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Section 67 Power of arrest for service offenceI1I2C1

United Kingdom

(1)

A person who is reasonably suspected of being engaged in committing, or of having committed, a service offence may be arrested in accordance with subsection (2), (3), (4) or (5) by a person subject to service law.

(2)

An officer may be arrested under subsection (1)—

(a)

by an officer of superior rank or, if engaged in a mutiny, quarrel or disorder, by an officer of any rank;

(b)

by a service policeman; or

(c)

F1by a person who is lawfully exercising authority on behalf of a provost officer, and who—

(i)

is an officer; or

(ii)

is acting on the order of an officer.

(3)

A person of or below the rank or rate of warrant officer may be arrested under subsection (1)—

(a)

by an officer;

(b)

by a warrant officer or non-commissioned officer of superior rank or rate;

(c)

by a service policeman;

(d)

by a person who is lawfully exercising authority on behalf of a provost officer; or

(e)

if a member of a ship's company or an embarked force, by a person exercising authority as a member of the staff of the officer of the day.

(4)

A civilian subject to service discipline may be arrested under subsection (1)—

(a)

by an officer;

(b)

by a service policeman; or

(c)

by a person who is lawfully exercising authority on behalf of a provost officer.

(5)

Where none of subsections (2) to (4) applies in relation to the person to be arrested, that person may be arrested under subsection (1) by a service policeman.

(6)

The power of arrest conferred on any person by this section may be exercised—

(a)

personally;

(b)

by giving orders for the arrest of the person who is to be arrested; or

(c)

where that person is subject to service law, by ordering him into arrest.

Annotations

Textual amendments

F1

S. 67(2)(c) substituted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 2; S.I. 2012/669, art. 4(d)

Modifications

C1

S. 67 modified (31.10.2009) by The Armed Forces (Naval Chaplains) Regulations 2009 (S.I. 2009/826), regs. 1, 4(3) (with reg. 2(c))

Commencement

I1

S. 67 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. 67 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4