C2Part 3Powers of Arrest, Search and Entry

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Chapter 3Powers of Entry, Search and Seizure

Entry for purposes of arrest etc

I1I2C190Entry for purpose of arrest etc by a service policeman

1

A service policeman may for the purpose of arresting a person enter and search premises within subsection (2), but only if he has reasonable grounds for believing that the person is on the premises.

2

The premises referred to in subsection (1) are—

a

service living accommodation;

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

the person to be arrested;

c

premises which the service policeman has reasonable grounds for believing to be within paragraph (b).

3

In relation to premises containing two or more separate dwellings, the powers conferred by subsection (1) are powers to enter and search—

a

any parts of the premises which the occupiers of any dwelling contained in the premises use in common with the occupiers of any other such dwelling; and

b

any such dwelling that the service policeman has reasonable grounds for believing the person to be arrested to be in.

4

A service policeman may, for the purpose of saving life or limb or preventing serious damage to property, enter and search any—

a

service living accommodation;

b

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

i

a person subject to service law; or

ii

a civilian subject to service discipline; or

c

premises which the service policeman has reasonable grounds for believing to be within paragraph (b).

5

Any power of search conferred by this section is a power to search only to the extent that is reasonably required for the purpose for which the power of entry is exercised.

6

References in this section to arrest are to arrest under section 67, 69, 110F1, 111 or 303, and related expressions in this section are to be read accordingly.