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Continue the Armed Forces Act 2006; to amend that Act and other enactments |
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relating to the armed forces and the Ministry of Defence Police; to amend the |
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Visiting Forces Act 1952; to enable judge advocates to sit in civilian courts; to |
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repeal the Naval Medical Compassionate Fund Act 1915; and for connected |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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Duration of Armed Forces Act 2006 |
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1 | Duration of Armed Forces Act 2006 |
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For section 382 of AFA 2006 (duration of armed forces legislation) substitute— |
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“382 | Duration of this Act |
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(1) | This Act expires at the end of one year beginning with the day on which |
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the Armed Forces Act 2011 is passed (but this is subject to subsection |
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(2) | Her Majesty may by Order in Council provide that, instead of expiring |
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at the time it would otherwise expire, this Act shall expire at the end of |
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a period of not more than one year from that time. |
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(3) | Such an Order may not provide for the continuation of this Act beyond |
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the end of the year 2016. |
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(4) | No recommendation may be made to Her Majesty in Council to make |
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an Order under subsection (2) unless a draft of the Order has been laid |
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before, and approved by resolution of, each House of Parliament.” |
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Armed forces covenant report |
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2 | Armed forces covenant report |
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After section 359 of AFA 2006 insert— |
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“359A | Armed forces covenant report |
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(1) | The Secretary of State must in each calendar year— |
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(a) | prepare an armed forces covenant report; and |
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(b) | lay a copy of the report before Parliament. |
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(2) | An armed forces covenant report is a report about effects of |
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membership, or former membership, of the armed forces on service |
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people, or particular descriptions of such people— |
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(a) | in the fields of healthcare, education and housing; and |
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(b) | in such other fields as the Secretary of State may determine. |
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(3) | In this section “service people” means— |
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(a) | members of the regular forces and the reserve forces; |
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(b) | members of British overseas territory forces who are subject to |
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(c) | former members of any of Her Majesty’s forces who are |
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ordinarily resident in the United Kingdom; and |
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(d) | relevant family members. |
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“British overseas territory force” means any of Her Majesty’s |
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forces that is raised under the law of a British overseas territory; |
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“membership or former membership” of a force, in relation to a |
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person, includes any service in that force that that person is |
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undertaking, undertook or may be expected to be called on to |
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“relevant family members” means such descriptions of persons |
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connected with service members, or with persons who were |
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service members, as the Secretary of State considers should be |
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covered by a report or part of a report; |
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“service member” means a person who falls within any of |
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paragraphs (a) to (c) of subsection (3). |
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(5) | In this section any reference to membership or former membership of |
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the armed forces is to be read, in relation to a person who is— |
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(b) | a relevant family member by reason of connection with a person |
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who is or was a service member, |
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| as a reference to the service member’s membership or former |
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membership of a force mentioned in subsection (3). |
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(6) | In relation to any particular description of service people covered by a |
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report, the reference in subsection (2)(a) to the fields of healthcare, |
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education and housing is to such of those fields as the Secretary of State |
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considers are ones in which people of that description are affected by |
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membership or former membership of the armed forces.” |
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Service Police and Ministry of Defence Police |
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3 | Provost Marshal’s duty in relation to independence of investigations |
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After section 115 of AFA 2006 insert— |
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“Provost Marshal’s duty in relation to independence of investigations |
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115A | Provost Marshal’s duty in relation to independence of investigations |
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(1) | This section applies in relation to each service police force. |
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(2) | The Provost Marshal of the force has a duty, owed to the Defence |
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Council, to seek to ensure that all investigations carried out by the force |
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are free from improper interference. |
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(3) | “Improper interference” includes, in particular, any attempt by a |
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person who is not a service policeman to direct an investigation which |
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is being carried out by the force.” |
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4 | Inspection of service police investigations |
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After section 321 of AFA 2006 insert— |
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Inspection of service police investigations |
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321A | Inspection of service police investigations |
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(1) | Her Majesty’s Inspectors of Constabulary (“the inspectors”) are to inspect, |
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and report to the Secretary of State on, the independence and effectiveness of |
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investigations carried out by each service police force. |
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(2) | In this section “investigations” means investigations of matters where |
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service offences have or may have been committed, and includes |
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investigations outside the United Kingdom. |
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(3) | For the purposes of subsection (1) the inspectors may— |
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(a) | undertake such number of inspections as they think |
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(b) | undertake inspections when they think it appropriate; and |
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(c) | decide which aspects of, or matters related to, investigations by |
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a service police force are to be the subject of a particular |
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| but this is subject to subsection (4). |
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(4) | The Secretary of State may at any time require the inspectors to inspect, |
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and report to the Secretary of State on, any or all of the following— |
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(a) | the independence of investigations carried out by a particular |
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(b) | the effectiveness of such investigations; |
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(c) | a particular aspect of, or matter related to, such investigations. |
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321B | Inspectors’ reports to be laid before Parliament |
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(1) | The Secretary of State must lay before Parliament each report made |
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(2) | The Secretary of State may exclude from a report laid before Parliament |
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under this section any material whose publication, in the Secretary of |
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(a) | would be against the interests of national security; or |
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(b) | might jeopardise the safety of any person.” |
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5 | Provost Marshals: appointment |
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(1) | After section 365 of AFA 2006 insert— |
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365A | Provost Marshals: appointment |
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(1) | No appointment of a person to be Provost Marshal of a service police |
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force may be made except by Her Majesty. |
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(2) | To be eligible for appointment as a Provost Marshal, a person must be |
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6 | Ministry of Defence Police: performance regulations |
