PART 3Investigation and arrest
Urgent investigative stepsI15
1
Article 4 does not prevent a service policeman from taking any action for the purposes of an investigation if—
a
the action is necessary as a matter of urgency to prevent the investigation being substantially and irrevocably prejudiced;
b
the requirements of paragraph (2) are met; and
c
either—
i
the action is authorised under paragraph (3); or
ii
the requirements of paragraph (5) are met.
2
The requirements of this paragraph are met if—
a
there has been no undue delay in applying for consent under article 4(2);
b
that consent has not been refused; and
c
taking into account the urgency of the situation, it is not reasonably practicable to obtain that consent before taking action.
3
A service policeman of or above the rank of lieutenant-commander, major or squadron leader may authorise the action 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 to which the investigation relates; or
b
he has reasonable grounds for believing that such new evidence is likely to be obtained as a result of the investigation.
4
An authorisation under paragraph (3) must—
a
if reasonably practicable, be given in writing;
b
otherwise, be recorded in writing by the service policeman giving it as soon as is reasonably practicable.
5
The requirements of this paragraph are met if—
a
there has been no undue delay in applying for authorisation under paragraph (3);
b
that authorisation has not been refused; and
c
taking into account the urgency of the situation, it is not reasonably practicable to obtain that authorisation before taking the action.
6
Where the requirements of paragraph (5) are met, the action is nevertheless to be treated as having been unlawful unless, as soon as reasonably practicable after the action is taken, a service policeman of or above the rank of lieutenant-commander, major or squadron leader certifies in writing that he is satisfied that, when the action was taken—
a
new evidence had been obtained which would be relevant to an application under article 8(1) in respect of the qualifying offence to which the investigation relates; or
b
the service policeman who took the action had reasonable grounds for believing that such new evidence was likely to be obtained as a result of the investigation.