79 Sections 75 and 76: limitation on searching persons or vehicles in certain gardens etc
(1) Subsection (2) applies if a person (“A”) is in a garden or yard, or on other land, occupied with and used for the purposes of—
(a) a dwelling; or
(b) any service living accommodation within section 96(1)(a).
(2) A person (“B”) may not by virtue of section 78(a) or (b) search A in the exercise of the power conferred by section 75 or 76 unless B has reasonable grounds for believing—
(a) that A does not reside in the dwelling or service living accommodation; and
(b) that A is not in the place in question with the express or implied permission of a person who resides in the dwelling or service living accommodation.
(3) Subsection (4) applies if a vehicle is in a garden or yard, or on other land, occupied with and used for the purposes of—
(a) a dwelling; or
(b) any service living accommodation within section 96(1)(a).
(4) A person may not by virtue of section 78(a) or (b) search the vehicle or anything in or on it in the exercise of the power conferred by section 75 or 76 unless he has reasonable grounds for believing—
(a) that the person in charge of the vehicle does not reside in the dwelling or service living accommodation; and
(b) that the vehicle is not in the place in question with the express or implied permission of a person who resides in the dwelling or service living accommodation.
(5) In this section “dwelling” does not include any dwelling which is permanently or temporarily occupied or controlled for the purposes of any of Her Majesty's forces.
80 Searches under sections 75 and 76: supplementary
(1) The time for which a person or vehicle may be detained for the purposes of a search under section 75 or 76 is such time as is reasonably required to permit a search to be carried out either at the place where the person or vehicle was first detained or nearby.
(2) Nothing in section 75 or 76 authorises anyone to require a person to remove any of his clothing in public other than an outer coat, jacket, headgear or gloves.
(3) The reference in subsection (2) to headgear does not include headgear worn for religious purposes.
(4) Nothing in this Chapter limits the powers exercisable on any premises if, or to the extent that, the premises are being used for keeping persons in service custody.
81 Power to make further provision about searches under sections 75 and 76
The Secretary of State may by order make provision, in relation to the search of persons or vehicles under section 75 or 76, which is equivalent to that made by any provision of—
(a) section 2(1) to (7) and (9)(b) of PACE (provisions relating to search under section 1 of that Act and other powers), and
(b) section 3 of PACE (duty to make records concerning searches),
subject to such modifications as the Secretary of State considers appropriate.
83 Power of judge advocate to authorise entry and search
(1) On an application made by a service policeman, a judge advocate may, if the relevant requirements are met, issue a warrant authorising a service policeman to enter and search—
(a) one or more sets of premises specified in the application; or
(b) any relevant residential premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified.
(2) The relevant requirements are met (subject to subsection (3)) if the judge advocate is satisfied that each set of premises specified in the application is relevant residential premises and that there are reasonable grounds for believing—
(a) that a relevant offence has been committed;
(b) that material which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence is—
(i) in the case of a warrant authorising entry and search of specified premises, on those premises;
(ii) in the case of a warrant authorising entry and search of any relevant residential premises occupied or controlled by a specified person, on one or more sets of such premises occupied or controlled by that person;
(c) that the material would be likely to be admissible in evidence at a trial for the offence;
(d) that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and
(e) that at least one of the conditions specified in subsection (4) applies in relation to each set of premises specified in the application.
(3) If the application is for a warrant authorising entry and search of any relevant residential premises occupied or controlled by a specified person, the judge advocate must also be satisfied—
(a) that, because of the particulars of the offence mentioned in subsection (2)(a), there are reasonable grounds for believing that in order to find the material mentioned in subsection (2)(b) it is necessary to search relevant residential premises that are occupied or controlled by the person in question and are not specified in the application; and
(b) that it is not reasonably practicable to specify in the application all the relevant residential premises that the person occupies or controls and that might need to be searched.
(4) The conditions mentioned in subsection (2)(e) are—
(a) that it is not practicable to communicate with any person entitled to grant entry to the premises;
(b) that it is practicable to communicate with a person entitled to grant entry to the premises, but it is not practicable to communicate with any person entitled to grant access to the evidence;
(c) that entry to the premises will not be granted unless a warrant is produced;
(d) in the case of service living accommodation within section 96(1)(b) or (c)—
(i) that it is not practicable to communicate with the person or (as the case may be) any of the persons for whom the accommodation is provided; or
(ii) that there is no such person with whom it is practicable to communicate who will agree to grant access to the accommodation without the production of a warrant;
(e) that the purpose of a search may be frustrated or seriously prejudiced unless a service policeman arriving at the premises can secure immediate entry to them.
(5) A warrant under this section may authorise entry to and search of premises on more than one occasion if, on the application for the warrant, the judge advocate is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the warrant is issued.
(6) If the warrant authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.
(7) A service policeman may seize and retain anything for which a search has been authorised under subsection (1).
(1) Subsections (2) to (4) apply for the purposes of section 83.
(2) “Relevant offence” means any of the following—
(a) an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an indictable offence;
(b) a service offence specified for the purposes of this subsection in an order made by the Secretary of State;
(c) a service offence whose commission has led to, or is intended or is likely to lead to, any of the consequences mentioned in subsection (5).
(2A) In subsection (2)(a), the reference to an “indictable offence” has effect as if it included a reference to low-value shoplifting (as defined in section 22A(3) of the Magistrates' Courts Act 1980).
(3) “Relevant residential premises” means—
(a) service living accommodation; or
(b) premises occupied as a residence (alone or with other persons) by—
(i) a person subject to service law;
(ii) a civilian subject to service discipline; or
(iii) a person who is suspected of having committed an offence in relation to which the warrant is sought.
(4) “Items subject to legal privilege”, “excluded material” and “special procedure material” have the meanings given (respectively) by sections 10, 11 and 14 of PACE, but as if in section 11(2)(b) of PACE “enactment” included any provision of—
(a) an Act of the Scottish Parliament or Northern Ireland legislation; or
(b) an instrument made under such an Act or under Northern Ireland legislation.
