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| Review by judicial officer. |
8. - (1) Where any property has been seized and retained during a search under section 7, the officer who authorised the search must as soon as practicable request a judicial officer to undertake a review of the search and of the seizure and retention of anything seized and retained during it.
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(2) In relation to a review under this section, a judicial officer shall have such powers and duties as may be prescribed by the Secretary of State by order.
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| Entry for purpose of arrest etc. |
9. - (1) Subject to the following provisions of this section, a service policeman may enter and search any relevant residential premises for the purpose-
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(a) of arresting a person under any of the services Acts, or |
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(b) of saving life or limb or preventing serious damage to property. |
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(2) In subsection (1) "relevant residential premises" means-
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(a) service living accommodation, or |
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(b) other premises occupied as a residence (alone or with other persons) by a person who is subject to service law. |
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(3) Subject to the following provisions of this section and without prejudice to any other enactment, a service policeman may enter and search any premises which are occupied as a residence (alone or with other persons) by a person to whom this subsection applies, for the purpose of arresting that person under any of the services Acts.
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(4) Subsection (3) applies to a person in relation to whom the power of arrest under any of the services Acts is exercisable only by virtue of section 131 of each of the 1955 Acts or section 51 of the 1957 Act.
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(5) Except for the purpose specified in paragraph (b) of subsection (1), the powers of entry and search conferred by this section-
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(a) are only exercisable if the service policeman has reasonable grounds for believing that the person whom he is seeking is on the premises, and |
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(b) are limited, in relation to premises consisting of two or more separate dwellings, to powers to enter and search- |
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(i) any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other such dwelling, and
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(ii) any such dwelling in which the service policeman has reasonable grounds for believing that the person whom he is seeking may be.
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(6) The power of search conferred by this section is only a power to search to the extent that is reasonably required for the purpose for which the power of entry is exercised.
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(7) Subject to subsections (8) and (9), an officer may authorise a member of Her Majesty's forces who is not a service policeman to exercise, in relation to premises consisting of-
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(a) service living accommodation of a person as respects whom the officer is commanding officer, or |
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(b) other premises occupied as a residence (alone or with other persons) by a person who is subject to service law and as respects whom the officer is commanding officer, |
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the powers conferred by subsection (1) on a service policeman.
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(8) An officer may not authorise a person other than a service policeman to exercise the power conferred by subsection (1)(a) unless-
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(a) the offence in respect of which the arrest is to be made is an offence to which section 5 applies, and |
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(b) 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- |
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(i) the assistance of a service policeman, or
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(ii) in a case where the powers conferred by section 17(1)(b) or (c) of the 1984 Act (entry for purposes of arrest) are exercisable by a member of a United Kingdom police force, the assistance of a member of such a force capable of exercising them,
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the person to be arrested might evade arrest, conceal, damage, alter or destroy evidence or be a danger to himself or to others or discipline or morale among members of any of Her Majesty's forces might be undermined. |
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(9) An officer may not authorise a person other than a service policeman to exercise the power conferred by subsection (1)(b) in relation to premises falling within subsection (2)(b) unless 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.
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(10) The Defence Council may by regulations provide for the delegation by a commanding officer of his functions under this section.
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Powers exercisable on arrest |
| Search upon arrest. |
10. - (1) A service policeman or the person exercising the power of arrest may search a person arrested under any of the services Acts if the service policeman or, as the case may be, the person making the arrest has reasonable grounds for believing that the arrested person may present a danger to himself or others.
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(2) Subject to subsections (4), (8) and (9), a service policeman shall also have power to search the arrested person for anything-
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(a) which he might use to assist him to escape from custody, or |
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(b) which might be evidence relating to an offence. |
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(3) For the purposes of the following provisions of this section, a thing is "subject to search" if it is something for which a search by a service policeman is permitted under subsection (2).
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(4) A service policeman may not search a person in the exercise of the power conferred by subsection (2) unless he has reasonable grounds for believing that the person to be searched may have concealed on him anything that is subject to search.
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(5) Subject to subsections (6) to (9), where a person ("the arrested person") is to be or has been arrested under any of the services Acts by a person other than a service policeman, the commanding officer of the arrested person-
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(a) may, if the commanding officer has reasonable grounds for believing that the arrested person may have concealed on him anything that is subject to search, order the person exercising the power of arrest, on or after exercising the power, to search the arrested person for anything that is subject to search, or |
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(b) may authorise the person exercising the power of arrest, on or after exercising the power, to search the arrested person for anything that is subject to search. |
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(6) A commanding officer may not order or authorise the search of an arrested person under subsection (5)(a) or (b) unless he has reasonable grounds for believing that it is likely that, if the search could not be carried out before the earliest time by which it would be practicable to obtain assistance from-
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(a) a service policeman, or |
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(b) in a case where the powers conferred by section 32 of the 1984 Act (search upon arrest) are exercisable by a member of a United Kingdom police force, a member of such a force capable of exercising those powers, |
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the person who is to be or has been arrested would escape from custody or conceal, alter or destroy evidence.
