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Section 110 Arrest after charge or during proceedings by order of commanding officerC1I1I2

(1)

The commanding officer of a person who—

(a)

has been charged with, or is awaiting sentence for, a service offence, and

(b)

is not in service custody,

may, if satisfied that taking that person into service custody is justified, give orders for his arrest.

(2)

For the purposes of this section, taking a person into service custody is justified if there are reasonable grounds for suspecting that, if not taken into service custody, he would—

(a)

fail to attend any hearing in the proceedings against him;

(b)

commit an offence; or

(c)

interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person.

(3)

Taking a person into service custody is also justified for the purposes of this section if—

(a)

he has failed to attend any hearing in the proceedings against him;

(b)

there are reasonable grounds for suspecting that he should be taken into service custody for his own protection or, if he is aged under 17, for his own welfare or in his own interests; or

(c)

there are reasonable grounds for suspecting that—

(i)

if not taken into service custody, he would fail to comply with a requirement imposed under section 107(3); or

(ii)

he has failed to comply with such a requirement.

(4)

A person arrested under subsection (1) who is kept in service custody—

(a)

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; and

(b)

on that review is to be dealt with as on a review under section 108(1) (see sections 108(4) to (8) and 109).

(5)

Where a power of arrest is conferred on any person by virtue of this section, he may use reasonable force, if necessary, in the exercise of the power.

Annotations

Modifications

C1

Pt. 4 modified by 1968 c. 20, s. 20(1G)(1H) (as substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 21(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)

Commencement

I1

S. 110 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2

S. 110 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Notes on the whole Act

Textual amendments

F1

Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)