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

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009 No. 2056

  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2

    1. 3.Stop and search by a service policeman

    2. 4.Record of search by service policeman

    3. 5.Searches under section 76 of the Act

    4. 6.Access to excluded and special procedure material

    5. 7.Application for warrants or orders by live links

    6. 8.Search warrants – safeguards

    7. 9.Execution of warrants

    8. 10.Safeguards and execution of warrants – further provisions

    9. 11.Oaths and affirmations

    10. 12.Search of premises where person arrested

    11. 13.Entry and search after arrest

  4. PART 3

    1. 14.General power of seizure

    2. 15.Extension of powers of seizure to computerised information

    3. 16.Access and copying

    4. 17.Retention

  5. PART 4

    1. 18.Interpretation

    2. 19.Additional powers of seizure from premises

    3. 20.Additional powers of seizure from the person

    4. 21.Notice of exercise of power under article 19 or 20

    5. 22.Examination and return of property seized under article 19 or 20

    6. 23.Obligation to return items subject to legal privilege

    7. 24.Obligation to return excluded and special procedure material

    8. 25.Authorised retention of property

    9. 26.Application of article 17 to property seized under this Part

    10. 27.Person to whom seized property is to be returned

    11. 28.Application to a judge advocate

    12. 29.Cases where duty to secure arises

    13. 30.The duty to secure

    14. 31.Use of inextricably linked property

    15. 32.Copies

  6. PART 5

    1. 33.Relevant offences

    2. 34.Review by a judge advocate of searches and seizures under section 87 or 88 of the Act

  7. PART 6

    1. 35.Transitional provisions

    2. 36.Reference to the Court of Judicature of Northern Ireland

  8. Signature

    1. SCHEDULE 1

      EXCLUDED AND SPECIAL PROCEDURE MATERIAL

    2. SCHEDULE 2

      OATHS AND AFFIRMATIONS

    3. SCHEDULE 3

      LIST OF SERVICE OFFENCES THAT ARE RELEVANT OFFENCES

    4. SCHEDULE 4

      TRANSITIONAL PROVISIONS

  9. Explanatory Note

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