|
| |
|
91 | Entry for purpose of arrest etc by other persons |
| |
(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 |
| |
| 5 |
| |
(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 |
| 10 |
| |
(ii) | a civilian subject to service discipline whose commanding |
| |
| |
(c) | premises which that officer has reasonable grounds for believing to be |
| |
| 15 |
(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 |
| 20 |
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 |
| |
| 25 |
(ii) | discipline or morale among members of any of Her Majesty’s |
| |
forces might be undermined. |
| |
| |
(a) | the assistance of a service policeman, or |
| |
(b) | in a case where corresponding powers conferred by section 17(1)(b) or |
| 30 |
(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 |
| 35 |
powers conferred by section 90(4) on a service policeman; but this is subject to |
| |
| |
(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 |
| 40 |
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. |
| |
|
| |
|
| |
|
Additional powers of entry, search and seizure |
| |
92 | Power to make provision conferring powers of entry and search after arrest |
| |
The Secretary of State may by order make provision, in relation to premises |
| |
occupied or controlled by a person who— |
| |
(a) | has been arrested under section 67, and |
| 5 |
(b) | is being held in service custody without being charged with a service |
| |
| |
which is equivalent to that made by any provision of section 18 of PACE (entry |
| |
and search after arrest), subject to such modifications as the Secretary of State |
| |
| 10 |
93 | Power to make provision conferring power of seizure etc |
| |
The Secretary of State may by order make provision, in relation to— |
| |
(a) | a service policeman who, in connection with the investigation of a |
| |
service offence, is lawfully on premises which are searchable by virtue |
| |
| 15 |
(b) | any power of seizure or retention conferred by or under this Part, |
| |
which is equivalent to that made by any provision of sections 19 to 21 of PACE |
| |
(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 |
| |
| 20 |
| |
| |
94 | Property in possession of service police or CO |
| |
(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 |
| 25 |
or a person’s commanding officer in connection with the investigation of a |
| |
| |
(2) | The regulations may in particular— |
| |
(a) | enable the Court Martial, the Service Civilian Court or a judge advocate |
| |
to make an order for the delivery of the property to the person |
| 30 |
appearing to the court or judge advocate 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 judge advocate considers |
| |
| |
(b) | enable the commanding officer of a person charged with a service |
| 35 |
| |
(i) | to determine that any property seized under this Part in |
| |
connection with the investigation of a service offence should be |
| |
delivered to the person appearing to the commanding officer to |
| |
be the owner of the property; or |
| 40 |
(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; |
| |
(c) | enable the commanding officer of a person— |
| |
|
| |
|
| |
|
(i) | in whose possession the property was before it was seized |
| |
| |
(ii) | who claims to be the owner of the property, |
| |
| to determine that it should be delivered to that person; |
| |
(d) | make provision as to appeals against orders made by virtue of |
| 5 |
paragraph (a) and determinations made by virtue of paragraph (b) or |
| |
| |
(e) | provide that, at the end 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. |
| 10 |
(3) | A determination made by virtue of subsection (2)(b) or (c) does not affect the |
| |
right of any person to recover any property delivered in pursuance of the |
| |
determination from the person to whom it is delivered. |
| |
| |
(1) | Nothing in this Part affects— |
| 15 |
(a) | any power of a service policeman or commanding officer to enter and |
| |
search, or order the entry and search of, premises which are occupied |
| |
for the purposes of any of Her Majesty’s forces, to the extent that the |
| |
premises do not constitute service living accommodation; |
| |
(b) | any power of a commanding officer, otherwise than in connection with |
| 20 |
the investigation of a service offence or the exercise of any power of |
| |
arrest, to enter and search, or order the entry and search of, service |
| |
| |
(c) | any power of a commanding officer, otherwise than in connection with |
| |
the investigation of a service offence or the exercise of any power of |
| 25 |
arrest, to search, or order the search of, a person or to stop and search, |
| |
or order the stop and search of, a service vehicle; or |
| |
(d) | any power of a service policeman or commanding officer to search, or |
| |
order the search of, a service vehicle which is not in the charge of any |
| |
| 30 |
(2) | In subsection (1) “service vehicle” means a vehicle, ship or aircraft which— |
| |
(a) | belongs to any of Her Majesty’s forces; or |
| |
(b) | is in use for the purposes of any of those forces. |
| |
96 | “Service living accommodation”, “premises” and other definitions |
| |
(1) | In this Part “service living accommodation” means (subject to subsection (2))— |
| 35 |
(a) | any building or part of a building which is occupied for the purposes of |
| |
any of Her Majesty’s forces but is provided for the exclusive use of a |
| |
person subject to service law, or of such a person and members of his |
| |
family, as living accommodation or as a garage; |
| |
(b) | any other room, structure or area (whether on land or on a ship) which |
| 40 |
is occupied for the purposes of any of Her Majesty’s forces and is used |
