Part 2Powers of entry, search and seizure
Entry and search of premises
7Power of commanding officer to authorise entry and search of certain premises
1
If an officer has reasonable grounds for believing—
a
that the conditions specified in paragraphs (a) to (e) of section 5(1) are satisfied in relation to—
i
service living accommodation of a person as respects whom the officer is commanding officer, or
ii
other premises occupied as a residence (alone or with other persons) by a person who is subject to service law and as respects whom the officer is commanding officer, and
b
that it is likely that, if no search could be carried out before the earliest time by which it would be practicable—
i
for a service policeman to obtain and execute a warrant under section 5 authorising the entry and search of the premises, or
ii
in a case where a member of a United Kingdom police force could obtain a warrant under section 8 of the 1984 Act or any other enactment authorising the entry and search of the premises, for a member of such a force to obtain such a warrant,
the purpose of the search would be frustrated or seriously prejudiced,
the officer may authorise a service policeman or, subject to subsection (2), any other member of Her Majesty’s forces to enter and search the premises.
2
An officer may not authorise a person other than a service policeman to exercise the powers conferred by subsection (1) unless—
a
the premises to be searched consist of service living accommodation falling within section 15(1)(b) or (c), and
b
it is likely that, if no search could be carried out before the earliest time by which it would be practicable to obtain the assistance of a service policeman, the purpose of the search would be frustrated or seriously prejudiced.
3
Subject to section 8, a person authorised under subsection (1) may seize and retain anything for which the search under this section was authorised.