75Power of service policeman to stop and search persons, vehicles etcU.K.
(1)A service policeman may, in the circumstances mentioned in subsection (2) and in a place permitted by section 78, search any of the following for stolen or prohibited articles, controlled drugs [F1, psychoactive substances] or Her Majesty's stores—
(a)any person who is, or whom the service policeman has reasonable grounds for believing to be, a person subject to service law or a civilian subject to service discipline;
(b)a service vehicle which is in the charge of any person;
(c)any vehicle which is, or which the service policeman has reasonable grounds for believing to be, in the charge of a person subject to service law or a civilian subject to service discipline;
(d)anything which is in or on a service vehicle or a vehicle within paragraph (c).
(2)The circumstances are that the service policeman has reasonable grounds for suspecting—
(a)that the search will reveal stolen or prohibited articles;
(b)that the search will reveal Her Majesty's stores that have been unlawfully obtained;
[F2(c)in the case of the search of a person, that—
(i)the person is in possession of a controlled drug in circumstances in which he commits an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under the Misuse of Drugs Act 1971, or
(ii)the person is in possession of a psychoactive substance in circumstances in which he commits an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under the Psychoactive Substances Act 2016; or
(d)in the case of the search of a vehicle, that—
(i)the search will reveal a controlled drug that is in a person's possession in the circumstances mentioned in paragraph (c)(i), or
(ii)the search will reveal a psychoactive substance that is in a person's possession in the circumstances mentioned in paragraph (c)(ii).]
(3)A service policeman may detain for the purposes of a search under subsection (1)—
(a)any person who is, or whom the service policeman has reasonable grounds for believing to be, a person subject to service law or a civilian subject to service discipline;
(b)any person in charge of a service vehicle;
(c)any service vehicle; and
(d)any vehicle within subsection (1)(c).
(4)A service policeman may seize any article that he discovers in the course of a search under subsection (1) and that he has reasonable grounds for suspecting to be—
(a)a stolen or prohibited article;
(b)evidence of an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under the Misuse of Drugs Act 1971; F3...
[F4(ba)evidence of an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under the Psychoactive Substances Act 2016; or]
(c)any of Her Majesty's stores that have been unlawfully obtained.
Textual Amendments
F1Words in s. 75(1) inserted (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), s. 63(2), Sch. 5 para. 7(2)(a); S.I. 2016/553, reg. 2
F2S. 75(2)(c)(d) substituted (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), s. 63(2), Sch. 5 para. 7(2)(b); S.I. 2016/553, reg. 2
F3Word in s. 75(4) omitted (26.5.2016) by virtue of Psychoactive Substances Act 2016 (c. 2), s. 63(2), Sch. 5 para. 7(2)(c); S.I. 2016/553, reg. 2
F4S. 75(4)(ba) inserted (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), s. 63(2), Sch. 5 para. 7(2)(c); S.I. 2016/553, reg. 2
Commencement Information
I1S. 75 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)
I2S. 75 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4