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The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009
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Limitations on custody without charge of person arrested before commencement
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35.—(1) In section 98(1) of AFA 2006 (limitations on custody without charge), the reference to a person arrested under section 67 includes a person who immediately before commencement—
(a)was in military, air-force or naval custody having been arrested under section 74 of AA 1955 or AFA 1955 or section 45 of NDA 1957; and
(b)had not been charged with an offence, within the meaning given by section 75(4) of AA 1955 or AFA 1955 or section 47A(4) of NDA 1957.
(2) Section 119(5) of AA 1955 and AFA 1955 (provision corresponding to section 301(4) of AFA 2006) apply for the purposes of section 98 of AFA 2006.
(3) Section 88(2) of NDA 1957 (provision corresponding to section 301(4) of AFA 2006) applies for the purposes of section 98 of AFA 2006, but as if—
(a)the reference to civil custody were omitted; and
(b)in the definition of “the appropriate rules” in section 88(3) of NDA 1957, paragraph (c) were omitted.
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