Armed Forces Bill

Armed Forces Bill - continued	House of Commons

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PART IV

THE MINISTRY OF DEFENCE POLICE

Extension of jurisdiction.

31. - (1) Section 2 of the Ministry of Defence Police Act 1987 (jurisdiction) is amended as follows.

(2) In subsection (2), for paragraph (d) there is substituted-

	"(d) land which is in the vicinity of land mentioned in any of paragraphs (a) to (c) above and in respect of which a request-
	(i) made by or on behalf of a chief officer of police for assistance in the execution of the duties of the police force for the police area in which the first-mentioned land is situated, or
	(ii) made by or on behalf of the Chief Constable of the Police Service of Northern Ireland for assistance in the execution of the duties of that service in Northern Ireland,
	has been agreed to by or on behalf of the chief constable of the Ministry of Defence Police;
	(dd) land which-
	(i) is both in the vicinity of land mentioned in any of paragraphs (a) to (c) above and in an area in which members of the British Transport Police or the United Kingdom Atomic Energy Authority Constabulary have the powers and privileges of constables, and
	(ii) in respect of which a request made by or on behalf of the chief constable of the British Transport Police or the chief constable of the United Kingdom Atomic Energy Authority Constabulary for assistance in the execution of the duties of the British Transport Police or the United Kingdom Atomic Energy Authority Constabulary has been agreed to by or on behalf of the chief constable of the Ministry of Defence Police; and".

(3) In subsection (3)-

(a) after paragraph (b) there is inserted-

	"(bb) in connection with-
	(i) offences against persons falling within paragraph (b)(i), (ii) or (iii) above,
	(ii) the incitement of such persons to commit offences, or
	(iii) offences committed under the Prevention of Corruption Acts 1889 to 1916 in relation to such persons;",

(b) the word "and" at the end of paragraph (c) is omitted, and

(e) in accordance with any of subsections (3A) to (3C) below."

(4) After subsection (3) there is inserted-

	"(3A) Where a constable of-
	(a) the police force for any police area, or
	(b) the Police Service of Northern Ireland,
	has requested the Ministry of Defence Police to assist him in the execution of his duties in relation to a particular incident, investigation or operation, members of the Ministry of Defence Police shall have for the purposes of that incident, investigation or operation the powers and privileges of a constable in any place in that police area or, as the case may be, in any place in Northern Ireland.
	(3B) Where a constable of-
	(a) the British Transport Police, or
	(b) the United Kingdom Atomic Energy Authority Constabulary,
	has requested the Ministry of Defence Police to assist him in the execution of his duties in relation to a particular incident, investigation or operation, members of the Ministry of Defence Police shall have for the purposes of that incident, investigation or operation the powers and privileges of a constable, to the extent that those powers and privileges would in the circumstances be exercisable for those purposes by a constable of the British Transport Police or the United Kingdom Atomic Energy Authority Constabulary, as the case requires.
	(3C) Any member of the Ministry of Defence Police may exercise the powers of a constable in any case where-
	(a) either of the conditions in subsection (3D) below is satisified,
	(b) he believes on reasonable grounds that, if those powers cannot be exercised until he secures the attendance of, or a request under subsection (3A) or (3B) above for assistance from, a constable who has (apart from this subsection) power to exercise them, the purpose for which he proposes to exercise those powers would be frustrated or seriously prejudiced, and
	(c) he is in uniform or has with him documentary evidence that he is a member of the Ministry of Defence Police.
	(3D) The conditions referred to in subsection (3C)(a) above are-
	(a) that the powers are exercised in relation to a person whom the member of the Ministry of Defence Police suspects on reasonable grounds to have committed an offence involving the use or threat of violence against any person, or
	(b) that the member of the Ministry of Defence Police believes on reasonable grounds that the exercise of the powers is necessary in order to save life or in order to prevent or minimise personal injury."

(5) In subsection (4), for "to (3)" and "and (3)" there are substituted respectively "to (3D)" and "and (3D)".

(6) After subsection (4) there is inserted-

"(4A) Nothing in subsection (3) above limits the powers conferred by section 2B(2)(b) below."

(7) In subsection (5)-

(a) after the definition of "appropriate Gazette" there is inserted-

""British Transport Police" means the constables appointed, or deemed to have been appointed, under section 53 of the British Transport Commission Act 1949;", and

(b) after the definition of "service authorities" there is inserted-

""United Kingdom Atomic Energy Authority Constabulary" means the special constables appointed under section 3 of the Special Constables Act 1923 on the nomination of the United Kingdom Atomic Energy Authority;".

Further amendments relating to Ministry of Defence Police.

32. Schedule 5 (which contains further amendments relating to the Ministry of Defence Police) shall have effect.

Prepared 12 December 2000