OpenLegislation

Article 13 Entry and search after arrest

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to the following provisions of this article, a service policeman may enter and search any premises occupied or controlled by a person who has been arrested under any of the services Acts and is being held in custody without being chargedf1, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates—

(a)

to the offence for which the arrested person has been arrested; or

(b)

to some other offence against any provision of the services Acts which is connected with or similar to that offence.

(2)

A service policeman may seize and retain anything for which he may search under paragraph (1).

(3)

The power to search conferred by paragraph (1) is only a power to search to the extent that is reasonably required for the purpose of discovering such evidence.

(4)

Subject to paragraph (5), the powers conferred by this article may not be exercised unless an authorising officer has authorised them in writing.

(5)

A service policeman may conduct a search under paragraph (1) without obtaining an authorisation under paragraph (4) if it is likely that, if no search could be carried out before the earliest time by which it would be practicable for him to obtain such an authorisation, the purpose of the search would be frustrated or seriously prejudiced.

(6)

If a service policeman conducts a search by virtue of paragraph (5), he shall inform an authorising officer that he has made the search as soon as practicable after he has made it.

(7)

An authorising officer who authorises a search, or is informed of a search under paragraph (6), shall make a record in writing—

(a)

of the grounds for the search; and

(b)

of the nature of the evidence that was sought.

(8)

In this article, “authorising officer” means—

(a)

a member of the Royal Naval Regulating Branch of the rank of lieutenant or above;

(b)

a member of the Royal Marines Police or the Royal Military Police of the rank of captain or above; or

(c)

a member of the Royal Air Force Police of the rank of flight lieutenant or above.

Annotations

Footnotes

f1

By virtue of section 11(3), “charged” in relation to a person held in custody is to be construed in accordance with section 75(4) of each of the 1955 Acts and section 47A(4) of the 1957 Act.