Ministry of Defence Police Act 1987
Words in s. 3A(1G) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 63(2); S.I. 2017/1249, reg. 2 (with reg. 3)
Words in s. 4(5)(a) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 63(3); S.I. 2017/1249, reg. 2 (with reg. 3)
S. 2D inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 1 (with art. 6)
Provision of assistance to other forces
Constables serving with other forces
Defence Police Federation.
Functions of inspectors of constabulary
Publication of reports
Constables serving with other forces
Defence Police Federation.
Functions of inspectors of constabulary
Publication of reports
Constables serving with other forces
Defence Police Federation.
Functions of inspectors of constabulary
Publication of reports
Constables serving with other forces
Constables serving with Serious Organised Crime Agency
2C
- (1) A member of the Ministry of Defence Police serving with the National Crime Agency under arrangements to which subsection (2) applies shall—
- (a) be under the direction and control of the Director General of the National Crime Agency, and
- (b) continue to be a constable.
- (2) This subsection applies to arrangements made between—
- (a) the Director General of the National Crime Agency, and
- (b) the chief constable of the Ministry of Defence Police.
Functions of inspectors of constabulary
Publication of reports
Provision of assistance to other forces
Constables serving with other forces
Constables serving with Serious Organised Crime Agency
Representation etc. at disciplinary proceedings
Publication of reports
Constables serving with other forces
Constables serving with National Crime Agency
Publication of reports
Exercise of functions in relation to children under the Scottish age of criminal responsibility
Publication of reports
2D
- (1) Where a member of the Ministry of Defence Police exercises in Scotland any power or privilege of a constable, Parts 1 and 2 of the Criminal Justice (Scotland) Act 2016 (in this section “the 2016 Act”) apply in relation to the exercise as though the power or privilege were exercised by a constable of the Police Service of Scotland.
- (2) For the purposes of subsection (1)—
- (a) in section 64 of the 2016 Act (police custody), references to a person arrested by a constable are to be read as including a person arrested by a member of the Ministry of Defence Police,
- (b) section 69 of the 2016 Act (publication of information by police) does not apply.
2E
- (1) The following apply, in Scotland, in relation to a member of the Ministry of Defence Police as they apply in relation to a constable of the Police Service of Scotland—
- (a) Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019 (in this section, “the 2019 Act”),
- (b) any regulations made or guidance issued under that Part.
- (2) Subsections (3) to (6) make further provision in relation to the application of Part 4 of the 2019 Act to members of the Ministry of Defence Police.
- (3) References in Part 4 of the 2019 Act (however expressed) to constables of a particular rank are to be read, in relation to action taken or proposed to be taken by a member of the Ministry of Defence Police, as references to a member of the Ministry of Defence Police of the rank referred to.
- (4) References in the following sections of the 2019 Act to the chief constable are to be read as including reference to the chief constable of the Ministry of Defence Police—
- (a) section 29(2)(a),
- (b) section 31(3)(a) and (5)(a),
- (c) section 57(4)(a).
- (5) The reference in section 33(1) of the 2019 Act to an enactment includes reference to an enactment which confers a power of the type described in that section on members of the Ministry of Defence Police (whether or not the enactment also confers that power on constables of the Police Service of Scotland).
- (6) The reference in section 75(2) of the 2019 Act to a constable is to be read as including reference to a member of the Ministry of Defence Police.
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