| |
for the provision of sleeping accommodation for one or more persons |
| |
subject to service law; or |
| |
| |
(i) | is provided by any of Her Majesty’s forces for personal use by a |
| 45 |
person subject to service law in connection with his sleeping |
| |
| |
|
| |
|
| |
|
(ii) | is not in a room, structure or area falling within paragraph (b). |
| |
(2) | Premises are not service living accommodation for the purposes of this Part if, |
| |
or to the extent that, they are being used for keeping persons in service custody. |
| |
(3) | In this Part “premises” includes any place and, in particular, includes— |
| |
(a) | any vehicle, ship or aircraft; and |
| 5 |
(b) | any tent or movable structure. |
| |
(4) | In this Part “enactment” includes any provision of— |
| |
(a) | an Act of the Scottish Parliament or Northern Ireland legislation, or |
| |
(b) | an instrument made under such an Act or under Northern Ireland |
| |
| 10 |
| and also includes any rule of law in Scotland. |
| |
97 | Power to use reasonable force |
| |
Where a power is conferred on any person by or under this Part, he may use |
| |
reasonable force, if necessary, in the exercise of the power. |
| |
| 15 |
| |
| |
| |
98 | Limitations on custody without charge |
| |
(1) | Except in accordance with sections 99 to 102, a person arrested under section |
| 20 |
67 may not be kept in service custody without being charged with a service |
| |
| |
(2) | If at any time the commanding officer of a person who is kept in service |
| |
custody without being charged with a service offence— |
| |
(a) | becomes aware that the grounds for keeping that person in service |
| 25 |
custody have ceased to apply, and |
| |
(b) | is not aware of any other grounds on which continuing to keep that |
| |
person in service custody could be justified under this Act, |
| |
| the commanding officer must, subject to subsection (3), order his immediate |
| |
release from service custody. |
| 30 |
(3) | A person who appears to his commanding officer to have been unlawfully at |
| |
large when he was arrested may not be released under subsection (2). |
| |
(4) | Section 299(4) (cases where persons temporarily released from service |
| |
detention are unlawfully at large) applies for the purposes of this section. |
| |
99 | Authorisation by commanding officer of custody without charge |
| 35 |
(1) | Where a person is arrested under section 67— |
| |
| |
(b) | any grounds on which he is being kept in service custody without being |
| |
charged with a service offence, |
| |
|
| |
|
| |
|
| must be reported as soon as practicable to his commanding officer. |
| |
(2) | Until such a report is made, the person may be kept in service custody without |
| |
being charged with a service offence, but only if the person who made the |
| |
arrest has reasonable grounds for believing that keeping him in service |
| |
custody without being charged is necessary— |
| 5 |
(a) | to secure or preserve evidence relating to a service offence for which he |
| |
| |
(b) | to obtain such evidence by questioning him. |
| |
(3) | After receiving a report under subsection (1), the commanding officer must as |
| |
soon as practicable determine— |
| 10 |
(a) | whether the requirements of subsection (4) are satisfied; and |
| |
(b) | if so, whether to exercise his powers under that subsection; |
| |
and the person to whom the report relates may be kept in service custody for |
| |
such period as is necessary to enable the commanding officer to make that |
| |
| 15 |
(4) | If, in relation to the person to whom the report relates, the commanding officer |
| |
has reasonable grounds for believing— |
| |
(a) | that keeping him in service custody without being charged with a |
| |
service offence is necessary to secure or preserve evidence relating to a |
| |
service offence for which he is under arrest or to obtain such evidence |
| 20 |
| |
(b) | that the investigation is being conducted diligently and expeditiously, |
| |
| he may authorise the keeping of that person in service custody. |
| |
(5) | Subject to subsection (6), an authorisation under subsection (4) ends not more |
| |
than 12 hours after it is given. |
| 25 |
(6) | Except in accordance with section 101 or 102, a person may not be kept in |
| |
service custody later than 48 hours after the arrest without being charged with |
| |
| |
(7) | Where a person, while kept in service custody without being charged with a |
| |
service offence, is arrested under section 67 for another service offence— |
| 30 |
(a) | subsections (1) to (5) apply in relation to the arrest for that other offence; |
| |
(b) | the reference in subsections (2)(a) and (4)(a) to a service offence for |
| |
which he is under arrest includes the service offence for which he was |
| |
| |
(c) | the reference in subsection (6) to the arrest is to be read as a reference to |
| 35 |
the arrest for the service offence for which he was originally arrested; |
| |
| |
(d) | the last authorisation under subsection (4) (if any) given in relation to |
| |
him ceases to have effect (and accordingly section 100 ceases to apply |
| |
in relation to that authorisation). |
| 40 |
100 | Review of custody by commanding officer |
| |
(1) | The commanding officer of a person kept in service custody in accordance with |
| |
section 99 must, subject to subsections (3) and (4), review the keeping of that |
| |
person in service custody not later than the end of the period for which it is |
| |
| 45 |
|
| |
|
| |
|
(2) | Subsections (4) and (5) of section 99 apply on each review under this section as |
| |
they apply where a report is received under section 99(1). |
| |
