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The Air Force Custody Rules 2000

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Notification that accused has been arrested and taken into custody

10.—(1) Subject to paragraph (3), where the accused is arrested under subsection (1) or subsection (3) of section 75K of the Act and taken into custody, the commanding officer, or someone acting on his behalf, shall as soon as practicable—

(a)notify the relevant court administration officer of that fact and the necessary information; and

(b)inform the accused in writing that he shall be brought before a judicial officer as soon as practicable and, if the accused has been arrested under section 75K(1) of the Act, the information specified under paragraph (2)(f).

(2) The necessary information to be notified under paragraph (1)(a) is:

(a)the name, rank, appointment and location of the commanding officer;

(b)the name, date of birth and location of the accused and, where applicable, his rank, service number and unit;

(c)the name and address of the accused’s legal adviser, if known;

(d)the charge;

(e)the date and time that the accused was arrested pursuant to the order or direction; and

(f)if the arrest is made under section 75K(1) of the Act, the commanding officer’s reasons for believing that the keeping of the accused in custody is justified.

(3) Paragraph (1) shall not apply—

(a)in relation to an arrest under section 75K(1) of the Act, where the arrest takes place in circumstances falling within rule 2(5);

(b)in relation to an arrest under section 75K(3) of the Act, where the accused is already before the judge advocate when the arrest is made.

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