Part 3Powers of Arrest, Search and Entry
Chapter 1Arrest etc
Powers of arrest
67Power of arrest for service offence
(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
(c)
on the order of another officer, by a person who is lawfully exercising authority on behalf of a provost 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.