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

Issue of warrants by judge advocate

12.  If on an application made by a service policeman a judge advocate—

(a) is satisfied—

(i) that either set of access conditions is fulfilled, and

(ii) that any of the further conditions set out in paragraph 14 are also fulfilled, or

(b) is satisfied—

(i) that the second set of access conditions is fulfilled, and

(ii) that an order under paragraph 5 relating to the material has not been complied with,

he may issue a warrant authorising a service policeman to enter and search the premises.

13.  A service policeman may seize and retain anything for which a search has been authorised under paragraph 12.

14.  The further conditions mentioned in paragraph 12(a)(ii) are—

(a) that it is not practicable to communicate with any person entitled to grant entry to the premises;

(b) that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the material;

(c) that the material contains information which—

(i) is subject to a restriction or obligation such as is mentioned in section 11(2)(b) of PACE; and

(ii) is likely to be disclosed in breach of it if a warrant is not issued;

(d) that service of notice of an application for an order under paragraph 5 may seriously prejudice the investigation.