Armed Forces Act 1971

44 Arrest by civil authorities. U.K.

(1) Section 103 of the Naval Discipline Act 1957 (arrest under warrants of naval authorities) shall be amended by adding the following subsection at the end:—

“(4) A certificate under subsection (3) above shall be in such form as may be prescribed by regulations made by a Secretary of State by statutory instrument and shall for the purpose of this Act be evidence of the matters stated therein.”

(2) The following provisions (being provisions corresponding to section 103 of the Naval Discipline Act 1957 (as amended by subsection (1) above) and section 104 of that Act) shall inserted in the M1 Army Act 1955 after section 190, and also (but modified for that purpose by the, substitution of “air-force custody” for “military custody” and “air forces” for “military forces” throughout subsection (3) of the provision numbered 190A) in the M2 Air Force Act 1955 after section 190:—

“ Further Powers of arrest of civil authorities U.K.

190A Arrest under warrants of commanding officers.

(1) A warrant for the arrest of a person suspected of any offence under Part II of this Act may be issued by his commanding officer (determined for the purposes of this subsection as if that person been charged with the offence).

(2) A warrant issued under this section shall be addressed to an officer or officers of police, and shall specify the name of the person for whose arrest it is issued and the offences which he is alleged to have committed; and any such warrant may be issued in respect of two or more persons alleged to have committed the same offence, or offences of the same class.

(3) A person arrested under a warrant issued under this section shall as soon as practicable be delivered into military custody, and there shall be handed over with him a certificate signed by the officer of police who causes him to be delivered into military custody stating, the fact, date, time and place of arrest, and whether or not the person arrested was at the time of arrest wearing the uniform of any of Her Majesty’s military forces.

(4) A certificate under subsection (3) above shall be in such form as may be prescribed by regulations made by a Secretary of State by statutory instrument and shall for the purposes of this Act be evidence of the matters stated therein.

190B Arrest of persons unlawfully at large.

(1) A constable may arrest without warrant any person who, having been sentenced under Part II of this Act to imprisonment or detention, is unlawfully at large during the currency of the sentence, and may take him to any place in which he may be required in accordance with law to be detained.

(2) The provisions of subsections (5) to (7) of section 119 of this Act shall have effect for the purposes of subsection (1) above as they have effect for the purposes of the said section 119.”

Modifications etc. (not altering text)

C1 The text of ss. 2–25, 27–32, 34–50, 52, 53, 55–63, 65, 66, 68, 70–75, 77(1), Schs. 2, 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1955 c. 18.

M2 1955 c. 19.