Made | 24th July 2006 | ||
Laid before Parliament | 27th July 2006 | ||
Coming into force | 31st December 2006 |
Column 1 | Column 2 |
Provisions applied | Modifications |
In section 54— | |
subsection (1) |
(i) for "The custody officer at a police station" substitute "A service policeman"; (ii) for paragraph (a) substitute "brought to a service police establishment under arrest or after being committed to custody on the order of a judicial officer; or"; and (iii) for paragraph (b) substitute "arrested at a service police establishment."; |
subsection (2) |
(i) for "custody officer" substitute "service policeman"; and (ii) after "recorded" insert "in writing"; |
subsection (3) | for "custody officer" substitute "service policeman"; |
subsection (4) | for "the custody officer" substitute "a service policeman"; |
subsection (5) | |
subsection (6) | for "custody officer" wherever it appears substitute "service policeman"; |
subsection (6A) | for "police station or is in police detention otherwise than at a police station" substitute "service police establishment"; |
subsections (6B) and (6C) | for "constable" wherever it appears substitute "service policeman"; |
subsection (7) | |
subsection (8) |
(i) at the beginning of the subsection insert the words "Subject to subsection (9),"; and (ii) for "constable" substitute "service policeman"; |
subsection (9) |
(i) for "constable" substitute "service policeman"; and (ii) after "searched" insert "but where a service policeman of the same sex is not readily available a search may be carried out by an officer, warrant officer, non-commissioned officer or leading rate who is of the same sex as the person searched and is acting under the direction of a service policeman". |
In section 54A— | |
subsection (1) |
(i) for "officer of at least the rank of inspector" substitute "authorising service policeman"; and (ii) for "detained in a police station" substitute "in custody at a service police establishment"; |
subsections (2), (3) and (4) | for "officer" wherever it occurs substitute "authorising service policeman"; |
subsection (5) | |
subsection (6) | for "constables" substitute "service policemen"; |
subsections (7) and (8) | |
subsection (9) | in paragraph (a) for "the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution" substitute "the detection, investigation or prosecution of offences under the service discipline Acts"; |
subsections (11), (12) and (13) | |
In section 55— | |
subsection (1) |
(i) for "officer of at least the rank of inspector" substitute "authorising service policeman"; (ii) in paragraph (a) for "police detention" where it first appears substitute "custody"; and (iii) in paragraph (a)(ii) for "police detention or in the custody of a court" substitute "custody"; |
subsections (2) and (3) | for "officer" wherever it occurs substitute "authorising service policeman"; |
subsection (3A) | |
subsection (3B) | for "an appropriate officer" substitute the words "a service policeman"; |
subsection (4) | |
subsection (5) | for "officer of at least the rank of inspector" substitute "authorising service policeman"; |
subsections (6) and (7) | for "constable" wherever it occurs substitute "service policeman"; |
subsections (8) and (9) | for "police station" wherever it appears substitute the words "service police establishment"; |
subsection (10) | for "the custody record relating to him shall state" substitute "a record shall be made in writing by a service policeman stating"; |
subsection (10A) | for "the custody record relating to that person shall also state" substitute "a record shall be made in writing by a service policeman stating"; |
subsection (11) | |
subsection (12) | for "The custody officer at a police station" substitute "A service policeman" |
subsection (13) | |
subsection (13A) |
(i) for paragraph (b) substitute "and"; and (ii) in paragraph (c) delete "or jury"; |
subsection (17) | |
(i) in the definition of "the appropriate criminal intent" after the word "offence" insert "under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957, consisting of a civil offence", delete "(a)", delete "or" and delete paragraph (b); (ii) delete the definition of "appropriate officer"; (iii) after the definition of "Class A drug" insert: “"court" shall include a court-martial and summary appeal Court under any of the service discipline Acts, Standing Civilian Courts under section 6 of the Armed Forces Act 1976[7] and the Courts-Martial Appeal Court under the Courts-Martial (Appeals) Act 1968[8]“; (iv) for "officer" in the definition of "drug offence search" substitute "authorising service policeman"; and (v) after "nurse" in the definition of "suitably qualified person" insert "; or (c) a member of the Royal Naval Medical Branch.". |
|
In section 55A— | |
subsection (1) |
(i) for "officer of at least the rank of inspector" substitute "authorising service policeman"; (ii) for "police detention" substitute "custody"; and (iii) for "the officer" substitute "the authorising service policeman"; |
subsection (2) | |
subsection (3) | for "an appropriate officer" substitute "a service policeman"; |
subsection (4) | |
subsection (5) | for "The custody record of the person must also state" substitute "A record shall be made in writing by a service policeman stating"; |
subsection (6) | |
subsection (9) |
(i) for paragraph (b) substitute "and"; and (ii) in paragraph (c) delete "or jury"; |
subsection (10) |
