The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

Search on arrest U.K.

31.—(1) In section 70 of AFA 2006 (search by service policeman on arrest)—

(a) in subsection (3), the reference to an arrest under section 67 or 69 includes an arrest under section 74 or 74A of AA 1955 or AFA 1955 or section 45 or 45A of NDA 1957;

(b) in subsection (4), the reference to a person arrested under section 67, 69, 110, 111 or 303 includes a person arrested under section 74, 74A or 75K of AA 1955 or AFA 1955 or section 45, 45A or 47L of NDA 1957.

(2) Section 71(4) of AFA 2006 (power to order or authorise search of arrested person for things subject to search) applies (as well as in the case mentioned in section 71(2)) in any case where—

(a) a person (“the SDA arrested person”) has been arrested under section 74 or 75K of AA 1955 or AFA 1955 or section 45 or 47L of NDA 1957 by a person other than a service policeman; and

(b) the SDA arrested person's commanding officer has reasonable grounds for believing as mentioned in section 71(2)(b) of AFA 2006.

(3) Where section 71(4) of AFA 2006 applies by virtue of paragraph (2) above, references in section 71(4), (5) and (6) to the arrested person are to be read as to the SDA arrested person, and section 71(8) does not apply.

(4) Where, immediately before commencement, an order or authorisation under section 10(5) of AFA 2001 has effect (order for or authorisation of search of arrested person), the order or authorisation has effect after commencement as if given under section 71(4) of AFA 2006.

(5) In section 73(2) of AFA 2006 (seizure and retention after search upon arrest) the reference to arrest under section 67 or 69 includes arrest under section 74 or 74A of AA 1955 or AFA 1955 or section 45 or 45A of NDA 1957.

(6) Where, immediately before commencement, a person was under section 10(10) of AFA 2001 retaining a seized item, he may continue to retain it after commencement if he has reasonable grounds for believing as mentioned in section 73(1) of AFA 2006.

(7) Where, immediately before commencement, a person was under section 10(11) of AFA 2001 retaining a seized item, he may continue to retain it after commencement if he has reasonable grounds for believing as mentioned in section 73(2) of AFA 2006 (as modified by this Part).

(8) In section 74 of AFA 2006 (power to make provision conferring power to search premises at which person arrested), the reference to section 67 includes a reference to section 74 of AA 1955 or AFA 1955 or section 45 of NDA 1957.