(5) The consequences referred to in subsection (2)(c) are—
(a) serious harm to the security of the State or to public order;
(b) serious interference with the administration of justice or with the investigation of offences or of a particular offence;
(c) the death of any person;
(d) serious injury to any person;
(e) substantial financial gain to any person;
(f) serious financial loss to any person;
(g) the undermining of discipline or morale among members of any of Her Majesty's forces.
(6) In subsection (5)(d) “injury” includes any disease and any impairment of a person's physical or mental condition.
(7) For the purposes of subsection (5)(f), loss is serious if (having regard to all the circumstances) it is serious for the person who suffers it.
85 Section 83: power to make supplementary provision
The Secretary of State may by order—
(a) make provision authorising the use, in connection with applications under section 83 to judge advocates, of live television or telephone links or similar arrangements;
(b) make provision, in relation to warrants issued under that section or entry and search under such a warrant, which is equivalent to that made by any provision of sections 15 and 16 of PACE (which relate to the issue to constables of warrants to enter and search premises), subject to such modifications as the Secretary of State considers appropriate.
86 Power to make provision as to access to excluded material etc
(1) The Secretary of State may by order make provision that enables a service policeman, for the purposes of an investigation of a relevant offence and by making an application to a judge advocate in accordance with the order—
(a) to obtain access to excluded material or special procedure material on relevant residential premises; or
(b) to obtain access to material (other than items subject to legal privilege) on premises other than relevant residential premises.
(2) An order under this section (an “enabling order”) may in particular—
(a) so far as it relates to obtaining access to material on relevant residential premises, make provision equivalent to any provision of Schedule 1 to PACE (special procedure for obtaining production orders and warrants);
(b) so far as it relates to obtaining access to material on premises other than relevant residential premises, make provision equivalent to any provision of paragraphs 1 to 11 of that Schedule (special procedure for obtaining production orders);
(c) make provision equivalent to section 311(2) and (3) of this Act (certification to civil court of offences akin to contempt) in relation to a failure by a person within section 309(6) to comply with an order made by a judge advocate under the enabling order;
(d) authorise the use, in connection with any application made by virtue of the enabling order, of live television or telephone links or similar arrangements.
(2A) Any power under subsection (2) to make provision which is equivalent to another provision includes power to make provision which is equivalent subject to such modifications as the Secretary of State considers appropriate.
(3) In this section “relevant residential premises” means—
(a) service living accommodation; or
(b) premises occupied as a residence (alone or with other persons) by—
(i) a person subject to service law;
(ii) a civilian subject to service discipline; or
(iii) a person who is suspected of having committed the relevant offence concerned.
(4) In this section the following expressions have the meanings given by section 84—
“excluded material”;
“items subject to legal privilege”;
“relevant offence”;
“special procedure material”.
87 Power of CO to authorise entry and search by service policeman
(1) An officer may authorise a service policeman to enter and search premises within subsection (3) if the officer has reasonable grounds for believing—
(a) that a relevant offence within the meaning of section 84 has been committed;
(b) that material which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence is on the premises;
(c) that the material would be likely to be admissible in evidence at a trial for the offence;
(d) that it does not consist of or include items subject to legal privilege, excluded material or special procedure material (within the meaning given by section 84);
(e) that at least one of the conditions specified in section 83(4) applies; and
(f) that it is likely that the purpose of the search would be frustrated or seriously prejudiced if no search could be carried out before the time mentioned in subsection (2).
(2) That time is the earliest time by which it would be practicable—
(a) for a service policeman to obtain and execute a warrant under section 83 authorising the entry and search of the premises; or
(b) in a case where a member of a UK police force could obtain a warrant under section 8 of PACE or any other enactment authorising the entry and search of the premises, for a member of such a force to obtain and execute such a warrant.
(3) The premises referred to in subsection (1) are—
(a) service living accommodation of a person whose commanding officer is the officer mentioned in that subsection;
(b) premises occupied as a residence (alone or with other persons) by—
(i) a person subject to service law whose commanding officer is that officer; or
(ii) a civilian subject to service discipline whose commanding officer is that officer;
(c) premises which that officer has reasonable grounds for believing to be within paragraph (b).
(4) A person authorised under subsection (1) may seize and retain anything for which the search under that subsection was authorised; but this is subject to section 89.
88 Power of CO to authorise entry and search by other persons
(1) An officer may authorise a person subject to service law (other than a service policeman) to enter and search service living accommodation within subsection (3) if the officer has reasonable grounds for believing—
(a) that a relevant offence within the meaning of section 84 has been committed;
(b) that material which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence is on the premises;
(c) that the material would be likely to be admissible in evidence at a trial for the offence;
(d) that it does not consist of or include items subject to legal privilege, excluded material or special procedure material (within the meaning given by section 84);
(e) that at least one of the conditions specified in section 83(4) applies (the reference in section 83(4)(e) to a service policeman being read as a reference to a person authorised under this subsection); and
(f) that it is likely that the purpose of the search would be frustrated or seriously prejudiced if no search could be carried out before the time mentioned in subsection (2).
(2) That time is the earliest time by which it would be practicable—
(a) to obtain the assistance of a service policeman; or
(b) in a case where a member of a UK police force could obtain a warrant under section 8 of PACE or any other enactment authorising the entry and search of the premises, for a member of such a force to obtain and execute such a warrant.
(3) Service living accommodation is within this subsection if it is—
(a) service living accommodation of a person whose commanding officer is the officer mentioned in subsection (1); and
(b) within section 96(1)(b) or (c).
(4) A person authorised under subsection (1) may seize and retain anything for which the search under that subsection was authorised; but this is subject to section 89.
89 Review by judge advocate of certain searches under section 87 or 88
(1) Where any property has been seized and retained during a search under section 87 or 88, the officer who authorised the search must as soon as practicable request a judge advocate to undertake a review of the search and of the seizure and retention of anything seized and retained during it.
