Armed Forces Act 2006 (c. 52)

(The document as of February, 2008)

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(d) any vehicle within subsection (1)(c).

(4) A service policeman may seize any article that he discovers in the course of a search under subsection (1) and that he has reasonable grounds for suspecting to be--

(a) a stolen or prohibited article;

(b) evidence of an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under the Misuse of Drugs Act 1971; or

76 Stop and search by persons other than service policemen

(1) An officer may order or authorise a person subject to service law (other than a service policeman)--

(a) to search, in a place permitted by section 78--

(i) a person within subsection (2),

(ii) a vehicle in the charge of such a person, or

(iii) anything which is in or on such a vehicle,

for stolen or prohibited articles, controlled drugs or Her Majesty's stores;

(b) to detain such a person or vehicle for the purposes of such a search; and

(c) to seize any article that he discovers in the course of such a search and that he has reasonable grounds for suspecting to be an article within section 75(4)(a) to (c);

but this is subject to subsections (3) to (7).

(2) A person is within this subsection if he is--

(a) a person subject to service law whose commanding officer is the officer mentioned in subsection (1);

(b) a civilian subject to service discipline whose commanding officer is that officer;

(i) that officer (in the case of an order under subsection (1)), or

(ii) the authorised person (in the case of an authorisation under that subsection),

has reasonable grounds for believing to be a person within paragraph (a) or (b).

(3) An order under subsection (1) may be given only in relation to a particular person or vehicle.

(4) An officer may give an order under subsection (1) only in the circumstances mentioned in section 75(2) (references to the service policeman being read as references to the officer).

(5) A person authorised under subsection (1) may exercise the power of search conferred by virtue of that subsection only in the circumstances mentioned in section 75(2) (references to the service policeman being read as references to the authorised person).

(6) An officer may give an order or authorisation under subsection (1) only if he has reasonable grounds for believing that it is likely that--

(a) an offence under section 42 would be committed, or

(b) a person who has committed such an offence would avoid apprehension,

if the powers conferred by this section could not be exercised before the earliest time by which it would be practicable to obtain the assistance mentioned in subsection (7).

(7) That assistance is--

(a) the assistance of a service policeman; or

(b) in a case where corresponding powers conferred by section 1 of PACE or any other enactment are exercisable by a member of a UK police force, the assistance of a member of such a force who is capable of exercising those corresponding powers.

77 Sections 75 and 76: definitions

(1) Subsections (2) to (6) apply for the purposes of sections 75 and 76.

(2) "Controlled drug" has the meaning given by section 2 of the Misuse of Drugs Act 1971 (c. 38).

(3) "Her Majesty's stores" has the same meaning as in the Public Stores Act 1875 (c. 25).

(4) "Prohibited article" means--

(a) an offensive weapon, other than one in the possession of a person who is permitted to have it in his possession for the purposes of any of Her Majesty's forces;

(b) an article made or adapted for use in the course of or in connection with an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence mentioned in subsection (8); or

(5) "Service vehicle" means a vehicle which--

(a) belongs to any of Her Majesty's forces; or

(b) is in use for the purposes of any of those forces.

(6) "Stolen", in relation to an article, has the same meaning as it has by virtue of section 24 of the Theft Act 1968 (c. 60) in the provisions of that Act relating to goods which have been stolen.

(7) In subsection (4)(a) "offensive weapon" means any article--

(a) made or adapted for use for causing injury to persons; or

(b) intended by the person having it with him for such use by him or by some other person.

(8) The offences referred to in subsection (4)(b) are--

(a) an offence under section 1 of the Theft Act 1968 (theft);

(b) an offence under section 9 of that Act (burglary);

(d) an offence under section 1 of the Criminal Damage Act 1971 (c. 48) (destroying or damaging property);

(e) an offence under section 1 of the Fraud Act 2006 (fraud).

(9) The reference in subsection (4)(b) to an offence under section 42 includes an act or omission which would constitute such an offence if done or made by a person subject to service law.

