The main legislation that covers police Strip searches must not be routinely carried out if there is no reason to consider that articles are concealed3. 458. 490. 452. The supervisor’s role in this context is to support and encourage good decision making by providing suitable challenge. Meaning of 'designated police station'. If they were unable to contact a supervisor, they should still record their reasons for extending the search, as well as the steps taken to contact a supervisor. 492. This could mean taking the child to their home to be searched in the presence of their parent or guardian. 527. 512. Searches of persons answering to live link bail. 485. intelligence and past experience gave a reasonable anticipation of significant damage, the group, while not small, was confined to a number of passengers on a train, steps were taken to identify those searched as protestors, the searches were of the type commonly used in public places and on entrance to entertainment and travel venues. What is reasonable depends on the mode of transport used for travelling to the alternative location. Must be conducted in accordance with paragraph 11 of PACE Code C, Annex A. Where this is not operationally possible, the search should as a minimum take place in a safe and controlled area, a police station being preferable to the street or in a police vehicle. If the officer does ask the person to voluntarily remove more than JOG in public, they should make it clear that the person is not obliged to comply. Proper regard shall be given to the sensitivity and vulnerability of the person and every reasonable effort made to secure the person’s cooperation and minimise embarrassment. Objections and complaints by the suspect. If an officer cannot contact a supervisor within a reasonable timeframe, the officer must balance the need to have the ethical discussion with a supervisor against the need to conduct the EIP search within a reasonable timeframe, ie, one that does not antagonise the person being searched or delay the search for an unreasonable time. Stop and search: Three levels of intrusiveness. in a police station or police tent). The officer who identifies the need for the EIP search – and not the supervisor – is responsible for the decision to proceed with the EIP search (having taken due regard of the advice given by the supervisor), unless the supervisor gives a lawful order instructing the officer not to carry out the search. Statistics on stop and search, arrests for notifiable offences, detentions under the … Objections and complaints by the suspect. As with searches involving a lesser degree of intrusion, it must only be used where it is necessary and reasonable, bearing in mind the object of the search. LexisNexis, Access to 20 million legal documents from over 1,600 Sources as part of our archive, The ability to download court judgments within 30 minutes of their release, New enactments available within 24 hours of publication on legislation.gov.uk, Exclusive Sources to LexisLibrary include; Halsbury’s Laws, Atkin’s Court Forms, Encyclopedia of Forms and Precedents and the All England Law Reports. All content (excluding logos and photographs) is available for re-use under the Non-Commercial College Licence except where otherwise stated. Revealing any intimate part of the body escalates the search from MTS to EIP which is subject to additional restrictions as set out below. Police powers and procedures, England and Wales, year ending 31 March 2017 4 1 Introduction 1.1 General introduction This release contains statistics on the use of various police powers in England and Wales up to the year ending 31 March 2017. The strip search should be conducted as quickly as possible and the person allowed to dress as soon as it is completed. Children are entitled to an appropriate adult when strip searched. The officer carrying out the search must be of the same sex as the detainee. 503. 448. For example, if they are based on information that the person has hidden a stolen item in their pocket, the search should be limited to the pocket, unless there are additional grounds or the person has had an opportunity to move the item. 73% of section 60 searches in England and Wales were carried out by the Metropolitan Police. Officers identifying a need for an EIP search must consult a supervisor prior to carrying out the search, to explore the reasons why it is necessary and proportionate in the circumstances. Prohibited items include drugs, weapons and stolen property. Under section 60 a senior police officer can authorise searches for weapons without need for reasonable suspicion in a defined area, to prevent serious violence or to find weapons after an incident. the number of individuals to be searched. Audio recording should remain activated. Arrest without warrant: other persons. Grounds for delay in notifying arrest. In Scotland, the Code of Practice on the use of stop and search governs all situations when officers stop and search a … This supervisory guidance and support beforehand, rather than after the fact, aims to protect officers from complaints, ensure the appropriate use of police powers, and reassure the public about the oversight of intrusive searches. Authorisation of continued detention. Where practicable, the removal should be carried out in the presence of an officer of the same sex as the person and out of sight of the opposite sex. An inspection … A … Although Code A does not give express guidance on proportionality of police action, paragraph 1.1 requires stop and search powers to be used fairly, responsibly, with respect for the people being searched and without unlawful discrimination. There is no power for an officer to require the person being searched to remove any clothing in public apart from their jacket, outer coat and gloves (JOG), although the officer may ask the person to do so voluntarily (Code A, guidance note 7). Urgent interviews of vulnerable suspects at police stations. TAKE A FREE TRIAL, Police and Investigatory Powers (Volume 84 (2019), paras 1–394; Volume 84A (2019), paras 395–831). It should not be a routine extension of the initial search if nothing is found. A spokesman said: "Strip-searching is a vital power in police custody, not only to identify and seize evidence, but also to ensure the safety and security of all detainees and staff." 2.1.3 Legal powers to use reasonable force are derived from various sources: Section 3(1) Criminal Law Act 1967, Section 117 Police and Criminal Evidence Act 1984, Common Law (Breach of the Peace), Common Law (Self Defence) and Section 76 Criminal Care and treatment of detained persons. They must judge each case on its merits in line with conflict management principles and be able to justify any use of force, including the use of handcuffs. 489. Section 54 of PACE provides a power to search an arrested person on arrival at a police station. What is reasonable depends on the circumstances, eg, it could include the time it takes for an appropriate adult to attend prior to searching a child. 504. 473. Officers should only consider it necessary to escalate to a forcible search where the person resists or makes it clear they are unwilling to cooperate. 491. Police powers and procedures, England and Wales, year ending 31 March 2020 second edition. 3713. A Constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if they have reasonable grounds for believing that there is on the premises evidence (other than items subject to legal privilege) that relates to that offence, or to some other indictable offence which is connected with or similar to that offence. Preparing audio recorded evidence for the Crown Court. a metal crowbar) Illegal drugs This includes ensuring that the extent of the search is limited to what is necessary and proportionate in the circumstances to achieve a legitimate aim. This cannot be achieved without an inherent requirement of proportionality. It should not be a routine extension of the initial search if nothing is found. There are wider powers available to officers who suspect that a person is a terrorist and they do not have to comply with the above but they must reasonably suspect that the person is a terrorist. If it is reasonably necessary in the circumstances (bearing in mind the object being looked for, eg, not a large package of drugs or other bulky item), under Code A, paragraph 3.5 the officer may, as part of a JOG search: If there are religious sensitivities to asking the person to remove headgear, either to enable the officer to search hair as part of a JOG search as mentioned above, or when requiring removal under section 60AA, the officer should allow it to be removed out of public view. Under section 31 of the LEPRA, police have the power to carry out strip searches if they deem it necessary for the purposes of a search. Code A does not specify a location for conducting searches of children or vulnerable adults. officer may delegate the power to search to another person. Recording and sealing of master recordings. An intimate search may only be carried out on a person after they have been arrested and is governed by the provisions of Code C. QRG: Legal application – applying the power lawfully, Most proportionate: detention for the purpose of search, Search involving exposure of intimate parts of the body, Howarth v Commissioner of Police of the Metropolis. 519. 477. A well targeted stop is also less likely to alienate the person involved; although there is plenty of evidence to show that stop and search … Powers of arrest and detention; codes of practice. An officer will usually do a strip search when they are looking for something they could not find in a pat-down search. 1988 – both the powers and their use – to make sure they are being used effectively and fairly. 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