{
  "url": "https://openlegislation.uk/armed-forces-act-2006-transitional-provisions-etc-order-2009/article-37",
  "json_url": "https://openlegislation.uk/armed-forces-act-2006-transitional-provisions-etc-order-2009/article-37.json",
  "legislation": "uksi/2009/1059",
  "legislation_title": "The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009",
  "legislation_url": "https://openlegislation.uk/armed-forces-act-2006-transitional-provisions-etc-order-2009",
  "path": "article/37",
  "kind": "article",
  "number": "37",
  "heading": "Extension by judge advocate of custody without charge",
  "text": "(1) In section 101(1) of AFA 2006 (power to apply to judge advocate for extension of custody without charge), the reference to a person arrested under section 67 includes a person who immediately before commencement—\n(a) was in military, air-force or naval custody having been arrested under section 74 of AA 1955 or AFA 1955 or section 45 of NDA 1957; and\n(b) had not been charged with an offence, within the meaning given by section 75(4) of AA 1955 or AFA 1955 or section 47A(4) of NDA 1957.\n(2) Where, immediately before commencement, an order under section 75C(1) of AA 1955 or AFA 1955 or section 47D(1) of NDA 1957 (extension of custody without charge) has effect, the order—\n(a) is not affected by the coming into force of the repeal of sections 75C(1) and 47D(1); and\n(b) has effect after commencement as if the custody in which it authorised the person to whom it relates to be kept were service custody.\n(3) Paragraph (4) applies where, immediately before commencement—\n(a) an application has been made under section 75C(1) of AA 1955 or AFA 1955 or section 47D(1) of NDA 1957; and\n(b) the hearing stands adjourned under section 75C(3) or (8)(b) of AA 1955 or AFA 1955 or section 47D(3) or (8)(b) of NDA 1957.\n(4) The application has effect after commencement as an application under section 101(1) of AFA 2006.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/1059/article/37",
    "retrieved_at": "2026-10-29T03:12:50.439651+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}