78 Places in which powers under sections 75 and 76 may be exercised

The powers conferred by sections 75 and 76 may be exercised only in--

(a) any place to which (at the time of exercise of the power) the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission;

(b) any other place to which people have ready access (at the time of exercise of the power) but which is not a dwelling or service living accommodation; and

(c) any premises which (at the time of exercise of the power) are permanently or temporarily occupied or controlled for the purposes of any of Her Majesty's forces but are not service living accommodation.

79 Sections 75 and 76: limitation on searching persons or vehicles in certain gardens etc

(1) Subsection (2) applies if a person ("A") is in a garden or yard, or on other land, occupied with and used for the purposes of--

(a) a dwelling; or

(b) any service living accommodation within section 96(1)(a).

(2) A person ("B") may not by virtue of section 78(a) or (b) search A in the exercise of the power conferred by section 75 or 76 unless B has reasonable grounds for believing--

(a) that A does not reside in the dwelling or service living accommodation; and

(b) that A is not in the place in question with the express or implied permission of a person who resides in the dwelling or service living accommodation.

(3) Subsection (4) applies if a vehicle is in a garden or yard, or on other land, occupied with and used for the purposes of--

(a) a dwelling; or

(b) any service living accommodation within section 96(1)(a).

(4) A person may not by virtue of section 78(a) or (b) search the vehicle or anything in or on it in the exercise of the power conferred by section 75 or 76 unless he has reasonable grounds for believing--

(a) that the person in charge of the vehicle does not reside in the dwelling or service living accommodation; and

(b) that the vehicle is not in the place in question with the express or implied permission of a person who resides in the dwelling or service living accommodation.

(5) In this section "dwelling" does not include any dwelling which is permanently or temporarily occupied or controlled for the purposes of any of Her Majesty's forces.

80 Searches under sections 75 and 76: supplementary

(1) The time for which a person or vehicle may be detained for the purposes of a search under section 75 or 76 is such time as is reasonably required to permit a search to be carried out either at the place where the person or vehicle was first detained or nearby.

(2) Nothing in section 75 or 76 authorises anyone to require a person to remove any of his clothing in public other than an outer coat, jacket, headgear or gloves.

(3) The reference in subsection (2) to headgear does not include headgear worn for religious purposes.

(4) Nothing in this Chapter limits the powers exercisable on any premises if, or to the extent that, the premises are being used for keeping persons in service custody.

81 Power to make further provision about searches under sections 75 and 76

The Secretary of State may by order make provision, in relation to the search of persons or vehicles under section 75 or 76, which is equivalent to that made by any provision of--

(a) section 2(1) to (7) and (9)(b) of PACE (provisions relating to search under section 1 of that Act and other powers), and

(b) section 3 of PACE (duty to make records concerning searches),

subject to such modifications as the Secretary of State considers appropriate.

82 Application of Chapter to ships and aircraft

This Chapter applies to ships and aircraft as it applies to vehicles.

Chapter 3 Powers of Entry, Search and Seizure

Entry for purposes of obtaining evidence etc

83 Power of judge advocate to authorise entry and search

(1) A judge advocate may issue a warrant authorising a service policeman to enter and search premises if--

(a) an application for the warrant, specifying the premises, is made by a service policeman; and

(b) the judge advocate is satisfied that the premises are relevant residential premises and that there are reasonable grounds for believing--

(i) that a relevant offence has been committed;

(ii) that there is on the premises material which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence;

(iii) that the material would be likely to be admissible in evidence at a trial for the offence;

(iv) that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and

(v) that any of the conditions mentioned in subsection (2) applies.

