5
Use of armed forces and civil armed forces to prevent terrorism
Act: Anti-Terrorism Act 1997
Section Provisions
ANTITERRORISM, ACT, 1997 ANTITERRORISM, ACT, 1997 5. Use of armed forces, and civil armed forces to prevent terrorism:‑(1) Any police officer, or member of the armed forces, or civil armed forces, who is present or deployed in any area may; after giving sufficient warning, use the necessary force to prevent the commission of terrorist acts or scheduled offences, and, in so doing shall, in the case of an officer of the armed forces or civil armed forces, exercise all the powers of a police officer under the Code. (2) In particular and without prejudice to the generality of the provisions of sub‑section (i) an officer of the police, armed forces and civil armed forces may‑‑ (ii) after giving prior warning use such force as may be deemed necessary or appropriate, bearing in mind all the facts and circumstances of the situation, against any person who is committing, or in all probability is likely to commit a terrorist act or a scheduled offense, and it shall be lawful for any such officer, or any superior officer, to fire, or order the firing upon any person or persons against whom he is authorized to use force in terms hereof; (ii) arrest, without warrant, any person who has committed an act of terrorism or a scheduled offence or against whom a reasonable suspicion exists that he has committed, or is about to commit, any such act or offence; and ' " (iii) enter and search without warrant, any premises to make any arrest or to take possession of any property, fire arm, weapon or article used or likely to be used, in the commission of any terrorist act, or scheduled offence. (3)‑Nothing contained in sub‑section (1) or (2) shall affect the provisions of Chapter IX of t‑he Code and the provisions of section 132 of the Code shall apply to any person acting under this section.