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Armed Forces Act 2006

Armed Forces Act 2006

2006 CHAPTER 52

Commentary

First Group of Parts – Discipline

Part 4 – Custody
Chapter 1 – Custody without charge
Section 100: Review of custody by commanding officer

218.This section sets out the duties of a CO who, under section 99, has authorised the continued custody without charge of a person arrested for a service offence.

219.Unless certain conditions exist a CO must review the authorisation for continued custody no later than the end of each period of custody that he has authorised. When conducting such reviews the CO is under a duty to reconsider whether the original grounds for authorising custody without charge remain operative.

220.The section also provides for the limited circumstances in which a review may be postponed. If a review is postponed the CO is under a duty to carry out the review as soon as practicable after the expiry of the last authorised period of custody.

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