(2) Those conditions are--

(a) that it is not practicable to communicate with any person entitled to grant entry to the premises;

(b) that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;

(d) in the case of service living accommodation within section 96(1)(b) or (c)--

(i) that it is not practicable to communicate with the person or (as the case may be) any of the persons for whom the accommodation is provided; or

(ii) that there is no such person with whom it is practicable to communicate who will agree to grant access to the accommodation without the production of a warrant;

(e) that the purpose of a search may be frustrated or seriously prejudiced unless a service policeman arriving at the premises can secure immediate entry to them.

(3) A service policeman may seize and retain anything for which a search has been authorised under subsection (1).

84 Section 83: definitions

(1) Subsections (2) to (4) apply for the purposes of section 83.

(2) "Relevant offence" means any of the following--

(a) an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an indictable offence;

(b) a service offence specified for the purposes of this subsection in an order made by the Secretary of State;

(c) a service offence whose commission has led to, or is intended or is likely to lead to, any of the consequences mentioned in subsection (5).

(3) "Relevant residential premises" means--

(a) service living accommodation; or

(b) premises occupied as a residence (alone or with other persons) by--

(i) a person subject to service law;

(ii) a civilian subject to service discipline; or

(iii) a person who is suspected of having committed an offence in relation to which the warrant is sought.

(4) "Items subject to legal privilege", "excluded material" and "special procedure material" have the meanings given (respectively) by sections 10, 11 and 14 of PACE, but as if in section 11(2)(b) of PACE "enactment" included any provision of--

(a) an Act of the Scottish Parliament or Northern Ireland legislation; or

(b) an instrument made under such an Act or under Northern Ireland legislation.

(5) The consequences referred to in subsection (2)(c) are--

(a) serious harm to the security of the State or to public order;

(b) serious interference with the administration of justice or with the investigation of offences or of a particular offence;

(d) serious injury to any person;

(e) substantial financial gain to any person;

(f) serious financial loss to any person;

(g) the undermining of discipline or morale among members of any of Her Majesty's forces.

(6) In subsection (5)(d) "injury" includes any disease and any impairment of a person's physical or mental condition.

(7) For the purposes of subsection (5)(f), loss is serious if (having regard to all the circumstances) it is serious for the person who suffers it.

85 Section 83: power to make supplementary provision

The Secretary of State may by order--

(a) make provision authorising the use, in connection with applications under section 83 to judge advocates, of live television or telephone links or similar arrangements;

(b) make provision, in relation to warrants issued under that section or entry and search under such a warrant, which is equivalent to that made by any provision of sections 15 and 16 of PACE (which relate to the issue to constables of warrants to enter and search premises), subject to such modifications as the Secretary of State considers appropriate.

86 Power to make provision as to access to excluded material etc

(1) The Secretary of State may by order make provision enabling a service policeman to obtain access to excluded material or special procedure material on relevant residential premises, for the purpose of an investigation of a relevant offence, by making an application in accordance with the order to a judge advocate.

(2) An order under this section may in particular--

(a) provide for any provision of Schedule 1 to PACE (which relates to applications by constables to judges for access to excluded material or special procedure material) to apply (with modifications) for the purposes of the order;

(b) authorise the use, in connection with any application made by virtue of the order, of live television or telephone links or similar arrangements.

(3) In this section "relevant residential premises" means--

(a) service living accommodation; or

(b) premises occupied as a residence (alone or with other persons) by--

(i) a person subject to service law;

(ii) a civilian subject to service discipline; or

(iii) a person who is suspected of having committed the relevant offence concerned.

(4) In this section "excluded material", "special procedure material" and "relevant offence" have the meanings given by section 84.

87 Power of CO to authorise entry and search by service policeman

(1) An officer may authorise a service policeman to enter and search premises within subsection (3) if the officer has reasonable grounds for believing--

(a) that the conditions mentioned in section 83(1)(b)(i) to (v) are satisfied in relation to the premises; and

(b) that it is likely that the purpose of the search would be frustrated or seriously prejudiced if no search could be carried out before the time mentioned in subsection (2).

