Part 3

Powers of Arrest, Search and Entry
Chapter 1

Arrest etc

Powers of arrest

Section 67: supplementary
68
1
In section 67(2)(a) the reference to being engaged in a mutiny is a reference to committing an offence under section 6.
2
For the purposes of section 67(3), a person who—
a
is suspected of having committed a service offence while a member of Her Majesty's forces, and
b
is not a member of Her Majesty's forces or a civilian subject to service discipline,
is to be treated in relation to the offence as being of the rank or rate which he held when he was last a member of Her Majesty's forces.
3
For the purposes of section 67(4), a person who—
a
is suspected of having committed a service offence while a civilian subject to service discipline, and
b
is not a member of Her Majesty's forces or a civilian subject to service discipline,
is to be treated in relation to the offence as if he were a civilian subject to service discipline.
4
Where a person may be charged (within the meaning of section 61(1)) with an offence only with the consent of the Attorney General (see section 61(2)), section 67(1) has effect in relation to the offence as if for the words from “in accordance with” to the end there were substituted “ by a service policeman ”
(and as if section 67(2) to (5) were omitted).
S. 68 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)
S. 68 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
Pt. 3 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