Armed Forces Act 2006

88 Power of CO to authorise entry and search by other persons U.K.

(1) An officer may authorise a person subject to service law (other than a service policeman) to enter and search service living accommodation 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 (the reference in section 83(4)(e) to a service policeman being read as a reference to a person authorised under this subsection); 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) to obtain the assistance of a service policeman; 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) Service living accommodation is within this subsection if it is—

(a) service living accommodation of a person whose commanding officer is the officer mentioned in subsection (1); and

(b) within section 96(1)(b) or (c).

(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. 88(1)(a)-(f) substituted for s. 88(1)(a)(b) (14.12.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 7; S.I. 2012/2921, art. 3(b)

Commencement Information

I1 S. 88 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. 88 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4