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Powers of arrest, search, &c. |
| Arrest of suspected terrorists: power of entry. |
81. A constable may enter and search any premises if he reasonably suspects that a terrorist, within the meaning of section 40(1)(b), is to be found there.
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| Arrest and seizure: constables. |
82. - (1) A constable may arrest without warrant any person if he reasonably suspects that the person is committing, has committed or is about to commit-
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(a) a scheduled offence, or |
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(b) a non-scheduled offence under this Act. |
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(2) For the purpose of arresting a person under this section a constable may enter and search any premises where the person is or where the constable reasonably suspects him to be.
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(3) A constable may seize and retain anything if he reasonably suspects that it is, has been or is intended to be used in the commission of-
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(a) a scheduled offence, or |
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(b) a non-scheduled offence under this Act. |
| Arrest and seizure: armed forces. |
83. - (1) If a member of Her Majesty's forces on duty reasonably suspects that a person is committing, has committed or is about to commit any offence he may-
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(a) arrest the person without warrant, and |
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(b) detain him for a period not exceeding four hours. |
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(2) A person making an arrest under this section complies with any rule of law requiring him to state the ground of arrest if he states that he is making the arrest as a member of Her Majesty's forces.
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(3) For the purpose of arresting a person under this section a member of Her Majesty's forces may enter and search any premises where the person is.
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(4) If a member of Her Majesty's forces reasonably suspects that a person-
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(a) is a terrorist (within the meaning of Part V), or |
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(b) has committed an offence involving the use or possession of an explosive or firearm, |
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he may enter and search any premises where he reasonably suspects the person to be for the purpose of arresting him under this section.
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(5) A member of Her Majesty's forces may seize, and detain for a period not exceeding four hours, anything which he reasonably suspects is being, has been or is intended to be used in the commission of an offence under section 93 or 94.
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(6) The reference to a rule of law in subsection (2) does not include a rule of law which has effect only by virtue of the Human Rights Act 1998.
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| Munitions and transmitters. |
84. Schedule 10 (which confers power to search for munitions and transmitters) shall have effect.
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| Explosives inspectors. |
85. - (1) An explosives inspector may enter and search any premises for the purpose of ascertaining whether any explosive is unlawfully there.
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(2) The power under subsection (1) may not be exercised in relation to a dwelling.
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(3) An explosives inspector may stop any person in a public place and search him for the purpose of ascertaining whether he has any explosive unlawfully with him.
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(4) An explosives inspector may-
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(a) seize any explosive found in the course of a search under this section unless it appears to him that it is being, has been and will be used only for a lawful purpose, and |
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(b) may retain and, if necessary, destroy it. |
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(5) In this section "explosives inspector" means an inspector appointed under section 53 of the Explosives Act 1875.
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| Unlawfully detained persons. |
86. - (1) If an officer reasonably believes that a person is unlawfully detained in such circumstances that his life is in danger, the officer may enter any premises for the purpose of ascertaining whether the person is detained there.
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(2) In this section "officer" means-
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(a) a member of Her Majesty's forces on duty, or |
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(3) A dwelling may be entered under subsection (1) only by-
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(a) a member of Her Majesty's forces authorised for the purpose by a commissioned officer of those forces, or |
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(b) a constable authorised for the purpose by an officer of the Royal Ulster Constabulary of at least the rank of inspector. |
| Examination of documents. |
87. - (1) A member of Her Majesty's forces or a constable who performs a search under a provision of this Part-
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(a) may examine any document or record found in order to ascertain whether it contains information of the kind mentioned in section 58(1)(a) or 103(1)(a), and |
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(b) if necessary or expedient for the purpose of paragraph (a), may remove the document or record to another place and retain it there until the examination is completed. |
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(2) Subsection (1) shall not permit a person to examine a document or record if he has reasonable cause to believe that it is an item subject to legal privilege (within the meaning of the Police and Criminal Evidence (Northern Ireland) Order 1989).
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(3) Subject to subsections (4) and (5), a document or record may not be retained by virtue of subsection (1)(b) for more than 48 hours.
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(4) An officer of the Royal Ulster Constabulary who is of at least the rank of chief inspector may authorise a constable to retain a document or record for a further period or periods.
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(5) Subsection (4) does not permit the retention of a document or record after the end of the period of 96 hours beginning with the time when it was removed for examination under subsection (1)(b).
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(6) A person who wilfully obstructs a member of Her Majesty's forces or a constable in the exercise of a power conferred by this section commits an offence.
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(7) A person guilty of an offence under subsection (6) shall be liable-
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(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or |
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(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both. |
| Examination of documents: procedure. |
88. - (1) Where a document or record is examined under section 87-
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(a) it shall not be photographed or copied, and |
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(b) the person who examines it shall make a written record of the examination as soon as is reasonably practicable. |
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(2) The record shall-
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(a) describe the document or record, |
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(b) specify the object of the examination, |
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(c) state the address of the premises where the document or record was found, |
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(d) where the document or record was found in the course of a search of a person, state the person's name, |
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(e) where the document or record was found in the course of a search of any premises, state the name of a person appearing to the person making the record to be the occupier of the premises or to have had custody or control of the document or record when it was found, |
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(f) where the document or record is removed for examination from the place where it was found, state the date and time when it was removed, and |
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(g) where the document or record was examined at the place where it was found, state the date and time of examination. |
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(3) The record shall identify the person by whom the examination was carried out-
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(a) in the case of a constable, by reference to his police number, and |
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(b) in the case of a member of Her Majesty's forces, by reference to his service number, rank and regiment. |
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(4) Where a person makes a record of a search in accordance with this section, he shall as soon as is reasonably practicable supply a copy-
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(a) in a case where the document or record was found in the course of a search of a person, to that person, and |
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(b) in a case where the document or record was found in the course of a search of any premises, to a person appearing to the person making the record to be the occupier of the premises or to have had custody or control of the document or record when it was found. |
