Armed Forces Act 2006

84 Section 83: definitions U.K.

(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;

(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).

[F1 (2A) In subsection (2)(a), the reference to an “indictable offence” has effect as if it included a reference to low-value shoplifting (as defined in section 22A(3) of the Magistrates' Courts Act 1980).]

(3) “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

(iii) a person who is suspected of having committed an offence in 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—

(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;

(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;

(f) serious financial loss to any person;

(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 circumstances) it is serious for the person who suffers it.

Textual Amendments

F1 S. 84(2A) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 176(7), 185(1) (with ss. 8, 21, 33, 42, 58, 75, 93, 176(8)); S.I. 2014/949, art. 3, Sch. para. 17

Commencement Information

I1 S. 84 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2 S. 84 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4