What happens if I'm being investigated for a service offence while already in custody?

In Plain English

If you're already in custody (either for another service offence or for some other reason) and you're being investigated for a new service offence, the Defence Force Discipline Act 1982 treats you as if you're in custody specifically for that new offence. This means all the rules about questioning people in custody apply to this new investigation as well.

Detailed Explanation

According to subsection 101AA(3) of the Defence Force Discipline Act 1982, if a person:

• is already in custody, detention, or imprisonment for another service offence or another reason; or
• is in the company of an investigating officer in connection with the investigation of a new service offence; and
• the investigating officer believes, or has given the person reasonable grounds to believe, that the person probably committed the new service offence (if already in custody), or the person would not be allowed to leave if they wished to do so (if in the company of an investigating officer);

Then, unless the contrary intention appears, the provisions of Part VI of the Defence Force Discipline Act 1982 apply as if the person were in custody in respect of the new service offence.

This means that the protections afforded to individuals in custody, such as the requirement for cautioning before questioning as outlined in section 101C and 101D of the Defence Force Discipline Act 1982, also apply to the investigation of the new service offence.