Armed Forces Act 2006

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;

(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.