Part 3

Powers of Arrest, Search and Entry
Chapter 3

Powers of Entry, Search and Seizure

Entry for purposes of arrest etc

Entry for purpose of arrest etc by a service policeman
90
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, 110, 111 or 303, and related expressions in this section are to be read accordingly.
S. 90 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
S. 90 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
Words in s. 90(6) substituted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 3; S.I. 2012/669, art. 4(d)
S. 90 applied (1.8.2013) by The Armed Forces (Retrial for Serious Offences) Order 2013 (S.I. 2013/1852), arts. 1, 6(7)(b) (with art. 3)
Pt. 3 applied (with modifications) (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 3