Section 122: Provisions for avoiding delay after arrest, etc.

(1) Subject to the provisions of subsection (2) of this section, the allegations against a person subject to service law under this Act who is under arrest shall be duly investigated within reasonable time and as soon as may be, either proceedings shall be taken for punishing his offence or he shall be released from arrest within 24 hours.
(2) The commanding officer shall have power to determine whether further detention shall continue beyond a period of 24 hours.
(3) Where a person subject to service law under this Act, having been taken into service custody, remains under arrest for a longer period than eight days without a court-martial for his trial being assembled-
(a) a special report on the necessity for further delay shall be made by the commanding officer to the prescribed authority in the prescribed manner; and
(b) a similar report shall be made to the like authority and in the like manner every eight days until a court-martial is assembled or the offence is dealt with summarily or the person is released from arrest, the total period of such further detention not exceeding ninety days,
so however that in the case of a person on active service or in the Navy at sea, compliance with this subsection shall be excused in so far as it is not reasonably practicable having regard to the exigencies of service operations.
(4) For the purposes of subsection (1) of section 84 of this Act, the question whether there has been unreasonable delay in the taking of any steps for the investigation against a person under arrest shall be determined without regard to the provisions of subsection (3) of this section.
(5) The prescribed authority referred to in subsection (3) of this section shall have power to review the adequacy of probable cause and the propriety or otherwise of further detention.
(6) A person arrested under this Act by virtue of this section shall, as soon as is practicable, be released from custody by the person making the arrest unless he believes on reasonable grounds that it is necessary in the interest of public order or the Armed Forces and the need to prevent deliberate undermining of service discipline that the person be retained in custody having regard to all the circumstances, including-
(a) the seriousness of the allegation or accusation, for example, murder or treason;
(b) the need to establish the identity of the person under arrest;
(c) the need to secure or preserve evidence of or relating to the allegation or accusation;
(d) the need to prevent the continuation or repetition of the offence or any other offence;
(e) the necessity to ensure the safety of the person, other persons or property;
(f) the need to forestall the actual or likelihood of interference with investigation, for example, threatening, intimidating, eliminating or subornation of witnesses;
(g) the need to prevent escape of the accused; and
(h) the fact that the accused has not surrendered but has been apprehended as an illegal absentee or has habitually absented himself.
(7) In this section-
(a) "Navy at sea" relates to a person on board a ship at sea in which case-
(i) confinement on board the ship at sea may continue only until the person can be transferred to a confinement facility ashore;
(ii) the transfer shall be accomplished at the earliest opportunity permitted by the operational requirements and mission of the ship; and
(iii) on the transfer, the special report required shall be transmitted to the prescribed authority under subsection (3) of this section;
(b) "prescribed authority" means the appropriate superior authority under this Act.