The Armed Forces (Custody Proceedings) Rules 2009

Notification that accused has been arrested and taken into custody after charge

26.—(1) Subject to paragraph (3), where a person (“the accused”) is arrested under section 110(1) or 111(1) and kept in custody, the accused’s commanding officer, or someone acting on his behalf, shall as soon as practicable—

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

(b) inform the accused in writing that he is to be brought before a judge advocate as soon as practicable and, if the accused has been arrested under section 110(1), the information specified in 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 or rate, service number and unit;

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

(d) the charge or charges;

(e) the date, time and place of the arrest; and

(f) if the arrest is made under section 110(1), the commanding officer’s reasons for believing that the keeping of the accused in custody is justified.

(3) Paragraph (1) shall not apply where the accused is already before a judge advocate when the arrest is made.

(4) On receipt of notification under paragraph (1)(a), the court administration officer shall arrange a hearing as soon as reasonably practicable.