74. Power to arrest offenders

(1)

Any person subject to military law found committing an offence against any provision of this Act, or alleged to have committed or reasonably suspected of having committed any such offence, may be arrested in accordance with the following provisions of this section.

Royal Brunei Armed Forces 60

(2)

An officer may be arrested by an officer of superior rank, or, if engaged in a quarrel or disorder, by an officer of any rank.

(3)

A warrant officer, non-commissioned officer or soldier may be arrested by an officer, warrant officer or non-commissioned officer:

Provided that a person shall not be arrested by virtue of this subsection except by a person of superior rank.

(4)

A provost officer, or any member of the Armed Forces legally exercising authority under a provost officer or on his behalf, may arrest any member of the Armed Forces:

Provided that an officer shall not be arrested by virtue of this subsection except on the order of another officer.

(5)

The power of arrest given to any person by this section may

(subject to the provisions of General Orders) be exercised either personally or by ordering into arrest the person to be arrested or by giving orders for that person’s arrest.

(6)

Any person making an arrest personally shall actually touch or confine the body of the person being arrested unless there is a submission to the arrest by word or action.

(7)

Every person authorised to make an arrest under this section may use such force as is reasonably necessary for that purpose.

(8)

Where a person forcibly resists an attempt to arrest him or attempts to evade the arrest, the person arresting him or any other person assisting him, may use all means necessary to make the arrest.

Powers of investigation [S 2/2006]

Report

Read on from s 74A

Part

Forfeitures and Deductions and Enforcement of Maintenance Liabilities

Read on from Part

Part 7

Read on from Part 7

Part 8

Read on from Part 8

Part 9

Read on from Part 9