Armed Forces Act 2006

99 Authorisation by commanding officer of custody without charge U.K.

(1) Where a person is arrested under section 67—

(a) the arrest, and

(b) any grounds on which he is being kept in service custody without being charged with a service offence,

must be reported as soon as practicable to his commanding officer.

(2) Until such a report is made, the person may be kept in service custody without being charged with a service offence, but only if the person who made the arrest has reasonable grounds for believing that keeping him in service custody without being charged is necessary—

(a) to secure or preserve evidence relating to a service offence for which he is under arrest; or

(b) to obtain such evidence by questioning him.

(3) After receiving a report under subsection (1), the commanding officer must as soon as practicable determine—

(a) whether the requirements of subsection (4) are satisfied; and

(b) if so, whether to exercise his powers under that subsection;

and the person to whom the report relates may be kept in service custody for such period as is necessary to enable the commanding officer to make that determination.

(4) If, in relation to the person to whom the report relates, the commanding officer has reasonable grounds for believing—

(a) that keeping him in service custody without being charged with a service offence is necessary to secure or preserve evidence relating to a service offence for which he is under arrest or to obtain such evidence by questioning him, and

(b) that the investigation is being conducted diligently and expeditiously,

he may authorise the keeping of that person in service custody.

(5) Subject to subsection (6), an authorisation under subsection (4) ends not more than 12 hours after it is given.

(6) Except in accordance with section 101 or 102, a person may not be kept in service custody later than 48 hours after the arrest without being charged with a service offence.

(7) Where a person, while kept in service custody without being charged with a service offence, is arrested under section 67 for another service offence—

(a) subsections (1) to (5) apply in relation to the arrest for that other offence;

(b) the reference in subsections (2)(a) and (4)(a) to a service offence for which he is under arrest includes the service offence for which he was originally arrested;

(c) the reference in subsection (6) to the arrest is to be read as a reference to the arrest for the service offence for which he was originally arrested; and

(d) the last authorisation under subsection (4) (if any) given in relation to him ceases to have effect (and accordingly section 100 ceases to apply in relation to that authorisation).

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)

C2 Pt. 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)

C3 Ss. 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

I1 S. 99 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)

I2 S. 99 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4