(i) delete “, "appropriate officer"“; and (ii) after "above" add "as amended by this Order". |
In section 56— | |
subsection (1) | for "police station" substitute "service police establishment"; |
subsection (2) |
(i) in paragraph (a) for "police detention" substitute "custody"; (ii) in paragraph (a) for "an indictable offence" substitute "a serious service offence"; and (iii) in paragraph (b) for "officer of at least the rank of inspector" substitute "authorising service policeman"; |
subsection (3) | for the words after "hours" substitute "from the time of his arrest"; |
subsection (4) | for "officer" substitute "authorising service policeman"; |
subsection (5) |
(i) omit "Subject to subsection (5A) below,"; (ii) for "officer" substitute "authorising service policeman"; and (iii) in paragraph (a) for "an indictable offence" substitute "a serious service offence"; |
subsection (6) |
(i) in paragraph (a) for "detained person" substitute "person in custody"; and (ii) in paragraph (b) for "noted on his custody record" substitute "recorded in writing by a service policeman"; |
subsection (7) | |
subsection (8) | for "detained at a police station" substitute "held in custody at a service police establishment"; |
subsection (9) | |
In section 58— | |
subsection (1) |
(i) for "police station" substitute "service police establishment"; and (ii) for "solicitor" substitute "legal adviser"; |
subsection (2) |
(i) omit "Subject to subsection (3) below,"; and (ii) for "the custody record" substitute "writing by a service policeman"; |
subsection (4) | for "solicitor" substitute "legal adviser"; |
subsection (5) |
(i) for "solicitor" substitute "legal adviser"; and (ii) for the words after "hours" substitute "from the time of his arrest"; |
subsection (6) |
(i) in paragraph (a) for "police detention" substitute "custody"; (ii) in paragraph (a) for "an indictable offence" substitute "a serious service offence"; and (iii) in paragraph (b) for "officer of at least the rank of superintendent" substitute "authorising service policeman"; |
subsection (7) | for "officer" substitute "authorising service policeman"; |
subsection (8) |
(i) omit "Subject to subsection (8A) below,"; (ii) for "officer" substitute "authorising service policeman"; (iii) for "detained" substitute "in custody"; and (iv) in paragraph (a) for "an indictable offence" substitute "a serious service offence"; |
subsection (9) |
(i) in paragraph (a) for "detained person" substitute "person in custody"; and (ii) in paragraph (b) for "noted on his custody record" substitute "recorded in writing by a service policeman"; |
subsections (10) and (11) | |
In section 61— | |
subsection (1) | |
subsection (2) | for "police station" substitute "service police establishment"; |
subsection (3) |
(i) for "detained" wherever it appears substitute "in custody"; (ii) for "police station" substitute "service police establishment"; (iii) in paragraph (a) for "recordable offence" substitute "recordable service offence"; and (iv) in paragraph (b) for "the police" substitute "a service policeman"; |
subsection (3A) | for "the police" substitute "a service policeman"; |
subsection (4) |
(i) for "detained" substitute "in custody"; (ii) for "police station" substitute "service police establishment"; (iii) in paragraph (a) for "recordable offence" substitute "recordable service offence"; and (iv) in paragraph (b) for "the police" substitute " a service policeman"; |
subsection (6) |
(i) omit "(a)" and for the words after "convicted" substitute "or found guilty of a recordable service offence"; and (ii) omit paragraphs (b) and (c); |
subsection (7) | in paragraph (b) after "recorded" insert "in writing by a service policeman"; |
subsection (7A) |
(i) for "police station" substitute "service police establishment"; (ii) in paragraph (a) for "an officer" substitute "a service policeman"; and (iii) in paragraph (b) after "recorded" insert "in writing by a service policeman"; |
subsection (8) |
(i) for "detained at a police station" substitute "in custody at a service police establishment"; and (ii) after "recorded" substitute "in writing by a service policeman"; |
subsection (8B) |
(i) for "detained at a police station" substitute "in custody at a service police establishment"; and (ii) for "constable" substitute "service policeman"; |
subsection (10) | |
In section 61A— | |
subsection (1) | |
subsection (2) | for "at a police station" substitute "at a service police establishment"; |
subsection (3) |
(i) for "detained at a police station" substitute "in custody at a service police establishment"; (ii) in paragraph (a) for "detained" substitute "in custody"; (iii) in paragraph (a) for "recordable offence" wherever it appears substitute "recordable service offence"; and (iv) in paragraph (b) for "the police" substitute "a service policeman"; |
subsection (4) | for "the police" substitute "a service policeman"; |
subsection (5) |
(i) for "police station" substitute "service police establishment"; (ii) in paragraph (a) for "an officer" substitute "a service policeman"; (iii) in paragraph (b) after "recorded" insert "in writing by a service policeman"; and (iv) in paragraph (b) delete the words after "been taken"; |
subsection (6) | in paragraph (b) for "on his custody record" substitute "in writing by a service policeman"; |
subsection (7) |
(i) for "detained at a police station" substitute "in custody at a service police establishment"; and (ii) for "constable" substitute "service policeman"; |
