Ministry of Defence Police Act 1987

The Ministry of Defence Police

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• (1) There shall be a police force to be known as the Ministry of Defence Police and consisting—

• (a) of persons nominated by the Secretary of State; and

• (b) of persons who at the coming into force of this Act are special constables by virtue of appointment under section 3 of the Special Constables Act 1923 on the nomination of the Defence Council.

• (2) A person nominated under subsection (1) above shall—

• (a) in England and Wales be attested as a constable by making the declaration required of a member of a police force maintained under the Police Act 1996 before a justice of the peace;

• (b) in Scotland make the declaration required of a constable of the Police Service of Scotland by section 10 of the Police and Fire Reform (Scotland) Act 2012 before a sheriff or justice of the peace; and

• (c) in Northern Ireland be attested as a constable by making the declaration required of a member of the Royal Ulster Constabulary before a justice of the peace.

• (3) The Secretary of State shall appoint a chief constable for the Ministry of Defence Police, and they shall operate under the chief constable’s direction and control.

• (4) The Secretary of State shall have power—

• (a) to suspend a member of the Ministry of Defence Police from duty; and

• (b) to terminate a person’s membership.

• (5) The Secretary of State shall appoint a committee, to be known as the Ministry of Defence Police Committee—

• (a) to advise him with respect to such matters concerning the Ministry of Defence Police as he may from time to time require; and

• (b) to exercise such other functions as may be conferred on it by or under this Act;

and the Secretary of State may make regulations concerning the membership and the procedure of the Committee.

• (6) The power to make regulations conferred by subsection (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Jurisdiction

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• (1) In any place in the United Kingdom to which subsection (2) below for the time being applies, members of the Ministry of Defence Police shall have the powers and privileges of constables.

• (2) The places to which this subsection applies are—

• (a) land, vehicles, vessels, aircraft and hovercraft in the possession, under the control or used for the purposes of—

• (i) the Secretary of State for Defence;

• (ii) the Defence Council;

• (iii) a headquarters or defence organisation; or

• (iv) the service authorities of a visiting force;

• (b) land, vehicles, vessels, aircraft and hovercraft which are—

• (i) in the possession, under the control or used for the purposes of an ordnance company; and

• (ii) used for the purpose of, or for purposes which include, the making or development of ordnance or otherwise for naval, military or air force purposes;

• (c) land, vehicles, vessels, aircraft and hovercraft which are—

• (i) in the possession, under the control or used for the purposes of a dockyard contractor; and

• (ii) used for the purpose of, or for purposes which include, providing designated services or otherwise for naval, military or air force purposes;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) land where the Secretary of State has agreed to provide the services of the Ministry of Defence Police under an agreement notice of which has been published in the appropriate Gazette.

• (3) Members of the Ministry of Defence Police shall also have the powers and privileges of constables in any place in the United Kingdom to which subsection (2) above does not for the time being apply . . .—

• (a) in relation to Crown property, international defence property, ordnance property and dockyard property;

• (b) in relation to persons—

• (i) subject to the control of the Defence Council;

• (ii) employed under or for the purposes of the Ministry of Defence or the Defence Council; or

• (iii) in respect of whom the service courts and service authorities of any country may exercise powers by virtue of section 2 of the Visiting Forces Act 1952;

• (ba) in connection with offences against persons within paragraph (b) above, with the incitement of such persons to commit offences and with offences under the Bribery Act 2010 in relation to such persons;

• (c) in relation to matters connected with anything done under a contract entered into by the Secretary of State for Defence for the purposes of his Department or the Defence Council; and

• (d) for the purpose of securing the unimpeded passage of any such property as is mentioned in paragraph (a) above.

• (3A) Where a member of the Ministry of Defence Police has been requested by a constable of—

• (a) the police force for any police area;

• (aa) the Police Service of Scotland;

• (b) the Police Service of Northern Ireland;

• (c) the British Transport Police Force; or

• (d) the Civil Nuclear Constabulary,

to assist him in the execution of his duties in relation to a particular incident, investigation or operation, members of the Ministry of Defence Police shall have the powers and privileges of constables for the purposes of that incident, investigation or operation but subject to subsection (3B) below.

