Code C- Strip Searches and Intimate Searches Flashcards
Q: What are the 3 levels of searches?
1: Non-intimate- searches that do not involve the removal of any outer clothing
2: Strip searches
3: Intimate searches (authorised by Inspector’s or above only)
Q: Who authorises non-intimate and strip searches?
A custody officer may authorise a constable to search a detainee or may search the detainee himself.
The custody officer must first authorise the search and the extent of it. Searches are authorised on what the custody Sgt honestly believes is necessary.
Q: What is a non-intimate search?
Applies to everyone coming before the custody officer and typically involves emptying out pockets, removing jewellery and patting down clothing that can be done without their removal eg: coats.
There may sometimes not be a need to conduct this search eg: if the person in custody is not going to remain in custody.
If a detainee has not been searched, this must be noted on the custody record and the detainee must sign. If the detainee refuses to sign, then the custody officer must search him to ascertain what property he has.
Q: What is a strip search?
Involves the removal of more than outer clothing. Must not be routinely carried out and belief that articles have been concealed.
Strip searches do NOT require written consent.
When strip searches are conducted, a police officer must be of the same sex as the detainee.
The search must take place in a private location or appropriate adult if the detainee wishes.
There must be at least 2 people present, other than the detainee, when intimate body parts may be exposed. In the case of a juvenile, one of these people must be an appropriate adult.
Q: Strip searches of juveniles in urgent cases?
In urgent cases, a search of a juvenile may take place in the absence of the appropriate adult only if the juvenile signifies in the presence of the appropriate adult that they do not want them present, and the adult agrees. A record must be made of the juvenile’s decision and signed by the appropriate adult.
Record must be made of the strip search and the reason it is considered necessary, those present and the result.
Q: What are intimate searches?
Physical examination of a person’s body orifices, other than the mouth- nose, ears, anus and vagina.
Body orifices may only be searched if authorised by an Inspector or above who has reasonable grounds for believing that the person may be concerned has on themselves:
1: anything which they could and might use to cause physical injury to themselves or others
2: a class A drug which they intended to supply or export and the officer has reasonable grounds for believing an intimate search is the only means of removing those items.
Q: Do you need written consent for intimate searches?
Written consent is required for an intimate search. However, no written consent is required if they are in relation to objects that may cause injury (point 1 above)
Q: Is written consent required for a drug offence search?
Where the offence is a drug offence search, the consent of the detainee in writing will be required. In this case, the detainee must be warned that if they refuse without good cause, their refusal may harm their case if it comes to court.
In the case of juveniles or vulnerable people- the seeking and giving of consent must take place in the presence of the appropriate adult.
Juveniles 14 and over- their consent is only valid if the consent of their parent or guardian is also obtained. The parent or guardian does not have to be present to give their consent, but they must be fully informed of the circumstances and allowed to speak to the juvenile or AA if they wish.
Under 14, the consent of the parent or guardian is sufficient in its own right and the juvenile’s own consent isn’t required.
Q: Who gives authorisation for an intimate search?
Before giving authorisation for the search, the inspector should make every reasonable effort to persuade the detainee to hand over the article without the need for the search.
Q: Who can carry out intimate searches?
Intimate searches may only be carried out by a registered medical practitioner or a registered nurse, unless an officer of at least inspector rank considers that this is not practicable and the search is in relation to items that may cause injury- in these cases a police officer may carry out the search.
Drug offence searches may only be carried out by a medic and can only be carried out at a hospital, surgery or other medical premises.
Where an intimidate search is carried out a police officer, the officer must be of the same sex of the detainee.
Q: Who must be present during the search?
A minimum of 2 people, other than the detainee, must be present during the search. No person of the opposite sex may be present, other than the medic.
Q: What must be recorded in the custody record as soon as practicable after an intimate search?
- The authorisation for the search
- The grounds for giving the authorisation
- The grounds for believing the article could not be removed without an intimate search
- Which parts of the body were searched
- Who carried out the search
- Who was present
- Result of the search
- Drug offence search- the giving of the required warning must be recorded and whether consent was given by the detainee and if it was refused, any reason given for the refusal
- Search by police officer- reasons for this must be recorded
