Section 70 Search by service policeman upon arrestI1I2C1
A service policeman may search an arrested person if he has reasonable grounds for believing that the arrested person may present a danger to himself or others.
A service policeman may search an arrested person for anything that is subject to search if he has reasonable grounds for believing that the arrested person may have any such thing concealed on him.
For the purposes of this section a thing is “subject to search” if—
the arrested person might use it to assist him to escape from service custody; or
in the case of an arrest under section 67 or 69, it might be evidence relating to a service offence.
References in this section to an arrested person are to a person arrested under section 67, 69, 110, 111 or 303.
Annotations
Modifications
- C1
S. 70 applied (1.8.2013) by The Armed Forces (Retrial for Serious Offences) Order 2013 (S.I. 2013/1852), arts. 1, 6(7)(a) (with art. 3)
Commencement
- I1
S. 70 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
- I2
S. 70 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
Notes on the whole Act
Textual amendments
- F1
Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)