• (3B) Members of the Ministry of Defence Police have the powers and privileges of constables for the purposes of an incident, investigation or operation by virtue of subsection (3A) above—

• (a) if the request was made under paragraph (a) of that subsection by a constable of the police force for a police area, only in that police area;

• (aa) if it was made under paragraph (aa) of that subsection, only in Scotland;

• (b) if it was made under paragraph (b) of that subsection, only in Northern Ireland;

• (c) if it was made under paragraph (c) of that subsection, only to the extent that those powers and privileges would in the circumstances be exercisable for those purposes by a constable of the British Transport Police Force by virtue of subsection (1A) or, in Scotland, subsection (4) of section 53 of the British Transport Commission Act 1949 (c. xxix); or

• (d) if it was made under paragraph (d) of that subsection, only to the extent that those powers and privileges would in the circumstances be exercisable for those purposes by a constable of the Civil Nuclear Constabulary.

• (3C) Members of the Ministry of Defence Police shall have in any police area the same powers and privileges as constables of the police force for that police area,in Scotland the same powers and privileges as constables of the Police Service of Scotland, and in Northern Ireland the same powers and privileges as constables of the Police Service of Northern Ireland,—

• (a) in relation to persons whom they suspect on reasonable grounds of having committed, being in the course of committing or being about to commit an offence; or

• (b) if they believe on reasonable grounds that they need those powers and privileges in order to save life or to prevent or minimise personal injury.

• (3D) But members of the Ministry of Defence Police have powers and privileges by virtue of subsection (3C) above only if—

• (a) they are in uniform or have with them documentary evidence that they are members of the Ministry of Defence Police; and

• (b) they believe on reasonable grounds that a power of a constable which they would not have apart from that subsection ought to be exercised and that, if it cannot be exercised until they secure the attendance of or a request under subsection (3A) above by a constable who has it, the purpose for which they believe it ought to be exercised will be frustrated or seriously prejudiced.

• (4) Subsections (1) to (3D) above shall have effect in the territorial waters adjacent to the United Kingdom . . ., but as if the references in those subsections to the powers and privileges of constables were references to the powers and privileges of constables in the nearest part of the United Kingdom.

• (5) In this section—

• “appropriate Gazette” means—in relation to land in England or Wales, the London Gazette;in relation to land in Scotland, the Edinburgh Gazette, andin relation to land in Northern Ireland, the Belfast Gazette;

• “ British Transport Police Force ” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);

• “Crown property” includes property in the possession or under the control of the Crown and property which has been unlawfully removed from its possession or control;

• “designated services” means services designated under subsection (1) of section 1 of the Dockyard Services Act 1986;

• “dockyard contractor” means a company which is a dockyard contractor as defined by subsection (13) of that section;

• “dockyard property” means property which—

• (a) belongs to a dockyard contractor, is in its possession or under its control or has been unlawfully removed from its possession or control; and

• (b) is (or was immediately before its removal) used to any extent for the purpose of providing designated services or otherwise for naval, military or air force purposes;

• “headquarters”, “defence organisation” and “visiting force” mean respectively a headquarters, defence organisation or visiting force to which the Visiting Forces and International Headquarters (Application of Law) Order 1965, or any order replacing that Order, applies;

• “international defence property” means property which belongs to, is in the possession or under the control of or has been unlawfully removed from the possession or control of a headquarters, a defence organisation or the service authorities of a visiting force;

• “ordnance company” means a company in which there is for the time being vested any property, right or liability which has at some time been the subject of a transfer by virtue of a provision made under section 1(1)(a) of the Ordnance Factories and Military Services Act 1984;

• “ordnance property” means property which—

• (a) belongs to an ordnance company, is in its possession or under its control or has been unlawfully removed from its possession or control; and

• (b) is (or was immediately before its removal) used to any extent for the purpose of, or for purposes including, the making or development of ordnance or otherwise for naval, military or air force purposes;

• “service authorities” means naval, military or air force authorities;

• ...

• “vessel” includes any ship or boat or any other description of vessel used in navigation.

Defence Police Federation

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• (1) There shall continue to be a Defence Police Federation.

• (2) The Federation shall represent members of the Ministry of Defence Police in all matters affecting their welfare and efficiency, other than questions of discipline affecting individuals, except as provided by subsection (3) below, and questions of promotion affecting individuals.

• (3) The Federation may represent a member of the Ministry of Defence Police at any disciplinary proceedings or on an appeal from any such proceedings.

• (4) Except as provided in regulations made under section 4 below, a member of the Ministry of Defence Police may only be represented under subsection (3) above by another member of that force.

