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PART 1PRELIMINARY

Citation and commencement

1.  These Regulations may be cited as the Armed Forces (Custody Without Charge) Regulations 2009 and shall come into force on 31st October 2009.

Interpretation

2.—(1) In these Regulations—

“the Act” means the Armed Forces Act 2006;

“arresting officer” means—

(a)

a person who arrests a person under section 67;

(b)

a service policeman who arrests a person under section 69(1); or

(c)

the person who is responsible for receiving a person transferred into service custody under section 313(4), 315(4)(a) 316(3)(a)(i) or (b) or 317(4);

“assisting officer” has the meaning given in regulation 7;

“authorising officer” means the commanding officer or a person exercising functions delegated under regulation 3;

“civilian policeman” means a member of a UK or British overseas territory police force;

“custody” means service custody and is to be construed in accordance with sections 98 to 102;

“the relevant time” means—

(a)

in relation to a person arrested under section 67 or section 69(1) or arrested by a civilian policeman and subsequently transferred into custody under sections 313(4), 316(3) or 317(4), the time of the arrest; or

(b)

in relation to a person delivered into custody following surrender under section 315, the time of the surrender;

“service court” means the Court Martial, the Service Civilian Court or the Court Martial Appeal Court; and

“unit” means—

(a)

a naval ship or establishment;

(b)

any body of members of Her Majesty’s forces formed under the command of a person appointed to be the commanding officer of the body; or

(c)

an air force station.

(2) Any reference in these Regulations to a numbered section is to that section of the Act unless otherwise stated.