C1C3C4Part 4Custody

Annotations:
Modifications etc. (not altering text)
C1

Pt. 4 modified by 1968 c. 20, s. 20(1G)(1H) (as substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 21(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)

C1C3Chapter 1Custody without Charge

I1C1I2C3C2100C1C3Review of custody by commanding officer

1

The commanding officer of a person kept in service custody in accordance with section 99 must, subject to subsections (3) and (4), review the keeping of that person in service custody not later than the end of the period for which it is authorised.

2

Subsections (4) and (5) of section 99 apply on each review under this section as they apply where a report is received under section 99(1).

3

A review may be postponed if, having regard to all the circumstances prevailing at the expiry of the last authorisation under section 99(4), it is not practicable to carry out the review at that time.

4

A review may also be postponed if at the expiry of the last authorisation under section 99(4)—

a

the person in service custody is being questioned and the commanding officer is satisfied that an interruption of the questioning for the purpose of carrying out the review would prejudice the investigation in connection with which the person is being questioned; or

b

the commanding officer is not readily available.

5

Subsection (4) does not limit the power to postpone under subsection (3).

6

If a review is postponed under subsection (3) or (4)—

a

it must be carried out as soon as practicable after the expiry of the last authorisation under section 99(4); and

b

the keeping in service custody of the person to whom the review relates is by virtue of this paragraph authorised until that time.