Armed Forces Discipline Act 1971

Arrest and search

93: Detention in civil custody of arrested persons

You could also call this:

"What happens if you're arrested and held by the police or army"

Illustration for Armed Forces Discipline Act 1971

If you are arrested by a constable, you can be held at a Police station or another place where people are kept in custody. You will be held for as long as it takes to hand you over to the right people. If you are in service custody and are charged with an offence, the prison manager or person in charge of the Police station must take you into their custody if they get a written order from your commanding officer. You can be held for up to 7 days. These rules also apply to people who are arrested under certain sections of the Act, such as section 89A or section 92A, and to members of visiting forces or their dependants who are charged with an offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403048.

This page was last updated on 1 January 2026 — View changes

Topics:

Crime and justice > Police and safetyCrime and justice > Courts and legal help

92A: Arrest of deserters from other armed forces, or

"Arresting someone who ran away from another country's army"

93A: Detention in service custody of person charged by civil authority, or

"Being held by the military while waiting for trial for a crime"

Part 4Arrest and search

93Detention in civil custody of arrested persons

Notwithstanding anything to the contrary in sections 89, 89A, 91, 92, and 92A, where a constable arrests any person in accordance with any of those sections, he may detain the arrested person at a Police station, or some other place provided for the holding of persons in custody, for such period, but no longer, as may be reasonably necessary to enable the arrested person to be delivered into service custody or, if the arrested person is one to whom section 91 relates, to the officer in charge of the place where he was imprisoned or detained before he escaped or was temporarily released.
Where a person is in service custody when charged with, or with a view to his being charged with, an offence against this Act, it shall be the duty of the prison manager of a prison, or of the person having charge of any Police station or other place in which prisoners may be lawfully detained, upon delivery to him of a written order purporting to be signed by the commanding officer of the person in custody, to receive that person into his custody for a period not exceeding 7 days.
The provisions of subsection (1), with the necessary modifications, apply to any person arrested under section 89A or section 92A.
The provisions of subsection (2), with the necessary modifications, apply to a member of a visiting force, a member of its civilian component, or a dependant who is in the custody of a visiting force when charged with, or with a view to being charged with, an offence against the service law of the sending State.

Notes

Section 93(1): amended, on 1 July 2004, by section 26 of the Visiting Forces Act 2004 (2004 No 59).
Section 93(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 93(2): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).
Section 93(3): added, on 1 July 2004, by section 26 of the Visiting Forces Act 2004 (2004 No 59).
Section 93(4): added, on 1 July 2004, by section 26 of the Visiting Forces Act 2004 (2004 No 59).