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

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2009, ISBN 9780111480021

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This draft Statutory Instrument supersedes the draft laid before Parliament on 5th May 2009 and is being issued free of charge for all known recipients of that draft.

Defence

Made ***

Coming into force 31st October 2009

The Secretary of State makes the following Order in exercise of the powers conferred by sections 74, 81, 84(2)(b), 85, 86, 89(2), 92, 93, 323 and 380 of the Armed Forces Act 2006f1:

Annotations to the whole text

Footnotes

f1

2006 c. 52.

Contents

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Searches
  5. 3Stop and search by a service policeman
  6. 4Record of search by service policeman
  7. 5Searches under section 76 of the Act
  8. 6Access to excluded and special procedure material
  9. 7Application for warrants or orders by live links
  10. 8Search warrants – safeguards
  11. 9Execution of warrants
  12. 10Safeguards and execution of warrants – further provisions
  13. 11Oaths and affirmations
  14. 12Search of premises where person arrested
  15. 13Entry and search after arrest
  16. Part 3: Seizure, copying and retention
  17. 14General power of seizure
  18. 15Extension of powers of seizure to computerised information
  19. 16Access and copying
  20. 17Retention
  21. Part 4: Additional powers of seizure
  22. 18Interpretation
  23. 19Additional powers of seizure from premises
  24. 20Additional powers of seizure from the person
  25. 21Notice of exercise of power under article 19 or 20
  26. 22Examination and return of property seized under article 19 or 20
  27. 23Obligation to return items subject to legal privilege
  28. 24Obligation to return excluded and special procedure material
  29. 25Authorised retention of property
  30. 26Application of article 17 to property seized under this Part
  31. 27Person to whom seized property is to be returned
  32. 28Application to a judge advocate
  33. 29Cases where duty to secure arises
  34. 30The duty to secure
  35. 31Use of inextricably linked property
  36. 32Copies
  37. Part 5: Relevant offences and reviews by judge advocates
  38. 33Relevant offences
  39. 34Review by a judge advocate of searches and seizures under section 87 or 88 of the Act
  40. Part 6: Transitional and transitory provisions
  41. 35Transitional provisions
  42. 36Reference to the Court of Judicature of Northern Ireland
  43. Signature
  44. Schedule 1: EXCLUDED AND SPECIAL PROCEDURE MATERIAL
  45. Making of orders by judge advocates
  46. 1Paragraph 1
  47. 2Paragraph 2
  48. 3Paragraph 3
  49. 4Paragraph 4
  50. 5Paragraph 5
  51. 6Paragraph 6
  52. 7Paragraph 7
  53. Notices of applications for orders
  54. 8Paragraph 8
  55. 9Paragraph 9
  56. 10Paragraph 10
  57. 11Paragraph 11
  58. Issue of warrants by judge advocate
  59. 12Paragraph 12
  60. 13Paragraph 13
  61. 14Paragraph 14
  62. Schedule 2: OATHS AND AFFIRMATIONS
  63. 1Paragraph 1
  64. 2Paragraph 2
  65. 3Paragraph 3
  66. 4Paragraph 4
  67. 5Paragraph 5
  68. 6Paragraph 6
  69. 7Paragraph 7
  70. Schedule 3LIST OF SERVICE OFFENCES THAT ARE RELEVANT OFFENCES
  71. Schedule 4: TRANSITIONAL PROVISIONS
  72. 1Interpretation
  73. 2Stop and search by a service policeman
  74. 3Record of search by service policeman
  75. 4Searches under section 76 of the Act
  76. 5Search warrants – safeguards
  77. 6Execution of warrants
  78. 7Safeguards and execution of warrants – further provisions
  79. 8Search of premises after arrest
  80. 9Seizure, copying and retention
  81. 10Seizure, copying and retention
  82. 11Seizure, copying and retention
  83. 12Additional powers of seizure
  84. 13Notice of exercise of power under article 19 or 20
  85. 14Examination and return of property seized under article 19 or 20
  86. 15Obligation to return items subject to legal privilege
  87. 16Obligation to return excluded and special procedure material
  88. 17Authorised retention of property
  89. 18Application of article 17 to property seized under Part 3
  90. 19Person to whom seized property is to be returned
  91. 20Application to a judge advocate
  92. 21Cases where duty to secure arises
  93. 22The duty to secure
  94. 23Use of inextricably linked property
  95. 24Relevant offences
  96. 25Review by a judge advocate of searches and seizure
  97. Explanatory note