Armed Forces Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Armed Forces Bill

Armed Forces Bill
Part 3 — Powers of Arrest, Search and Entry
Chapter 3 — Powers of Entry, Search and Seizure
39

(c)
that entry to the premises will not be granted unless a warrant is
produced;
(d)
in the case of service living accommodation within section 96(1)(b) or
(c)—
(i)
that it is not practicable to communicate with the person or (as
5
the case may be) any of the persons for whom the
accommodation is provided; or
(ii)
that there is no such person with whom it is practicable to
communicate who will agree to grant access to the
accommodation without the production of a warrant;
10
(e)
that the purpose of a search may be frustrated or seriously prejudiced
unless a service policeman arriving at the premises can secure
immediate entry to them.
(3)
A service policeman may seize and retain anything for which a search has been
authorised under subsection (1).
15
84
Section 83: definitions
(1)
Subsections (2) to (4) apply for the purposes of section 83.
(2)
“Relevant offence” means any of the following—
(a)
an offence under section 42 as respects which the corresponding
offence under the law of England and Wales is an indictable offence;
20
(b)
a service offence specified for the purposes of this subsection in an
order made by the Secretary of State;
(c)
a service offence whose commission has led to, or is intended or is
likely to lead to, any of the consequences mentioned in subsection (5).
(3)
“Relevant residential premises” means—
25
(a)
service living accommodation; or
(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)
a person who is suspected of having committed an offence in
30
relation to which the warrant is sought.
(4)
“Items subject to legal privilege”, “excluded material” and “special procedure
material” have the meanings given (respectively) by sections 10, 11 and 14 of
PACE, but as if in section 11(2)(b) of PACE “enactment” included any
provision of—
35
(a)
an Act of the Scottish Parliament or Northern Ireland legislation; or
(b)
an instrument made under such an Act or under Northern Ireland
legislation.
(5)
The consequences referred to in subsection (2)(c) are—
(a)
serious harm to the security of the State or to public order;
40
(b)
serious interference with the administration of justice or with the
investigation of offences or of a particular offence;
(c)
the death of any person;
(d)
serious injury to any person;
(e)
substantial financial gain to any person;
45
(f)
serious financial loss to any person;

Armed Forces Bill
Part 3 — Powers of Arrest, Search and Entry
Chapter 3 — Powers of Entry, Search and Seizure
40

(g)
the undermining of discipline or morale among members of any of Her
Majesty’s forces.
(6)
In subsection (5)(d) “injury” includes any disease and any impairment of a
person’s physical or mental condition.
(7)
For the purposes of subsection (5)(f), loss is serious if (having regard to all the
5
circumstances) it is serious for the person who suffers it.
85
Section 83: power to make supplementary provision
The Secretary of State may by order—
(a)
make provision authorising the use, in connection with applications
under section 83 to judge advocates, of live television or telephone links
10
or similar arrangements;
(b)
make provision, in relation to warrants issued under that section or
entry and search under such a warrant, which is equivalent to that
made by any provision of sections 15 and 16 of PACE (which relate to
the issue to constables of warrants to enter and search premises),
15
subject to such modifications as the Secretary of State considers
appropriate.
86
Power to make provision as to access to excluded material etc
(1)
The Secretary of State may by order make provision enabling a service
policeman to obtain access to excluded material or special procedure material
20
on relevant residential premises, for the purpose of an investigation of a
relevant offence, by making an application in accordance with the order to a
judge advocate.
(2)
An order under this section may in particular—
(a)
provide for any provision of Schedule 1 to PACE (which relates to
25
applications by constables to judges for access to excluded material or
special procedure material) to apply (with modifications) for the
purposes of the order;
(b)
authorise the use, in connection with any application made by virtue of
the order, of live television or telephone links or similar arrangements.
30
(3)
In this section “relevant residential premises” means—
(a)
service living accommodation; or
(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
35
(iii)
a person who is suspected of having committed the relevant
offence concerned.
(4)
In this section “excluded material”, “special procedure material” and “relevant
offence” are to be read in accordance with section 84(4).
87
Power of CO to authorise entry and search by service policeman
40
(1)
An officer may authorise a service policeman to enter and search premises
within subsection (3) if the officer has reasonable grounds for believing—
(a)
that the conditions mentioned in section 83(1)(b)(i) to (v) are satisfied in
relation to the premises; and

Armed Forces Bill
Part 3 — Powers of Arrest, Search and Entry
Chapter 3 — Powers of Entry, Search and Seizure
41

(b)
that it is likely that the purpose of the search would be frustrated or
seriously prejudiced if no search could be carried out before the time
mentioned in subsection (2).
(2)
That time is the earliest time by which it would be practicable—
(a)
for a service policeman to obtain and execute a warrant under section
5
83 authorising the entry and search of the premises; or
(b)
in a case where a member of a UK police force could obtain a warrant
under section 8 of PACE or any other enactment authorising the entry
and search of the premises, for a member of such a force to obtain and
execute such a warrant.
10
(3)
The premises referred to in subsection (1) are—
(a)
service living accommodation of a person whose commanding officer
is the officer mentioned in that subsection;
(b)
premises occupied as a residence (alone or with other persons) by—
(i)
a person subject to service law whose commanding officer is
15
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).
20
(4)
A person authorised under subsection (1) may seize and retain anything for
which the search under that subsection was authorised; but this is subject to
section 89.
88
Power of CO to authorise entry and search by other persons
(1)
An officer may authorise a person subject to service law (other than a service
25
policeman) to enter and search service living accommodation within
subsection (3) if the officer has reasonable grounds for believing—
(a)
that the conditions mentioned in section 83(1)(b)(i) to (v) are satisfied in
relation to the premises (the reference in section 83(2)(e) to a service
policeman being read as a reference to a person authorised under this
30
subsection); and
(b)
that it is likely that the purpose of the search would be frustrated or
seriously prejudiced if no search could be carried out before the time
mentioned in subsection (2).
(2)
That time is the earliest time by which it would be practicable—
35
(a)
to obtain the assistance of a service policeman; or
(b)
in a case where a member of a UK police force could obtain a warrant
under section 8 of PACE or any other enactment authorising the entry
and search of the premises, for a member of such a force to obtain and
execute such a warrant.
40
(3)
Service living accommodation is within this subsection if it is—
(a)
service living accommodation of a person whose commanding officer
is the officer mentioned in subsection (1); and
(b)
within section 96(1)(b) or (c).
(4)
A person authorised under subsection (1) may seize and retain anything for
45
which the search under that subsection was authorised; but this is subject to
section 89.

Armed Forces Bill
Part 3 — Powers of Arrest, Search and Entry
Chapter 3 — Powers of Entry, Search and Seizure
42

89
Review by judge advocate of certain searches under section 87 or 88
(1)
Where any property has been seized and retained during a search under
section 87 or 88, the officer who authorised the search must as soon as
practicable request a judge advocate to undertake a review of the search and of
the seizure and retention of anything seized and retained during it.
5
(2)
The Secretary of State may by order make provision—
(a)
with respect to the practice and procedure which is to apply in
connection with reviews under this section;
(b)
conferring functions on judge advocates in relation to such reviews.
Entry for purposes of arrest etc
10
90
Entry for purpose of arrest etc by a service policeman
(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—
15
(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;
20
(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
25
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
30
serious damage to property, enter and search any—
(a)
service living accommodation; or
(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;
35
(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.
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(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.