Part 3

Powers of Arrest, Search and Entry
Chapter 1

Arrest etc

Search on arrest

Search by service policeman upon arrest
70
1
A service policeman may search an arrested person if he has reasonable grounds for believing that the arrested person may present a danger to himself or others.
2
A service policeman may search an arrested person for anything that is subject to search if he has reasonable grounds for believing that the arrested person may have any such thing concealed on him.
3
For the purposes of this section a thing is “subject to search” if—
a
the arrested person might use it to assist him to escape from service custody; or
b
in the case of an arrest under section 67 or 69, it might be evidence relating to a service offence.
4
References in this section to an arrested person are to a person arrested under section 67, 69, 110, 111 or 303.
S. 70 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)
S. 70 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
S. 70 applied (1.8.2013) by The Armed Forces (Retrial for Serious Offences) Order 2013 (S.I. 2013/1852), arts. 1, 6(7)(a) (with art. 3)
Pt. 3 applied (with modifications) (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 3