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Armed Forces Discipline Act 1971

Arrest and search

89: Arrest under warrant

You could also call this:

"When a soldier is arrested using a special paper called a warrant"

Illustration for Armed Forces Discipline Act 1971

If you are in the Armed Forces and your commanding officer thinks you have broken a rule, they can issue a warrant for your arrest. The warrant must say your name and what you are alleged to have done. A constable can arrest you if they have a warrant with your name on it, and then they will take you into service custody.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403033.

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88: Arrest without warrant, or

"Armed Forces members can be arrested without a warrant if they break a rule"

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Part 4Arrest and search

89Arrest under warrant

  1. Where the commanding officer of any person subject to this Act, or an officer superior in command to that officer, has reasonable grounds to suspect that that person has committed an offence against this Act, that commanding officer or officer superior in command, as the case may be, may issue a warrant for the arrest of that person.

  2. Every warrant issued under subsection (1) shall specify the name of the person to be arrested and the offence that he is alleged to have committed.

  3. A constable may, in the execution of a warrant issued under subsection (1), arrest the person named in it.

  4. On making any such arrest, the constable shall, as soon as practicable, deliver that person into service custody to be dealt with in accordance with this Act.

  5. Any such warrant may be addressed to all constables and shall be valid if it purports to be issued pursuant to this section.

  6. Any such warrant may be executed by a constable whether it has been delivered to him or not, and on any day of the week.

  7. The provisions of this section are in addition to those of sections 90 to 92.

Notes
  • Section 89(3): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
  • Section 89(4): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
  • Section 89(5): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
  • Section 89(6): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).