(2) The Secretary of State may by order make provision—
(a) with respect to the practice and procedure which is to apply in connection with reviews under this section;
(b) conferring functions on judge advocates in relation to such reviews.
90 Entry for purpose of arrest etc by a service policeman
(1) A service policeman may for the purpose of arresting a person enter and search premises within subsection (2), but only if he has reasonable grounds for believing that the person is on the premises.
(2) The premises referred to in subsection (1) are—
(a) service living accommodation;
(b) premises occupied as a residence (alone or with other persons) by—
(i) a person subject to service law;
(ii) a civilian subject to service discipline; or
(iii) the person to be arrested;
(c) premises which the service policeman has reasonable grounds for believing to be within paragraph (b).
(3) In relation to premises containing two or more separate dwellings, the powers conferred by subsection (1) are powers to enter and search—
(a) any parts of the premises which the occupiers of any dwelling contained in the premises use in common with the occupiers of any other such dwelling; and
(b) any such dwelling that the service policeman has reasonable grounds for believing the person to be arrested to be in.
(4) A service policeman may, for the purpose of saving life or limb or preventing serious damage to property, enter and search any—
(a) service living accommodation;
(b) premises occupied as a residence (alone or with other persons) by—
(i) a person subject to service law; or
(ii) a civilian subject to service discipline; or
(c) premises which the service policeman has reasonable grounds for believing to be within paragraph (b).
(5) Any power of search conferred by this section is a power to search only to the extent that is reasonably required for the purpose for which the power of entry is exercised.
(6) References in this section to arrest are to arrest under section 67, 69, 110, 111 or 303, and related expressions in this section are to be read accordingly.
91 Entry for purpose of arrest etc by other persons
(1) An officer may authorise a person subject to service law (other than a service policeman) to exercise, in relation to premises within subsection (2), the powers conferred by section 90(1) on a service policeman; but this is subject to subsection (3).
(2) The premises are—
(a) service living accommodation of a person whose commanding officer is the officer mentioned in subsection (1);
(b) premises occupied as a residence (alone or with other persons) by—
(i) a person subject to service law whose commanding officer is that officer; or
(ii) a civilian subject to service discipline whose commanding officer is that officer;
(c) premises which that officer has reasonable grounds for believing to be within paragraph (b).
(3) An officer may give an authorisation under subsection (1) only if—
(a) the arrest is to be made under section 67;
(b) the offence in respect of which the arrest is to be made is a relevant offence (as defined by section 84); and
(c) the officer has reasonable grounds for believing that, if the arrest could not be made before the earliest time by which it would be practicable to obtain the assistance mentioned in subsection (4)—
(i) the person to be arrested might evade arrest, conceal, damage, alter or destroy evidence, or present a danger to himself or others; or
(ii) discipline or morale among members of any of Her Majesty's forces might be undermined.
(4) That assistance is—
(a) the assistance of a service policeman, or
(b) in a case where corresponding powers conferred by section 17(1)(b) or (c) of PACE or any other enactment are exercisable by a member of a UK police force, the assistance of a member of such a force capable of exercising those corresponding powers.
(5) An officer may authorise a person subject to service law (other than a service policeman) to exercise, in relation to premises within subsection (2), the powers conferred by section 90(4) on a service policeman; but this is subject to subsection (6).
(6) An officer may give an authorisation under subsection (5) in relation to premises within section 90(4)(b) or (c) only if it is not practicable to obtain the assistance of a service policeman in time to take the necessary action to save life or limb or prevent serious damage to property.
(7) The Defence Council may by regulations provide for the delegation by a commanding officer of his functions under this section.
92 Power to make provision conferring powers of entry and search after arrest
The Secretary of State may by order make provision, in relation to premises occupied or controlled by a person who—
(a) has been arrested under section 67, and
(b) is being held in service custody without being charged with a service offence,
which is equivalent to that made by any provision of section 18 of PACE (entry and search after arrest), subject to such modifications as the Secretary of State considers appropriate.
93 Power to make provision conferring power of seizure etc
The Secretary of State may by order make provision, in relation to—
(a) a service policeman who, in connection with the investigation of a service offence, is lawfully on premises which are searchable by virtue of this Part, or
(b) any power of seizure or retention conferred by or under this Part,
which is equivalent to that made by any provision of sections 19 to 21 of PACE (which relate to seizure) or section 22(1) to (4) of that Act (power to retain property seized), subject to such modifications as the Secretary of State considers appropriate.
93ZE Powers of seizure equivalent to powers under section 13 of the Terrorism Act 2000
(1) This section applies in relation to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under section 13(1ZA) of the Terrorism Act 2000 (wearing or displaying articles in support of proscribed organisation).
(2) Section 13 (4) to (7) of the Terrorism Act 2000 (powers of seizure) applies in relation to the offence under section 42 as it applies to an offence under section 13(1ZA) of the Terrorism Act 2000, but reading references to a constable as references to a service policeman.
93A Commanding officer's power to require preliminary tests
(A1) This section applies in the situations described in subsections (1) to (3C).
(1) The first situation is where the commanding officer of a person subject to service law has reasonable cause to believe that that person—
(a) is committing a safety-critical duty offence; or
(b) has committed such an offence and still has alcohol or a drug in the body or is still under the influence of a drug.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The second situation is where the commanding officer of a person who is a civilian subject to service discipline has reasonable cause to believe that that person—
(a) is committing an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under section 78, 79, 92 or 93 of the Railways and Transport Safety Act 2003 (maritime and aviation offences); or
(b) has committed such an offence under section 42 and still has alcohol or a drug in the body or is still under the influence of a drug.
(3A) The third situation is where the commanding officer of a person subject to service law or of a person who is a civilian subject to service discipline has reasonable cause to believe that—
(a) there has been an accident involving an aircraft or a ship; and
(b) at the time of the accident, the person was carrying out an aviation function in relation to the aircraft or a marine function in relation to the ship.
