Strip Searches and Intimate Searches: PACE Code C

Question 1

When a person is detained at a Police Station, the custody officer has the right to ascertain what property they have on them.

They also have the right to seize certain items if they believe that the person may use them to:

Answer 1

1. Harm themselves to another.
2. Damage property.
3. Interfere with evidence.
4. Assist them to escape.
5. Believe the items are evidence of an offence.

Question 2

What is a strip search?

Answer 2

A search that involves more than simply removing outer clothing. It is authorised by the custody officer if they reasonably believe the person has something that could:

1. Harm themselves to another.
2. Damage property.
3. Interfere with evidence.
4. Assist them to escape.
5. Believe the items are evidence of an offence.

Question 3

True or False…

1. A juvenile can be strip-searched but the appropriate adult must be of the same sex.
2. A juvenile must be searched in the presence of an appropriate adult.
3. Before the search, the person must be informed of the reasons for it.
4. The search should be conducted by an officer of the same sex unless they are violent.
5. Reasonable force may be used.

Answer 3

1. False, the appropriate adult does not need to be of the same sex.
2. False, where there is risk of serious farm or the juvenile wishes that the search be done in the absence of the appropriate adult (and they agree) then they do not need to be present.
3. True.
4. False, a strip search must always be conducted by an officer of the same gender.
5. True.

Question 4

1. Testing for Class A drugs

2. The detainee must have been arrested for one of the following.

Answer 4

1. A sample can be taken (not by force) from a person, over 18 and in police detention for the purpose of ascertaining whether they have any Class A drugs in their body, this can be a urine or a non-intimate sample.
2. Theft, robbery, burglary, TWOC, agg TWOC, obtaining property by deception, agg burglary, going equipped to steal.

OR if the person has BEEN CHARGED with an offence and an inspector suspects the use of Class A drug caused or contributed to the offence he can authorise a sample to be taken.

Question 5

Taking Impressions of Footwear

Answer 5

A constable may take impressions of footwear with or without consent.

However, it can only be taken without consent when the person ahs been arrested for, charged with or reported for a recordable offence (so almost always!)

Question 6

Question: Kerry is brought into custody after being arrested on suspicion of driving under the influence of drugs. The custody officer is about to explain that he will be subject of a search when he suddenly starts fighting with officers. The officers manage to restrain him and a search locates a flick knife. The custody officer decides to place him in a protective suit seizing all of his clothing. The detainee continues to struggle.

Kerry’s solicitor comes into the police station a few hours later and after consultation complains to the custody sergeant that nothing should have been seized as his client was told the reason for the seizire. The custody sergeant is unsure if he has acted correctly.

Have they acted correctly?

Answer 6

• Yes, they have.
• A person must be told of the reason for seizure unless.
• 1. They are violent or likely to be violent.
• 2. They are incapable of understanding what has been said.

Question 7

Question: Stephen has been arrested for aggravated vehicle taking. He has been interviewed and charged with the offence. The Inspector speaks to the OIC and says that after viewing the CCTV he believes that the manner of driving makes her suspect that he was using Class A and authorises the sample to be taken. The solicitor says this is not correct.

Is the Inspector right?

Answer 7

• Yes, the Inspector is right.
• It is post charge and the Inspector suspects that Stephen was under the influence of Class A and this has contributed to the offence.

Question 8

Question: Mustafa is brought into custody. As he is being searched, a long belt is removed from his trousers. Mustafa says that he would not do anything with it and because of this the custody sergeant is wrong to seize it. The custody sergeant believes that Mustafa could use it to hang himself. He seizes it regardless of the protests.

Is the custody sergeant right to take it in these circumstances?

Answer 8

• Yes, the custody sergeant is correct to seize it.

- He believes it could be used to harm the detainee so as such is seizing it.

Question 9

Question: Sienna is 14 years old and has been arrested for burglary. On the initial search, a bag of Class A drugs were located. The custody sergeant requests she is strip-searched. Her Uncle is acting as her appropriate adult. Sienna requests that her uncle is not present for the stip search and he agrees. This takes place in his absence.

Have the officers acted correctly?

Answer 9

• Yes, they have.
• The juvenile can be subjected to a strip search in the absence of the appropriate adult if both parties agree.
• Every effort mus be made to limit the embarrassment of the individual and this includes juveniles.

Question 10

What is an intimate search?

Answer 10

An examination of a persons body orifices other than the mouth.

Must be authorised by an inspector or above.

Question 11

What are the two reasons an intimate search can be carried out?

Answer 11

To search for…

1. Something that could harm them or another.
2. A Class A drug.

Question 12

Before an intimate search, the detainee must be told what?

Answer 12

1. That authority to carry out the search has been granted by an inspector.
2. The grounds for the authority and the reason that the item cannot be removed without an intimate search.

Question 13

If the detainee refuses an intimate search…?

Answer 13

If they refuse in relation to the search for a class A (not the article to harm) this must be noted and they must be reminded that failure to do so may harm their case if it goes to trial.

Question 14

Who can carry out an intimate search?

Answer 14

An intimate search can only be carried out by a REGISTERED MEDICAL PRACTIONER or REGISTERED NURSE.

Unless…

An Inspector considers this is not practicable and the search is for something the person could harm themselves or another with then a POLICE OFFICER can carry it out (last resort).

