OpenLegislation

Article 13 Entry and search after arrest

Original text. Later amendments are not shown.

(1)

This article applies to any premises occupied or controlled by a person who has been arrested under section 67 of the Act for a serious service offence and is being held in service custody without being charged.

(2)

A service policeman may, subject to the following provisions of this article, enter and search premises to which this article applies if he has reasonable grounds for suspecting that there is on the premises relevant evidence.

(3)

Evidence is relevant for the purposes of this article, if it is not subject to legal privilege and—

(a)

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

(b)

it relates to some other serious service offence which is connected with or similar to that offence.

(4)

A service policeman may seize and retain anything for which he may search under paragraph (2).

(5)

The power to search conferred by paragraph (2) is only a power to search to the extent that is reasonably required for the purpose of discovering such evidence.

(6)

Subject to paragraph (7), the powers conferred by this article may not be exercised unless an authorising service policeman has authorised them in writing.

(7)

A service policeman may conduct a search under paragraph (2) without obtaining a written authorisation under paragraph (6) if—

(a)

he has reasonable grounds for believing that 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; and

(b)

he informs an authorising service policeman that he has made the search as soon as practicable after he has made it.

(8)

An authorising service policeman who—

(a)

authorises a search, or

(b)

under paragraph (7)(b) is informed of a search,

shall make a written record of the grounds of the search and the nature of the evidence that was sought.