On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 17/10/1986.
PART VI
ARREST, CUSTODY AND SEARCH
57.
—(1) A member may, without warrant, arrest a person over whom he has a power of arrest if —
(a)
the member finds the person committing a service offence; or
(b)
the member suspects, on reasonable grounds, that the person is committing or has committed a service offence and believes, on reasonable grounds, that the arrest of the person without warrant is necessary —
(i)
to ensure the appearance of the person before a disciplinary officer;
(ii)
to prevent any further disturbance of a substantial nature to public order;
(iii)
to ensure the personal safety or well being of the person; or
(iv)
to prevent persistence in, or a repetition or continuance of, the service offence.
(2) For the purposes of this section —
(a)
an officer has subject to the regulations a power of arrest over —
(i)
a member of a lower rank; and
(ii)
any officer, if the officer is behaving in a disorderly or violent manner;
(b)
a non-commissioned officer has a power of arrest over —
(i)
a serviceman of a lower rank; and
(ii)
any serviceman, if the serviceman is behaving in a disorderly or violent manner;
(c)
a provost officer, or a person lawfully exercising authority under or on behalf of a provost officer, has a power of arrest over any member; and
(d)
a police officer has a power of arrest over a person whom he suspects on reasonable grounds —
(i)
to be unlawfully at large during the currency of a sentence of imprisonment or detention imposed under this Act; or
(ii)
to be in desertion or absence without leave.
(3) A power of arrest under this section may be exercised personally or by giving an order for the arrest of the person concerned, and it is the duty of the member to whom such an order is given to carry out the order.
58.
—(1) A commanding officer, an officer superior in command to that officer or an officer authorised by the regulations may issue a warrant for the arrest of a person subject to this Act where that person is not present and the issuing officer has reasonable grounds for suspecting that that person —
(a)
has committed an offence against this Act; and
(b)
will not appear before a disciplinary officer.
(2) A police officer or a member may, in execution of a warrant issued in accordance with subsection (1), arrest the person for whose arrest the warrant has been issued.
59. A person authorised to effect an arrest may use such force as is reasonably necessary for that purpose.
60. A person exercising a power of arrest shall inform the person he is arresting at the time of the arrest, in ordinary language, of the nature of the charge upon which the person is being arrested, unless it is not reasonably practicable to do so or unless the reason for the arrest is obvious in the circumstances.
61. A police officer may detain a person arrested (whether by himself or by another) at a police station or other place provided for the holding of persons in custody for such time as is reasonably necessary to enable the arrested person to be delivered into the custody of a provost officer or of any other member who is authorised for the purpose by or under the regulations.
62. It shall be the duty of a member who receives a person into his custody to deal with the person as provided by this Act and the regulations.
63.
—(1) When a member exercises his power of arrest or receives a person into service custody, he shall as soon as practicable having regard to the circumstances of the arrest cause the person arrested to be transferred to the custody of a commanding officer.
(2) Where a person arrested has come into the custody of a commanding officer, that commanding officer shall release the person arrested as soon as his continued custody, for one of the reasons specified in paragraph (b) of section 57(1), is no longer necessary and may impose such restrictions as are permitted by section 64.
(3) When a person arrested is not released in accordance with subsection (2), the commanding officer into whose custody the person arrested has been transferred in accordance with subsection (1) shall, within 24 hours of receiving the person into custody, cause him to be given a copy of the charge on which he is being held.
(4) Within 48 hours of a person arrested being received into custody of a commanding officer, the commanding officer is to cause proceedings to be commenced for the hearing and determination of the charge or report his reasons for not so doing to the appropriate authority.
(5) Where a person who has been charged with an offence remains in custody for a period exceeding 4 days without the charge having been disposed of or tried by a disciplinary officer, the commanding officer shall make a report in writing to the appropriate authority stating the reasons for the delay.
(6) The commanding officer shall make a similar report to the appropriate authority at the conclusion of each subsequent period of 4 days if the person is still held in custody without the charge having been disposed of or tried by a disciplinary officer.
(7) A commanding officer who certifies in writing that, having regard to the exigencies of service, it is not reasonably practicable to do so, is not required to comply with subsection (5) or (6).
(8) Where a person remains in custody for 8 days and the charge against him has not been heard and determined, it is the duty of the appropriate authority to whom a report under subsection (5) or (6) has been made to notify the Commissioner of the reasons why the charge has not been heard and determined.
(9) Upon receipt of a notification in accordance with subsection (8), the Commissioner shall, unless he is satisfied that it is proper that the person should continue in custody, order the release of the person from custody.
64.
—(1) A commanding officer may at any time release from custody a person charged with an offence and may impose such reasonable restrictions on him as the commanding officer considers appropriate.
(2) A person released under subsection (1) or under section 63 may only be returned into custody —
(a)
if he is in breach of a restriction imposed upon him under subsection (1);
(b)
if he is arrested under section 57 or 58 in relation to another offence; or
(c)
if it is necessary for any of the reasons specified in paragraph (b) of section 57(1).
(3) A restriction imposed upon a person under subsection (1) may, at any time, be revoked by the officer who imposed it, or by an officer acting in the place of that officer and, if not so revoked ceases to have effect when —
(a)
the person is again taken into custody in connection with the charge; or
(b)
the charge is heard and determined.
65.
—(1) Where a person is in custody and a provost officer believes, on reasonable grounds, that the making of a physical examination of the person may —
(a)
afford evidence of the commission of an offence by the person; or
(b)
afford evidence of the identity of the person,
that officer may authorise a duly qualified medical practitioner to make a physical examination of the person and may authorise the use of such force as is reasonably necessary to convey that person to a duly qualified medical practitioner.
(2) A duly qualified medical practitioner who is authorised to do so under subsection (1) may make a physical examination of a person and may, for that purpose, use such force and obtain such assistance as is reasonably necessary.
(3) Where a duly qualified medical practitioner makes a physical examination of a person under this section, he shall give to the officer who authorised the examination a report setting out the results of the examination.
66.
—(1) If any person acting with a warrant of arrest issued under section 58 or acting without a warrant of arrest under section 57 has reason to believe that any person to be arrested has entered into or is within any place, the person residing in or in charge of such place shall, on demand of such person acting as aforesaid, allow him free entry thereto and afford all reasonable facilities for search therein of the person to be arrested.
(2) Where free entry to such place cannot be obtained under subsection (1) it shall be lawful for a person acting with a warrant of arrest or a provost officer acting without a warrant of arrest, where such warrant is not immediately obtainable in order to enter such place, to break open any outer or inner door or window of any place whether that of the person to be arrested or of any other person if, after notification of his authority and purpose and demand of admittance duly made, he cannot otherwise obtain admittance.
67. Subject to section 68, where a person is in custody —
(a)
the person in whose custody he is;
(b)
a provost officer; or
(c)
a person acting in accordance with the directions of a person referred to in paragraph (a) or (b),
may search the first-mentioned person and may take from him anything found upon his person.
68. Notwithstanding section 67 —
(a)
a person shall not be searched except by a person of the same sex;
(b)
a person shall not be searched except in the presence of a third person of the same sex; and
(c)
an officer shall not be searched except by or under the authority of an officer.
69.
—(1) Where property of which possession has been taken under section 67 is required as evidence in connection with a charge, the property may be retained for that purpose and then disposed of as the disciplinary officer hearing the charge orders but, if it is not so required, it shall be returned to the person from whose possession it was taken.
(2) The power to retain and dispose of property conferred by subsection (1) is in addition to, and not in derogation of, the powers conferred by any other provision of this Act.