Section 43 Search of persons.

United Kingdom

(1)

A constable may stop and search a person whom he reasonably suspects to be a terrorist to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.

(2)

A constable may search a person arrested under section 41 to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

A constable may seize and retain anything which he discovers in the course of a search of a person under subsection (1) or (2) and which he reasonably suspects may constitute evidence that the person is a terrorist.

(4A)

F2Subsection (4B) applies if a constable, in exercising the power under subsection (1) to stop a person whom the constable reasonably suspects to be a terrorist, stops a vehicle (see section 116(2)).

(4B)

The constable—

(a)

may search the vehicle and anything in or on it to discover whether there is anything which may constitute evidence that the person concerned is a terrorist, and

(b)

may seize and retain anything which the constable—

(i)

discovers in the course of such a search, and

(ii)

reasonably suspects may constitute evidence that the person is a terrorist.

(4C)

Nothing in subsection (4B) confers a power to search any person but the power to search in that subsection is in addition to the power in subsection (1) to search a person whom the constable reasonably suspects to be a terrorist.

(5)

A person who has the powers of a constable in one Part of the United Kingdom may exercise a power under this section in any Part of the United Kingdom.

Annotations

Textual amendments

F1: S. 43(3) repealed (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 60(1), 120, Sch. 10 Pt. 4 (with s. 97); S.I. 2012/1205, art. 4(d)(l)
F2: S. 43(4A)-(4C) inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 60(2), 120 (with s. 97); S.I. 2012/1205, art. 4(d)

Modifications

C1: S. 43(4): power(s) of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68, Sch. 1 Pt. 2 para. 82; S.I. 2003/708, art. 2