(3B) The fourth situation is where the commanding officer of a person subject to service law or of a person who is a civilian subject to service discipline has reasonable cause to believe that—
(a) there has been an accident involving an aircraft or a ship;
(b) before the accident, the person carried out an aviation function in relation to the aircraft or a marine function in relation to the ship; and
(c) it is possible that the carrying out of the function by the person may have caused or contributed to—
(i) the occurrence of the accident;
(ii) any death, injury to a person, damage to property or environmental harm resulting from the accident; or
(iii) any risk of death or of such injury, damage or harm created by the accident.
(3C) The fifth situation is where the commanding officer of a person subject to service law or of a person who is a civilian subject to service discipline has reasonable cause to believe that—
(a) there has been an accident which resulted in or created a risk of—
(i) death;
(ii) serious injury to any person;
(iii) serious damage to property; or
(iv) serious environmental harm;
(b) the person—
(i) was carrying out a safety-critical function at the time of the accident; or
(ii) carried out a safety-critical function before the accident; and
(c) it is possible that the carrying out of the safety-critical function by the person may have caused or contributed to—
(i) the occurrence of the accident;
(ii) the death, injury, damage or harm; or
(iii) the risk of death, injury, damage or harm.
(4) Where this section applies, the commanding officer may require the person mentioned in subsection (1), (3), (3A), (3B) or (3C) (“the affected person”) to co-operate with any one or more of—
(a) a preliminary breath test (see section 93B);
(b) a preliminary impairment test (see section 93C);
(c) a preliminary drug test (see section 93D).
(5) The Defence Council may by regulations provide for the delegation by a commanding officer of the commanding officer's functions under this section.
(6) A person who, without reasonable excuse, fails to comply with a requirement imposed under subsection (4) commits an offence.
(7) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.
(8) For the purposes of this section, a person does not co-operate with a preliminary test unless the person's co-operation—
(a) is sufficient to enable the test to be carried out; and
(b) is provided in such a way as to enable the objective of the test to be satisfactorily achieved.
(1) In section 93A(1), “safety-critical duty offence” means—
(a) an offence under section 20A; or
(b) an offence under section 20(1)(a) in respect of a safety-critical duty (as defined in section 93I).
(2) In section 93A(3A) and (3B)—
“aviation function” means a role or activity in connection with aviation that is specified, or of a description specified, by regulations made by the Defence Council for the purposes of those subsections;
“marine function” means a role or activity in connection with a ship or ships that is specified, or of a description specified, by regulations made by the Defence Council for the purposes of those subsections.
(3) The Defence Council may specify a role or activity (or description of role or activity) under subsection (2) only if carrying it out with ability impaired by alcohol or drugs would result in a risk of—
(a) death,
(b) serious injury to any person,
(c) serious damage to property, or
(d) serious environmental harm,
but this is subject to subsection (4).
(4) The Defence Council's powers under subsection (2) include power to specify a role or activity that is undertaken in preparation for, or in connection with, the carrying out of a role or activity (or description of role or activity) that satisfies the test in subsection (3), either by specifying such a role or activity generally or by specifying a particular role or activity.
(5) For the purposes of section 93A(3A) and (3B), an accident does not involve an aircraft or a ship simply because it takes place on an aircraft or ship.
(6) In section 93A(3C), references to the carrying out of a safety-critical function are to—
(a) the performance by a person subject to service law of a duty specified, or of a description specified, by regulations under section 20A(2) or of any other safety-critical duty (as defined in section 93I); or
(b) the carrying out by a person who is a civilian subject to service discipline, in the course of the person's employment, of a role or activity which, if it were carried out by a person subject to service law in the course of his or her duty, would be a safety-critical duty.
(7) References in section 93A and this section to a person carrying out a function include a failure by the person to carry out a function at a time when the person is responsible for carrying it out (and related expressions are to be read accordingly).
(1) In a situation described in section 93A(1) or (3), a preliminary breath test is a procedure administered by a service policeman under which—
(a) the affected person provides a specimen of breath; and
(b) the specimen is used for the purpose of obtaining, by means of an approved device, an indication whether the proportion of alcohol in the person's breath or blood is likely to be such as is necessary for the commission of the suspected offence.
(1A) In a situation described in section 93A(3A), (3B) or (3C), a preliminary breath test is a procedure administered by a service policeman under which—
(a) the affected person provides a specimen of breath; and
(b) the specimen is used for the purpose of obtaining, by means of an approved device, an indication of the proportion of alcohol in the person's breath or blood.
(2) A preliminary breath test may be administered only—
(a) at or near the place where the requirement to co-operate with the test is imposed;
(b) at a service police establishment determined by the service policeman; or
(c) at a medical establishment.
(3) In this section “the suspected offence” means an offence mentioned in section 93A(1)(a) or (3)(a) which the commanding officer has reasonable cause to believe has been committed.
(1) A preliminary impairment test is a procedure under which a service policeman—
(a) observes the affected person performing tasks specified by the service policeman; and
(b) makes such other observations of the affected person's physical state as the service policeman thinks expedient.
(2) A preliminary impairment test may be administered only—
(a) at or near the place where the requirement to co-operate with the test is imposed;
(b) at a service police establishment determined by the service policeman; or
(c) at a medical establishment.
(3) The Provost Marshals (acting jointly) must issue, and may from time to time revise, a code of practice about—
(a) the kind of task that may be specified for the purposes of a preliminary impairment test;
(b) the kind of observation of physical state that may be made in the course of a preliminary impairment test;
(c) the way in which a preliminary impairment test should be administered; and
(d) the inferences that may be drawn by a service policeman from observations made in the course of a preliminary impairment test.
(4) In subsection (3) “the Provost Marshals” means—
(a) the Provost Marshals of each of the service police forces, and
(b) the Provost Marshal for serious crime.
(5) A service policeman administering a preliminary impairment test must have regard to the code of practice.
(6) A service policeman may administer a preliminary impairment test only if the service policeman is approved for that purpose by a Provost Marshal of a service police force or the Provost Marshal for serious crime.
