67Power of arrest for service offenceU.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
F1S. 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)
C1S. 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
I1S. 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)
I2S. 67 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4