House of Commons portcullis
House of Commons
Session 1999-2000
Internet Publications
Other Bills before Parliament
Arrangement of Clauses (Contents)

Armed Forces Discipline Bill
 
Custody without charge: supplementary.     75E. - (1) The Defence Council may by regulations make provision with respect to-
 
 
    (a) the delegation by the commanding officer of a person in air-force custody of any of the commanding officer's functions under sections 75 to 75C of this Act;
 
    (b) circumstances in which a person kept in air-force custody without being charged is to be informed of, or given an opportunity to make representations about, any matter;
 
    (c) the keeping of written records relating to compliance with any requirement of sections 75 to 75C of this Act or of regulations under paragraph (b) above.
      (2) Any reference in sections 75A to 75C of this Act to a period of time is to be treated as approximate only."
 
      (3) After section 47 of the 1957 Act there is inserted-
 

"Custody
Limitations on custody without charge.     47A. - (1) A person arrested under section 45 of this Act shall not be kept in naval custody without being charged except in accordance with sections 47B to 47D of this Act.
 
      (2) If at any time the commanding officer of a person who is kept in naval custody without being charged-
 
 
    (a) becomes aware that the grounds for keeping that person in naval custody have ceased to apply; and
 
    (b) is not aware of any other grounds on which continuing to keep that person in naval custody could be justified under the provisions of this Act,
  it shall be the duty of the commanding officer, subject to subsection (3) below, to order his immediate release from naval custody.
 
      (3) A person who appears to his commanding officer to have been unlawfully at large when he was arrested is not to be released under subsection (2) above.
 
      (4) For the purposes of this section and sections 47B to 47L of this Act a person is to be treated as charged with an offence when he is informed in accordance with regulations of the Defence Council that a charge is to be reported to his commanding officer under section 52B(1) of this Act.
 
Authorisation of custody without charge.     47B. - (1) Where a person is arrested under section 45 of this Act-
 
 
    (a) the arrest, and
 
    (b) any grounds on which he is being kept in naval custody without being charged,
  shall be reported as soon as practicable to his commanding officer.
 
      (2) Until such a report is made, the person may be kept in naval custody without being charged, but only if the person who made the arrest has reasonable grounds for believing that keeping him in naval custody without charge is necessary-
 
 
    (a) to secure or preserve evidence relating to an offence for which he is under arrest, or
 
    (b) to obtain such evidence by questioning him.
      (3) After receiving a report under subsection (1) above the commanding officer shall as soon as practicable determine-
 
 
    (a) whether the requirements of subsection (4) below are satisfied, and
 
    (b) if so, whether to exercise his powers under that subsection;
  and the person to whom the report relates may be kept in naval custody for such period as is necessary to enable the commanding officer to make that determination.
 
      (4) If in relation to the person to whom the report relates the commanding officer has reasonable grounds for believing-
 
 
    (a) that keeping him in naval custody without being charged is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him, and
 
    (b) that the investigation is being conducted diligently and expeditiously,
  he may authorise the keeping of that person in naval custody.
 
      (5) An authorisation under subsection (4) above-
 
 
    (a) if given less than 12 hours after the relevant time, shall end not more than 12 hours after the relevant time;
 
    (b) if given not less than 12 but less than 36 hours after the relevant time, shall end not more than 36 hours after the relevant time;
 
    (c) if given not less than 36 but less than 48 hours after the relevant time, shall end not more than 48 hours after the relevant time.
      (6) A person shall not be kept in naval custody later than 48 hours after the relevant time without being charged except in accordance with section 47D of this Act.
 
      (7) In this Act "the relevant time" in relation to a person arrested under section 45 of this Act means the time of the arrest.
 
Review of custody by commanding officer.     47C. - (1) The commanding officer of a person kept in naval custody in accordance with section 47B of this Act shall, subject to subsection (3) below, review the keeping of that person in naval custody not later than the end of the period for which it is authorised.
 
      (2) Subsections (4) and (5) of section 47B of this Act shall apply on each review under this section as they apply where a report is received under subsection (1) of that section.
 
      (3) A review may be postponed-
 
 
    (a) if, having regard to all the circumstances prevailing at the expiry of the last authorisation under subsection (4) of that section, it is not practicable to carry out the review at that time;
 
    (b) without prejudice to the generality of paragraph (a) above-
 
      (i) if at that time the person in naval custody is being questioned and the commanding officer is satisfied that an interruption of the questioning for the purpose of carrying out the review would prejudice the investigation in connection with which he is being questioned; or
 
      (ii) if at that time the commanding officer is not readily available.
      (4) If a review is postponed under subsection (3) above-
 
 
    (a) it shall be carried out as soon as practicable after the expiry of the last authorisation under section 47B(4) of this Act, and
 
    (b) the keeping in naval custody of the person to whom the review relates shall by virtue of this paragraph be authorised until that time.
Extension of custody without charge.     47D. - (1) If, on an application by the commanding officer of a person arrested under section 45 of this Act, a judicial officer is satisfied that there are reasonable grounds for believing that the continued keeping of that person in naval custody is justified, the judicial officer may by order authorise the keeping of that person in naval custody.
 
      (2) A judicial officer may not hear an application under this section unless the person to whom it relates-
 
 
    (a) has been informed in writing of the grounds for the application, and
 
    (b) has been brought before him for the hearing.
      (3) The person to whom the application relates shall be entitled to be legally represented at the hearing and, if he is not so represented but wishes to be so represented-
 
 
    (a) the judicial officer shall adjourn the hearing to enable him to obtain representation, and
 
    (b) he may be kept in naval custody during the adjournment.
      (4) For the purposes of this section, the continued keeping of a person in naval custody is justified only if-
 
 
    (a) keeping him in custody without charge is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him, and
 
    (b) the investigation is being conducted diligently and expeditiously.
      (5) Subject to subsection (7) below, an application under this section may be made-
 
 
    (a) at any time before the end of 48 hours after the relevant time; or
 
    (b) if it is not practicable for the application to be heard at the expiry of that period, as soon as practicable thereafter but not more than 96 hours after the relevant time.
      (6) Where subsection (5)(b) above applies, an authorisation on a review under section 47C of this Act may be for a period ending more than 48 hours after the relevant time, but may not be-
 
 
    (a) for a period of more than six hours, or
 
    (b) for a period ending more than 96 hours after the relevant time.
      (7) If-
 
 
    (a) an application under this section is made more than 48 hours after the relevant time, and
 
    (b) it appears to the judicial officer that it would have been reasonable for the commanding officer to make the application before the end of that period,
  the judicial officer shall refuse the application.
 
      (8) Where on an application under this section relating to any person the judicial officer is not satisfied that there are reasonable grounds for believing that continuing to keep that person in naval custody is justified, he shall-
 
 
    (a) refuse the application, or
 
    (b) adjourn the hearing of it until a time not later than 48 hours after the relevant time.
      (9) The person to whom the application relates may be kept in naval custody during the adjournment.
 
      (10) The period for which a judicial officer, on an application under this section, may authorise the keeping of a person in naval custody shall be such period, ending not more than 96 hours after the relevant time, as he thinks fit having regard to the evidence before him.
 
      (11) Where a judicial officer refuses an application under this section at any time less than 48 hours after the relevant time, he may direct that the person to whom it relates forthwith be charged or released from naval custody.
 
      (12) Where a judicial officer refuses an application under this section at any later time, he shall direct that the person to whom it relates forthwith be charged or released from naval custody.
 
 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2000
Prepared 25 January 2000