(7) A code of practice under this section may include provision about—
(a) the giving of approval under subsection (6); and
(b) in particular, the kind of training that a service policeman should have undergone, or the kind of qualification that a service policeman should possess, before being approved under that subsection.
(1) A preliminary drug test is a procedure administered by a service policeman under which—
(a) a specimen of sweat or saliva is obtained from the affected person; and
(b) the specimen is used for the purpose of obtaining, by means of an approved device, an indication whether there is a drug in the person's body.
(2) A preliminary drug test may be administered only—
(a) at or near the place where the requirement to co-operate with the test is imposed;
(b) at a service police establishment determined by the service policeman; or
(c) at a medical establishment.
(1) This section applies in relation to an investigation into whether a person has committed—
(a) an offence under section 20A;
(b) an offence under section 20(1)(a) in respect of a safety-critical duty (as defined by section 93I); or
(c) an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under section 78, 79, 92 or 93 of the Railways and Transport Safety Act 2003.
(2) In the course of the investigation a service policeman may require the person—
(a) to provide two specimens of breath for analysis by means of an approved device;
(b) to provide a specimen of blood or urine for a laboratory test.
(3) A requirement under this section may be imposed only at a service police establishment or a medical establishment.
(4) For the purposes of this section and section 93F, a person does not provide a specimen of breath for analysis unless the specimen—
(a) is sufficient to enable the analysis to be carried out; and
(b) is provided in such a way as to enable the objective of the analysis to be satisfactorily achieved.
(5) For the purposes of this section and section 93F, a person provides a specimen of blood if and only if—
(a) he consents to the taking of such a specimen from him;
(b) the specimen is taken from him by a registered medical practitioner or registered nurse; and
(c) the specimen is of sufficient quantity to enable it to be divided into two parts for the purposes of analysis.
(6) For the purposes of this section and section 93F, a person provides a specimen of urine if and only if the specimen—
(a) is provided within one hour of the requirement for its provision being made and after the provision of a previous specimen of urine; and
(b) is of sufficient quantity to enable it to be divided into two parts for the purposes of analysis.
(7) Where the provision of a specimen may be required under this section, the question of whether it is to be breath, blood or urine, and in the case of blood the question of who is to be asked to take it, is to be decided by the service policeman imposing the requirement.
(8) But where a service policeman decides for the purposes of subsection (7) to require the provision of a specimen of blood, there shall be no requirement to provide such a specimen if—
(a) the registered medical practitioner who is asked to take the specimen is of the opinion that, for medical reasons, it cannot or should not be taken; or
(b) the registered nurse who is asked to take it is of that opinion and there is no contrary opinion from a registered medical practitioner;
and where by virtue of this subsection there can be no requirement to provide a specimen of blood, the service policeman may require a specimen of urine instead.
(9) A service policeman must, on requiring a person to provide a specimen in pursuance of this section, warn the person that a failure to provide it may render the person liable to proceedings for a service offence.
(10) A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section is guilty of an offence.
(11) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.
93F Further provision about specimens under section 93E
(1) Where two specimens of breath are provided by a person in pursuance of section 93E, the one with the lower proportion of alcohol in the breath is to be used and the other is to be disregarded.
(2) If the specimen with the lower proportion of alcohol contains no more than a prescribed proportion of alcohol, the person who provided it may claim that it should be replaced by such a specimen of blood or urine as may be required under section 93E.
(3) If the person then provides such a specimen, neither specimen of breath is to be used.
(4) In subsection (2) “prescribed” means prescribed by regulations made by the Defence Council for the purposes of this section; and the regulations may prescribe different proportions of alcohol in relation to different kinds of offence.
(5) On a request made at the time a specimen of blood or urine is provided under section 93E, the person who provided the specimen must be given a part of the specimen sufficient for the purposes of analysis.
93G Specimens of blood from persons incapable of consenting
(1) A service policeman may request a registered medical practitioner to take a specimen of blood from a person (“the person concerned”), irrespective of whether that person consents, if—
(a) the service policeman would (in the absence of any incapacity of the person concerned and of any objection under section 93H) be entitled under section 93E to require the person concerned to provide a specimen of blood for a laboratory test;
(b) it appears to the service policeman that the person concerned has been involved in an accident that constitutes or is comprised in the matter that is under investigation or the circumstances of that matter;
(c) it appears to the service policeman that the person concerned is or may be incapable of giving a valid consent to the taking of a specimen of blood (whether or not consent has purportedly been given); and
(d) it appears to the service policeman that that person's incapacity is attributable to medical reasons.
(2) It is lawful for a registered medical practitioner to whom a request is made under this section, if that practitioner thinks fit—
(a) to take a specimen of blood from the person concerned irrespective of whether that person consents; and
(b) to provide the specimen to a service policeman.
(3) The specimen must be of sufficient quantity to enable it to be divided into two parts for the purposes of analysis.
(4) If a specimen is taken in pursuance of a request under this section, it must not be subjected to a laboratory test unless the person concerned—
(a) has been informed that it was taken;
(b) has been required by a service policeman to give permission for a laboratory test of the specimen; and
(c) has given permission.
(5) A service policeman, on requiring a person to give permission for the purposes of this section for a laboratory test of a specimen, must warn the person that a failure to give the permission may render the person liable to proceedings for a service offence.
(6) On a request made at the time a person gives permission under this section for a laboratory test of a specimen, that person must be given a part of the specimen sufficient for the purposes of analysis.
(7) A person who, without reasonable excuse, fails to give permission for a laboratory test of a specimen taken from the person under this section is guilty of an offence.
(8) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.
(1) This section applies in relation to a person who is at a medical establishment as a patient.
(2) The person shall not be required to co-operate with a preliminary test or to provide a specimen under section 93E unless the responsible medical professional has been notified of the proposal to impose the requirement.
(3) If the responsible medical professional objects on medical grounds the requirement must not be imposed.
(4) If the responsible medical professional does not object on medical grounds and the requirement is imposed, the requirement must be for co-operation with a preliminary test administered, or for the provision of a specimen, at the medical establishment.
