National Defence Act

Marginal note:Release from custody

• 158 (1) A person arrested under this Act shall, as soon as is practicable, be released from custody by the person making the arrest, unless the person making the arrest believes on reasonable grounds that it is necessary that the person under arrest be retained in custody having regard to all the circumstances, including

  • (a) the gravity of the offence alleged to have been committed;

  • (b) the need to establish the identity of the person under arrest;

  • (c) the need to secure or preserve evidence of or relating to the offence alleged to have been committed;

  • (d) the need to ensure that the person under arrest will appear before a court martial or civil court to be dealt with according to law;

  • (e) the need to prevent the continuation or repetition of the offence alleged to have been committed or the commission of any other offence; and

  • (f) the necessity to ensure the safety and security of the person under arrest, any victim of the offence, or any other person.

• Marginal note:Retention in custody

  (2) If an arrested person is to be retained in custody, the person shall be placed in service custody or civil custody. Such force as is reasonably necessary for the purpose may be used.

• Marginal note:Duty to receive into service custody

  (3) The officer or non-commissioned member in charge of a guard or a guard-room or a member of the military police shall receive and keep a person under arrest who is committed to their custody.

• Marginal note:Account in writing

  (4) The person who commits a person under arrest to service custody shall, at the time of committal, deliver to the officer or non-commissioned member into whose custody the person under arrest is committed a signed account in writing setting out why the person under arrest is being committed to custody.