C1Part 13Discipline: Miscellaneous and Supplementary

Annotations:
Modifications etc. (not altering text)
C1

Pts. 11-13 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(3)(4)

Chapter 3Arrest and Detention by Civil Authorities

Arrest etc for desertion or absence without leave

I1C2I2314Arrest by civilian police of deserters and absentees without leave

C31

An officer of a UK police force or British overseas territory police force may arrest without a warrant a person (“a relevant suspect”) who is reasonably suspected of being a person subject to service law who has deserted or is absent without leave.

C32

If an authorised person is satisfied by evidence given under oath or affirmation that a relevant suspect is or is reasonably suspected of being within his jurisdiction, he may issue a warrant for the arrest of the relevant suspect.

3

In subsection (2) “authorised person” means a person who has authority in a relevant territory to issue a warrant for the arrest of a person suspected of an offence.

C44

A person arrested under this section must as soon as practicable be brought before a court of summary jurisdiction in the relevant territory in which he was arrested.

5

In this section “relevant territory” means—

a

England and Wales;

b

Scotland;

c

Northern Ireland;

d

the Isle of Man; or

e

a British overseas territory.