Defence Act 1954

Arrest.

171

171. (1) Any person subject to military law, who has committed, is found committing, is suspected of being about to commit, or is suspected of or charged under this Act with having committed an offence against military law, may be placed under arrest.

(2) In the circumstances mentioned in subsection (1) of this section—

( a) a provost marshal or an officer legally exercising authority under a provost marshal or on his behalf may arrest or order the arrest of any officer;

( b) a provost marshal or an officer or non-commissioned officer legally exercising authority under a provost marshal or on his behalf may arrest or order the arrest of any man;

( c) an officer may arrest or order the arrest of—

(i) any man,

(ii) any officer of lower rank,

(iii) any officer of equal or higher rank who is engaged in any quarrel, affray or disorder;

( d) a non-commissioned officer may arrest or order the arrest of any man;

( e) any person subject to military law who is so authorised by any commanding officer may arrest or order the arrest of a person subject to military law other than an officer or a man.

(3) Every person authorised by subsection (2) of this section to effect arrest may use such force as is reasonably necessary for that purpose.

(4) An order given under subsection (2) of this section shall be obeyed although the person giving the order and the person to whom and the person in respect of whom the order is given do not belong to the same service corps or unit.