Armed Forces Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Armed Forces Bill

Armed Forces Bill
Part 3 — Powers of Arrest, Search and Entry
Chapter 1 — Arrest etc
32

(b)
he may be kept in service custody until such time as a service
policeman is satisfied that the risk of his committing the service offence
concerned has passed.
Search on arrest
70
Search by service policeman upon arrest
5
(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
10
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
15
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 301.
71
Search by other persons upon arrest
(1)
A person (other than a service policeman) who is exercising a power of arrest
20
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
25
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,
30

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
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(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
40
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.

Armed Forces Bill
Part 3 — Powers of Arrest, Search and Entry
Chapter 1 — Arrest etc
33

(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
5
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
10
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.
72
Sections 70 and 71: supplementary
(1)
A person exercising the power conferred by section 70(2), or ordered or
15
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
20
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.
25
73
Seizure and retention after search upon arrest
(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.
30
(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
35
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
40
section 10 of PACE.

Armed Forces Bill
Part 3 — Powers of Arrest, Search and Entry
Chapter 2 — Stop and Search
34

74
Power to make provision conferring power to search premises at which
person arrested
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
5
PACE which relate to the power to enter and search premises, subject to such
modifications as the Secretary of State considers appropriate.
Chapter 2
Stop and Search
75
Power of service policeman to stop and search persons, vehicles etc
10
(1)
A service policeman may, in the circumstances mentioned in subsection (2) and
in a place permitted by section 78, search any of the following for stolen or
prohibited articles, controlled drugs or Her Majesty’s stores—
(a)
any person who is, or whom the service policeman has reasonable
grounds for believing to be, a person subject to service law or a civilian
15
subject to service discipline;
(b)
a service vehicle which is in the charge of any person;
(c)
any vehicle which is, or which the service policeman has reasonable
grounds for believing to be, in the charge of a person subject to service
law or a civilian subject to service discipline;
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(d)
anything which is in or on a service vehicle or a vehicle within
paragraph (c).
(2)
The circumstances are that the service policeman has reasonable grounds for
suspecting—
(a)
that the search will reveal stolen or prohibited articles;
25
(b)
that the search will reveal Her Majesty’s stores that have been
unlawfully obtained;
(c)
in the case of the search of a person, that the person is in possession of
a controlled drug in circumstances in which he commits an offence
under section 42 as respects which the corresponding offence under the
30
law of England and Wales is an offence under the Misuse of Drugs Act
1971 (c. 38); or
(d)
in the case of the search of a vehicle, that the search will reveal a
controlled drug that is in a person’s possession in such circumstances.
(3)
A service policeman may detain for the purposes of a search under subsection
35
(1)—
(a)
any person who is, or whom the service policeman has reasonable
grounds for believing to be, a person subject to service law or a civilian
subject to service discipline;
(b)
any person in charge of a service vehicle;
40
(c)
any service vehicle; and
(d)
any vehicle within subsection (1)(c).
(4)
A service policeman may seize any article that he discovers in the course of a
search under subsection (1) and that he has reasonable grounds for suspecting
to be—
45
(a)
a stolen or prohibited article;

Armed Forces Bill
Part 3 — Powers of Arrest, Search and Entry
Chapter 2 — Stop and Search
35

(b)
evidence of an offence under section 42 as respects which the
corresponding offence under the law of England and Wales is an
offence under the Misuse of Drugs Act 1971 (c. 38); or
(c)
any of Her Majesty’s stores that have been unlawfully obtained.
76
Stop and search by persons other than service policemen
5
(1)
An officer may order or authorise a person subject to service law (other than a
service policeman)—
(a)
to search, in a place permitted by section 78—
(i)
a person within subsection (2),
(ii)
a vehicle in the charge of such a person, or
10
(iii)
anything which is in or on such a vehicle,

for stolen or prohibited articles, controlled drugs or Her Majesty’s
stores;
(b)
to detain such a person or vehicle for the purposes of such a search; and
(c)
to seize any article that he discovers in the course of such a search and
15
that he has reasonable grounds for suspecting to be an article within
section 75(4)(a) to (c);

but this is subject to subsections (3) to (7).
(2)
A person is within this subsection if he is—
(a)
a person subject to service law whose commanding officer is the officer
20
mentioned in subsection (1);
(b)
a civilian subject to service discipline whose commanding officer is that
officer;
(c)
a person whom—
(i)
that officer (in the case of an order under subsection (1)), or
25
(ii)
the authorised person (in the case of an authorisation under that
subsection),

has reasonable grounds for believing to be a person within paragraph
(a) or (b).
(3)
An order under subsection (1) may be given only in relation to a particular
30
person or vehicle.
(4)
An officer may give an order under subsection (1) only in the circumstances
mentioned in section 75(2) (references to the service policeman being read as
references to the officer).
(5)
A person authorised under subsection (1) may exercise the power of search
35
conferred by virtue of that subsection only in the circumstances mentioned in
section 75(2) (references to the service policeman being read as references to the
authorised person).
(6)
An officer may give an order or authorisation under subsection (1) only if he
has reasonable grounds for believing that it is likely that—
40
(a)
an offence under section 42 would be committed, or
(b)
a person who has committed such an offence would avoid
apprehension,

if the powers conferred by this section could not be exercised before the earliest
time by which it would be practicable to obtain the assistance mentioned in
45
subsection (7).

Armed Forces Bill
Part 3 — Powers of Arrest, Search and Entry
Chapter 2 — Stop and Search
36

(7)
That assistance is—
(a)
the assistance of a service policeman; or
(b)
in a case where corresponding powers conferred by section 1 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
5
exercising those corresponding powers.
77
Sections 75 and 76: definitions
(1)
Subsections (2) to (6) apply for the purposes of sections 75 and 76.
(2)
“Controlled drug” has the meaning given by section 2 of the Misuse of Drugs
Act 1971 (c. 38).
10
(3)
“Her Majesty’s stores” has the same meaning as in the Public Stores Act 1875
(c. 25).
(4)
“Prohibited article” means—
(a)
an offensive weapon, other than one in the possession of a person who
is permitted to have it in his possession for the purposes of any of Her
15
Majesty’s forces;
(b)
an article made or adapted for use in the course of or in connection with
an offence under section 42 as respects which the corresponding
offence under the law of England and Wales is an offence mentioned in
subsection (8); or
20
(c)
an article intended by the person having it with him for such use by him
or by some other person.
(5)
“Service vehicle” means a vehicle which—
(a)
belongs to any of Her Majesty’s forces; or
(b)
is in use for the purposes of any of those forces.
25
(6)
“Stolen”, in relation to an article, has the same meaning as it has by virtue of
section 24 of the Theft Act 1968 (c. 60) in the provisions of that Act relating to
goods which have been stolen.
(7)
In subsection (4)(a) “offensive weapon” means any article—
(a)
made or adapted for use for causing injury to persons; or
30
(b)
intended by the person having it with him for such use by him or by
some other person.
(8)
The offences referred to in subsection (4)(b) are—
(a)
an offence under section 1 of the Theft Act 1968 (theft);
(b)
an offence under section 9 of that Act (burglary);
35
(c)
an offence under section 12 of that Act (taking vehicle etc without
consent);
(d)
an offence under section 1 of the Criminal Damage Act 1971 (c. 48)
(destroying or damaging property);
(e)
an offence under section 1 of the Fraud Act 2006 (fraud).
40
(9)
The reference in subsection (4)(b) to an offence under section 42 includes an act
or omission which would constitute such an offence if done or made by a
person subject to service law.