The Armed Forces (Custody Proceedings) Rules 2009
Section 101 of the Armed Forces Act 2006 (“the Act”) allows a judge advocate to authorise a person to be held in service custody for a period of up to 96 hours from the time of arrest. After charge, section 105 of the Act allows a judge advocate to authorise the holding in service custody of a person for up to eight days and then, on review, subsequent periods of up to eight days. If the person consents and is legally represented, section 108 allows a person to kept in custody for up to 28 days between hearings. Section 107 of the Act allows the judge advocate to impose conditions (similar to bail conditions) on the person released from custody. Section 110 of the Act allows a commanding officer to order the arrest of a person whom he reasonably suspects would fail to attend a hearing, commit an offence, interfere with witness, or otherwise obstruct justice. A person so arrested must be brought before a judge advocate as soon as practicable. Section 111 of the Act allows a judge advocate to order the arrest of a person during the course of a trial by the Court Martial or the Service Civilian Court. Section 171 of the Act allows a person subject to a hospital order with restriction (as per section 37 of the Mental health Act 1983) to be transferred to service custody.