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(7) A person authorised under paragraph (b) of subsection (5) may not search a person in the exercise of the power conferred by that paragraph unless he has reasonable grounds for believing that the arrested person may have concealed on him anything that is subject to search.
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(8) The power to search conferred by subsection (2) or (5) is only a power to search to the extent that is reasonably required for the purpose of discovering anything that is subject to search.
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(9) The power conferred by subsection (1), (2) or (5) is not to be construed as authorising the person exercising the power to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves, but the power does authorise the search of a person's mouth.
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(10) Any person searching another person in the exercise of the power conferred by subsection (1) may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person.
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(11) A service policeman or authorised person searching a person in the exercise of the power conferred by subsection (2) or (5) may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing-
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(a) that the person searched might use it to assist him to escape from lawful custody; or |
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(b) that it is evidence of an offence or has been obtained in consequence of the commission of an offence. |
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(12) In subsection (11) "authorised person" means a person ordered under subsection (5)(a) or authorised under subsection (5)(b).
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(13) The Secretary of State may by order make provision, in relation to premises in which a person was when or immediately before he was arrested under any of the services Acts, which is equivalent to that made by any of the provisions of section 32 of the 1984 Act which relate to the power to enter and search premises, subject to such modifications as the Secretary of State thinks fit.
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(14) The power conferred by subsection (13) includes, in particular, power to apply any provision of section 32 of the 1984 Act relating to the power to enter and search premises, subject to modifications specified in the order.
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(15) The Defence Council may by regulations provide for the delegation by a commanding officer of his functions under this section.
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Seizure etc. |
| Power to make provision equivalent to that made by ss. 18 to 22 of Police and Criminal Evidence Act 1984. |
11. - (1) The Secretary of State may by order make provision, in relation to premises occupied or controlled by a person who-
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(a) has been arrested under any of the services Acts, and |
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(b) is being held in military, air-force or naval custody without being charged, |
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which is equivalent to that made by any provision of section 18 of the 1984 Act (entry and search after arrest), subject to such modifications as the Secretary of State thinks fit.
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(2) The Secretary of State may by order make provision, in relation to-
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(a) a service policeman who is on any premises in the exercise of any power conferred by or under this Part, or |
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(b) any power of seizure conferred by or under this Part, |
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which is equivalent to that made by any provision of sections 19 to 21 of the 1984 Act (which relate to seizure) or section 22(1) to (4) of that Act (power to retain property seized), subject to such modifications as the Secretary of State thinks fit.
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(3) In subsection (1) "charged"-
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(a) in relation to a person held in military custody, is to be construed in accordance with section 75(4) of the Army Act 1955, |
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(b) in relation to a person held in air-force custody, is to be construed in accordance with section 75(4) of the Air Force Act 1955, and |
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(c) in relation to a person held in naval custody, is to be construed in accordance with section 47A(4) of the 1957 Act. |
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(4) No provision made by virtue of this section affects the power conferred by section 12.
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| Property in possession of service police or commanding officer. |
12. - (1) The Secretary of State may by regulations make provision with respect to the disposal of property which has come into the possession of a service policeman or a person's commanding officer in connection with the investigation of an offence.
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(2) The regulations may, in particular-
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(a) enable a court-martial, Standing Civilian Court or judicial officer to make an order for the delivery of the property to the person appearing to the court or judicial officer to be the owner of the property or, if the owner cannot be ascertained, to make such order with respect to the property as the court or judicial officer thinks fit, |
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(b) enable the commanding officer of a person charged with an offence against any of the services Acts- |
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(i) to determine that any property seized under this Part in connection with the investigation of an offence be delivered to the person appearing to the commanding officer to be the owner of the property, or,
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(ii) if the owner cannot be ascertained, to make such other determination with respect to the delivery of the property as the commanding officer considers appropriate,
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(c) enable the commanding officer of a person- |
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(i) in whose possession the property was before it was seized under this Part, or
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(ii) who claims to be the owner of the property,
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to determine that it should be delivered to that person, |
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(d) make provision as to appeals against orders made by virtue of paragraph (a) and determinations made by virtue of paragraph (b) or (c), and |
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(e) provide that, on the expiration of a specified period from the making of an order by virtue of paragraph (a), the right of any person to take proceedings for the recovery of the property is to cease. |
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(3) A determination made by virtue of subsection (2)(b) or (c) does not bar the right of any person to recover any property delivered in pursuance of the determination from the person to whom it is delivered.
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