OpenLegislation

Paragraph 8 Search of premises after arrest

Original text. Later amendments are not shown.

(1)

In articles 12 and 13—

(a)

references to an arrest under section 67 of the Act include an arrest under section 74 of either of the 1955 Acts or section 45 of the 1957 Act;

(b)

references to a serious service offence include a serious SDA offence.

(2)

Article 13(6) does not prohibit a service policeman—

(a)

from entering and searching any premises which an authorising officer (within the meaning of article 13 of the 2003 Order) has authorised him in writing under paragraph (4) of that article to enter and search, or

(b)

from seizing and retaining anything for which he may search any such premises, and

the reference in article 13(7) to a service policeman conducting a search without obtaining a written authorisation under paragraph (6) of that article is to be read as a reference to his conducting a search without obtaining such an authorisation and without having obtained an authorisation under article 13(4) of the 2003 Order.

(3)

Where a service policeman has conducted a search by virtue of article 13(5) of the 2003 Order but has not informed an authorising officer in accordance with article 13(6) of that Order that he has made the search, he shall as soon as is practicable inform an authorising service policeman that he has made the search.

(4)

In article 13(8)—

(a)

the reference to an authorising service policeman who authorises a search includes a person who (as an authorising officer within the meaning of article 13 of the 2003 Order) authorised a search under paragraph (4) of that article and has not made a record in accordance with paragraph (7) of that article; and

(b)

the reference to an authorising service policeman who is informed of a search under article 13(7) includes—

(i)

a person who (as an authorising officer within the meaning of article 13 of the 2003 Order) was informed of a search under paragraph (6) of that article and has not made a record in accordance with paragraph (7) of that article; and

(ii)

an authorising service policeman who is informed of a search under sub-paragraph (3).