s.48Exercise of power
48
Section 48Part 8 — Counter-Terrorist Powers

Exercise of power

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The power conferred by an authorisation under section 47(1) or (2) —
may be exercised only for the purpose of searching for articles of a kind which could be used in connection with terrorism; and
may be exercised whether or not the constable has grounds for suspecting the presence of articles of that kind.
A constable may seize and retain an article which he discovers in the course of a search under section 47(1) or (2) and which he reasonably suspects is intended to be used in connection with terrorism.
A constable exercising the power conferred by an authorisation may not require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.
Where a constable proposes to search a person or vehicle under section 47(1) or (2), he may detain the person or vehicle for such time as is reasonably required to permit the search to be carried out at or near the place where the person or vehicle is stopped.
Where —
a vehicle or pedestrian is stopped under section 47(1) or (2), and
the driver of the vehicle or the pedestrian applies for a written statement that the vehicle was stopped, or that he was stopped, under section 51(1) or (2),
the written statement shall be provided.
An application under subsection (5) must be made within the period of twelve months beginning with the date on which the vehicle or pedestrian was stopped.

Defined Terms

authorisationconstable

Cross References

Referenced By