The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) (Amendment) Order 2012
| Jurisdiction | UK Non-devolved |
| Citation | SI 2012/2919 |
2012 No. 2919
Defence
The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) (Amendment) Order 2012
Made 16th November 2012
Laid before Parliament 23th November 2012
Coming into force 14th December 2012
The Secretary of State makes the following Order in exercise of the powers conferred by sections 85, 86, 323 and 380(1) of the Armed Forces Act 20061.
Citation and commencement
1. This Order may be cited as the Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) (Amendment) Order 2012, and shall come into force on 14th December 2012.
Interpretation
2. In this Order “the 2009 Order” means the Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 20092.
Search warrants and orders relating to unspecified premises
3. In article 2 of the 2009 Order (interpretation)—
(a) at the end of the definition of “special procedure material”, omit “and”;
(b) before the full stop at the end, insert—
“; and
“unspecified premises warrant” means a warrant authorising a service policeman to enter and search all relevant residential premises occupied or controlled by a person specified in the application for the warrant, including such sets of premises as are so specified”.
4.—(1) Article 8 of the 2009 Order (search warrants: safeguards) is amended as follows.
(2) For paragraph (3)(b) substitute—
“(b)
“(b) if the application relates to one or more sets of premises specified in the application, to specify each set of premises which it is desired to enter and search;
(ba)
(ba) if the application is for an unspecified premises warrant, to specify—
(i) as many sets of premises which it is desired to enter and search as it is reasonably practicable to specify;
(ii) the person who is in occupation or control of those premises and any others which it is desired to enter and search;
(iii) why it is necessary to search more premises than those specified under sub-paragraph (i); and
(iv) why it is not reasonably practicable to specify all the premises which it is desired to enter and search; and”.
(3) Omit paragraph (4).
(4) For paragraph (9)(a)(iv) substitute—
“(iv)
“(iv) each set of premises to be searched, or (in the case of an unspecified premises warrant) the person who is in occupation or control of premises to be searched, together with any premises under that person’s occupation or control which can be specified and which are to be searched; and”.
(5) In paragraph (10), after “which” insert “specifies only one set of premises and”.
5.—(1) Article 9 of the 2009 Order (execution of warrants) is amended as follows.
(2) After paragraph (4) insert—
“4A If the warrant is an unspecified premises warrant, no premises which are not specified in it may be entered or searched unless an authorising service policeman has in writing authorised them to be entered.”
(3) After paragraph (11) insert—
“11A If the warrant specifies more than one set of premises or is an unspecified premises warrant, a service policeman executing it shall—
(a) make a separate endorsement under paragraph (11) in respect of each set of premises entered and searched; and
(b) specify in each such endorsement the premises to which it relates.”
6. In article 10(4)(c) of the 2009 Order (safeguards and execution of warrants—further provisions) for “the endorsement mentioned in” substitute “an endorsement under”.
7.—(1) Schedule 1 to the 2009 Order (excluded and special procedure material) is amended as follows.
(2) In paragraph 2(a)(ii), after “specified in the application” insert “, or occupied or controlled by a person so specified (including all such premises on which there are reasonable grounds for believing that there is such material as it is reasonably practicable so to specify),”.
(3) In paragraph 3—
(a)
(a) for sub-paragraph (a) substitute—
“(a)
“(a) there are reasonable grounds for believing that on relevant residential premises specified in the application, or occupied or controlled by a person so specified (including all such premises on which there are reasonable grounds for believing that there is such material as it is reasonably practicable so to specify), there is material which consists of or includes excluded material or special procedure material;”;
(b)
(b) in sub-paragraph (b), for “the premises” substitute “such premises”;
(c)
(c) in sub-paragraph (b)(i), omit “specified”.
(4) In paragraph 12—
(a)
(a) in sub-paragraph (a)(ii), for “are also fulfilled” substitute “is also fulfilled in relation to each set of premises specified in the application”;
(b)
(b) before the full stop at the end, insert “, or (as the case may be) all relevant residential premises occupied or controlled by the person referred to in paragraph 2(a)(ii) or 3(a), including such sets of premises as are specified in the application”.
(5) After paragraph 12 insert—
“12A. The judge advocate may not issue a warrant under paragraph 12 to enter and search all relevant residential premises occupied or controlled by a person unless satisfied—
(a) that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in...
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