[F175K Arrest during proceedings.F2U.K.
(1)Except where subsection (3) below applies, the commanding officer of a person subject to military law (“the accused”) who—
(a)has been charged with, or is awaiting sentence for, an offence against any provision of this Part of this Act, and
(b)is not in military custody,
may, if satisfied that taking the accused into military custody is justified, give orders for his arrest.
(2)Subject to subsection (4) below, subsection (3) below applies between the commencement of the trial of the accused by court-martial and the announcement of the court-martial’s finding on the charge or every charge against the accused.
(3)Where this subsection applies, the judge advocate, if satisfied that taking the accused into military custody is justified, may direct the arrest of the accused; and any person with power to arrest the accused for an offence against a provision of this Act shall have the same power, exercisable in the same way, to arrest him pursuant to a direction under this subsection.
(4)Subsection (3) above shall cease to apply (but without prejudice to any direction already given by virtue of that subsection) if the court-martial is dissolved.
(5)For the purposes of this section, taking the accused into military custody is justified if there are substantial grounds for believing that, if not taken into military custody, he would—
(a)fail to attend any hearing in the proceedings against him,
(b)commit an offence,
(c)injure himself, or
(d)interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person.
(6)Taking the accused into military custody is also justified for the purposes of this section if—
(a)the accused is subject to military law only by virtue of section 131 of this Act, and
(b)he has failed to attend any hearing in the proceedings against him.
(7)A person arrested under subsection (1) above, if kept in military custody—
(a)shall be treated as being in military custody under an order under section 75F(2) of this Act, and
(b)shall be brought as soon as practicable before a judicial officer to be dealt with as on a review under section 75G(1) of this Act.
(8)A person arrested under subsection (3) above—
(a)shall be treated as being in military custody under an order under section 75F(2) of this Act, and
(b)shall be brought as soon as practicable before the judge advocate on whose direction the arrest was made (unless already before him), and shall be dealt with by him as on a review under section 75G(1) of this Act.]
Textual Amendments
F1S. 75K inserted (2.10.2000) by 2000 c. 4, s. 6(1); S.I. 2000/2366, art. 2
Modifications etc. (not altering text)
C1S. 75K(1)(7) modifed (2.10.2000) by S.I. 2000/2366, arts. 2, 3, Sch. para. 5
Textual Amendments applied to the whole legislation
F2Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2