Custody without charge: other cases
39.—(1) This article applies where immediately before commencement a person—
(a)was in military, air-force or naval custody having been delivered into that custody under—
(i)section 187(2) or (3), 188(2) or 190A(3) of AA 1955 or AFA 1955;
(ii)section 103(3), 108(2), 109(1) or (3) of NDA 1957; or
(iii)paragraph 4(2) or (3), 5(3) or 6(2) of Schedule 2 to RFA 1996; 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) Sections 98 to 102 of AFA 2006 (as modified by this Part) shall apply as if the person had been arrested under section 74 of AA 1955 or AFA 1955 or section 45 of NDA 1957 at the time he was delivered into military, air-force or naval custody.