Page:Police and Criminal Evidence Act 1984.pdf/9

Rh

(8) The offences to which subsection (7)(b)(i) above applies are—
 * (a) burglary;
 * (b) theft;
 * (c) offences under section 12 of the Theft Act 1968 motor vehicle or other conveyance without authority); and
 * (d) offences under section 15 of that Act (obtaining property by deception).

(9) In this Part of this Act “offensive weapon” means any article—
 * (a) made or adapted for use for causing injury to persons; or
 * (b) intended by the person having it with him for such use by him or by some other person.

2.—(1) A constable who detains a person or vehicle in the exercise—
 * (a) of the power conferred by section 1 above; or
 * (b) of any other power—
 * (i) to search a person without first arresting him; or
 * (ii) to search a vehicle without making an arrest,

need not conduct a search if it appears to him subsequently—
 * (i) that no search is required; or
 * (ii) that a search is impracticable.

(2) If a constable contemplates a search, other than a search of an unattended vehicle, in the exercise—
 * (a) of the power conferred by section 1 above; or
 * (b) of any other power, except the power conferred by section 6 below and the power conferred by section 27(2) of the Aviation Security Act 1982—
 * (i) to search a person without first arresting him; or
 * (ii) to search a vehicle without making an arrest,

it shall be his duty, subject to subsection (4) below, to take reasonable steps before he commences the search to bring to the attention of the appropriate person—
 * (i) if the constable is not in uniform, documentary evidence that he is a constable; and
 * (ii) whether he is in uniform or not, the matters specified in subsection (3) below;

and the constable shall not commence the search until he has performed that duty.