Question 15

Locations of Intimate searches

1. An intimate search for an item that may cause harm can only be undertaken at…
2. An intimate search for Class A drugs can only be undertaken at…

Answer 15

1. • Hospitals
   • Surgery
   • Medical premises
   • Police Stations
2. • Hospitals
   • Surgery
   • Medical premises

Question 16

Facts about intimate searches

Answer 16

1. An intimate search must be carried out by an officer of the same sex as the detainee.
2. Reasonable force cannot be used.
3. There must be at least 2 persons present (not including detainee).
4. The vulnerable and juveniles may only be searched in front of an appropriate adult of the same sex unless they ask for an appropriate adult of the opposite sex who is available.
5. Before authorising an intimidate search the Inspector must make every reasonable effort for the detainee to hand over the item.

Question 17

Intimate Searches Documentation

The following needs to be documented:

Answer 17

1. Authorisation for the search.
2. Grounds for believing the article was present and for the authorisation.
3. Which parts of the detainee were searched.
4. Who carried out the search.
5. Who was present.
6. The result.

Question 18

Question: Is there ever a time when an intimate search can be carried out by a police officer instead of a registered medical practitioner or nurse?

Answer 18

• Yes, if an Inspector or above considers it not practicable and the search is to take place, it can be carre=ued out by a police officer (LAST RESORT).
• Must be able to justify that there is more risk with the item staying in than removing it.

Question 19

Question: The Inspector is filling out the documentation (custody record) after authorising an intimate search for a weapon (a recovered home-made shank). The search was carried out by the Doctor at the hospital. he is trying to remember the 6 things he has to note down. He asks you for advice.

What do you tell him?

Answer 19

1. Authorisation for the search.
2. Grounds for believing the article was present and for the authorisation.
3. Which parts of the detainee were searched.
4. Who carried out the search.
5. Who was present.
6. The result.

Question 20

What is classified as an ‘intimate sample’?

Answer 20

1. Semen
2. Blood
3. Urine
4. Body Tissue
5. Dental Impressions
6. Pubic Hair
7. Swabs taken from a body orifice other than the mouth
8. Outside parts of the penis
9. Vulval swabs (female)

Question 21

Who gives the authority to take intimate samples and in what circumstances?

Answer 21

A sample may be taken from a person in police detention if an INSPECTOR has reasonable grounds to believe that the same will likely CONFIRM or DISPROVE the suspect’s involvement in a recordable offence.

The Inspector gives authority and with the SUSPECTS WRITTEN CONSENT.

Question 22

Ages – what authority is required to obtain intimate sample?

1. Under 14 –
2. Between 14 and 17 –

Answer 22

1. Written consent from Parent or Guardian.
2. Written consent from Parent or Guardian and the Child.

They also need to be told that the sample may be used in a speculative search and that if they refuse then it may harm their case if it does to court.

Question 23

Can an intimate sample be taken by force?

Answer 23

No!

Question 24

What is classified as a ‘non-intimate sample’?

Answer 24

1. A hair sample
2. Footprint or similar body impression
3. Saliva
4. Nail cutting (or swab under nail)
5. A swab taken from any part of the body including the mouth

Question 25

In what 5 ways can a non-intimate sample be taken?

Answer 25

1. When authorised by an Inspector.
2. Where they have been convicted of a recordable offence.
3. Where he has been charged and reported for a recordable offence.
4. Where he has admitted and been cautioned for a recordable offence.
5. When an intimate sample was taken that was insufficient for analysis.

Question 26

A non-intimate sample may be taken WITHOUT consent where a person is…

Answer 26

In police detention or being held in custody by order of the court.

And an inspector has reasonable grounds for believing the person has had involvement in a recordable offence and a sample will prove or disprove their involvement.

…he may authorise the sample to be taken.

Question 27

Power to Require a Person to Attend a Police Station to Provide a Sample…

Answer 27

A person who has been charged, reported or convicted of a recordable offence.
They have not had a sample taken or it was unsuitable or insufficient.

A requirement to attend a police station must be made within 6 MONTHS of…

1. The date of charge or conviction.
2. Being informed the sample is unsuitable or insufficient.

The person will be given at least 7 DAYS NOTICE in which he must attend at a specific time of day or between specific times of day.

Question 28

Question: DC Sharp is dealing with the rape of a female at a Christmas Party. At the time it occurred there were 12 men present at the venue. He has no reason to suspect them individually but wishes to take samples for the purpose of elimination only. He is unsure if he needs an Inspector’s authority.

Does DC Sharp need to obtain the Inspectors authority?

Answer 28

• No, he does not need to obtain the Inspectors authority.

- If the sample is being taken for the purpose of elimination only then only the person needs to consent.

Question 29

Question: PC Shah and PC Miah are having an argument. PC Shah says that a Constable can take all intimate samples except for blood, this includes dental impressions. PC Miah disagrees and says that Police Constables can only take urine samples. They both come to you for advice. They ask who can:

1. Take a urine sample?
2. Take a dental impression?
3. Other intimate samples?

Answer 29

• PC Miah is correct.
  1. A Police Constable can take a urine sample.
  2. Only a registered dentist can take dental samples.
  3. Only a registered medical practitioner can take other intimate samples.

Question 30

Question: Mark Berman has been arrested for robbery. As part of the investigation, the INSPECTOR has authorised that a hair sample can be taken. Mark states that he ahs a fear of people touching his head and requests that the hair sample is taken from his chest.

Can BERMAN request this?

Answer 30

• Yes, he can.
• The suspect must be given a reasonable choice as to where he wants the sample to be taken from.
• Hair should be plucked individually unless directed differently from the suspect.