Part XI Miscellaneous and Supplementary (ss 113-122)
Part XI Miscellaneous and Supplementary (ss 113-122)

113 Application of Act to Armed Forces

[(1)     The Secretary of State may by order make provision in relation to—

(a)     investigations of service offences,

(b)     persons arrested under a power conferred by or under the Armed Forces Act 2006,

(c)     persons charged under that Act with service offences,

(d)     persons in service custody, or

(e)     persons convicted of service offences,

which is equivalent to that made by any provision of Part 5 of this Act (or this Part of this Act so far as relating to that Part), subject to such modifications as the Secretary of State considers appropriate.]

(2)     Section 67(9) above shall not have effect in relation to investigations of [service offences].

(3)     The Secretary of State shall issue a code of practice, or a number of such codes, for persons other than police officers who are [concerned with—

(a)     the exercise of powers conferred by or under Part 3 of the Armed Forces Act 2006; or

(b)     investigations of service offences].

[(3A)     In subsections (4) to (10), “code” means a code of practice under subsection (3).]

(4)     Without prejudice to the generality of subsection (3) above, a code . . . may contain provisions, in connection with [the powers mentioned in subsection (3)(a) above or the [investigations] mentioned in subsection (3)(b) above], as to the following matters—

(a)     the [audio recording] of interviews;

(b)     searches of persons and premises; and

(c)     the seizure of things found on searches.

[(5)     The Secretary of State may at any time revise the whole or any part of a code.

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