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Armed Forces Act 2006

Changes over time for: Cross Heading: Powers of arrest

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Changes to legislation:

Armed Forces Act 2006, Cross Heading: Powers of arrest is up to date with all changes known to be in force on or before 07 December 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Part 3 Chapter 1 Crossheading Powers-of-arrest:

  • specified provision(s) transitional provisions for effects of commencing SI 2009/812 by S.I. 2009/1059 Order

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • Pt. 12A inserted by 2016 c. 21 s. 7
  • s. 50(2)(ca) inserted by 2011 c. 18 Sch. 4 para. 3(3) (This amendment not applied to legislation.gov.uk. Sch. 4 para. 3(3) repealed (8.3.2015) without ever being in force by 2014 c. 12, Sch. 11 para. 82(2); S.I. 2015/373, art. 2(g)(ii))
  • s. 270A 270B inserted by 2008 c. 4 Sch. 25 para. 27 (This amendment not applied to legislation.gov.uk. Sch. 25 para. 26(3)(4) repealed (2.4.2012) by 2011 c. 18, Sch. 3 para. 20(3), Sch. 5; S.I. 2012/669, art. 4(d)(f) (with art. 13))
  • s. 270B(6)(aa) inserted by 2009 c. 25 Sch. 17 para. 9(2) (This amendment not applied to legislation.gov.uk. Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))
  • s. 270B(10) word repealed by 2009 c. 25 Sch. 23 Pt. 5
  • s. 270B(10)(a) words inserted by 2009 c. 25 Sch. 17 para. 9(3)(a) (This amendment not applied to legislation.gov.uk. Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))
  • s. 270B(10)(b) words substituted by 2009 c. 25 Sch. 17 para. 9(3)(b) (This amendment not applied to legislation.gov.uk. Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))
  • s. 270B(10)(c)-(e) inserted by 2009 c. 25 Sch. 17 para. 9(3)(c) (This amendment not applied to legislation.gov.uk. Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))
  • s. 304B inserted by 2016 c. 21 s. 8
  • s. 304C inserted by 2016 c. 21 s. 9
  • s. 304D inserted by 2016 c. 21 s. 10
  • s. 304E inserted by 2016 c. 21 s. 11
  • s. 304F-304H inserted by 2016 c. 21 s. 12
  • Sch. 1 para. 14A inserted by 2019 c. 17 s. 67(2)
  • Sch. 1 para. 16A inserted by 2019 c. 17 s. 67(3)
  • Sch. 1 para. 21-24 inserted by 2019 c. 17 s. 67(4)
  • Sch. 2 para. 12(az) inserted by 2018 c. 5 Sch. 12 para. 28

Powers of arrestU.K.

67Power of arrest for service offenceU.K.

(1)A person who is reasonably suspected of being engaged in committing, or of having committed, a service offence may be arrested in accordance with subsection (2), (3), (4) or (5) by a person subject to service law.

(2)An officer may be arrested under subsection (1)—

(a)by an officer of superior rank or, if engaged in a mutiny, quarrel or disorder, by an officer of any rank;

(b)by a service policeman; or

[F1(c)by a person who is lawfully exercising authority on behalf of a provost officer, and who—

(i)is an officer; or

(ii)is acting on the order of an officer.]

(3)A person of or below the rank or rate of warrant officer may be arrested under subsection (1)—

(a)by an officer;

(b)by a warrant officer or non-commissioned officer of superior rank or rate;

(c)by a service policeman;

(d)by a person who is lawfully exercising authority on behalf of a provost officer; or

(e)if a member of a ship's company or an embarked force, by a person exercising authority as a member of the staff of the officer of the day.

(4)A civilian subject to service discipline may be arrested under subsection (1)—

(a)by an officer;

(b)by a service policeman; or

(c)by a person who is lawfully exercising authority on behalf of a provost officer.

(5)Where none of subsections (2) to (4) applies in relation to the person to be arrested, that person may be arrested under subsection (1) by a service policeman.

(6)The power of arrest conferred on any person by this section may be exercised—

(a)personally;

(b)by giving orders for the arrest of the person who is to be arrested; or

(c)where that person is subject to service law, by ordering him into arrest.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I1S. 67 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2S. 67 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

68Section 67: supplementaryU.K.

(1)In section 67(2)(a) the reference to being engaged in a mutiny is a reference to committing an offence under section 6.

(2)For the purposes of section 67(3), a person who—

(a)is suspected of having committed a service offence while a member of Her Majesty's forces, and

(b)is not a member of Her Majesty's forces or a civilian subject to service discipline,

is to be treated in relation to the offence as being of the rank or rate which he held when he was last a member of Her Majesty's forces.

(3)For the purposes of section 67(4), a person who—

(a)is suspected of having committed a service offence while a civilian subject to service discipline, and

(b)is not a member of Her Majesty's forces or a civilian subject to service discipline,

is to be treated in relation to the offence as if he were a civilian subject to service discipline.

(4)Where a person may be charged (within the meaning of section 61(1)) with an offence only with the consent of the Attorney General (see section 61(2)), section 67(1) has effect in relation to the offence as if for the words from “in accordance with” to the end there were substituted “ by a service policeman ” (and as if section 67(2) to (5) were omitted).

Commencement Information

I3S. 68 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I4S. 68 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

69Power of arrest in anticipation of commission of service offenceU.K.

(1)A service policeman may arrest a person whom he reasonably suspects of being about to commit a service offence.

(2)Subsection (6) of section 67 applies in relation to the power of arrest conferred by this section as it applies in relation to the power of arrest conferred by that section.

(3)Where a person is arrested under this section—

(a)the arrest must be reported as soon as practicable to his commanding officer; and

(b)he may be kept in service custody until such time as a service policeman is satisfied that the risk of his committing the service offence concerned has passed.

Commencement Information

I5S. 69 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I6S. 69 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

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