PART 3Investigation and arrest
Authorisation of investigations4
1
This article applies to the investigation of the commission of a qualifying offence by a person acquitted of the qualifying offence in proceedings within article 3(1).
2
A service policeman may not, for the purposes of investigating the acquitted person’s alleged commission of the qualifying offence, and with or without that person’s consent—
a
arrest or question him,
b
search him or premises owned or occupied by him,
c
search a vehicle owned by him or anything in or on such a vehicle,
d
seize anything in his possession, or
e
take his fingerprints or take a sample from him,
unless the Director has given his written consent to the investigation (whether before or after the start of the investigation).
3
The Director may give such consent only on a written application by a service policeman of or above the rank of commander, lieutenant-colonel or wing-commander.
4
A service policeman may make an application under paragraph (3) only if—
a
he is satisfied that new evidence has been obtained which would be relevant to an application under article 8(1) in respect of the qualifying offence; or
b
he has reasonable grounds for believing that such new evidence is likely to be obtained as a result of the investigation.
5
The Director may give his consent only if satisfied that—
a
there is, or there is likely as a result of the investigation to be, sufficient new evidence to warrant the conduct of the investigation; and
b
it is in the public interest for the investigation to proceed.
6
In giving his consent, the Director may recommend that the investigation be conducted otherwise than by officers of a specified police force.
7
This article is subject to article 5.