subsection (8) | omit "(a) arrested or detained under the terrorism provisions; (b)". |
In section 62— | |
subsection (1) |
(i) omit "Subject to section 63B below,"; (ii) for "in police detention" substitute "in custody at a service police establishment"; and (iii) in paragraph (a) for "a police officer of at least the rank of inspector" substitute "an authorising service policeman"; |
subsection (1A) |
(i) for "in police detention" substitute "in custody at a service police establishment"; and (ii) in paragraph (a) for "a police officer of at least the rank of inspector" substitute "an authorising service policeman"; |
subsection (2) |
(i) for "officer" substitute "authorising service policeman"; and (ii) in paragraph (a) for "recordable offence" substitute "recordable service offence"; |
subsection (3) | for "officer" substitute "authorising service policeman"; |
subsection (4) | |
subsection (5) | for "an officer" substitute "a service policeman"; |
subsection (6) | |
subsection (7) | after "recorded" insert "in writing by a service policeman"; |
subsection (7A) |
(i) for "police station" substitute "service police establishment"; (ii) in paragraph (a) for "an officer" substitute "a service policeman"; and (iii) in paragraph (b) after "recorded" insert "in writing by a service policeman"; |
subsection (9) | |
subsection (9A) | after "medical practitioner;" insert "(aa) a member of a service medical authority;"; |
subsection (10) |
(i) omit "(i) whether to commit that person for trial; or (ii)"; (ii) omit paragraph (aa); (iii) delete "or jury"; and (iv) after "proper" add “and "court" shall have the same meaning as applied by this order in relation to section 55(17).“; |
subsection (11) | for the words after "provisions of" substitute "sections 5 to 10 of the Road Traffic Act 1988[9] as applied to persons subject to the service discipline Acts by section 184 of that Act, to the provision of a sample for drug testing nor to the provision of a sample under section 32 of the Armed Forces Act 2001[10]". |
In section 63— | |
subsections (1), (2) and (2A) | |
subsection (2B) |
(i) for "in police detention" substitute "in custody at a service police establishment"; and (ii) for "recordable offence" substitute "recordable service offence"; |
subsection (2C) | in paragraph (a) for "the police" substitute "a service policeman"; |
subsection (3) |
(i) in paragraph (a) for "by the police on the authority of a court" substitute "on the order of a judicial officer"; and (ii) in paragraph (b) for "officer of at least the rank of inspector" substitute "authorising service policeman"; |
subsection (3A) |
(i) for "in police detention or held in custody by the police on the authority of a court" substitute "in custody at a service police establishment after arrest or held in custody during court martial proceedings"; (ii) in paragraph (a) for "recordable offence" substitute "recordable service offence"; and (iii) for "the police" substitute "a service policeman"; |
subsection (3B) | for "recordable offence" substitute "recordable service offence"; |
subsection (3C) | for the words after "whom" substitute "section 116A of the Army Act 1955[11], section 116A of the Air Force Act 1955[12] or section 63A of the Naval Discipline Act 1957[13] applies and he has been made the subject of a hospital order."; |
subsection (4) |
(i) for "officer" substitute "authorising service policeman"; and (ii) in paragraph (a) for "recordable offence" substitute "recordable service offence"; |
subsections (5) and (5A) | for "officer" wherever it appears substitute "authorising service policeman"; |
subsection (6) | for "an officer" substitute "a service policeman"; |
subsection (7) | |
subsections (8) and (8A) | after "recorded" wherever it appears insert "in writing by a service policeman"; |
subsection (8B) |
(i) for "police station" substitute "service police establishment"; (ii) in paragraph (a) for "an officer" substitute "a service policeman"; and (iii) in paragraph (b) after "recorded" insert "in writing by a service policeman"; |
subsection (9ZA) | for "constable" substitute "service policeman"; |
subsection (11) | |
In section 63A— | |
subsection (1) | for "recordable offence" substitute "recordable service offence"; |
subsections (1A), (1B), (1C), (1D) and (2) | |
subsection (3) | after "applies" add "or in other places used for the accommodation of persons held in service custody"; |
subsection (4) |
(i) for "constable" substitute "service policeman"; (ii) after "require a person" insert "who is subject to a service discipline Act and"; (iii) for "in police detention nor held in custody by the police on the authority of a court" substitute "in custody at a service police establishment nor held in custody during court-martial proceedings"; (iv) for "police station" substitute "service police establishment while so subject"; (v) for "recordable offence" wherever it appears substitute "recordable service offence"; (vi) in paragraph (a) for "the police" substitute "a service policeman"; (vii) in paragraph (b) after "been convicted" insert "or found guilty"; and (viii) in paragraph (b) after "conviction" wherever it appears insert "or finding of guilt"; |
subsection (5) |
(i) for "police station" substitute "service police establishment"; (ii) for "the appropriate officer" wherever it appears substitute "a service policeman"; and (iii) in paragraph (b) after "conviction" insert "or finding of guilt"; |
subsection (6) | |
