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SCHEDULE 10 |
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MUNITIONS
AND TRANSMITTERS: SEARCH AND SEIZURE |
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Interpretation |
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1.
- (1) In this Schedule "officer" means-
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(a) a member
of Her Majesty's forces on duty, and
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(2)
In this Schedule "authorised officer" means-
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(a) a member
of Her Majesty's forces who is on duty and is authorised by a
commissioned officer of those forces, and
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(b) a constable
who is authorised by an officer of the Royal Ulster Constabulary
of at least the rank of inspector.
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(3)
In this Schedule-
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(a) explosives,
firearms and ammunition, and
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(b) anything
used or capable of being used in the manufacture of an explosive,
a firearm or ammunition,
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"scanning receiver"
means apparatus (or a part of apparatus) for wireless telegraphy
designed or adapted for the purpose of automatically monitoring
selected frequencies, or automatically scanning a selected range
of frequencies, so as to enable transmissions on any of those
frequencies to be detected or intercepted,
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"transmitter"
means apparatus (or a part of apparatus) for wireless telegraphy
designed or adapted for emission, as opposed to reception,
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"wireless apparatus"
means a scanning receiver or a transmitter, and
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"wireless telegraphy"
has the same meaning as in section 19(1) of the Wireless Telegraphy
Act 1949.
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Entering premises |
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2.
- (1) An officer may enter and search any premises for the purpose
of ascertaining-
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(a) whether
there are any munitions unlawfully on the premises, or
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(b) whether
there is any wireless apparatus on the premises.
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(2)
An officer may not enter a dwelling under this paragraph unless
he is an authorised officer and he reasonably suspects that the
dwelling-
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(a) unlawfully
contains munitions, or
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(b) contains
wireless apparatus.
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3.
If it is necessary for the purpose of carrying out a search under
paragraph 2 (including a search of a dwelling) an officer may be
accompanied by other persons.
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4.
- (1) If the officer carrying out a search of premises under paragraph
2 reasonably believes that it is necessary in order to carry out
the search or to prevent it from being frustrated, he may-
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(a) require
a person who is on the premises when the search begins, or who
enters during the search, to remain on the premises;
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(b) require
a person mentioned in paragraph (a) to remain in a specified part
of the premises;
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(c) require
a person mentioned in paragraph (a) to refrain from entering a
specified part of the premises;
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(d) require
a person mentioned in paragraph (a) to go from one specified part
of the premises to another;
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(e) require
a person who is not a resident of the premises to refrain from
entering them.
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(2)
A requirement imposed under this paragraph shall cease to have effect
after the conclusion of the search in relation to which it was imposed.
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(3)
Subject to sub-paragraph (4), no requirement under this paragraph
for the purposes of a search shall be imposed or have effect after
the end of the period of four hours beginning with the time when
the first (or only) requirement is imposed in relation to the search.
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(4)
An officer of the Royal Ulster Constabulary of at least the rank
of superintendent may extend the period mentioned in sub-paragraph
(3) in relation to a search by a further period of four hours if
he reasonably believes that it is necessary to do so in order to
carry out the search or to prevent it from being frustrated.
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(5)
The power to extend a period conferred by sub-paragraph (4) may
be exercised only once in relation to a particular search.
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5.
Section 114(2) has effect for the purposes of this Schedule in relation
to a member of Her Majesty's forces as it has effect in relation
to a constable.
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Stopping and searching persons |
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6.
- (1) An officer may-
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(a) stop a
person in a public place, and
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(b) search
him for the purpose of ascertaining whether he has munitions unlawfully
with him or wireless apparatus with him.
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(2)
An officer may search a person who-
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(a) is not
in a public place, and
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(b) whom the
officer reasonably suspects to have munitions unlawfully with
him or to have wireless apparatus with him.
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(3)
An officer may search a person entering or found in a dwelling entered
under paragraph 2.
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Seizure |
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7.
- (1) This paragraph applies where an officer is empowered by virtue
of any provision of Part VII of this Act to search premises or a
person.
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(2)
The officer may-
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(a) seize
any munitions found in the course of the search (unless it appears
to him that the munitions are being, have been and will be used
only lawfully), and
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(b) retain
and, if necessary, destroy them.
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(3)
The officer may-
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(a) seize
any wireless apparatus found in the course of the search (unless
it appears to him that the apparatus is being, has been and will
be used only lawfully), and
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Records |
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8.
- (1) Where an officer carries out a search of premises under this
Schedule he shall, unless it is not reasonably practicable, make
a written record of the search.
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(2)
The record shall specify-
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(a) the address
of the premises searched,
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(b) the date
and time of the search,
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(c) any damage
caused in the course of the search, and
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(d) anything
seized in the course of the search.
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(3)
The record shall also include the name (if known) of any person
appearing to the officer to be the occupier of the premises searched;
but-
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(a) a person
may not be detained in order to discover his name, and
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(b) if the
officer does not know the name of a person appearing to him to
be the occupier of the premises searched, he shall include in
the record a note describing him.
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(4)
The record shall identify the officer-
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(a) in the
case of a constable, by reference to his police number, and
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(b) in the
case of a member of Her Majesty's forces, by reference to his
service number, rank and regiment.
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9.
- (1) Where an officer makes a record of a search in accordance
with paragraph 8, he shall supply a copy to any person appearing
to him to be the occupier of the premises searched.
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(2)
The copy shall be supplied immediately or as soon as is reasonably
practicable.
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Offence |
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10.
- (1) A person commits an offence if he-
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(a) knowingly
fails to comply with a requirement imposed under paragraph 4,
or
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(b) wilfully
obstructs, or seeks to frustrate, a search of premises under this
Schedule.
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(2)
A person guilty of an offence under this paragraph shall be liable-
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(a) on conviction
on indictment, to imprisonment for a term not exceeding two years,
to a fine or to both, or
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(b) on summary
conviction, to imprisonment for a term not exceeding six months,
to a fine not exceeding the statutory maximum or to both.
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11.
- (1) A person commits an offence if he fails to stop when required
to do so under paragraph 6.
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(2)
A person guilty of an offence under this paragraph shall be liable
on summary conviction to a fine not exceeding level 5 on the standard
scale.
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