Article 3 Provisions relating to search under section 2

(1)

A service policeman^f1 who detains a person or vehicle in exercise of the power conferred by section 2 need not conduct a search if it appears to him subsequently—

(a)

that no search is required; or

(b)

that a search is impracticable.

(2)

If a service policeman contemplates a search, other than a search of an unattended vehicle, in the exercise of the power conferred by section 2, it shall be his duty, subject to paragraph (4), to take reasonable steps before he commences the search to bring to the attention of the appropriate person—

(a)

if the service policeman is not in uniform, documentary evidence that he is a service policeman; and

(b)

whether he is in uniform or not, the matters specified in paragraph (3);

and the service policeman shall not commence the search until he has performed that duty.

(3)

The matters referred to in paragraph (2)(b) are—

(a)

the service policeman’s name and the name of his unit;

(b)

the object of the proposed search;

(c)

the service policeman’s grounds for proposing to make it; and

(d)

the effect of article 4(7) or (8), as may be appropriate.

(4)

A service policeman need not bring the effect of article 4(7) or (8) to the attention of the appropriate person if it appears to the service policeman that it will not be practicable to make the record in article 4(1).

(5)

On completing a search of an unattended vehicle or anything in or on such a vehicle in the exercise of the power conferred by section 2 a service policeman shall leave a notice—

(a)

stating that he has searched it;

(b)

giving the name of his unit;

(c)

stating that an application for compensation for any damage caused by the search may be made to that unit; and

(d)

stating the effect of article 4(8).

(6)

The service policeman shall leave the notice inside the vehicle unless it is not reasonably practicable to do so without damaging the vehicle.

(7)

Section 2 shall not give a service policeman who is not in uniform a power to stop a vehicle.

(8)

This article applies to vessels, aircraft and hovercraft as it applies to vehicles.

(9)

In this article “the appropriate person” means—

(a)

if the service policeman proposes to search a person, that person; and

(b)

if he proposes to search a vehicle, or anything in or on a vehicle, the person in charge of the vehicle.

Annotations

Footnotes

f1: By virtue of section 16(1), service policeman means a member of the Royal Navy Regulating Branch, the Royal Marines Police, the Royal Military Police or the Royal Air Force Police.