(2) That time is the earliest time by which it would be practicable--

(a) for a service policeman to obtain and execute a warrant under section 83 authorising the entry and search of the premises; or

(b) in a case where a member of a UK police force could obtain a warrant under section 8 of PACE or any other enactment authorising the entry and search of the premises, for a member of such a force to obtain and execute such a warrant.

(3) The premises referred to in subsection (1) are--

(a) service living accommodation of a person whose commanding officer is the officer mentioned in that subsection;

(b) premises occupied as a residence (alone or with other persons) by--

(i) a person subject to service law whose commanding officer is that officer; or

(ii) a civilian subject to service discipline whose commanding officer is that officer;

(4) A person authorised under subsection (1) may seize and retain anything for which the search under that subsection was authorised; but this is subject to section 89.

88 Power of CO to authorise entry and search by other persons

(1) An officer may authorise a person subject to service law (other than a service policeman) to enter and search service living accommodation within subsection (3) if the officer has reasonable grounds for believing--

(a) that the conditions mentioned in section 83(1)(b)(i) to (v) are satisfied in relation to the premises (the reference in section 83(2)(e) to a service policeman being read as a reference to a person authorised under this subsection); and

(b) that it is likely that the purpose of the search would be frustrated or seriously prejudiced if no search could be carried out before the time mentioned in subsection (2).

(2) That time is the earliest time by which it would be practicable--

(a) to obtain the assistance of a service policeman; or

(3) Service living accommodation is within this subsection if it is--

(a) service living accommodation of a person whose commanding officer is the officer mentioned in subsection (1); and

(b) within section 96(1)(b) or (c).

(4) A person authorised under subsection (1) may seize and retain anything for which the search under that subsection was authorised; but this is subject to section 89.

89 Review by judge advocate of certain searches under section 87 or 88

(1) Where any property has been seized and retained during a search under section 87 or 88, the officer who authorised the search must as soon as practicable request a judge advocate to undertake a review of the search and of the seizure and retention of anything seized and retained during it.

(2) The Secretary of State may by order make provision--

(a) with respect to the practice and procedure which is to apply in connection with reviews under this section;

(b) conferring functions on judge advocates in relation to such reviews.

Entry for purposes of arrest etc

90 Entry for purpose of arrest etc by a service policeman

(1) A service policeman may for the purpose of arresting a person enter and search premises within subsection (2), but only if he has reasonable grounds for believing that the person is on the premises.

(2) The premises referred to in subsection (1) are--

(a) service living accommodation;

(b) premises occupied as a residence (alone or with other persons) by--

(i) a person subject to service law;

(ii) a civilian subject to service discipline; or

(iii) the person to be arrested;

(3) In relation to premises containing two or more separate dwellings, the powers conferred by subsection (1) are powers to enter and search--

(a) any parts of the premises which the occupiers of any dwelling contained in the premises use in common with the occupiers of any other such dwelling; and

(b) any such dwelling that the service policeman has reasonable grounds for believing the person to be arrested to be in.

(4) A service policeman may, for the purpose of saving life or limb or preventing serious damage to property, enter and search any--

(a) service living accommodation;

(b) premises occupied as a residence (alone or with other persons) by--

(i) a person subject to service law; or

(ii) a civilian subject to service discipline; or

(5) Any power of search conferred by this section is a power to search only to the extent that is reasonably required for the purpose for which the power of entry is exercised.

(6) References in this section to arrest are to arrest under section 67, 69, 110 or 111, and related expressions in this section are to be read accordingly.

91 Entry for purpose of arrest etc by other persons

(1) An officer may authorise a person subject to service law (other than a service policeman) to exercise, in relation to premises within subsection (2), the powers conferred by section 90(1) on a service policeman; but this is subject to subsection (3).

