Commentary First Group of Parts – Discipline Part 4 – Custody Section 100: Review of custody by commanding officer
218.This section sets out the duties of a CO who, under section 99, has authorised the continued custody without charge of a person arrested for a service offence.
219.Unless certain conditions exist a CO must review the authorisation for continued custody no later than the end of each period of custody that he has authorised. When conducting such reviews the CO is under a duty to reconsider whether the original grounds for authorising custody without charge remain operative.
220.The section also provides for the limited circumstances in which a review may be postponed. If a review is postponed the CO is under a duty to carry out the review as soon as practicable after the expiry of the last authorised period of custody.