The Armed Forces (Entry, Search and Seizure) Order 2003

Search upon arrest

12.—(1) This article shall apply when a person is arrested under any of the services Acts(1).

(2) Subject to the following provisions of this article, a service policeman shall have power where this article applies—

(a) to enter and search—

(i) any relevant residential premises other than a locker falling within section 15(1)(c), or

(ii) any vehicle, vessel, aircraft or hovercraft,

in which the arrested person was when arrested or immediately before he was arrested; or

(b) to open and search any locker falling within section 15(1)(c) which the arrested person had open when or immediately before he was arrested;

for evidence relating to the offence for which he has been arrested.

(3) The power to search premises conferred by paragraph (2) is only a power to search to the extent that is reasonably required for the purpose of discovering any such evidence.

(4) A service policeman may not search premises in the exercise of the power conferred by paragraph (2) unless he has reasonable grounds for believing that there is evidence for which a search is permitted under that paragraph on the premises.

(5) In so far as the power to search conferred by paragraph (2) relates to premises consisting of two or more separate dwellings, it is limited to a power to search—

(a) any dwelling in which the arrest took place or in which the person arrested was immediately before his arrest; and

(b) any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.

(6) In this article, “relevant residential premises” means—

(a) service living accommodation(2), or

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

(i) a person who is subject to service law, or

(ii) a person in relation to whom the power of arrest under any of the services Acts is exercisable only by virtue of section 131 of either of the 1955 Acts or section 51 of the 1957 Act.

(1)

By virtue of section 16(1), the services Acts means the 1955 Acts and the 1957 Act.

(2)

The meaning of “service living accommodation” is set out in section 15.