74 Power to arrest offenders.F3U.K.
(1)Any person subject to military law found committing an offence against any provision of this Act, oralleged to have committed or reasonably suspected of having committed any such offence, may be arrested inaccordance with the following provisions of this section.
(2)An officer may be arrested by an officer of the regular forces of superior rank, or, if engaged in aquarrel or disorder, by such an officer of any rank.
(3)A warrant officer, non-commissioned officer or soldier may be arrested by any officer, warrant officeror non-commissioned officer of the regular forces:
Provided that a person shall not be arrested by virtue of this subsection except by a person ofsuperior rank.
(4)A provost officer, or any officer, warrant officer F1 non-commissioned officer [F2or rating] legally exercising authority under a provost officer or on his behalf, may arrest any officer, warrantofficer, non-commissioned officer or soldier:
Provided that an officer shall not be arrested by virtue of this subsection except on the order ofanother officer.
(5)The power of arrest given to any person by this section may (subject to the provisions of Queen’sRegulations) be exercised either personally or by ordering into arrest the person to be arrested or bygiving orders for that person’s arrest.
Textual Amendments
F1Words repealed by Naval Discipline Act 1957 (c. 53), Sch. 5
F2Words inserted by Naval Discipline Act 1957 (c. 53), Sch. 5
Textual Amendments applied to the whole legislation
F3Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2