subsection (7) | for "constable" substitute "service policeman". |
In section 64— | |
subsection (1A) | for the words after "related to" substitute "the detection, investigation or prosecution of offences under the service discipline Acts."; |
subsection (1B) |
(i) in paragraphs (a) and (b), after "person" add "for purposes related to the detection, investigation or prosecution of offences under the service discipline Acts"; and (ii) omit paragraphs (c) and (d); |
subsection (3) | |
subsection (3AA) | in paragraph (a) after "convicted" add "or found guilty"; |
subsection (3AB) |
(i) delete "Subject to subsection (3AC) below,"; and (ii) after "from the sample" substitute "shall, subject to subsection (1B), be used for a purpose related to an investigation or prosecution of an offence conducted under any of the service discipline Acts"; |
subsection (3AC) | for paragraph (b) substitute "and"; |
subsection (3AD) | |
subsection (5) | in paragraph (b) for "chief officer of police" substitute "service policeman"; |
subsection (6) | |
subsection (6A) | for "the responsible chief officer of police" substitute "a service policeman not below the rank of Lieutenant (Royal Navy), Captain (Army) or Flight Lieutenant (Royal Air Force) answerable for the maintenance of that computerised fingerprint record". |
In section 64A— | |
subsection (1) | for "detained at a police station" substitute "in custody at a service police establishment"; |
subsection (1A) |
(i) for "falling within subsection (1B) below" substitute "who has been arrested by a service policeman for an offence"; (ii) for "the relevant event referred to in subsection (1B)" substitute "the arrest"; and (iii) for "police station" substitute "service police establishment"; |
subsection (2) | |
subsection (3) | for "constables" substitute "service policemen"; |
subsection (4) | in paragraph (a) for "the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution or to the enforcement of a sentence" substitute "the detection, investigation or prosecution of offences under the service discipline Acts"; |
subsections (6), (6A) and (7) | |
In section 65— | |
subsection (1) |
(a) insert the following definitions— (i) after the definition of "appropriate consent" insert: “"authorising service policeman" shall be construed in accordance with subsections (2A) and (3); "custody" means custody under any of the service discipline Acts;“
“"legal adviser" means—
(b) an advocate or Solicitor in Scotland; (c) a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland; or (d) a person having in any Commonwealth country or territory outside the United Kingdom rights and duties similar to those of a barrister or solicitor in England and subject to punishment or disability for a breach of professional rules;“;
“"recordable service offence" means an offence contrary to section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 for which the corresponding civil offence is a recordable offence[15] and the offences listed in Schedule 2;“;
“"serious service offence" means:
(b) an offence under any other provision of the service discipline Acts which, if preferred under the Army Act 1955, could not be dealt with summarily under that enactment[16];
"service discipline Acts" means the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957;
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subsection (1A) | |
subsection (2) | |
after subsection (2) add— | |
"(2A) Subject to subsection (3), no person shall act as an authorising service policeman unless he is a service policeman of or above the rank of Lieutenant (Royal Navy), Captain (Army) or Flight Lieutenant (Royal Air Force)." | |
"(3) In any case where it is not practicable to comply with the provisions of subsection (2A) above, any service policeman may act as an authorising service policeman so long as he is senior in rank to the service policeman seeking authorisation.". | |
In section 117— | for "constable", "police officer" or "officer" wherever they appear substitute "service policeman". |
Offence | Army Act 1955 | Air Force Act 1955 | Naval Discipline Act 1957 |
misconduct in action | section 24 | section 24 | section 2 |
assisting the enemy | section 25 | section 25 | section 3 |
obstructing operations, giving false air signals etc | section 26 | section 26 | section 4 |
looting | section 30 | section 30 | section 5 |
mutiny | section 31 | section 31 | section 9 |
failure to suppress mutiny | section 32 | section 32 | section 10 |
insubordinate behaviour | section 33 | section 33 | section 11 |
desertion | section 37 | section 37 | section 16 |
dangerous flying | section 49 | section 49 | section 20 |
damage to, and loss of, public or service property etc | section 44 | section 44 | section 29 |
damage to, and loss of, Her Majesty's aircraft or aircraft material | section 44A | section 44A | section 29A |
making of false documents | section 62 | section 62 | section 35 |
ill-treatment of a subordinate | section 65 | section 65 | section 36A |
disgraceful conduct | section 66 | section 66 | section 37 |
Conduct to prejudice of discipline | section 69 | section 69 | section 39 |
attempts to commit any of the above offences | section 68 | section 68 | section 40 |
aiding and abetting, etc and inciting any of the above offences other than attempts | section 68A | section 68A | section 41 |
(2) The service policeman may record or cause to be recorded in writing all or any of the things which he ascertains under subsection (1).
