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The Armed Forces (Court Martial) Rules 2009

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This is the original version (as it was originally made).

Warrant for offender’s arrest

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135.—(1) This rule applies where the Judge Advocate General issues a warrant for the offender’s arrest.

(2) The warrant shall be addressed to—

(a)one or more service policemen; or

(b)one or more officers of a civilian police force.

(3) The warrant may not be addressed to a service policeman unless the offender is subject to service law or is a civilian subject to service discipline.

(4) The warrant shall state the relevant facts.

(5) Where the warrant is addressed to an officer of a civilian police force, it shall state that the offender must be transferred to service custody as soon as is practicable after arrest.

(6) Where the offender is arrested under the warrant, or, if arrested by an officer of a civilian police force, is transferred to service custody—

(a)he must as soon as is practicable be brought before a judge advocate for a review of whether he should continue to be kept in service custody until he can be brought before the court;

(b)if he has not been brought before a judge advocate for such a review within 48 hours of the arrest he must be released;

(c)the court administration officer shall appoint a time and place for activation proceedings; and

(d)the offender shall be brought before the court at that time and place, unless he has been released from custody under rule 136(4).

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