The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) (Amendment) Order 2012

Section 83 of the Armed Forces Act 2006 (c. 52) enables a judge advocate to issue a warrant authorising the entry and search by a service policeman of “relevant residential premises” (defined by section 84(3)). A new section 83 is substituted by section 7 of the Armed Forces Act 2011 (c.18). It provides for the issue of a warrant (referred to in this Order as an “unspecified premises warrant”) to enter and search relevant residential premises which are not specified in the application for the warrant but are occupied or controlled by a person so specified. Section 85 of the 2006 Act permits the making of provision, in relation to warrants issued under section 83 or to entry and search under such a warrant, equivalent to that made by sections 15 and 16 of the Police and Criminal Evidence Act 1984 (c.60) (“PACE”) in relation to search warrants issued to constables. Articles 8 and 9 of the Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009 (S.I. 2009/2056) make provision broadly equivalent to sections 15 and 16 of PACE respectively, but do not provide for unspecified premises warrants (referred to in PACE as “all premises warrants”). Articles 4 to 6 of this Order amend articles 8 to 10 of the 2009 Order so as to make such provision, and article 3 inserts a definition of “unspecified premises warrant”.