PROVISIONS IN THE CURRENT BILL RELATING
TO THE MDP
16. In the Explanatory Notes to the Anti-Terrorism
Bill, the Government says that: 'The limitations on the jurisdiction
of the force have been reviewed in the light of the threat of
terrorism and of the changed deployment pattern of the MDP', which
'include the increased use of mobile patrols, involving movement
between defence establishments and bringing MDP officers more
into contact with the public than previously.'[28]
The Bill would effect a number of changes in the MDP's jurisdiction
which are similar to those proposed in the Armed Forces Bill:
the present power of MDP officers to act 'in
the vicinity of defence land' would be replaced by the power to
act in relation to a particular incident, investigation or operation
where assistance is requested by another force. They would not
be restricted to the vicinity of defence land.[29]
The MDP's powers would be extended to enable
them to deal with offences committed against defence personnel
as well as by them (but only in respect of offences under
the Prevention of Corruption Acts).[30]
MDP officers coming across an incident outside
the defence estate currently only have the same powers as an ordinary
citizen to deal with it, and can only make a citizen's arrest.
The Bill's proposals would give the power to an MDP officer in
uniform (or having proof of being an officer) to act, without
a request from a Home Department officer, if he reasonably believes
that waiting would jeopardise the purpose of his action, in circumstances
where he has reasonable grounds for suspecting that an offence
is about to be, is being, or has been, committed or where action
is necessary to save life or prevent injury.[31]
This proposal differs from the one contained in the Armed Forces
Bill in that the powers given here are broader: in the previous
Bill action was limited to offences which had been committed
and which involved the use or threat of violence.
Clause 98 provides that the Chief Constable
of the MDP may, in response to a request from another chief police
officer, provide MDP officers to assist other police forces when
they require extra resources to meet a 'special burden' or a 'special
demand' on them. When fulfilling this role, the Bill provides
for MDP officers to come under the direction of the chief officer
of the force they are serving with and to have the full powers
of a constable at that time, without any of the limits on jurisdiction
which would normally apply to an MDP officer.[32]
17. There are some further proposals which were not
included in the Armed Forces Bill clauses but which are in the
Anti-Terrorism Bill to deal specifically with terrorism issues:
The MDP would have the power, in certain circumstances,
to designate areas in which cordons can be erected in connection
with a terrorist investigation. A uniformed constable will be
able to order a person or vehicle to leave the cordoned area and
adjacent areas, to remove vehicles from the area, and to restrict
access to the area.[33]
The MDP would have the power, in certain circumstances,
to specify areas or places in which, for up to 28 days, MDP officers
can stop and search vehicles, their occupants and pedestrians
for the prevention of terrorism. An assistant chief constable,
or higher grade, can authorise any uniformed constable to undertake
these procedures; the Secretary of State must confirm such orders
within 48 hours.[34]
28 Explanatory
Notes to the Anti-Terrorism, Crime and Security Bill, paragraph
237 Back
29 ibid,
paragraphs 240 and 242 Back
30 ibid,
paragraph 241; see also Q 27 Back
31 ibid,
paragraph 243 Back
32 ibid,
paragraph 244 Back
33 ibid,
paragraph 257. This power only applies to the defence estate,
unless MDP officers are responding to requests from local police
forces-See Schedule 7 to the Bill. See also Q 20. Back
34 ibid,
paragraph 258. This power only applies to the defence estate,
unless MDP officers are responding to requests from local police
forces-See Schedule 7 to the Bill. Back
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