a service offence;

  (b)

  a sentence of service detention; or

  (c)

  an order under section 214 (detention for commission of offence during currency of order);

• “service custody premises” means premises under the control of the Secretary of State for the keeping of persons in service custody.