Search Legislation

Armed Forces Act 2006

Status:

This is the original version (as it was originally enacted).

Entry for purposes of obtaining evidence etc
83Power 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;

(c)that entry to the premises will not be granted unless a warrant is produced;

(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).

84Section 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;

(c)the death of any person;

(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.

85Section 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.

86Power 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.

87Power 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.

88Power 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.

89Review 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.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources