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Armed Forces Act 2006

Armed Forces Act 2006

2006 CHAPTER 52

Commentary

First Group of Parts – Discipline

Part 4 – Custody
Chapter 2 – Custody etc after charge
Arrest after charge
Section 110: Arrest after charge or during proceedings by order of commanding officer

239.This section provides that where an accused (or offender, if he is awaiting sentence) has not been kept in custody but his CO is satisfied that taking him into custody is justified the CO may order the arrest of the accused and any arrest may be executed using reasonable force. When a person is arrested under this section he must be taken before a judge advocate as soon as practicable for his case to be reviewed.

240.The CO may only order the arrest of the accused if he has reasonable grounds for believing that the accused will do one or more of the things specified or that he has failed to attend a court hearing or there are reasonable grounds for believing that he has or will fail to comply with one of the conditions of his release.

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