Valid from 28/03/2009
(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—
(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 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 delivered to the person appearing to the commanding officer to be the owner of the property; or
(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 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 (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 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—
(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 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 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, 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—
(a)belongs to any of Her Majesty's forces; or
(b)is in use for the purposes of any of those forces.
(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 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 for the provision of sleeping accommodation for one or more persons subject to service law; or
(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).
(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.
(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.
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.