(5) No specimen of blood may be taken from the person under section 93G, and the person may not be required to give permission for a laboratory test of a specimen taken under that section, unless the responsible medical professional—
(a) has been notified of the proposal that the specimen be taken or of the proposal to make the requirement; and
(b) has not objected on medical grounds.
(6) In this section “the responsible medical professional” means—
(a) the registered medical practitioner in immediate charge of the person's case; or
(b) if there is no such registered medical practitioner, the registered nurse in immediate charge of the person's case.
(7) In this section “medical grounds” means—
(a) in relation to a requirement to co-operate with a preliminary test or to provide a specimen under section 93E, the ground that the requirement, or compliance with it by the patient, or any warning required by section 93E(9), would be prejudicial to the proper care and treatment of the patient;
(b) in relation to the taking of a specimen under section 93G or a requirement to give permission for a laboratory test of a specimen taken under that section, the ground that the taking of the specimen, the requirement, or any warning required by section 93G(5), would be so prejudicial.
(1) In this Chapter—
“approved”, in relation to a device, means approved by the Secretary of State;
“drug” includes any intoxicant other than alcohol;
“medical establishment” means any facility at which medical or surgical treatment for in- or out-patients is provided;
“preliminary test” means—
a preliminary breath test within the meaning of section 93B;
a preliminary impairment test within the meaning of section 93C; or
a preliminary drug test within the meaning of section 93D;
“safety-critical duty” means a duty which the commanding officer of the person mentioned in section 93A(1) , 93AA(6)(a) or 93E(1) reasonably believes is such that performing the duty with ability impaired by alcohol or drugs would result in a risk of—
death;
serious injury to any person;
serious damage to property; or
serious environmental harm;
“service police establishment” means any building or part of a building, any structure, or any room (whether on land or on a ship) which is used by a service policeman for the performance of his duties.
(2) In this Chapter any reference to a service policeman includes a Royal Navy coxswain.
(1) The Secretary of State may by regulations make provision with respect to the disposal of property which has come into the possession of a service policeman or a person's commanding officer in connection with the investigation of a service offence.
(2) The regulations may in particular—
(a) enable the Court Martial, the Service Civilian Court or a judge advocate to make an order for the delivery of the property to the person appearing to the court or judge advocate to be the owner of the property or, if the owner cannot be ascertained, to make such order with respect to the property as the court or judge advocate considers appropriate;
(b) enable the commanding officer of a person charged with a service offence—
(i) to determine that any property seized under this Part in connection with the investigation of a service offence should be delivered to the person appearing to the commanding officer to be the owner of the property; or
(ii) if the owner cannot be ascertained, to make such other determination with respect to the delivery of the property as the commanding officer considers appropriate;
(c) enable the commanding officer of a person—
(i) in whose possession the property was before it was seized under this Part, or
(ii) who claims to be the owner of the property,
to determine that it should be delivered to that person;
(d) make provision as to appeals against orders made by virtue of paragraph (a) and determinations made by virtue of paragraph (b) or (c); and
(e) provide that, at the end of a specified period from the making of an order by virtue of paragraph (a), the right of any person to take proceedings for the recovery of the property is to cease.
(3) A determination made by virtue of subsection (2)(b) or (c) does not affect the right of any person to recover any property delivered in pursuance of the determination from the person to whom it is delivered.
94A Property subject to deprivation order: modification of section 94
(1) This section applies to property to which a deprivation order relates which is in the possession of—
(a) a commanding officer, or
(b) a member of a service police force,
by virtue of section 177C(6) (including any such property that was already in the possession of the commanding officer or a member of a service police force when the order was made).
(2) Regulations under section 94(1) must ensure that a judicial authority or a commanding officer may make an order by virtue of section 94(2)(a) or (b) (respectively) on an application which—
(a) relates to property to which this section applies, and
(b) is made by a person claiming to be the owner of the property,
only if the conditions in subsection (3) are met.
(3) Those conditions are that—
(a) the application is made before the end of the period of 6 months beginning with the day on which the deprivation order is made, and
(b) the claimant satisfies the judicial authority or the commanding officer (as the case may be)—
(i) that the claimant did not consent to the offender’s possession of the property, or
(ii) if the deprivation order was made by virtue of subsection (3) of section 177C (property used for the purpose of offence etc), that the claimant did not know, and had no reason to suspect, that the property was likely to be used for a purpose mentioned in that subsection.
(4) Regulations under section 94(1) may enable a judicial authority or a commanding officer to make any order for disposal of property to which this section applies that the judicial authority or commanding officer (as the case may be) thinks appropriate (but this is subject to subsection (6)).
(5) In subsection (4) the reference to disposal includes disposal by way of transferring the property into the ownership of the Secretary of State; but regulations made by virtue of subsection (4) may not provide for the Secretary of State to become the owner of property which is the subject of an order under section 177F (application of proceeds of property subject to deprivation order).
(6) Subsection (4) applies only in relation to cases where no application by virtue of section 94(2)(a) or (b) made during the 6 month period mentioned in subsection (3)(a) by a person claiming to be the owner of the property was successful.
(7) In this section “judicial authority” means the Court Martial, the Service Civilian Court or a judge advocate.
(1) Nothing in this Part affects—
(a) any power of a service policeman or commanding officer to enter and search, or order the entry and search of, premises which are occupied for the purposes of any of Her Majesty's forces, to the extent that the premises do not constitute service living accommodation;
(b) any power of a commanding officer, otherwise than in connection with the investigation of a service offence or the exercise of any power of arrest, to enter and search, or order the entry and search of, service living accommodation;
(c) any power of a commanding officer, otherwise than in connection with the investigation of a service offence or the exercise of any power of arrest, to search, or order the search of, a person or to stop and search, or order the stop and search of, a service vehicle; or
(d) any power of a service policeman or commanding officer to search, or order the search of, a service vehicle which is not in the charge of any person.
(2) In subsection (1) “service vehicle” means a vehicle, ship or aircraft which—
(a) belongs to any of Her Majesty's forces; or
(b) is in use for the purposes of any of those forces.
