Armed Forces Act 2006

Valid from 28/03/2009

83 Power of judge advocate to authorise entry and search U.K.

(1) A judge advocate may issue a warrant authorising a service policeman to enter and search premises if—

(a) an application for the warrant, specifying the premises, is made by a service policeman; and

(b) the judge advocate is satisfied that the premises are relevant residential premises and that there are reasonable grounds for believing—

(i) that a relevant offence has been committed;

(ii) that there is on the premises material which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence;

(iii) that the material would be likely to be admissible in evidence at a trial for the offence;

(iv) that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and

(v) that any of the conditions mentioned in subsection (2) applies.

(2) Those conditions are—

(a) that it is not practicable to communicate with any person entitled to grant entry to the premises;

(b) that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;

(c) that entry to the premises will not be granted unless a warrant is produced;

(d) in the case of service living accommodation within section 96(1)(b) or (c)—

(i) that it is not practicable to communicate with the person or (as the case may be) any of the persons for whom the accommodation is provided; or

(ii) that there is no such person with whom it is practicable to communicate who will agree to grant access to the accommodation without the production of a warrant;

(e) that the purpose of a search may be frustrated or seriously prejudiced unless a service policeman arriving at the premises can secure immediate entry to them.

(3) A service policeman may seize and retain anything for which a search has been authorised under subsection (1).