Armed Forces Act 2006 Explanatory Notes

Armed Forces Act 2006

2006 CHAPTER 52

Commentary

First Group of Parts – Discipline

Part 13 – Discipline: Miscellaneous and Supplementary
Chapter 2 – Contempt of Court
Section 310: Power to detain before dealing with section 309 offence

613.Subsection (1) gives the court power to order that an offender under section 309 should be taken into service custody and detained there until the court rises.

614.Subsections (2) and (3) provide that if the court considers that it should not exercise its powers under section 309 without a further hearing, then in certain circumstances the offender may be detained for a further period, provided that his total period of detention does not exceed 48 hours in total.

615.Subsection (4) specifies criteria, one or more of which must be met if a person is to be held in service custody after the court rises.

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