• (5) The Federation shall act through branches and regional and national committees; and the Federation and every branch and committee thereof shall be entirely independent of and unassociated with, any body or person outside the police service, but may employ persons outside the police service in an administrative or advisory capacity.

• (6) The Secretary of State may, after consultation with the management committee of the Federation, by regulations prescribe the constitution and proceedings of the Federation or authorise the Federation to make rules concerning such matters relating to their constitution and proceedings as may be specified in the regulations and, without prejudice to the generality of that power, regulations under this subsection may make provision—

• (a) with respect to the membership of the Federation;

• (b) with respect to the raising of funds by the Federation by subscription and the use and management of funds derived from subscription; and

• (c) with respect to the manner in which representations may be made by the Federation to the Ministry of Defence Police Committee and the Secretary of State.

• (7) The power to make regulations conferred by this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Representation at disciplinary proceedings

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• (1) The Secretary of State shall by regulations make provision for or in connection with—

• (a) enabling the officer concerned or the relevant authority to be represented in proceedings conducted under regulations made in pursuance of section 3A;

• (b) enabling the panel conducting such proceedings to receive advice from a relevant lawyer or another person falling within any prescribed description of persons.

• (2) Regulations under this section may in particular make provision—

• (a) specifying the circumstances in which the officer concerned or the relevant authority is entitled to be represented by a relevant lawyer;

• (b) specifying the circumstances in which the officer concerned or the relevant authority is entitled to be represented by a person (other than a relevant lawyer) who falls within any prescribed description of persons;

• (c) for securing that—

• (i) the relevant authority may be legally represented, and

• (ii) the panel conducting the proceedings may receive advice from a relevant lawyer,

whether or not the officer concerned is legally represented.

• (3) Without prejudice to the powers conferred by this section, regulations under this section shall, in relation to cases where the officer concerned is entitled to legal or other representation, make provision—

• (a) for securing that the officer is notified of his right to such representation;

• (b) specifying when the officer is to be so notified;

• (c) for securing that proceedings at which the officer may be dismissed are not to take place unless the officer has been notified of his right to such representation.

• (4) In this section—

• “the officer concerned”, in relation to proceedings within subsection (1)(a), means the member or, as the case may be, the former member of the Ministry of Defence Police to whom the proceedings relate;

• “the panel”, in relation to proceedings within subsection (1)(a), means the panel of persons, or the person, prescribed for the purpose of conducting the proceedings;

• “prescribed” means prescribed by regulations under this section;

• “relevant authority” means—where the officer concerned is a member of the Ministry of Defence Police (other than a senior officer), the chief constable for the Ministry of Defence Police; where the officer concerned is a former member of the Ministry of Defence Police who immediately before ceasing to be such a member was not a senior officer, the chief constable for the Ministry of Defence Police; where the officer concerned is a senior officer, the Ministry of Defence Police Committee; where the officer concerned is a former member of the Ministry of Defence Police who immediately before ceasing to be such a member was a senior officer, the Ministry of Defence Police Committee;

• “relevant lawyer” means—in relation to England and Wales, a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act), andin relation to Scotland or Northern Ireland, counsel or a solicitor;

• “senior officer” means a member of the Ministry of Defence Police holding a rank above that of chief superintendent.

• (5) But in prescribed circumstances “relevant authority” also includes—

• (a) in relation to England and Wales, the Independent Office for Police Conduct ;

• (b) in relation to Scotland, the Police Complaints Commissioner for Scotland;

• (c) in relation to Northern Ireland, the Police Ombudsman for Northern Ireland.

• (6) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (7) Subsection (6) does not apply to a statutory instrument containing (whether alone or with other provision) any regulations under this section coming into force at a time that is the earliest time at which any regulations under this section are to come into force since the commencement of paragraph 15 of Schedule 22 to the Criminal Justice and Immigration Act 2008.

• (8) A statutory instrument within subsection (7) may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

Impersonation etc.

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• (1) Any person who with intent to deceive impersonates a member of the Ministry of Defence Police, or makes any statement or does any act calculated falsely to suggest that he is such a member, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

• (2) Any person who, not being a member of the Ministry of Defence Police, wears any article of the uniform of the Ministry of Defence Police in circumstances where it gives him an appearance so nearly resembling that of a member as to be calculated to deceive shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.