96 “Service living accommodation”, “premises” and other definitions
(1) In this Part “service living accommodation” means (subject to subsection (2))—
(a) any building or part of a building which is occupied for the purposes of any of Her Majesty's forces but is provided for the exclusive use of a person within subsection (1A), or of such a person and members of his family, as living accommodation or as a garage;
(b) any other room, structure or area (whether on land or on a ship) which is occupied for the purposes of any of Her Majesty's forces and is used for the provision of sleeping accommodation for one or more persons within subsection (1A); or
(c) any locker which—
(i) is provided by any of Her Majesty's forces for personal use by a person within subsection (1A) in connection with his sleeping accommodation, but
(ii) is not in a room, structure or area falling within paragraph (b).
(1A) The following are persons within this subsection—
(a) a person subject to service law;
(b) a civilian subject to service discipline.
(2) Premises are not service living accommodation for the purposes of this Part if, or to the extent that, they are being used for keeping persons in service custody.
(3) In this Part “premises” includes any place and, in particular, includes—
(a) any vehicle, ship or aircraft; and
(b) any tent or movable structure.
(4) In this Part “enactment” includes any provision of—
(a) an Act of the Scottish Parliament or Northern Ireland legislation, or
(b) an instrument made under such an Act or under Northern Ireland legislation,
and also includes any rule of law in Scotland.
(1) Where a power is conferred on any person by or under this Part, he may use reasonable force, if necessary, in the exercise of the power.
(2) Subsection (1) does not apply in relation to powers conferred by Chapter 3A of this Part.
(1) Except in accordance with sections 99 to 102, a person arrested under section 67 may not be kept in service custody without being charged with a service offence.
(2) If at any time the commanding officer of a person who is kept in service custody without being charged with a service offence—
(a) becomes aware that the grounds for keeping that person in service custody have ceased to apply, and
(b) is not aware of any other grounds on which continuing to keep that person in service custody could be justified under this Act,
the commanding officer must, subject to subsection (3), order his immediate release from service custody.
(3) A person who appears to his commanding officer to have been unlawfully at large when he was arrested may not be released under subsection (2).
(4) Section 301(4) (cases where persons temporarily released from service detention are unlawfully at large) applies for the purposes of this section.
99 Authorisation by commanding officer of custody without charge
(1) Where a person is arrested under section 67—
(a) the arrest, and
(b) any grounds on which he is being kept in service custody without being charged with a service offence,
must be reported as soon as practicable to his commanding officer.
(2) Until such a report is made, the person may be kept in service custody without being charged with a service offence, but only if the person who made the arrest has reasonable grounds for believing that keeping him in service custody without being charged is necessary—
(a) to secure or preserve evidence relating to a service offence for which he is under arrest; or
(b) to obtain such evidence by questioning him.
(3) After receiving a report under subsection (1), the commanding officer must as soon as practicable determine—
(a) whether the requirements of subsection (4) are satisfied; and
(b) if so, whether to exercise his powers under that subsection;
and the person to whom the report relates may be kept in service custody for such period as is necessary to enable the commanding officer to make that determination.
(4) If, in relation to the person to whom the report relates, the commanding officer has reasonable grounds for believing—
(a) that keeping him in service custody without being charged with a service offence is necessary to secure or preserve evidence relating to a service offence for which he is under arrest or to obtain such evidence by questioning him, and
(b) that the investigation is being conducted diligently and expeditiously,
he may authorise the keeping of that person in service custody.
(5) Subject to subsection (6), an authorisation under subsection (4) ends not more than 12 hours after it is given.
(6) Except in accordance with section 101 or 102, a person may not be kept in service custody later than 48 hours after the arrest without being charged with a service offence.
(7) Where a person, while kept in service custody without being charged with a service offence, is arrested under section 67 for another service offence—
(a) subsections (1) to (5) apply in relation to the arrest for that other offence;
(b) the reference in subsections (2)(a) and (4)(a) to a service offence for which he is under arrest includes the service offence for which he was originally arrested;
(c) the reference in subsection (6) to the arrest is to be read as a reference to the arrest for the service offence for which he was originally arrested; and
(d) the last authorisation under subsection (4) (if any) given in relation to him ceases to have effect (and accordingly section 100 ceases to apply in relation to that authorisation).
(1) The commanding officer of a person kept in service custody in accordance with section 99 must, subject to subsections (3) and (4), review the keeping of that person in service custody not later than the end of the period for which it is authorised.
(2) Subsections (4) and (5) of section 99 apply on each review under this section as they apply where a report is received under section 99(1).
(3) A review may be postponed if, having regard to all the circumstances prevailing at the expiry of the last authorisation under section 99(4), it is not practicable to carry out the review at that time.
(4) A review may also be postponed if at the expiry of the last authorisation under section 99(4)—
(a) the person in service custody is being questioned and the commanding officer is satisfied that an interruption of the questioning for the purpose of carrying out the review would prejudice the investigation in connection with which the person is being questioned; or
(b) the commanding officer is not readily available.
(5) Subsection (4) does not limit the power to postpone under subsection (3).
(6) If a review is postponed under subsection (3) or (4)—
(a) it must be carried out as soon as practicable after the expiry of the last authorisation under section 99(4); and
(b) the keeping in service custody of the person to whom the review relates is by virtue of this paragraph authorised until that time.
101 Extension by judge advocate of custody without charge
(1) If, on an application by the commanding officer of a person arrested under section 67, a judge advocate is satisfied that there are reasonable grounds for believing that the continued keeping of that person in service custody is justified, the judge advocate may by order authorise the keeping of that person in service custody.
(2) A judge advocate may not hear an application under this section unless the person to whom it relates—
(a) has been informed in writing of the grounds for the application; and
(b) has been brought before him for the hearing.
(3) The person to whom the application relates is entitled to be legally represented at the hearing and, if he is not so represented but wishes to be so represented—
(a) the judge advocate must adjourn the hearing to enable him to obtain representation; and
(b) he may be kept in service custody during the adjournment.
