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Armed Forces Act 2001

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This is the original version (as it was originally enacted).

7Power of commanding officer to authorise entry and search of certain premises

This section has no associated Explanatory Notes

(1)If an officer has reasonable grounds for believing—

(a)that the conditions specified in paragraphs (a) to (e) of section 5(1) are satisfied in relation to—

(i)service living accommodation of a person as respects whom the officer is commanding officer, or

(ii)other premises occupied as a residence (alone or with other persons) by a person who is subject to service law and as respects whom the officer is commanding officer, and

(b)that it is likely that, if no search could be carried out before the earliest time by which it would be practicable—

(i)for a service policeman to obtain and execute a warrant under section 5 authorising the entry and search of the premises, or

(ii)in a case where a member of a United Kingdom police force could obtain a warrant under section 8 of the 1984 Act or any other enactment authorising the entry and search of the premises, for a member of such a force to obtain such a warrant,

the purpose of the search would be frustrated or seriously prejudiced,

the officer may authorise a service policeman or, subject to subsection (2), any other member of Her Majesty’s forces to enter and search the premises.

(2)An officer may not authorise a person other than a service policeman to exercise the powers conferred by subsection (1) unless—

(a)the premises to be searched consist of service living accommodation falling within section 15(1)(b) or (c), and

(b)it is likely that, if no search could be carried out before the earliest time by which it would be practicable to obtain the assistance of a service policeman, the purpose of the search would be frustrated or seriously prejudiced.

(3)Subject to section 8, a person authorised under subsection (1) may seize and retain anything for which the search under this section was authorised.

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