The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009

Review by a judge advocate of searches and seizure

25.—(1) Article 34 is modified as follows.

(2) Where before commencement—

(a) an officer has requested a judicial officer to undertake a review under section 8 of the 2001 Act, and

(b) the judicial officer has not decided whether to make an order for the return or disposal of any of the property to which the review relates,

the review shall be treated as a review under section 89 of the Act and any reference in article 34 to a judge advocate shall include a reference to the judicial officer.

(3) With respect to a review under section 89 of the Act carried out in relation to property seized before commencement—

(a) in article 34(7)(b) the reference to section 87(4) or section 88(4) of the Act includes a reference to section 7(3) of the 2001 Act;

(b) there is inserted at the end of article 34(7)(c) “and none of the conditions specified in section 5(4) of the 2001 Act applied”;

(c) in article 34(7)(d) the reference to a power conferred by article 14 includes a reference to a power conferred by article 14 of the 2003 Order;

(d) in article 34(7)(f) after “judge advocate” there is inserted “or a judicial officer within the meaning of Part 2 of the 2001 Act”;

(e) in article 34(8)—

(i) the reference to property seized during a search under section 87 of the Act includes a reference to property seized during a search by a service policeman under section 7 of the 2001 Act;

(ii) in its sub-paragraph (a) after “in section 87(1)(b)” there is inserted “or section 7(1)(b) of the 2001 Act”; and

(iii) in its sub-paragraph (b) after “in section 87(3) of the Act” there is inserted “or mentioned in sub-paragraph (i) or (ii) of section 7(1)(a) of the 2001 Act;

(f) in article 34(9)—

(i) after “section 88 of the Act” there is inserted “or seized by a person other than a service policeman during a search under section 7 of the 2001 Act”;

(ii) in its sub-paragraph (a) after “in section 88(1)(b)” there is inserted “or section 7(2)(b) of the 2001 Act”; and

(iii) in its sub-paragraph (b) after “in section 88(3) of the Act” there is inserted “or within section 7(2)(a) of the 2001 Act”;

(g) in article 34(11) in the definitions of “authorising officer” and “retention” after “section 87 or 88 of the Act” there is inserted “or under section 7 of the 2001 Act”;

(h) in article 34(12)—

(i) in its sub-paragraph (a) the reference to section 96(1)(a) of the Act includes a reference to section 15(1)(a) of the 2001 Act;

(ii) in its sub-paragraph (b) the reference to section 96(1)(b) of the Act includes a reference to section 15(1)(b) of the 2001 Act;

(iii) in its sub-paragraph (c) the reference to section 96(1)(c) of the Act includes a reference to section 15(1)(c) of the 2001 Act.