Valid from 02/10/2000
Textual Amendments
F1Ss. 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)
(1)Where a person is arrested under section 74 of this Act—
(a)the arrest, and
(b)any grounds on which he is being kept in air-force custody without being charged,
shall be reported as soon as practicable to his commanding officer.
(2)Until such a report is made, the person may be kept in air-force custody without being charged, but only if the person who made the arrest has reasonable grounds for believing that keeping him in air-force custody without charge is necessary—
(a)to secure or preserve evidence relating to an offence for which he is under arrest, or
(b)to obtain such evidence by questioning him.
(3)After receiving a report under subsection (1) above the commanding officer shall as soon as practicable determine—
(a)whether the requirements of subsection (4) below 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 air-force 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 air-force custody without being charged is necessary to secure or preserve evidence relating to an 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 air-force custody.
(5)An authorisation under subsection (4) above—
(a)if given less than 12 hours after the relevant time, shall end not more than 12 hours after the relevant time;
(b)if given not less than 12 but less than 36 hours after the relevant time, shall end not more than 36 hours after the relevant time;
(c)if given not less than 36 but less than 48 hours after the relevant time, shall end not more than 48 hours after the relevant time.
(6)A person shall not be kept in air-force custody later than 48 hours after the relevant time without being charged except in accordance with section 75C of this Act.
(7)In this Act “the relevant time” in relation to a person arrested under section 74 of this Act means the time of the arrest.]
Textual Amendments
F2Ss. 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 provisons in art. 3, Sch. para. 14)
Modifications etc. (not altering text)
C1S. 75A(1)(3)(5)(6) modified (temp.)(4.9.2000) by S.I. 2000/2366, art. 3, Sch. para. 3
Textual Amendments applied to the whole legislation
F3Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2