(3) Subject to subsection (4) below, a service policeman may seize and retain any such thing or cause any such thing to be seized and retained.
(4) Clothes and personal effects may only be seized if a service policeman—
(b) has reasonable grounds for believing that they may be evidence related to an offence.
(5) Where anything is seized, the person from whom it is seized shall be told the reason for the seizure unless he is—
(6) Subject to subsection (7) below, a person may be searched if the service policeman considers it necessary to enable him to carry out his duty under subsection (1) above and to the extent that the service policeman considers necessary for that purpose.
(6A) A person who is in custody at a service police establishment may at any time be searched in order to ascertain whether he has with him anything which he could use for any of the purposes specified in subsection (4)(a) above.
(6B) Subject to subsection (6C) below, a service policeman may seize and retain, or cause to be seized and retained, anything found on such a search.
(6C) A service policeman may only seize clothes and personal effects in the circumstances specified in subsection (4) above.
(7) An intimate search may not be conducted under this section.
(8) Subject to subsection (9), a search under this section shall be carried out by a service policeman.
(9) The service policeman carrying out a search shall be of the same sex as the person searched but where a service policeman of the same sex is not readily available a search may be carried out by an officer, warrant officer, non-commissioned officer or leading rate who is of the same sex as the person searched and is acting under the direction of a service policeman.
Searches and examination to ascertain identity
54A.
—(1) If an authorising service policeman authorises it, a person who is in custody at a service police establishment may be searched or examined, or both—
(2) An authorising service policeman may only give an authorisation under subsection (1) for the purpose mentioned in paragraph (a) of that subsection if—
(3) An authorising service policeman may only give an authorisation under subsection (1) in a case in which subsection (2) does not apply if—
(4) An authorising service policeman may give an authorisation under subsection (1) orally or in writing, but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
(5) Any identifying mark found on a search or examination under this section may be photographed—
(6) Where a search or examination may be carried out under this section, or a photograph may be taken under this section, the only persons entitled to carry out the search or examination, or to take the photograph, are service policemen.
(7) A person may not under this section carry out a search or examination of a person of the opposite sex or take a photograph of any part of the body of a person of the opposite sex.
(8) An intimate search may not be carried out under this section.
(9) A photograph taken under this section—
(11) In this section—
(12) In this section "mark" includes features and injuries; and a mark is an identifying mark for the purposes of this section if its existence in any person's case facilitates the ascertainment of his identity or his identification as a person involved in the commission of an offence.
(13) Nothing in this section applies to a person arrested under an extradition arrest power.
Intimate searches
55.
—(1) Subject to the following provisions of this section, if an authorising service policeman has reasonable grounds for believing—
(b) that such a person—
(4) An intimate search which is only a drug offence search shall be by way of examination by a suitably qualified person.
(5) Except as provided by subsection (4) above, an intimate search shall be by way of examination by a suitably qualified person unless an authorising service policeman considers that this is not practicable.
(6) An intimate search which is not carried out as mentioned in subsection (5) above shall be carried out by a service policeman.
(7) A service policeman may not carry out an intimate search of a person of the opposite sex.
(8) No intimate search may be carried out except—
(9) An intimate search which is only a drug offence search may not be carried out at a service police establishment.
(10) If an intimate search of a person is carried out a record shall be made in writing by a service policeman stating—
(10A) If the intimate search is a drug offence search, a record shall be made in writing by a service policeman stating—
(11) The information required to be recorded by subsections (10) and (10A) above shall be recorded as soon as practicable after the completion of the search.
(12) A service policeman may seize and retain anything which is found on an intimate search of a person, or cause any such thing to be seized and retained—
(b) if he has reasonable grounds for believing that it may be evidence relating to an offence.
(13) Where anything is seized under this section, the person from whom it is seized shall be told the reason for the seizure unless he is—
(13A) Where the appropriate consent to a drug offence search of any person was refused without good cause, in any proceedings against that person for an offence—
may draw such inferences from the refusal as appear proper.
(17) In this section—
X-rays and ultrasound scans
55A.
—(1) If an authorising service policeman has reasonable grounds for believing that a person who has been arrested for an offence and is in custody—
the authorising service policeman may authorise that an x-ray is taken of the person or an ultrasound scan is carried out on the person (or both).
(2) An x-ray must not be taken of a person and an ultrasound scan must not be carried out on him unless the appropriate consent has been given in writing.
(3) If it is proposed that an x-ray is taken or an ultrasound scan is carried out, a service policeman must inform the person who is to be subject to it—
(4) An x-ray may be taken or an ultrasound scan carried out only by a suitably qualified person and only at—
(5) A record shall be made in writing by a service policeman stating—
(6) The information required to be recorded by subsection (5) must be recorded as soon as practicable after the x-ray has been taken or ultrasound scan carried out (as the case may be).
(9) If the appropriate consent to an x-ray or ultrasound scan of any person is refused without good cause, in any proceedings against that person for an offence—
may draw such inferences from the refusal as appear proper.
