Section 111 Arrest during proceedings at direction of courtC1I1I2C2
Where—
a person has been arraigned before the Court Martial or the Service Civilian Court, and
proceedings before the court have not concluded,
a judge advocate, if satisfied that taking him into service custody is justified, may direct the arrest of that person.
Any person with power to arrest that person for a service offence has the same power, exercisable in the same way, to arrest him pursuant to a direction under subsection (1).
Subsections (2) and (3) of section 110 apply for the purposes of this section.
A person arrested under this section who is kept in service custody—
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
on that review is to be dealt with as on a review under section 108(1) (see sections 108(4) to (8) and 109).
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)
- C2
S. 111 modified (31.10.2009) by The Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209), art. 1, rule 28
- C3
S. 111(4) modified (31.10.2009) by The Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209), art. 1, rule 29
Commencement
- I1
S. 111 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. 111 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)