Defence
The Ministry of Defence Police derives its powers to operate as a policing organisation from the Ministry of Defence Police Act 1987, as amended.
General jurisdiction
Broadly, the Ministry of Defence Police Act confers constabulary powers on MDP in respect of MOD land, assets or personnel, wherever situated in the UK.
Extended jurisdiction
MDP jurisdiction was extended by the Anti-Terrorism, Crime and Security Act 2001 in some significant respects.
MDP officers may now exercise police powers where a local police force requests the assistance of MDP officers. This is most likely to be in support of Defence related tasks, major civil emergencies or the provision of specialist policing capabilities, such as marine policing. Where such assistance is provided, Ministry of Defence Police officers will be under the operational control of the local Chief Constable from the requesting force, and will have the same police powers as officers of that force.
Second, an MDP officer may exercise police powers to deal with emergency situations where he/she is in uniform, or in possession of documentary evidence of membership of the MDP, and has “reasonable grounds for suspecting that an offence is about to be committed, is being committed or has been committed, or “...reasonably believes that action is necessary to save life or prevent or minimise injury.”
Third, a senior MDP officer may authorise MDP officers to carry out stop & search operations under section 44 of the Terrorism Act 2000 (which allows these powers to be exercised at random, without the need for reasonable suspicion). These exceptional powers are however subject to prior authorisation for a specific area and period of time by the Home Secretary.
The primary objective of the extended jurisdiction is to assist in the prevention of terrorism and to provide an effective police response to terrorist incidents or suspected acts of terrorism.
Policing protocols with other forces
Local agreements with Home Office police forces (or Scottish police forces) are made under the overarching general Protocols agreed between the MDP Chief Constable and other Chief Constables. These set out the agreed working relationship between MDP and other police forces, outlining where necessary areas of responsibility and accountability.
The Protocols make provision for consultation and co-operation between the forces, with the aim of delivering the best policing on the ground.
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