(10) In this section, "the appropriate criminal intent", "Class A drug" and "suitably qualified person" have the same meanings as in section 55 above as amended by this Order.
Right to have someone informed when arrested
56.
—(1) Where a person has been arrested and is being held in custody in a service police establishment or other premises, he shall be entitled, if he so requests, to have one friend or relative or other person who is known to him or who is likely to take an interest in his welfare told, as soon as is practicable except to the extent that delay is permitted by this section, that he has been arrested and is being detained there.
(2) Delay is only permitted—
(3) In any case the person in custody must be permitted to exercise the right conferred by subsection (1) above within 36 hours from the time of his arrest.
(4) An authorising service policeman may give an authorisation under subsection (2) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
(5) An authorising service policeman may only authorise delay where he has reasonable grounds for believing that telling the named person of the arrest—
(6) If a delay is authorised—
(7) The duties imposed by subsection (6) above shall be performed as soon as is practicable.
(8) The rights conferred by this section on a person held in custody at a service police establishment or other premises are exercisable whenever he is transferred from one place to another; and this section applies to each subsequent occasion on which they are exercisable as it applies to the first such occasion.
(9) There may be no further delay in permitting the exercise of the right conferred by subsection (1) above once the reason for authorising delay ceases to subsist.
Access to legal advice
58.
—(1) A person arrested and held in custody in a service police establishment or other premises shall be entitled, if he so requests, to consult a legal adviser privately at any time.
(2) A request under subsection (1) above and the time at which it was made shall be recorded in writing by a service policeman.
(4) If a person makes such a request, he must be permitted to consult a legal adviser as soon as is practicable except to the extent that delay is permitted by this section.
(5) In any case he must be permitted to consult a legal adviser within 36 hours from the time of his arrest.
(6) Delay in compliance with a request is only permitted—
(7) An authorising service policeman may give an authorisation under subsection (6) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
(8) An authorising service policeman may only authorise delay where he has reasonable grounds for believing that the exercise of the right conferred by subsection (1) above at the time when the person in custody desires to exercise it—
(9) If delay is authorised—
(10) The duties imposed by subsection (9) above shall be performed as soon as is practicable.
(11) There may be no further delay in permitting the exercise of the right conferred by subsection (1) above once the reason for authorising delay ceases to subsist.
Fingerprinting
61.
—(1) Except as provided by this section no person's fingerprints may be taken without the appropriate consent.
(2) Consent to the taking of a person's fingerprints must be in writing if it is given at a time when he is at a service police establishment.
(3) The fingerprints of a person in custody at a service police establishment may be taken without the appropriate consent if—
(3A) Where a person mentioned in paragraph (a) of subsection (3) or (4) has already had his fingerprints taken in the course of the investigation of the offence by a service policeman, that fact shall be disregarded for the purposes of that subsection if—
(4) The fingerprints of a person in custody at a service police establishment may be taken without the appropriate consent if—
(6) Any person's fingerprints may be taken without the appropriate consent if he has been convicted or found guilty of a recordable service offence.
(7) In a case where by virtue of subsection (3), (4) or (6) above a person's fingerprints are taken without the appropriate consent—
(7A) If a person's fingerprints are taken at a service police establishment whether with or without the appropriate consent—
(8) If he is in custody at a service police establishment when the fingerprints are taken, the reason for taking them and, in the case falling within subsection (7A) above, the fact referred to in paragraph (b) of that subsection shall be recorded in writing by a service policeman.
(8B) The power to take the fingerprints of a person in custody at a service police establishment without the appropriate consent shall be exercisable by any service policeman.
(10) Nothing in this section applies to a person arrested under an extradition arrest power.
Impressions of footwear
61A.
—(1) Except as provided by this section, no impression of a person's footwear may be taken without the appropriate consent.
(2) Consent to the taking of an impression of a person's footwear must be in writing if it is given at a time when he is at a service police establishment.
(3) Where a person is in custody at a service police establishment, an impression of his footwear may be taken without the appropriate consent if—
(4) Where a person mentioned in paragraph (a) of subsection (3) above has already had an impression taken of his footwear in the course of the investigation of the offence by a service policeman, that fact shall be disregarded for the purposes of that subsection if the impression of his footwear taken previously is—
(5) If an impression of a person's footwear is taken at a service police establishment, whether with or without the appropriate consent—
(6) In a case where, by virtue of subsection (3) above, an impression of a person's footwear is taken without the appropriate consent—
(7) The power to take an impression of the footwear of a person in custody at a service police establishment without the appropriate consent shall be exercisable by any service policeman.
(8) Nothing in this section applies to any person arrested under an extradition arrest power.
Intimate samples
62.