(3) | A review may be postponed if, having regard to all the circumstances |
| |
prevailing at the expiry of the last authorisation under section 99(4), it is not |
| |
practicable to carry out the review at that time. |
| 5 |
(4) | A review may also be postponed if at the expiry of the last authorisation under |
| |
| |
(a) | the person in service custody is being questioned and the commanding |
| |
officer is satisfied that an interruption of the questioning for the |
| |
purpose of carrying out the review would prejudice the investigation |
| 10 |
in connection with which the person is being questioned; or |
| |
(b) | the commanding officer is not readily available. |
| |
(5) | Subsection (4) does not limit the power to postpone under subsection (3). |
| |
(6) | If a review is postponed under subsection (3) or (4)— |
| |
(a) | it must be carried out as soon as practicable after the expiry of the last |
| 15 |
authorisation under section 99(4); and |
| |
(b) | the keeping in service custody of the person to whom the review relates |
| |
is by virtue of this paragraph authorised until that time. |
| |
101 | Extension by judge advocate of custody without charge |
| |
(1) | If, on an application by the commanding officer of a person arrested under |
| 20 |
section 67, a judge advocate is satisfied that there are reasonable grounds for |
| |
believing that the continued keeping of that person in service custody is |
| |
justified, the judge advocate may by order authorise the keeping of that person |
| |
| |
(2) | A judge advocate may not hear an application under this section unless the |
| 25 |
person to whom it relates— |
| |
(a) | has been informed in writing of the grounds for the application; and |
| |
(b) | has been brought before him for the hearing. |
| |
(3) | The person to whom the application relates is entitled to be legally represented |
| |
at the hearing and, if he is not so represented but wishes to be so represented— |
| 30 |
(a) | the judge advocate must adjourn the hearing to enable him to obtain |
| |
| |
(b) | he may be kept in service custody during the adjournment. |
| |
(4) | The period for which a judge advocate, on an application under this section, |
| |
may authorise the keeping of a person in service custody is such period, ending |
| 35 |
not more than 96 hours after the arrest, as he considers appropriate having |
| |
regard to the evidence before him. |
| |
(5) | Where a person, while kept in service custody without being charged with a |
| |
service offence, is arrested under section 67 for another service offence, the |
| |
reference in subsection (4) to the arrest is to be read as a reference to the arrest |
| 40 |
for the service offence for which he was originally arrested. |
| |
(6) | For the purposes of this section and section 102, the continued keeping of a |
| |
person in service custody is justified only if— |
| |
(a) | keeping him in custody without being charged with a service offence is |
| |
necessary to secure or preserve evidence relating to a service offence for |
| 45 |
|
| |
|
| |
|
which he is under arrest or to obtain such evidence by questioning him; |
| |
| |
(b) | the investigation is being conducted diligently and expeditiously. |
| |
102 | Further provision about applications under section 101 |
| |
(1) | Subject to subsection (2), an application under section 101 may be made— |
| 5 |
(a) | at any time before the end of 48 hours after the arrest; or |
| |
(b) | if it is not practicable for the application to be heard before the end of |
| |
that period, as soon as practicable thereafter but not more than 96 hours |
| |
| |
(2) | Where subsection (1)(b) applies, an authorisation on a review under section |
| 10 |
100 may be for a period ending more than 48 hours after the arrest, but may not |
| |
| |
(a) | for a period of more than six hours; or |
| |
(b) | for a period ending more than 96 hours after the arrest. |
| |
| 15 |
(a) | an application under section 101 is made more than 48 hours after the |
| |
| |
(b) | it appears to the judge advocate that it would have been reasonable for |
| |
the commanding officer to make the application before the end of that |
| |
| 20 |
the judge advocate must refuse the application. |
| |
(4) | Where on an application under section 101 relating to any person the judge |
| |
advocate is not satisfied that there are reasonable grounds for believing that the |
| |
continued keeping of that person in service custody is justified, he must— |
| |
(a) | refuse the application; or |
| 25 |
(b) | adjourn the hearing of it until a time not later than 48 hours after the |
| |
| |
(5) | The person to whom the application relates may be kept in service custody |
| |
| |
(6) | Where a judge advocate refuses an application under section 101 at any time |
| 30 |
less than 48 hours after the arrest, he may direct that the person to whom it |
| |
relates must, without delay, be charged with a service offence or released from |
| |
| |
(7) | Where a judge advocate refuses an application under section 101 at any later |
| |
time, he must direct that the person to whom it relates must, without delay, be |
| 35 |
charged with a service offence or released from service custody. |
| |
(8) | Where a person, while kept in service custody without being charged with a |
| |
service offence, is arrested under section 67 for another service offence, any |
| |
reference in this section to the arrest is to be read as a reference to the arrest for |
| |
the service offence for which he was originally arrested. |
| 40 |
103 | Custody without charge: other cases |
| |
Sections 98 to 102 apply— |
| |
(a) | where a person is transferred to or taken into service custody under |
| |
| |
|
| |
|