C1C3Part 4Custody

Annotations:
Modifications etc. (not altering text)
C1

Pt. 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)

C1C3Chapter 1Custody without Charge

I1C1I2C3C298C1C3Limitations on custody without charge

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.