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The Armed Forces (Entry, Search and Seizure) (Amendment) Order 2008
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- 2008 No. 1698
- Explanatory Note
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EXPLANATORY NOTE
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Article 12 of the Armed Forces (Entry, Search and Seizure) Order 2003 confers power to enter and search premises in which a person has been arrested under the Army Act 1955 (c. 18), the Air Force Act 1955 (c. 19) or the Naval Discipline Act 1957 (c. 53), and article 13 of that Order confers power to enter and search premises occupied or controlled by a person who has been so arrested. The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694) amends the 1955 Acts and the 1957 Act by inserting in each of them a new provision enabling a service policeman to arrest a person reasonably suspected of being about to commit a service offence. Articles 2(2) and 3 of this Order make consequential amendments to articles 12 and 13 of the 2003 Order, so that the powers of entry and search conferred by those articles do not apply in relation to a person arrested under this new power.
Article 12(6) of the 2003 Order defines the premises that may be searched under that article as including premises occupied as a residence by a person in relation to whom the power of arrest is exercisable only by virtue of section 131 of either of the 1955 Acts or section 51 of the 1957 Act. These provisions confer power to arrest a person who was formerly subject to service law and is suspected of having committed an offence while so subject. The Armed Forces (Alignment of Service Discipline Acts) Order 2008 amends them so that the power to arrest such a person derives not from them but from the same provisions that confer power to arrest a person who is still subject to service law. Article 2(3) of this Order makes a consequential amendment to article 12(6) of the 2003 Order.
The Armed Forces (Entry, Search and Seizure) Order 2006 makes provision in relation to powers of seizure which broadly corresponds to Part 2 of the Criminal Justice and Police Act 2001 (c. 16). Articles 4 to 6 of this Order correct certain drafting errors in that Order.
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