The Armed Forces (Disposal of Property) Regulations 2023

Disposal of property by order of judge advocate

3.—(1) Where—

(a) any property has come into the possession of the service police or a person's commanding officer in connection with the investigation of a service offence and—

(i) the Director of Service Prosecutions has directed a charge to be allocated for disposal in the Court Martial or Service Civilian Court, or

(ii) a notice of appeal to the Summary Appeal Court has been served on the person's commanding officer,

and

(b) an application for an order under paragraph (2) has been sent to the court administration officer,

a judge advocate may make an order under paragraph (2).

(2) A judge advocate may—

(a) make an order for the delivery of the property to the person appearing to the judge advocate to be the owner of the property, or

(b) if the owner cannot be ascertained or disclaims their rights in the property, make such order for the disposal of the property, including its destruction, retention or sale, as the judge advocate considers appropriate.

(3) An application under paragraph (1)(b) may be made by—

(a) a service policeman, where the service police are in possession of the property,

(b) a commanding officer in possession of the property,

(c) a person claiming to be the owner of the property, or

(d) a person in whose possession the property was before it was seized.

(4) Before making—

(a) any order, a judge advocate must invite the service police or commanding officer in possession of the property to make representations concerning delivery of the property to the person appearing to be the owner or disposal of the property;

(b) an order for the destruction or sale of the property, a judge advocate must invite any person or persons mentioned in paragraph 3(c) or (d) to make representations concerning retention of the property concerned.

(5) Where an order is made under paragraph (2), the court administration officer must send a copy of it to—

(a) the person who applied for the order;

(b) the person appearing to the judge advocate to be the owner of the property (unless that person is the applicant);

(c) the service police or the commanding officer in possession of the property (unless a service policeman or that commanding officer, as the case may be, is the applicant).

(6) An order made under paragraph (2) cannot take effect until the time limit for an appeal under regulation 10 has expired with no appeal being made, or where an appeal has been made under that regulation, until the appeal has been determined.

(7) Where an order is made under paragraph (2), it does not affect the right of any person to take proceedings for the recovery of that property, but on the expiration of six months from the date of the order, that right ceases.