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Paragraph 6

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The powers of arrest conferred by section 186(1) to (3) of the Army Act 1955 (“the 1955 Act”) shall in the United Kingdom be exercisable in relation to a member of a visiting force or a military member of a headquarters detained in pursuance of this Schedule, where that person is at large in circumstances in which those powers would be exercisable in relation to him if he were a member of the regular forces (within the meaning of section 225(1) of the 1955 Act).

(2)

Where a member of a visiting force or a military member of a headquarters who has been detained in pursuance of this Schedule is at large in circumstances in which the powers of arrest under section 186 of that Act would be exercisable in relation to him if he were a member of the regular forces (within the meaning of section 225(1) of the 1955 Act), section 188 of the 1955 Act shall apply to him as it applies to a member of the regular forces who is illegally absent therefrom.

(3)

Subject to sub-paragraph (4), sections 186(4), 187 and 190 shall apply to a person arrested in pursuance of sub-paragraph (1), and a person to whom section 188 of the 1955 Act applies by virtue of sub-paragraph (2).

(4)

Sections 187 and 190 shall have effect in relation to a person to whom sub-paragraph (3) applies subject to the following modifications—

(a)

in section 187(1), the reference to a person alleged to be an officer, warrant officer, non-commissioned officer or soldier of the regular forces who is absent without leave shall include a reference to a person who is alleged to be a member of a visiting force or a military member of a headquarters detained in pursuance of this Schedule;

(b)

in sections 187(2) and 190(1), the words “from the regular forces” shall be omitted;

(c)

in section 187(3), for the words from “and if satisfied” to “absence without leave” there shall be substituted “and if satisfied that he is a person authorised to be detained in pursuance of Schedule 8 to the Visiting Forces and International Headquarters (Application of Law) Order 1999”;

(d)

there shall be substituted for section 187(4A)—

“(4A)

For the purposes of any proceedings under this section, a certificate which states that a person is authorised to be detained in pursuance of Schedule 8 to the Visiting Forces and International Headquarters (Application of Law) Order 1999, and purports to be signed by an officer of any of Her Majesty’s forces, shall be evidence of the matters so stated.”; and

(e)

in sections 187 and 190, any reference to military custody shall include a reference to naval or air-force custody.