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Section 133 Detention: limits on powersI1I2

United Kingdom

(1)

The maximum term of detention that a commanding officer may award under row 1 of the Table in section 132 to an able rate, marine, soldier or airman is—

(a)

90 days if the commanding officer has extended powers for the purposes of this subsection;

(b)

otherwise, 28 days.

(2)

A commanding officer may not award detention under row 1 of the Table in section 132 to a person of any of the following ranks—

(a)

leading rate,

(aa)

F1corporal in the Royal Marines;

(b)

lance corporal or lance bombardier F2in any of Her Majesty’s military forces,

(c)

corporal in any of Her Majesty's air forces,

unless the commanding officer has extended powers for the purposes of this subsection; and the maximum term of detention that a commanding officer may (if he has those powers) award such a person is 90 days.

(2A)

F3 In relation to the Royal Air Force Regiment, the reference in subsection (2)(c) to a corporal is to be read as a reference to a lance corporal.

(3)

A commanding officer has extended powers for the purposes of subsection (1) or (2) if he has, F4within the relevant time (defined by section 135A) —

(a)

applied to higher authority for extended powers for the purposes of that subsection; and

(b)

been notified by higher authority that his application has been granted.

(4)

A commanding officer also has extended powers for the purposes of subsection (1) or (2) if he is of or above the rank of rear admiral, major-general or air vice-marshal.

Annotations

Textual amendments

F1

S. 133(2)(aa) inserted (1.5.2022) by Armed Forces Act 2021 (c. 35), ss. 13(5)(a), 24(1); S.I. 2022/471, reg. 4(c) (with reg. 5)

F2

Words in s. 133(2)(b) inserted (1.5.2022) by Armed Forces Act 2021 (c. 35), ss. 13(5)(b), 24(1); S.I. 2022/471, reg. 4(c) (with reg. 5)

F3

S. 133(2A) inserted (1.5.2022) by Armed Forces Act 2021 (c. 35), ss. 13(6), 24(1); S.I. 2022/471, reg. 4(c) (with reg. 5)

F4

Words in s. 133(3) substituted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 10; S.I. 2012/669, art. 4(d)

Commencement

I1

S. 133 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. 133 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)