Article 141 Breach of requirements: arrest under warrant

(1)

This rule applies where the Judge Advocate General issues a warrant under paragraph 8 of Schedule 8 to the 2003 Act for the offender’s arrest.

(2)

The warrant shall be addressed to—

(a)

one or more service policemen; or

(b)

one or more officers of a civilian police force.

(3)

The warrant may not be addressed to a service policeman unless the offender is a civilian subject to service discipline.

(4)

The warrant shall state the matters mentioned in rule 140(1)(a) and (b).

(5)

Where the warrant is addressed to an officer of a civilian police force, it shall state that the offender must be transferred to service custody as soon as practicable after arrest.

(6)

Where the offender is arrested under the warrant, or, if arrested by an officer of a civilian police force, is transferred to service custody—

(a)

he 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 until he can be brought before the court; and

(b)

if he has not been brought before a judge advocate for such a review within 48 hours of the arrest he must be released.

(7)

Rule 136 (review of custody) applies in relation to an offender brought before a judge advocate under paragraph (6) as it applies in relation to an offender brought before a judge advocate under rule 135(6).

(8)

Where the offender has been arrested under a warrant—

(a)

the court administration officer shall appoint a time and place for proceedings under paragraph 10 of Schedule 8 to the 2003 Act; and

(b)

the offender shall be brought before the court at that time and place, unless he has been released from custody under rule 136(4).