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The Armed Forces (Service Civilian Court) Rules 2009 PART 5 — ARREST OF DEFENDANT

28–292 provisions

Arrest by service police etc before arraignment

28

Where— (a) a charge is allocated for Service Civilian Court trial, and (b) the defendant has not been arraigned before the court, section 111 shall apply as if the defendant had been so arraigned and proceedings before the court had not concluded.

Warrant for arrest by civilian police

29

(1) Where a judge advocate has power to direct the arrest of a defendant under section 111 (including that section as applied by rule 28), he also has power to issue a warrant for the defendant's arrest. (2) A warrant issued under this rule— (a) must be addressed to one or more officers of a civilian police force; (b) must state the offence with which the defendant is charged; and (c) must state that he must be transferred to service custody as soon as is practicable after his arrest. (3) Where a defendant is arrested under a warrant issued under this rule and is transferred to service custody, subsection (4) of section 111 shall apply as if he had been arrested under that section.

Back to The Armed Forces (Service Civilian Court) Rules 2009 — full text

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