Point in time view as at 15/06/2017.
Armed Forces Act 2006, Section 98 is up to date with all changes known to be in force on or before 01 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)Except in accordance with sections 99 to 102, a person arrested under section 67 may not be kept in service custody without being charged with a service offence.
(2)If at any time the commanding officer of a person who is kept in service custody without being charged with a service offence—
(a)becomes aware that the grounds for keeping that person in service custody have ceased to apply, and
(b)is not aware of any other grounds on which continuing to keep that person in service custody could be justified under this Act,
the commanding officer must, subject to subsection (3), order his immediate release from service custody.
(3)A person who appears to his commanding officer to have been unlawfully at large when he was arrested may not be released under subsection (2).
(4)Section 301(4) (cases where persons temporarily released from service detention are unlawfully at large) applies for the purposes of this section.
Modifications etc. (not altering text)
C1Pt. 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)
C2Pt. 4 modified (1.8.2013) by The Armed Forces (Retrial for Serious Offences) Order 2013 (S.I. 2013/1852), arts. 1, 25(3)(4) (with art. 3)
C3Ss. 98-102 applied (1.8.2013) by The Armed Forces (Retrial for Serious Offences) Order 2013 (S.I. 2013/1852), arts. 1, 6(7)(c) (with art. 3)
Commencement Information
I1S. 98 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. 98 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
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