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First Group of PartsDiscipline

Part 4Custody

Chapter 2Custody etc after Charge

Arrest after charge
110Arrest after charge or during proceedings by order of commanding officer

(1)The commanding officer of a person who—

(a)has been charged with, or is awaiting sentence for, a service offence, and

(b)is not in service custody,

may, if satisfied that taking that person into service custody is justified, give orders for his arrest.

(2)For the purposes of this section, taking a person into service custody is justified if there are reasonable grounds for suspecting that, if not taken into service custody, he would—

(a)fail to attend any hearing in the proceedings against him;

(b)commit an offence; or

(c)interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person.

(3)Taking a person into service custody is also justified for the purposes of this section if—

(a)he has failed to attend any hearing in the proceedings against him;

(b)there are reasonable grounds for suspecting that he should be taken into service custody for his own protection or, if he is aged under 17, for his own welfare or in his own interests; or

(c)there are reasonable grounds for suspecting that—

(i)if not taken into service custody, he would fail to comply with a requirement imposed under section 107(3); or

(ii)he has failed to comply with such a requirement.

(4)A person arrested under subsection (1) who is kept in service custody—

(a)must as soon as is practicable be brought before a judge advocate for a review of whether he should continue to be kept in service custody; and

(b)on that review is to be dealt with as on a review under section 108(1) (see sections 108(4) to (8) and 109).

(5)Where a power of arrest is conferred on any person by virtue of this section, he may use reasonable force, if necessary, in the exercise of the power.

111Arrest during proceedings at direction of court

(1)Where—

(a)a person has been arraigned before the Court Martial or the Service Civilian Court, and

(b)proceedings before the court have not concluded,

a judge advocate, if satisfied that taking him into service custody is justified, may direct the arrest of that person.

(2)Any person with power to arrest that person for a service offence has the same power, exercisable in the same way, to arrest him pursuant to a direction under subsection (1).

(3)Subsections (2) and (3) of section 110 apply for the purposes of this section.

(4)A person arrested under this section who is kept in service custody—

(a)must as soon as is practicable be brought before a judge advocate for a review of whether he should continue to be kept in service custody; and

(b)on that review is to be dealt with as on a review under section 108(1) (see sections 108(4) to (8) and 109).