Commentary First Group of Parts – Discipline Part 4 – Custody Section 111: Arrest during proceedings at direction of court
241.Where an accused who is not in custody has been arraigned before the Court Martial or SCC but the proceedings have not concluded and a judge advocate becomes satisfied that taking the accused into custody is justified (on the same grounds that apply to the CO in the previous section), he may direct that the accused be arrested. The arresting policeman may use reasonable force and exercise the various search provisions as if he was arresting the accused for a service offence under section 67. When an accused is arrested under these provisions he must be brought before a judge advocate as soon as practicable for the purposes of a review.