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(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;

(c) premises which that officer has reasonable grounds for believing to be within paragraph (b).

(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

(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) 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;

(c) premises which the service policeman has reasonable grounds for believing to be within paragraph (b).

(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

(c) premises which the service policeman has reasonable grounds for believing to be within paragraph (b).

(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;

(c) premises which that officer has reasonable grounds for believing to be within paragraph (b).

(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;

(c) enable the commanding officer of a person—

(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;

(b) any power of a commanding officer, otherwise than in connection with the investigation of a service offence or the exercise of any power of arrest, to enter and search, or order the entry and search of, service living accommodation;

(c) any power of a commanding officer, otherwise than in connection with the investigation of a service offence or the exercise of any power of arrest, to search, or order the search of, a person or to stop and search, or order the stop and search of, a service vehicle; or

(d) any power of a service policeman or commanding officer to search, or order the search of, a service vehicle which is not in the charge of any person.

(2) In subsection (1) “service vehicle” means a vehicle, ship or aircraft which—

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

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

96 “Service living accommodation”, “premises” and other definitions

(1) In this Part “service living accommodation” means (subject to subsection (2))—

(a) any building or part of a building which is occupied for the purposes of any of Her Majesty’s forces but is provided for the exclusive use of a person subject to service law, or of such a person and members of his family, as living accommodation or as a garage;

(b) any other room, structure or area (whether on land or on a ship) which is occupied for the purposes of any of Her Majesty’s forces and is used for the provision of sleeping accommodation for one or more persons subject to service law; or

(c) any locker which—

(i) is provided by any of Her Majesty’s forces for personal use by a person subject to service law in connection with his sleeping accommodation, but

(ii) is not in a room, structure or area falling within paragraph (b).

(2) Premises are not service living accommodation for the purposes of this Part if, or to the extent that, they are being used for keeping persons in service custody.

(3) In this Part “premises” includes any place and, in particular, includes—

(a) any vehicle, ship or aircraft; and

(b) any tent or movable structure.

(4) In this Part “enactment” includes 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,

and also includes any rule of law in Scotland.

97 Power to use reasonable force

Where a power is conferred on any person by or under this Part, he may use reasonable force, if necessary, in the exercise of the power.