(2) The premises are--

(a) service living accommodation of a person whose commanding officer is the officer mentioned in subsection (1);

(b) premises occupied as a residence (alone or with other persons) by--

(i) a person subject to service law whose commanding officer is that officer; or

(ii) a civilian subject to service discipline whose commanding officer is that officer;

(3) An officer may give an authorisation under subsection (1) only if--

(a) the arrest is to be made under section 67;

(b) the offence in respect of which the arrest is to be made is a relevant offence (as defined by section 84); and

(c) the officer has reasonable grounds for believing that, if the arrest could not be made before the earliest time by which it would be practicable to obtain the assistance mentioned in subsection (4)--

(i) the person to be arrested might evade arrest, conceal, damage, alter or destroy evidence, or present a danger to himself or others; or

(ii) discipline or morale among members of any of Her Majesty's forces might be undermined.

(4) That assistance is--

(a) the assistance of a service policeman, or

(b) in a case where corresponding powers conferred by section 17(1)(b) or (c) of PACE or any other enactment are exercisable by a member of a UK police force, the assistance of a member of such a force capable of exercising those corresponding powers.

(5) An officer may authorise a person subject to service law (other than a service policeman) to exercise, in relation to premises within subsection (2), the powers conferred by section 90(4) on a service policeman; but this is subject to subsection (6).

(6) An officer may give an authorisation under subsection (5) in relation to premises within section 90(4)(b) or (c) only if it is not practicable to obtain the assistance of a service policeman in time to take the necessary action to save life or limb or prevent serious damage to property.

(7) The Defence Council may by regulations provide for the delegation by a commanding officer of his functions under this section.

Additional powers of entry, search and seizure

92 Power to make provision conferring powers of entry and search after arrest

The Secretary of State may by order make provision, in relation to premises occupied or controlled by a person who--

(a) has been arrested under section 67, and

(b) is being held in service custody without being charged with a service offence,

which is equivalent to that made by any provision of section 18 of PACE (entry and search after arrest), subject to such modifications as the Secretary of State considers appropriate.

93 Power to make provision conferring power of seizure etc

The Secretary of State may by order make provision, in relation to--

(a) a service policeman who, in connection with the investigation of a service offence, is lawfully on premises which are searchable by virtue of this Part, or

(b) any power of seizure or retention conferred by or under this Part,

which is equivalent to that made by any provision of sections 19 to 21 of PACE (which relate to seizure) or section 22(1) to (4) of that Act (power to retain property seized), subject to such modifications as the Secretary of State considers appropriate.

Chapter 4 Supplementary

94 Property in possession of service police or CO

(1) The Secretary of State may by regulations make provision with respect to the disposal of property which has come into the possession of a service policeman or a person's commanding officer in connection with the investigation of a service offence.

(2) The regulations may in particular--

(a) enable the Court Martial, the Service Civilian Court or a judge advocate to make an order for the delivery of the property to the person appearing to the court or judge advocate to be the owner of the property or, if the owner cannot be ascertained, to make such order with respect to the property as the court or judge advocate considers appropriate;

(b) enable the commanding officer of a person charged with a service offence--

(i) to determine that any property seized under this Part in connection with the investigation of a service offence should be delivered to the person appearing to the commanding officer to be the owner of the property; or

(ii) if the owner cannot be ascertained, to make such other determination with respect to the delivery of the property as the commanding officer considers appropriate;

(i) in whose possession the property was before it was seized under this Part, or

(ii) who claims to be the owner of the property,

to determine that it should be delivered to that person;

(d) make provision as to appeals against orders made by virtue of paragraph (a) and determinations made by virtue of paragraph (b) or (c); and

(e) provide that, at the end of a specified period from the making of an order by virtue of paragraph (a), the right of any person to take proceedings for the recovery of the property is to cease.

(3) A determination made by virtue of subsection (2)(b) or (c) does not affect the right of any person to recover any property delivered in pursuance of the determination from the person to whom it is delivered.

95 Saving provision

(1) Nothing in this Part affects--

(a) any power of a service policeman or commanding officer to enter and search, or order the entry and search of, premises which are occupied for the purposes of any of Her Majesty's forces, to the extent that the premises do not constitute service living accommodation;

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