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Armed Forces Act 2006

Changes over time for: Cross Heading: Search on arrest

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Changes and effects yet to be applied to Part 3 Chapter 1 Crossheading Search-on-arrest:

  • specified provision(s) transitional provisions for effects of commencing SI 2009/812 by S.I. 2009/1059 Order

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Search on arrestU.K.

70Search by service policeman upon arrestU.K.

(1)A service policeman may search an arrested person if he has reasonable grounds for believing that the arrested person may present a danger to himself or others.

(2)A service policeman may search an arrested person for anything that is subject to search if he has reasonable grounds for believing that the arrested person may have any such thing concealed on him.

(3)For the purposes of this section a thing is “subject to search” if—

(a)the arrested person might use it to assist him to escape from service custody; or

(b)in the case of an arrest under section 67 or 69, it might be evidence relating to a service offence.

(4)References in this section to an arrested person are to a person arrested under section 67, 69, 110, 111 or 303.

Modifications etc. (not altering text)

Commencement Information

I1S. 70 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2S. 70 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

71Search by other persons upon arrestU.K.

(1)A person (other than a service policeman) who is exercising a power of arrest may search the arrested person if he has reasonable grounds for believing that the arrested person may present a danger to himself or others.

(2)Subsection (4) (power to search arrested person for things subject to search) applies where—

(a)a person (“the arrested person”) is to be or has been arrested by a person other than a service policeman; and

(b)the commanding officer of the arrested person has reasonable grounds for believing that it is likely that that person would—

(i)escape from service custody, or

(ii)conceal, damage, alter or destroy evidence,

if a search for things subject to search could not be carried out before the earliest time by which it would be practicable to obtain the assistance mentioned in subsection (3).

(3)That assistance is—

(a)the assistance of a service policeman; or

(b)in a case where corresponding powers conferred by section 32(2)(a) of PACE or any other enactment are exercisable by a member of a UK police force, the assistance of a member of such a force who is capable of exercising those corresponding powers.

(4)Where this subsection applies, the commanding officer of the arrested person may order or authorise the person exercising the power of arrest to search the arrested person, on or after exercising the power, for anything that is subject to search.

(5)A commanding officer may give an order under subsection (4) only if he has reasonable grounds for believing that the arrested person may have concealed on him anything that is subject to search.

(6)A person authorised under subsection (4) may exercise the power of search conferred by that subsection only if he has reasonable grounds for believing that the arrested person may have concealed on him anything that is subject to search.

(7)Section 70(3) (meaning of things “subject to search”) applies for the purposes of this section.

(8)References in this section to arrest are to arrest under section 67, 110 or 111, and related expressions in this section are to be read accordingly.

(9)The Defence Council may by regulations provide for the delegation by a commanding officer of his functions under this section.

Commencement Information

I3S. 71 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I4S. 71 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

72Sections 70 and 71: supplementaryU.K.

(1)A person exercising the power conferred by section 70(2), or ordered or authorised under section 71(4), may search the arrested person only to the extent that is reasonably required for the purpose of discovering anything that is subject to search (within the meaning of those sections).

(2)Nothing in section 70 or 71 authorises anyone to require an arrested person to remove any of his clothing in public other than an outer coat, jacket, headgear or gloves.

(3)The reference in subsection (2) to headgear does not include headgear worn for religious reasons.

(4)Any power of search conferred by section 70 or 71 authorises the search of the arrested person's mouth.

Commencement Information

I5S. 72 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I6S. 72 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

73Seizure and retention after search upon arrestU.K.

(1)A person exercising the power conferred by section 70(1) or 71(1) may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person.

(2)A person exercising the power conferred by section 70(2), or ordered or authorised under section 71(4), may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing—

(a)that the person searched might use it to assist him to escape from service custody; or

(b)in the case of an arrest under section 67 or 69, that it is evidence of a service offence or has been obtained in consequence of the commission of a service offence.

(3)In subsection (2) “item subject to legal privilege” has the meaning given by section 10 of PACE.

Commencement Information

I7S. 73 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I8S. 73 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

74Power to make provision conferring power to search premises at which person arrestedU.K.

The Secretary of State may by order make provision, in relation to premises in which a person was when or immediately before he was arrested under section 67, which is equivalent to that made by any of the provisions of section 32 of PACE which relate to the power to enter and search premises, subject to such modifications as the Secretary of State considers appropriate.

Commencement Information

I9S. 74 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I10S. 74 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Yn ôl i’r brig

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