Commentary on Sections Schedule 3: Munitions and Transmitters: Search and Seizure
127.Paragraph 2 provides officers (defined at paragraph 1 as members of the armed forces on duty or constables) with a power to enter and search premises to ascertain if there are munitions unlawfully on the premises, or wireless apparatus on the premises. Paragraph 1(3) defines munitions and transmitters. Paragraph 2(3) enables a constable to be accompanied, if necessary, by other persons. This power allows civilian members of the police force, and those supporting the police (for example, Scenes of Crime Officers), to enter premises with constables.
128.In order to enter a dwelling an officer must have a reasonable suspicion that there are munitions unlawfully on the premises, or wireless apparatus on the premises. The officer must also be authorised to do so, if a member of the armed forces, by being on duty and being authorised by a commissioned officer, and if a constable, by being authorised by an officer of the Police Service of Northern Ireland of at least the rank of Inspector.
129.Paragraph 3 gives an officer the power, when carrying out a search of a building, to require someone who is in the building or comes into the building to remain there. The officer may also require a person to remain in a certain part of the building or to go from one part of the building to another. An officer may also stop someone who does not live in the building from entering it. An officer may only impose these requirements if he reasonably believes it is necessary in order for the search to be carried out or to stop the search from being interfered with and frustrated. Any requirements the officer makes must cease when the search finishes. No requirement can last for more than four hours from when the first requirement was imposed, unless it is extended for up to a further four hours by a superintendent (in the case of the police) or a major (in the case of the army). The extension may only be granted if the authorising officer reasonably believes it to be necessary to carry out the search or in order to prevent the search being frustrated. The power to extend a requirement for up to a further four hours can only be exercised once in relation to a particular search.
130.Paragraph 4 provides that officers may stop and search a person in a public place to establish whether he has munitions unlawfully with him or wireless apparatus with him. In order to search an individual when not in a public place the officer must have reasonable suspicion that the individual has munitions unlawfully with him or wireless apparatus with him. Paragraph 4 also provides that, having entered a dwelling under paragraph 2, members of the armed forces may search a person entering or found inside. Dwelling is defined at section 42 of this Act.
131.Paragraph 5 allows that, when using powers of search under Schedule 3 or section 25 or 26, an officer may seize, retain and destroy any munitions (unless it appears to him that they have been, are, and will be used lawfully). An officer may also seize and retain any wireless apparatus found in the course of the search (unless it appears to him that it has been, is, and will be used lawfully).
132.Paragraph 6 requires, unless it is not reasonably practical, that records are made for any search carried out using the powers in this Schedule. Paragraph 7 states that a copy of the record should be supplied as soon as possible to whoever appears to be the occupier of the building that has been searched.
133.Paragraph 8 creates an offence where a person knowingly fails to comply with requirements under paragraph 3 or wilfully obstructs or seeks to frustrate searches of premises carried out under powers in the Schedule.
134.Paragraph 9 creates an offence of not stopping when required to do so in accordance with Paragraph 4.