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In section 3A of the Ministry of Defence Police Act 1987 (regulations relating to |
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disciplinary matters), in each of subsections (1)(a) and (1A) after “conduct” |
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insert “, efficiency and effectiveness”. |
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Powers of entry, search and seizure |
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7 | Power of judge advocate to authorise entry and search |
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For section 83 of AFA 2006 (power of judge advocate to authorise entry and |
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“83 | Power of judge advocate to authorise entry and search |
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(1) | On an application made by a service policeman, a judge advocate may, |
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if the relevant requirements are met, issue a warrant authorising a |
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service policeman to enter and search— |
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(a) | one or more sets of premises specified in the application; or |
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(b) | any relevant residential premises occupied or controlled by a |
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person specified in the application, including such sets of |
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premises as are so specified. |
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(2) | The relevant requirements are met (subject to subsection (3)) if the |
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judge advocate is satisfied that each set of premises specified in the |
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application is relevant residential premises and that there are |
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reasonable grounds for believing— |
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(a) | that a relevant offence has been committed; |
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(b) | that material which is likely to be of substantial value (whether |
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by itself or together with other material) to the investigation of |
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(i) | in the case of a warrant authorising entry and search of |
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specified premises, on those premises; |
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(ii) | in the case of a warrant authorising entry and search of |
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any relevant residential premises occupied or controlled |
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by a specified person, on one or more sets of such |
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premises occupied or controlled by that person; |
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(c) | that the material would be likely to be admissible in evidence at |
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(d) | that it does not consist of or include items subject to legal |
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privilege, excluded material or special procedure material; and |
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(e) | that at least one of the conditions specified in subsection (4) |
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applies in relation to each set of premises specified in the |
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(3) | If the application is for a warrant authorising entry and search of any |
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relevant residential premises occupied or controlled by a specified |
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person, the judge advocate must also be satisfied— |
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(a) | that, because of the particulars of the offence mentioned in |
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subsection (2)(a), there are reasonable grounds for believing |
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that in order to find the material mentioned in subsection (2)(b) |
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it is necessary to search relevant residential premises that are |
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occupied or controlled by the person in question and are not |
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specified in the application; and |
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(b) | that it is not reasonably practicable to specify in the application |
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all the relevant residential premises that the person occupies or |
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controls and that might need to be searched. |
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(4) | The conditions mentioned in subsection (2)(e) are— |
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(a) | that it is not practicable to communicate with any person |
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entitled to grant entry to the premises; |
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(b) | that it is practicable to communicate with a person entitled to |
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grant entry to the premises, but it is not practicable to |
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communicate with any person entitled to grant access to the |
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(c) | that entry to the premises will not be granted unless a warrant |
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(d) | in the case of service living accommodation within section |
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(i) | that it is not practicable to communicate with the person |
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or (as the case may be) any of the persons for whom the |
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accommodation is provided; or |
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(ii) | that there is no such person with whom it is practicable |
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to communicate who will agree to grant access to the |
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accommodation without the production of a warrant; |
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(e) | that the purpose of a search may be frustrated or seriously |
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prejudiced unless a service policeman arriving at the premises |
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can secure immediate entry to them. |
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(5) | A warrant under this section may authorise entry to and search of |
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premises on more than one occasion if, on the application for the |
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warrant, the judge advocate is satisfied that it is necessary to authorise |
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multiple entries in order to achieve the purpose for which the warrant |
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(6) | If the warrant authorises multiple entries, the number of entries |
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authorised may be unlimited, or limited to a maximum. |
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(7) | A service policeman may seize and retain anything for which a search |
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has been authorised under subsection (1).” |
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8 | Power to make provision about access to excluded material etc |
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(1) | Section 86 of AFA 2006 (power to make provision about access to excluded |
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material etc) is amended as follows. |
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(2) | For subsections (1) and (2) substitute— |
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“(1) | The Secretary of State may by order make provision that enables a |
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service policeman, for the purposes of an investigation of a relevant |
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offence and by making an application to a judge advocate in accordance |
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(a) | to obtain access to excluded material or special procedure |
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material on relevant residential premises; or |
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(b) | to obtain access to material (other than items subject to legal |
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privilege) on premises other than relevant residential premises. |
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(2) | An order under this section (an “enabling order”) may in particular— |
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(a) | so far as it relates to obtaining access to material on relevant |
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residential premises, make provision equivalent to any |
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provision of Schedule 1 to PACE (special procedure for |
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obtaining production orders and warrants); |
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(b) | so far as it relates to obtaining access to material on premises |
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other than relevant residential premises, make provision |
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equivalent to any provision of paragraphs 1 to 11 of that |
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Schedule (special procedure for obtaining production orders); |
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(c) | make provision equivalent to section 311(2) and (3) of this Act |
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(certification to civil court of offences akin to contempt) in |
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relation to a failure by a person within section 309(6) to comply |
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with an order made by a judge advocate under the enabling |
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(d) | authorise the use, in connection with any application made by |
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virtue of the enabling order, of live television or telephone links |
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(2A) | Any power under subsection (2) to make provision which is equivalent |
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to another provision includes power to make provision which is |
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equivalent subject to such modifications as the Secretary of State |
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(3) | For subsection (4) substitute— |
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“(4) | In this section the following expressions have the meanings given by |
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“items subject to legal privilege”; |
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“special procedure material”.” |
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