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Armed Forces Act 2006

Section 298: Service custody etc rules

583.This section empowers the Secretary of State to make rules about service custody and the service of sentences imposed by service courts.

584.The section specifies certain matters in particular for which these rules may contain provision. They include:

  • the provision, classification, regulation and management of service custody premises (which will include both the MCTC and smaller facilities, such as guardrooms, which are used for the temporary accommodation of persons in service custody);

  • the creation of disciplinary offences, and the award of additional days to be served by a person guilty of such an offence;

  • the determination of any matter by a judge advocate, and appeals against such determinations; and

  • the application (with or without modifications) of those sections of the Prison Act 1952 dealing with offences by persons other than prisoners, and those sections of the Criminal Justice Act 1961 dealing with the harbouring of escaped prisoners.

585.Subsection (3) provides that the rules may confer on any person a power to use reasonable force where necessary for the purpose of searching a service custody establishment or a person in service custody, and a power to seize and detain unauthorised property.

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