Explanatory Notes

Armed Forces Act 2006

2006 CHAPTER 52

8 November 2006

Commentary

First Group of Parts – Discipline

Part 13 – Discipline: Miscellaneous and Supplementary
Chapter 3 – Arrest and Detention by Civil Authorities
Arrest etc for desertion or absence without leave
Section 317: Warrant for the arrest of persons released under section 315(4)(c) or 316(3)(a)(ii)

628.When a suspect is released from custody subject to conditions under section 315(4)(c) or section 316(3)(a)(ii) and he fails to meet those conditions, a warrant may be issued for his arrest. Such warrants may be issued by a judge advocate, and if the release was authorised by a civilian court, by a person authorised to issue warrants by that court. A person arrested pursuant to these provisions must be transferred to service custody as soon as practicable. This section also provides that the Secretary of State may make rules by statutory instrument which set out the practice and procedure with respect to the issue of arrest warrants by judge advocates under this section.