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Armed Forces Act 2006

Section 98: Limitations on custody without charge

212.This provision states the general principle that a person who is arrested for a service offence may not be kept in custody without charge except in accordance with the provisions of sections 99 to 102.

213.The section sets out the duties of a CO in relation to a person who is held without charge under one of these exceptions: if the CO becomes aware that the grounds for keeping a person in custody have ceased to apply and he is not aware of any other grounds that justify the custody, he must release the arrested person. The only time when the CO does not have to release the arrested person is if he appeared to have been unlawfully at large when he was arrested.

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