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Section 89: Arrest

Regulations for the Navy Part IICentral Regulations · 1957

(1) If an officer disobeys orders or otherwise misbehaves, he may be placed under arrest, and a report of the particulars of the offence shall be forwarded by the Commanding officer to the Chief of the Naval Staff as soon as possible, but if the Commanding officer should be induced from any circumstances to release him from arrest, and to withdraw or allow to be withdrawn the charges against him, such officer shall return to his duty without prejudice to future investigation of any complaint which the Commanding Officer may make relative to such arrest.

(2) If the Commanding officer considers the cause for placing an officer under arrest to be of such a nature as to necessitate it being brought before a courtmartial, but if circumstances of the service should render it necessary that the officer under arrest should be released without the withdrawal of the charge against him, he may so release him, and the officer or sailor shall return to his duty accordingly, without prejudice to his future trial or the enquiry into the charge on which he was placed under arrest.

(3) When an officer or sailor is placed under arrest, the Commanding Officer shall take care that no more restraint is put upon his personal liberty than the discipline of the service requires and the nature of his offence may render expedient.

Explanation: - Arrest is not a punishment but only a means adopted to ensure the safe custody of an offender until he can be dealt with adequately.

Where this provision sits

ActRegulations for the Navy Part II
Section89
Marginal noteArrest
JurisdictionCentral
StatusIn force as published by the source

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