The Armed Forces (Disposal of Property) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations deal with the disposal of property which has been acquired by the service police or a person’s commanding officer during the investigation of an offence.

The Regulations enable a judge advocate to order the return of property to the person appearing to be the owner of it or, if the owner cannot be found, to order its disposal as appropriate (including retention by the police, its sale or destruction).

The commanding officer of a person charged with a service offence may determine that property is to be returned to the person appearing to be the owner or, if the owner cannot be found, determine that it is to be delivered to the service police for disposal as appropriate.

In other circumstances, for example where no one has been charged with a service offence, a commanding officer may determine that property is to be returned to the person claiming to be the owner of it or to the person in whose possession the property was before it was seized.

Where it is proposed to make an order or determination for sale or destruction of property a judge advocate or commanding officer, as appropriate, must invite representations from interested persons concerning the retention of the property and any order or determination shall not take effect until the time limit for an appeal under these Regulations has expired with no appeal being made.

Time limits are established after which a decision on disposal by a judge advocate cannot be challenged in civil proceedings but such limits are not applied where a decision on disposal is made by a commanding officer.

A decision made by a commanding officer under these Regulations may be appealed to a judge advocate who can make an appropriate order in respect of the property.