C1 Part II Discipline and Trial and Punishment of Air-Force Offences
F3 Custody
Ss. 75-75E and cross-heading substituted (2.10.2000) for s. 75 by 2000 c. 4, s. 1(2); S.I. 2000/2366, art. 2 (with transitional provisions in art. 3, Sch. para. 14)
F275 Limitations on custody without charge.
1
A person arrested under section 74 of this Act shall not be kept in air-force custody without being charged except in accordance with sections 75A to 75C of this Act.
2
If at any time the commanding officer of a person who is kept in air-force custody without being charged—
a
becomes aware that the grounds for keeping that person in air-force custody have ceased to apply; and
b
is not aware of any other grounds on which continuing to keep that person in air-force custody could be justified under the provisions of this Act,
it shall be the duty of the commanding officer, subject to subsection (3) below, to order his immediate release from air-force custody.
3
A person who appears to his commanding officer to have been unlawfully at large when he was arrested is not to be released under subsection (2) above.
4
For the purposes of this section and sections 75A to 75K of this Act a person is to be treated as charged with an offence when he is informed in accordance with regulations of the Defence Council that a charge is to be reported to his commanding officer under section 76(1) of this Act.
Pt. II (ss. 24-143) applied (1.6.1996) by Armed Force Act 1991 (c. 62, SIF 7:1), ss. 18(9)(b), 20(10)(b); S.I. 1996/1173, art. 2