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Section 314 Arrest by civilian police of deserters and absentees without leaveI1C1I2

United Kingdom

(1)

F1A civilian policeman may arrest without a warrant a person (“a relevant suspect”) who is reasonably suspected of being a person subject to service law who has deserted or is absent without leave.

(2)

If an authorised person is satisfied by evidence given under oath or affirmation that a relevant suspect is or is reasonably suspected of being within his jurisdiction, he may issue a warrant for the arrest of the relevant suspect.

(3)

In subsection (2) “authorised person” means a person who has authority in a relevant territory to issue a warrant for the arrest of a person suspected of an offence.

(4)

A person arrested under this section must as soon as practicable be brought before a court of summary jurisdiction in the relevant territory in which he was arrested.

(4A)

F2In this section “civilian policeman” means an officer of a UK police force or British overseas territory police force, other than a force or body constituted in Gibraltar.

(5)

In this section “relevant territory” means—

(a)

England and Wales;

(b)

Scotland;

(c)

Northern Ireland;

(d)

the Isle of Man; or

(e)

a British overseas territory F3other than Gibraltar.

Annotations

Textual amendments

F1

Words in s. 314(1) substituted (12.5.2016) by Armed Forces Act 2016 (c. 21), s. 19(2)(b), Sch. para. 7(2)

F2

S. 314(4A) inserted (12.5.2016) by Armed Forces Act 2016 (c. 21), s. 19(2)(b), Sch. para. 7(3)

F3

Words in s. 314(5)(e) inserted (12.5.2016) by Armed Forces Act 2016 (c. 21), s. 19(2)(b), Sch. para. 7(4)

Modifications

C1

Ss. 314-317 applied (with modifications) by 1952 c. 67, s. 13 (as amended (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. 16 para. 18(2)(a) (with s. 385); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)

C2

S. 314(1)(2) extended by S.I. 1999/1736, Sch. 8 para. 6(1) (as amended) (31.10.2009) by The Armed Forces Act 2006 (Consequential Amendments) Order 2009 (S.I. 2009/2054), art. 1(2), Sch. 1 para. 21(6)(d)

C3

S. 314(4) extended by S.I. 1999/1736, Sch. 8 para. 6(3) (as amended) (31.10.2009) by The Armed Forces Act 2006 (Consequential Amendments) Order 2009 (S.I. 2009/2054), art. 1(2), Sch. 1 para. 21(6)(f)

Commencement

I1

S. 314 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. 314 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)