Armed Forces Act 2006

71 Search by other persons upon arrest U.K.

(1) A person (other than a service policeman) who is exercising a power of arrest 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 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,

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

(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 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.

(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 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 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.

Commencement Information

I1 S. 71 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2 S. 71 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4