QR&O: Volume II - Chapter 105 - Arrest and Pre-Trial Custody - Table of Contents

Table of Contents

Section 1 – Arrest

105.01 Persons Subject to Arrest
105.02 Arrest of Persons Who Have Ceased to be Subject to the Code of Service Discipline
105.03 Arrest and Hand Over of Dependants in Foreign Countries
105.031 Definition of Dependants
105.04 Powers of Arrest without Warrant
105.041 Limitations on Powers of Arrest without Warrant
105.05 Issue of Warrant for Arrest
105.06 Form of Warrant for Arrest
105.061 Judicial Arrest Warrant
105.062 Warrant for Arrest – Failure to Appear for Samples to be Taken
105.07 Duty to Carry Out Orders of Arrest
105.08 Information Provided to a Person Arrested or Detained
105.09 Use of Force in Carrying Out Arrest
105.10 Arrest of Subordinate
105.11 Special Report – Members Above the Rank of Sergeant

Section 2 – Action Following Arrest

105.12 Release of Arrested Person Unless Conditions Necessary for Retention in Custody are Met
105.121 Information to Arrested Person
105.13 Retention in Custody
105.14 Duty to Receive into Service Custody
105.15 Action Upon Decision to Retain in Custody
105.16 Account in Writing
105.17 Report of Custody to Custody Review Officer

Section 3 – Initial Review

105.18 Review of Report of Custody
105.19 Continuing Duty to Release
105.20 Duty to Retain in Custody if Charged with a Designated Offence
105.21 Duty to Review Where No Charge Laid
105.211 Release With or Without Conditions
105.22 Direction on Release from Custody
105.221 Effect of Notice of Decision Not to Lay Charges

Section 4 – Duty to Act Expeditiously

105.23 Charges to be Laid Expeditiously

Section 5 – Review of Direction to Retain in Custody

105.24 Hearing by Military Judge
105.25 Notice When Hearing is Required
105.26 Counsel for the Person in Custody
105.27 Procedure at Show Cause Hearing
105.28 Release on the Giving of an Undertaking

Section 6 – Review of Direction to Release From Custody

105.29 Definitions
105.291 Review by Commanding Officer or Next Superior Officer
105.2911 Application for Review of Directions on Release
105.292 Review of Directions by Military Judge
105.293 Notice of Application
105.294 Representation of Person Released from Custody
105.295 Notice of Hearing
105.296 Hearing Procedure
105.297 Appearance by Technological Means
105.298 Obligations at Conclusion of Hearing

Section 7 – Review by Court Martial Appeal Court Judge

105.30 Review of Direction
105.301 Representation by Legal Counsel

Section 8 – Cancellation of Direction

105.302 Cancellation of Direction to Retain in Custody or Release With Conditions
105.303 Circumstances in Which a Direction is Cancelled

Section 9 – Conditions of Pre-Trial Custody

105.31 Duties While in Custody
105.32 Authorized Visitors
105.33 Mail and Correspondence
105.34 Exercise
105.35 Mess Privileges
105.36 Visits by Medical Officers
105.37 Segregation of Prisoners Based on Sex
105.38 Observation of Persons in Custody
105.39 Hospitalization of Persons in Custody
105.40 Persons Held in Custody by Civil Authorities
105.41 to 105.99 Not Allocated