“In the Armed Forces Act 2006, after section 93 insert—

“

(1) A service policeman of at least the rank of naval lieutenant, military or marine captain or flight lieutenant may authorise a service policeman to—

(a) enter specified premises which are relevant residential premises, and

(b) search the specified premises for specified items.

(2) An officer may give an authorisation under subsection (1) only if satisfied that there are reasonable grounds to believe that—

(a) the specified items are stolen goods,

(b) the specified items are on the specified premises, and

(c) 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 (3).

(3) 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.

(4) An officer may give an authorisation under subsection (1) orally or in writing.

(5) As soon as reasonably practicable after giving the authorisation the officer must record in writing—

(a) if the authorisation is given orally, the authorisation, and

(b) in any case, the officer’s reasons for being satisfied as mentioned in subsection (2).

(6) The powers conferred by an authorisation under subsection (1) may be exercised only—

(a) by a service policeman in uniform,

(b) before the end of the 24 hour period beginning with the time the authorisation is given, and

(c) at a reasonable hour (unless it appears to the service policeman that exercising them at a reasonable hour may frustrate or seriously prejudice the purpose of exercising them).

(7) The power of search conferred by an authorisation under subsection (1) is exercisable only to the extent that is reasonably required for the purpose of searching the specified premises for the specified items.

(8) Where the occupier of the specified premises is present at the time the service policeman seeks to enter and search them, the service policeman must—

(a) identify themselves to the occupier, and

(b) state the purpose for which they are entering and searching the premises.

(1) This section applies where a service policeman is lawfully on relevant residential premises in exercise of the powers conferred by an authorisation under section 93ZA(1).

(2) The service policeman may seize anything which is on the specified premises (whether or not it is a specified item) if the service policeman has reasonable grounds to believe—

(a) that it is stolen goods, and

(b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged altered or destroyed.

(3) The service policeman may seize anything which is on the specified premises (whether or not it is a specified item) if the service policeman has reasonable grounds to believe—

(a) that it is evidence in relation to—

(i) an offence under section 42 which the service policeman is investigating, or

(ii) any other offence under section 42,

as respects which the corresponding offence under the law of England and Wales is theft, and

(b) that it is necessary to seize it in order to prevent the evidence being concealed, lost, damaged, altered or destroyed.

(4) The powers of seizure in subsections (2) and (3) include power to require information which is stored in an electronic form and is accessible from the premises to be produced in a form—

(a) in which it can be taken away and which it is visible and legible, or

(b) from which it can readily be produced in a visible and legible form.

(5) As soon as reasonably practicable after exercising a power of seizure conferred by this section, the service policeman must record in writing—

(a) the grounds on which the power was exercised, and

(b) the items seized.

(1) The powers conferred by sections 93ZA and 93ZB do not include powers to search for or seize—

(a) items subject to legal privilege,

(b) excluded material, or

(c) special procedure material.

(2) In sections 93ZA and 93ZB “specified” means specified in an authorisation under section 93ZA(1).

(3) Sections 93ZA and 93ZB are to be construed in accordance with section 24 of the Theft Act 1968, reading references in that section to blackmail and fraud as including an offence under section 42 as respects which the corresponding offence under the law of England and Wales is blackmail or fraud.

(4) In sections 93ZA and 93ZB the following expressions have the meanings given by section 84—

“excluded material”

“items subject to legal privilege”

“relevant residential premises”

“special procedure material” .””—(Chris Philp.)

This new clause amends the Armed Forces Act 2006 to make provision equivalent to the provision inserted into the Theft Act 1968 by clause 19 of the Bill.

Brought up, read the First and Second time, and added to the Bill.