The Armed Forces (Alignment of Service Discipline Acts) Order 2008

Powers of arrest

3.  For section 74 of the Army Act 1955(1) (power to arrest offenders) substitute—

“74.    Power to arrest offenders

(1) A person who is reasonably suspected of being engaged in committing, or of having committed, an offence against any provision of this Act may be arrested in accordance with subsection (2), (3), (4) or (5) by a person subject to military or air-force law or to the Naval Discipline Act 1957 (c. 53).

(2) An officer may be arrested under subsection (1)—

(a) by an officer of superior rank or, if engaged in a mutiny, quarrel or disorder, by an officer of any rank;

(b) by a service policeman; or

(c) on the order of another officer, by a person who is lawfully exercising authority on behalf of a provost officer.

(3) A person of or below the rank of warrant officer may be arrested under subsection (1)—

(a) by an officer;

(b) by a warrant officer or non-commissioned officer of superior rank or rate;

(c) by a service policeman;

(d) by a person who is lawfully exercising authority on behalf of a provost officer; or

(e) if a member of a ship’s company or an embarked force, by a person exercising authority as a member of the staff of the officer of the day.

(4) A person to whom any provisions of Part 2 of this Act apply by virtue of section 208A or 209 of this Act (application of Act to passengers in HM ships and aircraft and to civilians) may be arrested under subsection (1)—

(a) by an officer;

(b) by a service policeman; or

(c) by a person who is lawfully exercising authority on behalf of a provost officer.

(5) Where none of subsections (2) to (4) applies in relation to the person to be arrested, that person may be arrested under subsection (1) by a service policeman.

(6) The power of arrest conferred on any person by this section may be exercised—

(a) personally;

(b) by giving orders for the arrest of the person who is to be arrested; or

(c) where that person is subject to military or air-force law or to the Naval Discipline Act 1957, by ordering him into arrest.

74A.    Power of arrest in anticipation of commission of offence

(1) A service policeman may arrest a person whom he reasonably suspects of being about to commit an offence against any provision of this Act.

(2) Subsection (6) of section 74 of this Act applies in relation to the power of arrest conferred by this section as it applies in relation to the power of arrest conferred by that section.

(3) Where a person is arrested under this section—

(a) the arrest must be reported as soon as practicable to his commanding officer; and

(b) he may be kept in military, air-force or naval custody until such time as a service policeman is satisfied that the risk of his committing the offence concerned has passed.”

(1)

Section 74 of the Army Act 1955 was amended by the 1957 Act, Schedule 5.