Part 4

Custody
Chapter 1

Custody without Charge

Further provision about applications under section 101
102
1
Subject to subsection (2), an application under section 101 may be made—
a
at any time before the end of 48 hours after the arrest; or
b
if it is not practicable for the application to be heard before the end of that period, as soon as practicable thereafter but not more than 96 hours after the arrest.
2
Where subsection (1)(b) applies, an authorisation on a review under section 100 may be for a period ending more than 48 hours after the arrest, but may not be—
a
for a period of more than six hours; or
b
for a period ending more than 96 hours after the arrest.
3
If—
a
an application under section 101 is made more than 48 hours after the arrest, and
b
it appears to the judge advocate that it would have been reasonable for the commanding officer to make the application before the end of that period,
the judge advocate must refuse the application.
4
Where on an application under section 101 relating to any person the judge advocate is not satisfied that there are reasonable grounds for believing that the continued keeping of that person in service custody is justified, he must—
a
refuse the application; or
b
adjourn the hearing of it until a time not later than 48 hours after the arrest.
5
The person to whom the application relates may be kept in service custody during the adjournment.
6
Where a judge advocate refuses an application under section 101 at any time less than 48 hours after the arrest, he may direct that the person to whom it relates must, without delay, be charged with a service offence or released from service custody.
7
Where a judge advocate refuses an application under section 101 at any later time, he must direct that the person to whom it relates must, without delay, be charged with a service offence or released from service custody.
8
Where a person, while kept in service custody without being charged with a service offence, is arrested under section 67 for another service offence, any reference in this section to the arrest is to be read as a reference to the arrest for the service offence for which he was originally arrested.
S. 102 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. 102 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