—(1) An intimate sample may be taken from a person in custody at a service police establishment only—
(1A) An intimate sample may be taken from a person who is not in custody at a service police establishment but from whom, in the course of the investigation of an offence, two or more non-intimate samples suitable for the same means of analysis have been taken which have proved insufficient—
(2) An authorising service policeman may only give an authorisation under subsection (1) or (1A) above if he has reasonable grounds—
(3) An authorising service policeman may give an authorisation under subsection (1) or (1A) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
(4) The appropriate consent must be given in writing.
(5) Where—
a service policeman shall inform the person from whom the sample is to be taken—
(6) The duty imposed by subsection (5)(ii) above includes a duty to state the nature of the offence in which it is suspected that the person from whom the sample is to be taken has been involved.
(7) If an intimate sample is taken from a person—
shall be recorded in writing by a service policeman as soon as is practicable after the sample is taken.
(7A) If an intimate sample is taken from a person at a service police establishment—
(9) In the case of an intimate sample which is a dental impression, the sample may be taken from a person only by a registered dentist.
(9A) In the case of any other form of intimate sample, except in the case of a sample of urine, the sample may be taken from a person only by—
(10) Where the appropriate consent to the taking of an intimate sample from a person was refused without good cause, in any proceedings against that person for an offence—
may draw such inferences from the refusal as appear proper and "court" shall have the same meaning as applied by this Order in relation to section 55(17).
(11) Nothing in this section applies to the taking of a specimen for the purposes of any of the provisions of sections 5 to 10 of the Road Traffic Act 1988[22] as applied to persons subject to the service discipline Acts by section 184 of that Act, to the provision of a sample for drug testing nor to the provision of a sample under section 32 of the Armed Forces Act 2001[23].
Other samples
63.
—(1) Except as provided by this section, a non-intimate sample may not be taken from a person without the appropriate consent.
(2) Consent to the taking of a non-intimate sample must be given in writing.
(2A) A non-intimate sample may be taken from a person without the appropriate consent if two conditions are satisfied.
(2B) The first is that the person is in custody at a service police establishment in consequence of his arrest for a recordable service offence.
(2C) The second is that—
(3) A non-intimate sample may be taken from a person without the appropriate consent if—
(3A) A non-intimate sample may be taken from a person (whether or not he is in custody at a service police establishment after arrest or held in custody during court-martial proceedings) without the appropriate consent if—
(3B) A non-intimate sample may be taken from a person without the appropriate consent if he has been convicted of a recordable service offence.
(3C) A non-intimate sample may also be taken from a person without the appropriate consent if he is a person to whom section 116A of the Army Act 1955[24], section 116A of the Air Force Act 1955[25] or section 63A of the Naval Discipline Act 1957[26] applies and he has been made the subject of a hospital order.
(4) An authorising service policeman may only give an authorisation under subsection (3) above if he has reasonable grounds—
(5) An authorising service policeman may give an authorisation under subsection (3) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
(5A) An authorising service policeman shall not give an authorisation under subsection (3) above for the taking from any person of a non-intimate sample consisting of a skin impression if—
(6) Where—
a service policeman shall inform the person from whom the sample is to be taken—
(7) The duty imposed by subsection (6)(ii) above includes a duty to state the nature of the offence in which it is suspected that the person from whom the sample is to be taken has been involved.
(8) If a non-intimate sample is taken from a person by virtue of subsection (3) above—
shall be recorded in writing by a service policeman as soon as is practicable after the sample is taken.
(8A) In a case where by virtue of subsection (2A), (3A), (3B) or (3C) above a sample is taken from a person without the appropriate consent—
(8B) If a non-intimate sample is taken from a person at a service police establishment whether with or without the appropriate consent—
(9ZA) The power to take a non-intimate sample from a person without the appropriate consent shall be exercisable by any service policeman.
(11) Nothing in this section applies to a person arrested under an extradition arrest power.
Fingerprints and samples: supplementary provisions
63A.
—(1) Where a person has been arrested on suspicion of being involved in a recordable service offence or has been charged with such an offence or has been informed that he will be reported for such an offence, fingerprints, impressions of footwear or samples or the information derived from samples taken under any power conferred by this Part of this Act from the person may be checked against—
(1A) In subsection (1) above "relevant law-enforcement authority" means—
(f) any person with functions under any international agreement which consist of or include the investigation of conduct which is—
or the apprehension of persons guilty of such conduct.
(1B) The reference in subsection (1A) above to a police force is a reference to any of the following—
(1C) Where—
the fingerprints or impressions of footwear or, as the case may be, those samples and that information may be checked against any of the fingerprints, impressions of footwear, samples or information mentioned in paragraph (a) or (b) of that subsection.
(1D) A consent given for the purposes of subsection (1C) above shall not be capable of being withdrawn.
(2) Where a sample of hair other than pubic hair is to be taken the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample.
(3) Where any power to take a sample is exercisable in relation to a person the sample may be taken in a prison or other institution to which the Prison Act 1952 applies or in other places used for the accommodation of persons held in service custody.
