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SCHEDULE 4Application of Part 1 of 2016 Act in relation to service offences etc.

Arrest under warrant of judge advocate

2.—(1) The following provisions of Part 1 of the 2016 Act apply where a person is arrested by a constable under a warrant under section 313 of the Armed Forces Act 2006 (warrant of judge advocate for arrest for service offence).

(2) Section 3 (information to be given on arrest) applies with the following modifications—

(a)in paragraph (d) omit “other than to give the information specified in section 34(4),”;

(b)after paragraph (d) add—

(da)of the person’s right to have intimation sent under section 38;;

(c)omit paragraph (e)(ii).

(3) Section 5 (information to be given at police station) applies with the following modifications—

(a)in subsection (1)(b) omit “in accordance with section 4”;

(b)in subsection (2)(a) omit “other than to give the information specified in section 34(4),”;

(c)in subsection (2)(b) omit “and to have access” and sub-paragraphs (ii) and (iv).

(4) In section 6 (information to be recorded by police)—

(a)subsection (1) applies;

(b)subsection (2) applies, but omitting paragraphs (a) and (c).

(5) Section 38 (right to have intimation sent to other person) applies.

(6) Section 39 (right to have intimation sent: under 18s) applies with the following modifications—

(a)omit subsections (2), (3) and (4)(b);

(b)in subsection (6), in paragraph (a) omit from “and agrees to attend” to the end, and at the end of paragraph (b) add—

, or

(c)the person is transferred to service custody..

(7) Section 41 (social work involvement in relation to under 18s) applies with the following modifications—

(a)in subsection (4) omit “and 40”;

(b)in subsection (7) for “to 40” substitute “and 39”.

(8) Section 42 (support for vulnerable persons) applies.

(9) Section 43 (right to have intimation sent to a solicitor) applies, omitting subsection (1)(c) and (d).

(10) Section 45 (use of reasonable force) applies.

(11) Section 46 (common law power of entry) applies.

(12) Section 50 (duty not to detain unnecessarily) applies.

(13) Section 51 (duty to consider child’s wellbeing) applies, omitting subsection (1)(a), (c) and (d).

(14) Section 52 (duties in relation to children in custody) applies.