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 other persons
91
1
An officer may authorise a person subject to service law (other than a service policeman) to exercise, in relation to premises within subsection (2), the powers conferred by section 90(1) on a service policeman; but this is subject to subsection (3).
2
The premises are—
a
service living accommodation of a person whose commanding officer is the officer mentioned in subsection (1);
b
premises occupied as a residence (alone or with other persons) by—
i
a person subject to service law whose commanding officer is that officer; or
ii
a civilian subject to service discipline whose commanding officer is that officer;
c
premises which that officer has reasonable grounds for believing to be within paragraph (b).
3
An officer may give an authorisation under subsection (1) only if—
a
the arrest is to be made under section 67;
b
the offence in respect of which the arrest is to be made is a relevant offence (as defined by section 84); and
c
the officer has reasonable grounds for believing that, if the arrest could not be made before the earliest time by which it would be practicable to obtain the assistance mentioned in subsection (4)—
i
the person to be arrested might evade arrest, conceal, damage, alter or destroy evidence, or present a danger to himself or others; or
ii
discipline or morale among members of any of Her Majesty's forces might be undermined.
4
That assistance is—
a
the assistance of a service policeman, or
b
in a case where corresponding powers conferred by section 17(1)(b) or (c) of PACE or any other enactment are exercisable by a member of a UK police force, the assistance of a member of such a force capable of exercising those corresponding powers.
5
An officer may authorise a person subject to service law (other than a service policeman) to exercise, in relation to premises within subsection (2), the powers conferred by section 90(4) on a service policeman; but this is subject to subsection (6).
6
An officer may give an authorisation under subsection (5) in relation to premises within section 90(4)(b) or (c) only if it is not practicable to obtain the assistance of a service policeman in time to take the necessary action to save life or limb or prevent serious damage to property.
7
The Defence Council may by regulations provide for the delegation by a commanding officer of his functions under this section.
S. 91 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. 91 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
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