In police custody, officers have a duty to ascertain the property a detainee has, often via searches.
Searches are authorised by the custody officer, who determines the type and extent necessary.
There are three levels of searches:
Outer Clothing Searches
Strip Searches
Intimate Searches
Types of Searches
1. Outer Clothing Searches
Involves removal of only outer garments (e.g., shoes, socks, coats).
Applies to everyone processed by the custody officer.
Typically includes emptying pockets and patting down.
Can be authorised by the custody officer directly.
2. Strip Searches
Involves removal of more than outer clothing.
Must be justified by suspicion of concealed items.
Conducted by an officer of the same sex in a private setting.
Requires a reason and record in the custody log.
Reasonable force can be used if necessary.
Not routine—must have a clear justification.
3. Intimate Searches
Physical examination of body orifices (other than mouth).
Authorised by an inspector or above.
Only conducted when there is a belief of concealed harmful items or Class A drugs for supply or export.
Intimate searches for drugs require detainee's written consent.
Ideally conducted by a registered medical practitioner or nurse.
Special Considerations
Cultural sensitivities must be considered (e.g., searching a Sikh's turban).
Juveniles and vulnerable persons must have an appropriate adult present unless they decline in adult's presence.
Searches should respect the dignity and sensitivity of detainees.
A record of searches must be kept, detailing authorisation, persons present, and outcomes.
Key Points for Exams
Strip searches: No written consent required; reasonable force may be used.
Intimate searches: Written consent and inspector's authority required, unless related to immediate harm objects.
Drug offence searches: Must be conducted by medical staff, not by constables.
If time-sensitive, inspectors can permit constables to conduct intimate searches for safety reasons, but a superintendent should be consulted if there's doubt.
Record Keeping
Details of authorisation, reasons, body parts searched, participants, and results must be recorded.
Specific records for drug offence searches, including warnings and consent, must be documented.