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 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 or 111, and related expressions in this section are to be read accordingly.