(4) Any service policeman may, within the allowed period, require a person who is subject to a service discipline Act and who is neither in custody at a service police establishment nor held in custody during court-martial proceedings to attend a service police establishment while so subject in order to have a sample taken where—
(5) The period allowed for requiring a person to attend a service police establishment for the purpose specified in subsection (4) above is—
(6) A requirement under subsection (4) above—
(7) Any service policeman may arrest without a warrant a person who has failed to comply with a requirement under subsection (4) above.
Destruction of fingerprints and samples
64.
(1A) Where—
the fingerprints, impressions of footwear or samples may be retained after they have fulfilled the purposes for which they were taken but shall not be used by any person except for purposes related to the detection, investigation or prosecution of offences under the service discipline Acts.
(1B) In subsection (1A) above—
(3) If—
they must, except as provided in the following provisions of this section, be destroyed as soon as they have fulfilled the purpose for which they were taken.
(3AA) Samples, fingerprints and impressions of footwear are not required to be destroyed under subsection (3) above if—
(3AB) Where a person is entitled under subsection (3) above to the destruction of any fingerprint, impression of footwear or sample taken from him (or would be but for subsection (3AA) above), neither the fingerprint, nor the impression of footwear, nor the sample, nor any information derived from the sample shall, subject to subsection (1B), be used for a purpose related to an investigation or prosecution of an offence conducted under any of the service discipline Acts.
(3AC) Where a person from whom a fingerprint, impression of footwear or sample has been taken consents in writing to its retention—
and a consent given for the purpose of this subsection shall not be capable of being withdrawn.
(3AD) For the purposes of subsection (3AC) above it shall be immaterial whether the consent is given at, before or after the time when the entitlement to the destruction of the fingerprint, impression of footwear or sample arises.
(5) If fingerprints or impressions of footwear are destroyed—
(6) A person who asks to be allowed to witness the destruction of his fingerprints or impressions of footwear or copies of them shall have a right to witness it.
(6A) If—
such a certificate shall be issued to him, not later than the end of the period of three months beginning with the day on which he asks for it, by a service policeman not below the rank of Lieutenant (Royal Navy), Captain (Army) or Flight Lieutenant (Royal Air Force) answerable for the maintenance of that computerised fingerprint record or a person authorised by him or on his behalf for the purposes of this section.
Photographing of suspects
64A.
—(1) A person who is in custody at a service police establishment may be photographed—
(1A) A person who has been arrested by a service policeman for an offence may, on the occasion of the arrest, be photographed elsewhere than at a service police establishment—
(2) A person proposing to take a photograph of any person under this section—
(3) Where a photograph may be taken under this section, the only persons entitled to take the photograph are service policemen.
(4) A photograph taken under this section—
(6) References in this section to taking a photograph include references to using any process by means of which a visual image may be produced; and references to photographing a person shall be construed accordingly.
(6A) In this section a "photograph" includes a moving image, and corresponding expressions shall be construed accordingly.
(7) Nothing in this section applies to a person arrested under an extradition arrest power.
Part V – supplementary
65.
—(1) In this Part of this Act—
(1A) A health care profession is any profession mentioned in section 60(2) of the Health Act 1999[36] other than the profession of practising medicine and the profession of nursing.
(2) References in this Part of this Act to a sample's proving insufficient include references to where, as a consequence of—
the sample has become unavailable or insufficient for the purpose of enabling information, or information of a particular description, to be obtained by means of analysis of the sample.
(2A) Subject to subsection (3), no person shall act as an authorising service policeman unless he is a service policeman of or above the rank of Lieutenant (Royal Navy), Captain (Army) or Flight Lieutenant (Royal Air Force).
(3) In any case where it is not practicable to comply with the provisions of subsection (2A) above, any service policeman may act as an authorising service policeman so long as he is senior in rank to the service policeman seeking authorisation."
Power of service policeman to use reasonable force
117.
Where any provision of this Act—
the service policeman may use reasonable force, if necessary, in the exercise of the power."
[15] See Police and Criminal Evidence Act 1984 (1984 c.60), section 27, and the National Police Records (Recordable Offences) Regulations 2000 (S.I. 2000/1139, amended by S.I 2003/2823).back
[16] The offences capable of summary disposal under the Army Act 1955 are listed in regulation 9 of the Custody and Summary Dealing (Army) Regulations 2000 printed in Part 1B of the Manual of Military Law, 1972 Edition (The Stationery Office) at page 667.back
[33] See Police and Criminal Evidence Act 1984 (1984 c.60), section 27, and the National Police Records (Recordable offences) Regulations 2000 (S.I. 2000/1139 amended by S.I.2003/2823.back
[35] The offences capable of summary disposal under the Army Act 1955 are listed in regulation 9 of the Custody and Summary Dealing (Army) Regulations 2000 printed in Part 1B of the Manual of Military Law, 1972 Edition (The Stationery Office) at page 667.back