Part 4

Custody
Chapter 1

Custody without Charge

Review of custody by commanding officer
100
1
The commanding officer of a person kept in service custody in accordance with section 99 must, subject to subsections (3) and (4), review the keeping of that person in service custody not later than the end of the period for which it is authorised.
2
Subsections (4) and (5) of section 99 apply on each review under this section as they apply where a report is received under section 99(1).
3
A review may be postponed if, having regard to all the circumstances prevailing at the expiry of the last authorisation under section 99(4), it is not practicable to carry out the review at that time.
4
A review may also be postponed if at the expiry of the last authorisation under section 99(4)—
a
the person in service custody is being questioned and the commanding officer is satisfied that an interruption of the questioning for the purpose of carrying out the review would prejudice the investigation in connection with which the person is being questioned; or
b
the commanding officer is not readily available.
5
Subsection (4) does not limit the power to postpone under subsection (3).
6
If a review is postponed under subsection (3) or (4)—
a
it must be carried out as soon as practicable after the expiry of the last authorisation under section 99(4); and
b
the keeping in service custody of the person to whom the review relates is by virtue of this paragraph authorised until that time.
S. 100 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
Pt. 4 modified by 1968 c. 20, s. 20(1G)(1H) (as substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 21(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)
S. 100 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
Ss. 98-102 applied (1.8.2013) by The Armed Forces (Retrial for Serious Offences) Order 2013 (S.I. 2013/1852), arts. 1, 6(7)(c) (with art. 3)
Pt. 4 modified (1.8.2013) by The Armed Forces (Retrial for Serious Offences) Order 2013 (S.I. 2013/1852), arts. 1, 25(3)(4) (with art. 3)
Pt. 4 applied (with modifications) (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 3