The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009
Draft 2009, ISBN 9780111480021
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
Contents
- Part 1: Preliminary
- 1Citation and commencement
- 2Interpretation
- Part 2: Searches
- 3Stop and search by a service policeman
- 4Record of search by service policeman
- 5Searches under section 76 of the Act
- 6Access to excluded and special procedure material
- 7Application for warrants or orders by live links
- 8Search warrants – safeguards
- 9Execution of warrants
- 10Safeguards and execution of warrants – further provisions
- 11Oaths and affirmations
- 12Search of premises where person arrested
- 13Entry and search after arrest
- Part 3: Seizure, copying and retention
- 14General power of seizure
- 15Extension of powers of seizure to computerised information
- 16Access and copying
- 17Retention
- Part 4: Additional powers of seizure
- 18Interpretation
- 19Additional powers of seizure from premises
- 20Additional powers of seizure from the person
- 21Notice of exercise of power under article 19 or 20
- 22Examination and return of property seized under article 19 or 20
- 23Obligation to return items subject to legal privilege
- 24Obligation to return excluded and special procedure material
- 25Authorised retention of property
- 26Application of article 17 to property seized under this Part
- 27Person to whom seized property is to be returned
- 28Application to a judge advocate
- 29Cases where duty to secure arises
- 30The duty to secure
- 31Use of inextricably linked property
- 32Copies
- Part 5: Relevant offences and reviews by judge advocates
- 33Relevant offences
- 34Review by a judge advocate of searches and seizures under section 87 or 88 of the Act
- Part 6: Transitional and transitory provisions
- 35Transitional provisions
- 36Reference to the Court of Judicature of Northern Ireland
- Signature
- Schedule 1: EXCLUDED AND SPECIAL PROCEDURE MATERIAL
- Making of orders by judge advocates
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Notices of applications for orders
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Issue of warrants by judge advocate
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Schedule 2: OATHS AND AFFIRMATIONS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Schedule 3LIST OF SERVICE OFFENCES THAT ARE RELEVANT OFFENCES
- Schedule 4: TRANSITIONAL PROVISIONS
- 1Interpretation
- 2Stop and search by a service policeman
- 3Record of search by service policeman
- 4Searches under section 76 of the Act
- 5Search warrants – safeguards
- 6Execution of warrants
- 7Safeguards and execution of warrants – further provisions
- 8Search of premises after arrest
- 9Seizure, copying and retention
- 10Seizure, copying and retention
- 11Seizure, copying and retention
- 12Additional powers of seizure
- 13Notice of exercise of power under article 19 or 20
- 14Examination and return of property seized under article 19 or 20
- 15Obligation to return items subject to legal privilege
- 16Obligation to return excluded and special procedure material
- 17Authorised retention of property
- 18Application of article 17 to property seized under Part 3
- 19Person to whom seized property is to be returned
- 20Application to a judge advocate
- 21Cases where duty to secure arises
- 22The duty to secure
- 23Use of inextricably linked property
- 24Relevant offences
- 25Review by a judge advocate of searches and seizure
- Explanatory note