- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Armed Forces Act 1966. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)A person who is subject to service law and is detained in the custody of a civil or service authority of a country outside the United Kingdom in connection with an offence punishable under the law of that country may, if he is handed over by the authority, be taken into naval, military or air force custody under this section in accordance with subsection (3) below and kept in such custody.
(2)Where a person who is subject to service law is in a country outside the United Kingdom and it appears to an officer not below the rank of lieutenant-commander or a military or air-force officer of corresponding rank or an officer below that rank in command of one of Her Majesty’s ships,—
(a)that the arrest of that person by a civil or service authority of that country in connection with an offence against the law of that country is imminent; or
(b)that, if a request made by a civil or service authority of that country for the arrest, in accordance with a power exercisable by members of Her Majesty’s forces, of that person in connection with such an offence is not complied with, that person is likely to be arrested by that authority;
(i)may be arrested by that officer, irrespective of that officer’s rank; or
(ii)may, if that officer so requires, be arrested in accordance with the next following subsection;
and a person arrested under this section may be kept in naval, military or air-force custody under this section.
(3)A person may be taken into custody under subsection (1) above or arrested by virtue of subsection (2)(ii) above by a person described in section 45 of the M1Naval Discipline Act 1957, section 74 of the M2Army Act 1955 or section 74 of the M3Air Force Act 1955 who would thereunder have power to arrest him if he had committed an offence under Part I of the said Act of 1957 or against any provision of Part II of the M4Army Act 1955 or Part II of the M5Air Force Act 1955; and the powers conferred by this subsection may be exercised either personally or by ordering into naval, military or air force custody or, as the case may be, arrest the person to be taken into custody or arrested or by giving orders for his being taken into custody or arrested.
For the purposes of this subsection a member of one service whom it is proposed should be taken into custody or arrested by a member of another service shall be treated as holding corresponding rank in that other service to the rank held by him.
(4)For the purpose of trial for, or an investigation into, the offence in connection with which a person is in custody under this section, that person,—
(a)if he is so in custody by virtue of subsection (1) above, may, at the request of the authority by whom he was handed over in accordance with that subsection, be handed back to that authority; or
(b)if he is so in custody by virtue of subsection (2) above, may, at the request of the authority whose apparent intention it was to arrest that person, or, as the case may be, whose request for his arrest was the occasion of his arrest under that subsection, be handed over to that authority.
(5)A person in custody by virtue of this section may be retained therein notwithstanding his ceasing at any time while he is so retained to be subject to service law.
(6)The Defence Council may make regulations with respect to all or any of the following matters, that is to say,—
(a)the manner in which persons may be taken into custody or arrested under this section;
(b)the making of reports on the reasons why a person has been so taken into custody or arrested, and on the necessity for the keeping of a person in custody under this section, the persons by whom, the time at which, and the authority to whom such reports are to be made, and, in the case of reports as to the keeping of a person in custody, the frequency with which such reports are to be made;
(c)the custody and treatment of persons kept in custody under this section, and their removal from one country to another; and
(d)the giving of directions, by such persons as may be specified in or determined under the regulations, with respect to all or any of the matters above mentioned.
F1(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)This section shall apply to a person to whom—
(a)any enactment contained in Part I of the M6Naval Discipline Act 1957 applies by virtue of section 118 of that Act (application to civilians); or
(b)Part II of the M7Army Act 1955 applies by virtue of section 209 of that Act (application to civilians); or
(c)Part II of the M8Air Force Act 1955 applies by virtue of section 209 of that Act (application to civilians),
as it applies to a person subject to the M9Naval Discipline Act 1957, military law or air-force law, as the case may be, but with the substitution, for the reference to section 45 of the Naval Discipline Act, of a reference to paragraph 3 of Schedule 4 to that Act, for references to section 74 of the M10Army Act 1955 and section 74 of the M11Air Force Act 1955, of references to those sections as modified respectively by section 209 of the M12Army Act 1955 and section 209 of the M13Air Force Act 1955 and the omission, in subsection (3), of the words from “For the purposes of this subsection” to the end of the subsection.
(9)In this section—
“” means a civil authority authorised by law to detain persons;
“corresponding rank” has the same meaning as in the M14Army Act 1955;
“Her Majesty’s ships” has the same meaning as in the M15Naval Discipline Act 1957;
“” means a naval, military or air-force authority;
“service law” means the M16Naval Discipline Act 1957, military law or air-force law;
and any reference to the keeping of a person in custody includes a reference to his being kept under open arrest.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: