Police and Justice Act 2006

Police powers

10 Police bail

Schedule 6, which amends provisions in the Police and Criminal Evidence Act 1984 (c. 60) that relate to bail—

(a) granted by a constable elsewhere than at a police station, or

(b) granted at a police station,

has effect.

11 Power to detain pending DPP’s decision about charging

In section 37 of the Police and Criminal Evidence Act 1984 (duties of custody officer before charge), in paragraph (a) of subsection (7) (officer’s duties when he determines that there is sufficient evidence to charge), for “shall be released without charge and on bail for the purpose” there is substituted “shall be—

(i) released without charge and on bail, or

(ii) kept in police detention,

for the purpose”.

12 Power to stop and search at aerodromes

In Part 3 of the Aviation Security Act 1982 (c. 36) (policing of airports), before section 25 there is inserted—

“Power to stop and search at aerodromes

24B Power of constable to stop and search persons, vehicles etc

(1) Subject to subsection (2) below, a constable may search—

(a) any person, vehicle or aircraft in an aerodrome, or

(b) anything which is in or on such a vehicle or aircraft,

for stolen or prohibited articles.

(2) This section does not give a constable power to search a person, vehicle or aircraft, or anything in or on a vehicle or aircraft, unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles.

(3) For the purposes of exercising the power conferred by subsection (1) above, a constable may—

(a) enter any part of an aerodrome;

(b) detain a person, vehicle or aircraft;

(c) board an aircraft.

(4) If in the course of a search under subsection (1) above a constable discovers an article which he has reasonable grounds for suspecting to be a stolen or prohibited article, he may seize it.

(5) An article is prohibited for the purposes of this section if it is an article—

(a) made or adapted for use in the course of or in connection with criminal conduct, or

(b) intended by the person having it with him for such use by him or by some other person.

(6) In this section “criminal conduct” means conduct which—

(a) constitutes an offence in the part of the United Kingdom in which the aerodrome is situated, or

(b) would constitute an offence in that part of the United Kingdom if it occurred there.

(7) The powers conferred by this section on a constable are without prejudice to any powers exercisable by him apart from this section.

(8) The exercise of a power under this section does not require a warrant.

(9) Nothing in this section authorises a constable to enter a dwelling.”