National Defence Act

Marginal note:Powers of officers

• 155 (1) An officer may, without a warrant, in the circumstances described in section 154, arrest or order the arrest of

  • (a) any non-commissioned member;

  • (b) any officer of equal or lower rank; and

  • (c) any officer of higher rank who is engaged in a quarrel, fray or disorder.

• Marginal note:Powers of non-commissioned members

  (2) A non-commissioned member may, without a warrant, in the circumstances described in section 154, arrest or order the arrest of

  • (a) any non-commissioned member of lower rank; and

  • (b) any non-commissioned member of equal or higher rank who is engaged in a quarrel, fray or disorder.

• Marginal note:Limitations on power of arrest

  (2.1) Unless ordered to do so by a superior officer, an officer or non-commissioned member shall not order the arrest of a person, nor arrest a person, without a warrant for an offence that is not a serious offence if:

  • (a) they have reasonable grounds to believe that the public interest may be satisfied without so arresting the person, having regard to all the circumstances including the need to

    • (i) establish the person’s identity,

    • (ii) secure or preserve evidence of or relating to the offence, and

    • (iii) prevent the continuation or repetition of the offence or the commission of another offence; and

  • (b) they have no reasonable grounds to believe that, if the person is not so arrested, the person will fail to attend before a court martial in order to be dealt with according to law.

• Marginal note:Arrest of persons other than officers or non-commissioned members

  (3) Every person who is not an officer or non-commissioned member but who was subject to the Code of Service Discipline at the time of the alleged commission by that person of a service offence may, without a warrant, be arrested or ordered to be arrested by such person as any commanding officer may designate for that purpose.