The Armed Forces (Custody Without Charge) Regulations 2009

Custody record

10.—(1) A record (“the custody record”) must be made when a person is placed in custody without charge.

(2) The custody record must include—

(a) the name, rank or rate of the person making a report under section 69(3)(a) (report to the commanding officer of arrest under section 69) and the date and time of the report;

(b) a record of any delegation made under regulation 3(1);

(c) a record of any revocation or variation of such delegation;

(d) a record of any restriction imposed under regulation 4;

(e) a copy of any written report made in accordance with regulation 5(a);

(f) the information specified in regulation 6(2) and confirmation that the documents specified under regulation 6(3) have been provided;

(g) a copy of any receipt signed by the person in custody for the information and documents specified in regulation 6 or a record of any refusal to sign such a receipt;

(h) the name, rank or rate of any assisting officer;

(i) a copy of any representation made by the person in custody;

(j) a record of any action taken in accordance with regulation 9;

(k) a record of any comment the person in custody makes in relation to the details of the arrest and alleged offence and any comment made in respect of the decision to place him in custody; and

(l) any other record or certificate resulting from decisions made with regard to custody without charge including but not limited to the authorisation of custody without charge, any order for the release of the person, any authorisation and review of continued custody and any application to a judge advocate for extended custody.

(3) The authorising officer shall ensure the accuracy and completeness of the custody record and, where a paper copy of the custody record has been produced, sign and date that record.

(4) A copy of the custody record shall be supplied to the person in custody on his release or appearance before a judge advocate or service court.

(5) The authorising officer shall ensure that the custody record is retained within the unit of the person in custody or by a service police force for at least six years from—

(a) in the case where a person is charged, the date of that charge; or

(b) in any other case, the date that he is released from custody.

(6) In this regulation “charge” means a charge brought in relation to the reason for which the person was arrested.