(1)The maximum term of detention that a commanding officer may award under row 1 of the Table in section 132 to an able rate, marine, soldier or airman is—
(a)90 days if the commanding officer has extended powers for the purposes of this subsection;
(b)otherwise, 28 days.
(2)A commanding officer may not award detention under row 1 of the Table in section 132 to a person of any of the following ranks—
(a)leading rate,
[F1(aa)corporal in the Royal Marines;]
(b)lance corporal or lance bombardier [F2in any of Her Majesty’s military forces],
(c)corporal in any of Her Majesty's air forces,
unless the commanding officer has extended powers for the purposes of this subsection; and the maximum term of detention that a commanding officer may (if he has those powers) award such a person is 90 days.
[F3(2A) In relation to the Royal Air Force Regiment, the reference in subsection (2)(c) to a corporal is to be read as a reference to a lance corporal.]
(3)A commanding officer has extended powers for the purposes of subsection (1) or (2) if he has, [F4within the relevant time (defined by section 135A)] —
(a)applied to higher authority for extended powers for the purposes of that subsection; and
(b)been notified by higher authority that his application has been granted.
(4)A commanding officer also has extended powers for the purposes of subsection (1) or (2) if he is of or above the rank of rear admiral, major-general or air vice-marshal.
Textual Amendments
F1S. 133(2)(aa) inserted (1.5.2022) by Armed Forces Act 2021 (c. 35), ss. 13(5)(a), 24(1); S.I. 2022/471, reg. 4(c) (with reg. 5)
F2Words in s. 133(2)(b) inserted (1.5.2022) by Armed Forces Act 2021 (c. 35), ss. 13(5)(b), 24(1); S.I. 2022/471, reg. 4(c) (with reg. 5)
F3S. 133(2A) inserted (1.5.2022) by Armed Forces Act 2021 (c. 35), ss. 13(6), 24(1); S.I. 2022/471, reg. 4(c) (with reg. 5)
F4Words in s. 133(3) substituted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 10; S.I. 2012/669, art. 4(d)
Commencement Information
I1S. 133 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. 133 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4