M
Member
Speaking in the House of Lords on 2 September 2026
Debate
Armed Forces BillContribution
Clause 16 therefore creates a focused power for the provost marshals, and their suitably trained delegated officers—an Army major, or equivalent in the other services—within the service police, to authorise pre-charge custody for serious offences without first having to seek authorisation from the suspect’s commanding officer. The power is deliberately confined, as I will explain later, to arrests for Schedule 2, serious service offences, offences that would attract a sentence of over two years’ imprisonment in the civilian criminal justice system, and attempted versions of those offences. It will also apply to Schedule 1, Part 2 offences, specific listed criminal conduct offences that a commanding officer may deal with at a summary hearing, where a higher authority has considered the matter and not given permission for the commanding officer to hear the matter summarily, and to attempted versions of those offences.
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