Commentary on Sections MOD and transport police Section 98 Jurisdiction of MOD police
244.The Ministry of Defence Police (“MDP”) is a civilian police force exercising full constabulary powers within its jurisdiction. This jurisdiction is defined in the Ministry of Defence Police Act 1987 (“the 1987 Act”), which is the principal legislation governing the force. The limitations on the jurisdiction of the force have been reviewed in the light of the threat of terrorism and of the changed deployment pattern of the MDP. The changes in deployment include the increased use of mobile patrols, involving movement between defence establishments and bringing MDP officers more into contact with the public than previously.
245.The jurisdiction of the MDP is governed by section 2 of the 1987 Act. The overall effect is to give the force jurisdiction in relation to defence land, property and personnel within the United Kingdom and its territorial waters. The MDP is also able to operate on land in the vicinity of defence land where a constable of a local force has asked for assistance.
246.The section extends the MDP’s jurisdiction, by amending section 2 of the 1987 Act.
247.Subsection (2) amends section 2(2) of the 1987 Act, which deals with the places where the MDP have jurisdiction. It repeals the existing power in relation to acting on land in the vicinity of defence land in response to specific requests from a member of a local force. The repealed power is superseded by a new power provided for by subsection (4).
248.Section 2(3)(b) of the 1987 Act currently provides for the MDP to have an additional jurisdiction in relation to defence personnel. It applies anywhere in the United Kingdom in which the MDP do not have jurisdiction under section 2(2) of the 1987 Act. The jurisdiction is thought to be confined to the alleged commission of offences by defence personnel. Subsection (3) extends the jurisdiction to offences against defence personnel; for example, an attempt to bribe defence personnel to disclose confidential information.
249.Subsection (4) confers powers on the MDP where a request is made by a member of a local police force, the Police Service of Northern Ireland, the British Transport Police or the United Kingdom Atomic Energy Authority Constabulary. The new powers supersede those repealed by subsection (2). Unlike those repealed by subsection (2), the new powers are restricted to the particular incident, investigation or operation in relation to which assistance is requested, but they are not restricted to the vicinity of defence land. They will be exercisable within the police area of a requesting local police force, within Northern Ireland (in the case of a request by the Police Service for Northern Ireland), within their railway jurisdiction (in the case of a request by the British Transport Police), or (in the case of a request by the United Kingdom Atomic Energy Authority Constabulary) where an officer of that force may act.
250.Subsection (4) also deals with occasions on which MDP officers face emergencies where their normal jurisdiction would not apply. It may not be possible for the MDP officer to obtain timely authority from the local police force to deal with the incident. Subsection (4) empowers an MDP officer in uniform (or having proof of being an MDP officer) to act without a request for assistance from an officer of a local police force or other police officer, in limited circumstances, if he reasonably believes that waiting for such a request would frustrate or jeopardise the purpose of his intended action. These circumstances are where the MDP officer has reasonable grounds for suspecting that an offence is about to be committed, is being committed or has been committed, or where he reasonably believes that action is necessary to save life or prevent or minimise personal injury.