Part 4Arrest and search
101Delay in dealing with person after arrest
Where any person has been committed to service custody, the person who committed him shall cause to be delivered at the time of the committal, or, if it is not practicable to do so at that time, not later than 24 hours afterwards, to the person to whose custody the arrested person has been committed a report signed by himself stating the offence that the arrested person is alleged to have committed.
The person to whose custody any such arrested person is committed shall, as soon as practicable after the time of committal, or, if it is not practicable to do so at that time, not later than 24 hours afterwards, notify in writing to the officer to whom it is his duty to report—
- so far as may be known to him,—
- the name of the arrested person and the offence that he is alleged to have committed; and
- the name and the rank or other description of the person who is making the allegation; and
- the name of the arrested person and the offence that he is alleged to have committed; and
- if he has received it, the report required by subsection (1).
Where a person subject to this Act has been placed under arrest in respect of any alleged offence, his commanding officer shall, within 48 hours after the arrest, unless it is impracticable to do so, ensure either—
- that proceedings for the hearing and determination of the allegation are set in motion; or
- that he is released from arrest.
If any person subject to this Act remains in service custody after the expiration of 4 days from the date of his or her arrest without the alleged offence being referred to the Director of Military Prosecutions for trial by the Court Martial or without him or her being tried summarily, or otherwise dealt with, under Part 5, his or her commanding officer must make a report in writing to the Judge Advocate General stating the reasons for the delay.
The commanding officer must make a report in writing to the Judge Advocate General stating the reasons for the delay at the conclusion of each subsequent period of 8 days, if the person is still held in service custody without the alleged offence being referred to the Director of Military Prosecutions for trial by the Court Martial or without him or her being tried summarily, or otherwise dealt with, under Part 5.
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Repealed -
Repealed
Notes
- Section 101(4): substituted, on , by section 34 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 101(5): substituted, on , by section 34 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 101(6): repealed, on , by section 34 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
- Section 101(7): repealed, on , by section 34 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).


