Pre-trial restraint for a serviceman and detention in the guardhouse

What is happening

Relatives are usually the last to learn of a detention. The man does not answer his phone, and the unit says only that he is with the investigators. Within two days the investigator goes to the garrison military court seeking detention on remand, and by then the defence has only hours.

Sometimes the place of detention is not a remand centre but the guardhouse. A serviceman may be held there under disciplinary arrest, as a detainee, or as an accused. The conditions and the permitted period depend on the ground, and the grounds are substituted more often than one would think: disciplinary arrest is used where in substance a criminal inquiry is under way.

The restraint measure shapes everything that follows. From custody it is harder to gather documents, harder to meet a lawyer, harder to contest the charge. The first restraint hearing is therefore not a formality but a full argument.

What the law says

• Detention on remand does not follow automatically from the seriousness of the charge. The court must examine specific grounds: whether the person might abscond, influence witnesses or continue offending, and whether this is supported by documents rather than the investigator's assumption.
• Servicemen have a measure of their own: supervision by the command of the military unit. It is a lawful alternative to custody, and the court must consider it when the defence raises it.
• The period of detention is limited and can be extended only by a court, with reasons why the investigation is not finished. Every extension can be appealed.
• Disciplinary arrest and detention in the guardhouse within a criminal case are different grounds with different procedures. Substituting one for the other is a ground for complaint.
• A decision imposing or extending restraint can be appealed within a short period, and that period runs from service of the decision, not from when relatives heard about it.
• A detainee has the right to a defence lawyer from the moment of actual detention, the right to inform his family and the right to a medical examination. A refusal should be recorded and challenged.

What we do

• We go to the unit, the military investigative department or the guardhouse and establish where the person is and on what ground.
• We take on the defence formally and press for a meeting before the restraint hearing.
• We prepare the case for court: service records, appraisals, family and medical information, and undertakings from the command.
• We ask the court to consider supervision by the unit command, a ban on specified acts, or house arrest instead of custody.
• We appeal the detention decision and every extension, and apply to vary the measure when circumstances change.
• We check the lawfulness of detention in the guardhouse, its conditions and duration, and challenge disciplinary arrest used in place of the proper procedure.

What we need from you

• Details of the detained man: rank, post, unit number and, if known, which investigator has the case.
• Any documents served: the detention record, decisions, notices, a copy of the investigator's application.
• The service contract, service appraisal, an extract of commendations, and records of awards and combat tasks.
• Family documents: marriage and birth certificates, proof of dependants, information on relatives who are unwell.
• Medical records: reports, discharge summaries, evidence of chronic illness and of wounds.
• Proof of permanent registration and of housing, if house arrest is to be proposed.