Section 94
Provisions for avoiding delay after arrest
(1)
The allegations against any person subject to service law under this Act who is under arrest shall be duly investigated without
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unnecessary delay, and as soon as may be either proceedings shall be taken for punishing his offence or he shall be released from arrest.
(2)
Wherever any 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 special report for the necessity for further delay shall be made by his commanding officer to the prescribed authority in the prescribed manner, and a similar report 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 he is released from arrest:
Provided that in the case of a person on active service, compliance with this subsection shall be excused in so far as it is not reasonably practicable, having regard to the exigency of operations.
(3)
For the purposes of subsection 64(1) the question whether there has been unnecessary delay in the taking of any steps for the investigation of allegations against a person under arrest shall be determined without regard to the provisions of the last foregoing subsection.