Part 3 U.K. Powers of Arrest, Search and Entry

Chapter 1 U.K. Arrest etc

Powers of arrest U.K.

67 Power of arrest for service offence U.K.

(1) A person who is reasonably suspected of being engaged in committing, or of having committed, a service offence may be arrested in accordance with subsection (2), (3), (4) or (5) by a person subject to service law.

(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

[F1 (c) by a person who is lawfully exercising authority on behalf of a provost officer, and who—

(i) is an officer; or

(ii) is acting on the order of an officer.]

(3) A person of or below the rank or rate 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 civilian subject to service discipline 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 service law, by ordering him into arrest.

Textual Amendments

F1 S. 67(2)(c) substituted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 2; S.I. 2012/669, art. 4(d)

Modifications etc. (not altering text)

C1 S. 67 modified (31.10.2009) by The Armed Forces (Naval Chaplains) Regulations 2009 (S.I. 2009/826), regs. 1, 4(3) (with reg. 2(c))

Commencement Information

I1 S. 67 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. 67 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

68 Section 67: supplementary U.K.

(1) In section 67(2)(a) the reference to being engaged in a mutiny is a reference to committing an offence under section 6.

(2) For the purposes of section 67(3), a person who—

(a) is suspected of having committed a service offence while a member of Her Majesty's forces, and

(b) is not a member of Her Majesty's forces or a civilian subject to service discipline,

is to be treated in relation to the offence as being of the rank or rate which he held when he was last a member of Her Majesty's forces.

(3) For the purposes of section 67(4), a person who—

(a) is suspected of having committed a service offence while a civilian subject to service discipline, and

(b) is not a member of Her Majesty's forces or a civilian subject to service discipline,

is to be treated in relation to the offence as if he were a civilian subject to service discipline.

(4) Where a person may be charged (within the meaning of section 61(1)) with an offence only with the consent of the Attorney General (see section 61(2)), section 67(1) has effect in relation to the offence as if for the words from “in accordance with” to the end there were substituted “ by a service policeman ” (and as if section 67(2) to (5) were omitted).

Commencement Information

I3 S. 68 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)

I4 S. 68 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

69 Power of arrest in anticipation of commission of service offence U.K.

(1) A service policeman may arrest a person whom he reasonably suspects of being about to commit a service offence.

(2) Subsection (6) of section 67 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 service custody until such time as a service policeman is satisfied that the risk of his committing the service offence concerned has passed.

Commencement Information

I5 S. 69 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)

I6 S. 69 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4