Citation and commencement

1.  (1)  This Order may be cited as the Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) (Amendment) Order 2014 and comes into force on 13th May 2014.

(2) In this Order "the 2009 Order" means the Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009(2).

Amendment to the 2009 Order

2.  (1)  The 2009 Order is amended as follows.

(2) In article 2 (interpretation), after the words "an indictable offence" in paragraph (a) of the definition of "serious service offence", insert "within the meaning of PACE"(3).

EXPLANATORY NOTE

(This note is not part of the Order)

Section 176(3) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) inserts in the Magistrates' Courts Act 1980 (c. 43) a new section 22A, which provides that low-value shoplifting is a summary offence. Section 176(6) of the 2014 Act provides so that certain powers, including powers of entry and search, conferred by the Police and Criminal Evidence Act 1984 (c. 60) on the civilian police in respect of indictable offences remain available in respect of low-value shoplifting, notwithstanding that it is reclassified as summary. Section 176(6) does so by providing that in the 1984 Act all references to an "indictable offence" include a reference to low-value shoplifting.

This Order makes equivalent provision, subject to modifications, in respect of certain powers of entry and search used for the investigation of service offences under the Armed Forces Act 2006 (c. 52). It does so by amending the Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009.