The Armed Forces (Custody Without Charge) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 104 of the Armed Forces Act 2006 (“the Act”) allows the delegation of a commanding officer’s functions under sections 98 to 102 of the Act in relation to custody without charge.

Regulation 3 allows a commanding officer to delegate his functions to an officer under his command or a service policeman not below the rank of naval lieutenant, military or marine captain or flight lieutenant, or, exceptionally, to a service policeman of any rank or rate, except that the delegation cannot be made to the arresting officer. Regulation 4 allows the commanding officer to impose restrictions on how those delegated powers should be exercised, taking into account the rank or rate and experience of the delegated officer. Regulation 5 places the delegated person under a duty to report to his commanding officer the exercise of delegated powers.

Regulation 6 provides for a person in custody to be given information about the offence for which he is kept in custody, including: the date, location and time of any arrest; the grounds for retaining him in custody under section 99(4) of the Act; and, the period of custody that has been authorised. This regulation also ensures that the person is informed that he may request assistance in making representations about his retention in custody. Part 4 details the qualifications of an assisting officer and how a representation should be dealt with.

Part 5 provides for the making and retention of records relating to custody without charge.