Armed Forces Act 2006

Armed Forces Act 2006

2006 CHAPTER 52

Commentary

First Group of Parts – Discipline

Part 3 – Powers of Arrest, Search and Entry

Chapter 3 – Powers of Entry, Search and Seizure

Entry for purposes of obtaining evidence etc

Section 83: Power of judge advocate to authorise entry and search

181. This section is based on section 8 of PACE. It is limited to relevant residential premises and does not apply to other premises occupied by the services. This is because COs and the service police need no statutory power to enter those other areas. A statutory power is only necessary where the occupier would otherwise be entitled to refuse admission.

182. Subsection (1) enables judge advocates, subject to being satisfied on certain matters, to issue warrants authorising the entry and search of relevant residential premises on the application of a service policeman. A warrant cannot be issued for items which are subject to legal privilege, excluded material or special procedure material (which are defined in section 84).

183. Subsection (2) sets out further conditions that must also be met for a warrant to be issued.

184. Subsection (3) authorises a service policeman to seize and retain anything for which the search was authorised.