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Part 13U.K.Discipline: Miscellaneous and Supplementary

Modifications etc. (not altering text)

C1Pts. 11-13 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(3)(4)

Chapter 3U.K.Arrest and Detention by Civil Authorities

Arrest etc for desertion or absence without leaveU.K.

317Warrant for the arrest of persons released under section 315(4)(c) or 316(3)(a)(ii)U.K.

(1)Where a person who is released under section 315(4)(c) or 316(3)(a)(ii) fails to comply with the condition subject to which he was released, a warrant for his arrest may be issued—

(a)where he was released under section 315(4)(c), by a judge advocate;

(b)where he was released under section 316(3)(a)(ii), by a judge advocate or by a person who is authorised to issue the warrant by the court that imposed the condition.

(2)A warrant issued under this section—

(a)shall be addressed to an officer or officers of a UK police force or British overseas territory police force; and

(b)shall specify the name of the person for whose arrest it is issued.

(3)The Secretary of State may make rules with respect to the practice and procedure which is to apply in connection with warrants issued under this section by judge advocates.

(4)A person arrested under a warrant issued under this section must as soon as practicable be transferred to service custody.

Modifications etc. (not altering text)

C2Ss. 314-317 applied (with modifications) by 1952 c. 67, s. 13 (as amended (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 18(2)(a) (with s. 385); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)

Commencement Information

I1S. 317 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2S. 317 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4