Armed Forces Bill

House of Commons

Session 2005 - 06
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Armed Forces Bill

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

87
Power of CO to authorise entry and search by service policeman
(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
5
(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
10
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.
15
(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
20
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).
25
(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
30
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
35
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—
40
(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.
45
(3)
Service living accommodation is within this subsection if it is—

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

(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
which the search under that subsection was authorised; but this is subject to
5
section 89.
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
10
the seizure and retention of anything seized and retained during it.
(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.
15
Entry for purposes of arrest etc
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.
20
(2)
The premises referred to in subsection (1) are—
(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
25
(iii)
the person to be arrested;
(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—
30
(a)
any parts of the premises which the occupiers of any dwelling
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.
35
(4)
A service policeman may, for the purpose of saving life or limb or preventing
serious damage to property, enter and search any—
(a)
service living accommodation;
(b)
premises occupied as a residence (alone or with other persons) by—
(i)
a person subject to service law; or
40
(ii)
a civilian subject to service discipline; or
(c)
premises which the service policeman has reasonable grounds for
believing to be within paragraph (b).

Armed Forces Bill
Part 3 — Powers of Arrest, Search and Entry
Chapter 3 — Powers of Entry, Search and Seizure
43

(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.
(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.
5
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
subsection (3).
10
(2)
The premises are—
(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
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
(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
25
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
others; or
30
(ii)
discipline or morale among members of any of Her Majesty’s
forces might be undermined.
(4)
That assistance is—
(a)
the assistance of a service policeman, or
(b)
in a case where corresponding powers conferred by section 17(1)(b) or
35
(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
40
powers conferred by section 90(4) on a service policeman; but this is subject to
subsection (6).
(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
45
or limb or prevent serious damage to property.

Armed Forces Bill
Part 3 — Powers of Arrest, Search and Entry
Chapter 4 — Supplementary
44

(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
5
occupied or controlled by a person who—
(a)
has been arrested under section 67, and
(b)
is being held in service custody without being charged with a service
offence,
which is equivalent to that made by any provision of section 18 of PACE (entry
10
and search after arrest), subject to such modifications as the Secretary of State
considers appropriate.
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
15
service offence, is lawfully on premises which are searchable by virtue
of this Part, or
(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
20
property seized), subject to such modifications as the Secretary of State
considers appropriate.
Chapter 4
Supplementary
94
Property in possession of service police or CO
25
(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 a
service offence.
(2)
The regulations may in particular—
30
(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
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
35
appropriate;
(b)
enable the commanding officer of a person charged with a service
offence—
(i)
to determine that any property seized under this Part in
connection with the investigation of a service offence should be
40
delivered to the person appearing to the commanding officer to
be the owner of the property; or

Armed Forces Bill
Part 3 — Powers of Arrest, Search and Entry
Chapter 4 — Supplementary
45

(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
5
under this Part, or
(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
paragraph (a) and determinations made by virtue of paragraph (b) or
10
(c); and
(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.
(3)
A determination made by virtue of subsection (2)(b) or (c) does not affect the
15
right of any person to recover any property delivered in pursuance of the
determination from the person to whom it is delivered.
95
Saving provision
(1)
Nothing in this Part affects—
(a)
any power of a service policeman or commanding officer to enter and
20
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
the investigation of a service offence or the exercise of any power of
25
arrest, to enter and search, or order the entry and search of, service
living accommodation;
(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
arrest, to search, or order the search of, a person or to stop and search,
30
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
person.
(2)
In subsection (1) “service vehicle” means a vehicle, ship or aircraft which—
35
(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))—
(a)
any building or part of a building which is occupied for the purposes of
40
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
is occupied for the purposes of any of Her Majesty’s forces and is used
45
for the provision of sleeping accommodation for one or more persons
subject to service law; or

Armed Forces Bill
Part 4 — Custody
Chapter 1 — Custody without Charge
46

(c)
any locker which—
(i)
is provided by any of Her Majesty’s forces for personal use by a
person subject to service law in connection with his sleeping
accommodation, but
(ii)
is not in a room, structure or area falling within paragraph (b).
5
(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
(b)
any tent or movable structure.
10
(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
legislation,

and also includes any rule of law in Scotland.
15
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.
Part 4
Custody
20
Chapter 1
Custody without Charge
98
Limitations on custody without charge
(1)
Except in accordance with sections 99 to 102, a person arrested under section
67 may not be kept in service custody without being charged with a service
25
offence.
(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
custody have ceased to apply, and
30
(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.
(3)
A person who appears to his commanding officer to have been unlawfully at
35
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.