The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009

Safeguards and execution of warrants – further provisions

10.—(1) Where—

(a) a service policeman makes an application by live television or telephone links or similar arrangements for a warrant to enter and search premises, or

(b) sub-paragraph (a) does not apply, but the service policeman who is to execute such a warrant has reasonable grounds for believing that it is likely that, if no search is carried out before the earliest time by which it will be practicable for him to have the warrant in his possession, the purpose of the search will be frustrated or seriously prejudiced,

articles 8 and 9 shall have effect subject to the following provisions of this article.

(2) Where paragraph (1)(a) applies—

(a) in addition to the requirements of article 8(9), the warrant shall specify that the application for the warrant was made by live television or telephone links or similar arrangements;

(b) the judge advocate shall transmit a copy of the warrant by fax or other means of electronic communication to the service policeman who made the application;

(c) the judge advocate shall retain the warrant;

(d) the certified copies of the warrant made in accordance with article 8(10) and (11) shall be sent to the service policeman who made the application as soon as reasonably practicable after a copy has been transmitted in accordance with sub-paragraph (b).

(3) Where paragraph (1)(b) applies, the service policeman who applied for the warrant may transmit by any practicable means the information contained in the warrant to the service policeman who is to execute the warrant.

(4) Where paragraph (1)(a) applies—

(a) the requirements of article 9(7)(b) and (c) shall be satisfied if the service policeman executing the warrant—

(i) produces to the occupier a copy of the warrant; and

(ii) supplies another copy of the warrant to the occupier;

(b) the occupier of the premises entered and searched shall be supplied with a certified copy of the warrant as soon as is reasonably practicable after the search is concluded;

(c) the service policeman executing the warrant shall make the endorsement mentioned in article 9(11) on the copy referred to in sub-paragraph (a)(i);

(d) if the warrant has not been executed within the time authorised for its execution, a service policeman shall make an endorsement on the copy referred to in sub-paragraph (a)(i), stating that it has not been executed;

(e) the requirements of article 9(12) shall not be satisfied unless the copy referred to in sub-paragraph (a)(i) is sent to the Judge Advocate General;

(f) article 9(13) and (14) shall also apply to the copy sent in accordance with sub-paragraph (e).

(5) Where paragraph (1)(b) applies—

(a) the requirements of article 9(7)(b) and (c) shall be satisfied if the service policeman executing the warrant—

(i) produces to the occupier a document stating the information contained in the warrant; and

(ii) supplies another copy of the document to the occupier;

(b) the occupier of the premises entered and searched shall be supplied with a certified copy of the warrant as soon as is reasonably practicable after the search is concluded;

(c) the requirements of article 9(9) shall be satisfied if the service policeman executing the warrant leaves a copy of the document referred to in sub-paragraph (a)(i) in a prominent place on the premises;

(d) the service policeman executing the warrant shall make the endorsement mentioned in article 9(11) on the document referred to in sub-paragraph (a)(i);

(e) if the warrant has not been executed within the time authorised for its execution, a service policeman shall make an endorsement on the document referred to in sub-paragraph (a)(i), stating that it has not been executed;

(f) the requirements of article 9(12) shall not be satisfied unless the document referred to in sub-paragraph (a)(i) is sent to the Judge Advocate General;

(g) article 9(13) and (14) shall also apply to the document sent in accordance with sub-paragraph (f).