(4) The period for which a judge advocate, on an application under this section, may authorise the keeping of a person in service custody is such period, ending not more than 96 hours after the arrest, as he considers appropriate having regard to the evidence before him.
(5) Where a person, while kept in service custody without being charged with a service offence, is arrested under section 67 for another service offence, the reference in subsection (4) to the arrest is to be read as a reference to the arrest for the service offence for which he was originally arrested.
(6) For the purposes of this section and section 102, the continued keeping of a person in service custody is justified only if—
(a) keeping him in custody without being charged with a service offence is necessary to secure or preserve evidence relating to a service offence for which he is under arrest or to obtain such evidence by questioning him; and
(b) the investigation is being conducted diligently and expeditiously.
102 Further provision about applications under section 101
(1) Subject to subsection (2), an application under section 101 may be made—
(a) at any time before the end of 48 hours after the arrest; or
(b) if it is not practicable for the application to be heard before the end of that period, as soon as practicable thereafter but not more than 96 hours after the arrest.
(2) Where subsection (1)(b) applies, an authorisation on a review under section 100 may be for a period ending more than 48 hours after the arrest, but may not be—
(a) for a period of more than six hours; or
(b) for a period ending more than 96 hours after the arrest.
(3) If—
(a) an application under section 101 is made more than 48 hours after the arrest, and
(b) it appears to the judge advocate that it would have been reasonable for the commanding officer to make the application before the end of that period,
the judge advocate must refuse the application.
(4) Where on an application under section 101 relating to any person the judge advocate is not satisfied that there are reasonable grounds for believing that the continued keeping of that person in service custody is justified, he must—
(a) refuse the application; or
(b) adjourn the hearing of it until a time not later than 48 hours after the arrest.
(5) The person to whom the application relates may be kept in service custody during the adjournment.
(6) Where a judge advocate refuses an application under section 101 at any time less than 48 hours after the arrest, he may direct that the person to whom it relates must, without delay, be charged with a service offence or released from service custody.
(7) Where a judge advocate refuses an application under section 101 at any later time, he must direct that the person to whom it relates must, without delay, be charged with a service offence or released from service custody.
(8) Where a person, while kept in service custody without being charged with a service offence, is arrested under section 67 for another service offence, any reference in this section to the arrest is to be read as a reference to the arrest for the service offence for which he was originally arrested.
Sections 98 to 102 apply—
(a) where a person is transferred to or taken into service custody under section 313(4), 315(4), 316(3) or 317(4), and
(b) in any other case where a person arrested by a member of a UK police force or overseas police force is transferred to service custody,
as they apply where a person is arrested under section 67, subject to such modifications as the Secretary of State may by order prescribe.
(1) The Secretary of State may by regulations make provision—
(a) for the delegation by the commanding officer of a person in service custody of any of the commanding officer's functions under sections 98 to 102;
(b) with respect to circumstances in which a person kept in service custody without being charged with a service offence is to be informed of, or given an opportunity to make representations about, any matter;
(c) for the keeping of written records relating to compliance with any requirement of sections 69(3)(a) and 98 to 102 or of regulations under paragraph (b).
(2) Any reference in sections 99 to 102 to a period of time is to be treated as approximate only.
(1) Where a person (referred to in this section and sections 106 to 109 as “the accused”) is kept in service custody after being charged with a service offence, he must be brought before a judge advocate as soon as practicable.
(2) At a hearing under subsection (1), the judge advocate may by order authorise the keeping of the accused in service custody, but only if one or more of conditions A to C in section 106 are met.
(3) The period for which a judge advocate may, by an order under subsection (2), authorise the keeping of the accused in service custody is such period, ending not later than eight days after the day on which the order is made, as he considers appropriate having regard to the evidence before him.
(4) For the purpose of deciding whether condition A in section 106 is met, the judge advocate must have regard to such of the following considerations as appear to him to be relevant—
(a) the nature and seriousness of the offence with which the accused is charged (and the probable method of dealing with him for it),
(b) the character, antecedents, associations and social ties of the accused,
(c) the accused's behaviour on previous occasions while charged with a service offence and released from service custody or while on bail in criminal proceedings, and
(d) the strength of the evidence that the accused committed the offence,
as well as to any other considerations which appear to be relevant.
(5) If—
(a) the accused is charged with an offence under section 42 as respects which the corresponding offence under the law of England and Wales is—
(i) murder,
(ii) manslaughter,
(iii) an offence under section 1 of the Sexual Offences Act 2003 (c. 42) (rape), or
(iv) an attempt to commit an offence within sub-paragraph (i) or (iii),
(b) representations are made as to any of the matters mentioned in condition A in section 106, and
(c) the judge advocate decides not to authorise the keeping of the accused in service custody,
the judge advocate must state the reasons for his decision and must cause those reasons to be included in the record of the proceedings.
(6) An order under subsection (2) does not authorise the keeping of the accused in service custody—
(a) if the accused is subsequently released from service custody, at any time after his release; or
(b) at any time after he is sentenced in respect of the offence with which he is charged.
(7) Subsection (1) does not apply where the accused is charged with a service offence at a time when he is kept in service custody by reason of a sentence passed in respect of a service offence or of an order under subsection (2), unless that reason ceases to apply.
(1) Condition A is that the judge advocate is satisfied that there are substantial grounds for believing that the accused, if released from service custody, would—
(a) fail to attend any hearing in the proceedings against him;
(b) commit an offence while released; or
(c) interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person.
(2) Condition B is that the judge advocate is satisfied that the accused should be kept in service custody for his own protection or, if he is aged under 17, for his own welfare or in his own interests.
(3) Condition C is that the judge advocate is satisfied that, because of lack of time since the accused was charged, it has not been practicable to obtain sufficient information for the purpose of deciding whether condition A or B is met.
(4) Condition D is that the accused's case has been adjourned for inquiries or a report and it appears to the judge advocate that it would be impracticable to complete the inquiries or make the report without keeping the accused in service custody.