Commentary First Group of Parts – Discipline Part 4 – Custody Section 101: Extension by judge advocate of custody without charge
221.This section (together with section 102) is concerned with the extension of periods of custody without charge by a judge advocate.
222.The CO of an arrested person who is held in custody without charge may apply to a judge advocate for an extension of the period of custody. The judge advocate may then authorise continued custody without charge if he is satisfied that there are reasonable grounds for believing that keeping the arrested person in custody is necessary to secure or preserve or obtain evidence relating to a service offence for which the person was arrested and the investigation is being conducted diligently and expeditiously. Any authorisation for continued custody may only be for a period up to 96 hours after the original arrest, regardless of whether there was a subsequent arrest for another offence.
223.There are limitations upon a judge advocate hearing an application for extended custody: the arrested person must have been informed of the reasons for the application in writing and he must be brought before the judge advocate. The arrested person is entitled to legal representation at the hearing and if he is not legally represented but wants to be, the judge advocate must adjourn the hearing to allow the arrested person to get legal representation (he may be kept in custody during this time).