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15. General principles of securing an accused person
 
  Article 92-General principles of securing an accused person   
92.1 General principles of securing an accused person  
  Under the law, a person accuse of a offence is considered innocent until proven guilty or admit guilt. At the same time, the fair operation of justice and the Military Courts depends upon the timely presentation of all accuse to their case at the time and date of presentation.  
  Therefore, it remains a balanced priority between the efficient operation of justice and the rights of the accused that a degree of certainty exists in the securing of an accused person for their next appearance in court.  
92.2 Securing an accused person without charge  
  The maximum period a member of the Armed Forces may be held without charge on accusation of one or more military offences is forty-eight (48) hours at which time either a charge is made against the person, or else they must be released from custody. The breach of this rule itself shall be considered a military offence under Article 73 (False Reporting) of the military Code.
 
  The maximum period a non member of the Armed Forces, including persons captured in combat or non combat, may be held without charge on accusation of one or more military offences is thirty (30) days at which time either a charge is made against the person, or else they must be released from custody. The breach of this rule itself shall be considered a military offence under Article 52 (Unlawful restraint) of the military Code.  
92.3 Maximum period of detention under charge  
  The maximum period a person may be held on charge without formal indictment from time of arrest is dependent upon the seriousness of the level of the charge and whether they are a member of the Armed Forces or not.  
  For level 4 and below offences, the maximum period of custody on charge without indictment for a member of the armed forces is seventy-two hours (72) at which time they must be either formally indicted, or released. For a non member of the Armed Forces, including persons captured in combat or non combat the maximum period of custody on charge without indictment is sixty (60) days.  
  For level 5 and above offences, the maximum period of custody on charge without indictment for a member of the armed forces is seven (7) days at which time they must be either formally indicted, or released. For a non member of the Armed Forces, including persons captured in combat or non combat the maximum period of custody on charge without indictment for a level 5 or above charge is ninety (90) days.  
  The breach of this rule itself shall be considered a military offence under Article 73 (False Reporting) or Article 52 (Unlawful restraint) of the military Code.  
92.4 Maximum period of detention under indictment before conditional release hearing  
  The maximum period a person may be held in custody from the day of indictment to the day being brought before a magistrate to hear any conditional release application is dependent upon the seriousness of the level of the charge.  
  For level 4 and below offences, the maximum period of custody under indictment of a member of the Armed Forces is three (3) days at which time they must be either formally refused bail, or bail shall be automatically granted and they shall be released. For a non-member of the Armed Forces, including prisoners it is sixty (60) days.
 
  For level 5 and above offences, the maximum period of custody under indictment is ten (10) days at which time they must be either formally refused conditional release, or conditional release shall be automatically granted and they shall be released. For a non-member of the Armed Forces, including prisoners it is sixty (60) days.  
 
 

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