Armed Forces Act 2006 (c. 52)

Part 3 U.K. Powers of Arrest, Search and Entry

Modifications etc. (not altering text)

C1 Pt. 3 applied (with modifications) (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 3

Chapter 3 U.K. Powers of Entry, Search and Seizure

Entry for purposes of obtaining evidence etc U.K.

87 Power of CO to authorise entry and search by service policeman U.K.

(1) An officer may authorise a service policeman to enter and search premises within subsection (3) if the officer has reasonable grounds for believing—

[F1 (a) that a relevant offence within the meaning of section 84 has been committed;

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

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

(d) that it does not consist of or include items subject to legal privilege, excluded material or special procedure material (within the meaning given by section 84);

(e) that at least one of the conditions specified in section 83(4) applies; and

(f) that it is likely that the purpose of the search would be frustrated or seriously prejudiced if no search could be carried out before the time mentioned in subsection (2).]

(2) That time is the earliest time by which it would be practicable—

(a) for a service policeman to obtain and execute a warrant under section 83 authorising the entry and search of the premises; or

(b) in a case where a member of a UK police force could obtain a warrant under section 8 of PACE or any other enactment authorising the entry and search of the premises, for a member of such a force to obtain and execute such a warrant.

(3) The premises referred to in subsection (1) are—

(a) service living accommodation of a person whose commanding officer is the officer mentioned in that subsection;

(b) premises occupied as a residence (alone or with other persons) by—

(i) a person subject to service law whose commanding officer is that officer; or

(ii) a civilian subject to service discipline whose commanding officer is that officer;

(c) premises which that officer has reasonable grounds for believing to be within paragraph (b).

(4) A person authorised under subsection (1) may seize and retain anything for which the search under that subsection was authorised; but this is subject to section 89.

Textual Amendments

F1 S. 87(1)(a)-(f) substituted for s. 87(1)(a)(b) (14.12.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 6; S.I. 2012/2921, art. 3(b)

Commencement Information

I1 S. 87 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. 87 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4