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Searching - force -
intimate searches |
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Force used to carry out a search |
The
co-operation of the person to be searched must be sought in every case,
even if the person initially objects to the search.
A
forcible search may be made only if it has been established that the
person is unwilling to co-operate or resists.
Reasonable force may be used as a last resort if necessary to conduct a
search or to detain a person or vehicle for the purposes of a search.
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How thorough and how long can the search be? |
The
length of time for which a person or vehicle may be detained must be
reasonable and kept to a minimum.
If the
suspicion relates to a particular article which is seen to be slipped into
a person’s pocket, then, in the absence of other grounds for suspicion or
an opportunity for the article to be moved elsewhere, the search must be
confined to that pocket.
In the
case of a small article which can readily be concealed, such as a drug,
and which might be concealed anywhere on the person, a more extensive
search may be necessary.
The
search must be carried out at or near the place where the person or
vehicle was first detained.
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Removal of clothing |
There
is no power to require a person to remove any clothing in public other
than an outer coat, jacket or gloves
A
search under the
Terrorism Act
2000 can require a person to remove headgear and footwear in public.
A
search in public of a person’s clothing which has not been removed must be
restricted to superficial examination of outer garments.
This
does not, however, prevent an officer from placing his or her hand inside
the pockets of the outer clothing, or feeling round the inside of collars,
socks and shoes if this is reasonably necessary in the circumstances to
look for the object of the search or to remove and examine any item
reasonably suspected to be the object of the search.
For
the same reasons, subject to the restrictions on the removal of headgear,
a person’s hair may also be searched in public.
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In a nutshell... |
Police can require a person to remove
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Jacket
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Outer Coat
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Gloves
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Disguises (Masks)
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Footwear
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Headgear
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Masks and disguises |
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Removal of disguises |
Section
60AA of
the Criminal Justice and Public Order Act 1994 also provides a power
to demand the removal of disguises.
This power is used by the police to require
persons to remove ski masks, balaclavas or hoods.
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The significance of headgear |
Many
people customarily cover their heads or faces for religious reasons – for
example, Muslim women, Sikh men, Sikh or Hindu women, or Rastafarian men
or women.
A
police officer cannot order the removal of a head or face covering except
where there is reason to believe that the item is being worn by the
individual wholly or mainly for the purpose of disguising identity, not
simply because it disguises identity.
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Strip searches |
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More thorough searches are allowed out of
public view |
Where
it is considered necessary to conduct a more thorough search (e.g. by
requiring a person to take off a T-shirt), this must be done out of public
view, for example, in a police van, or police station if there is one
nearby.
Any
search involving the removal of more than an outer coat, jacket, gloves,
headgear or footwear, or any other item concealing identity, may only be
made by an officer of the same sex as the person searched and may not be
made in the presence of anyone of the opposite sex unless the person being
searched specifically requests it.
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Intimate searches |
Searches involving exposure of intimate parts of the body may be carried
out only at a nearby police station or other nearby location which is out
of public view (but not a police vehicle).
When
strip searches are conducted a police officer carrying out a strip search
must be the same sex as the detainee, and in private.
Whenever a strip search involves exposure of intimate body parts, there
must be at least two people present other than the detainee, and special
rules apply to juveniles and the mentally disordered.
Detainees who are searched shall not normally be required to remove all
their clothes at the same time, e.g. a person should be allowed to remove
clothing above the waist and redress before removing further clothing and
if necessary to assist the search, the detainee may be required to hold
their arms in the air or to stand with their legs apart and bend forward
so a visual examination may be made of the genital and anal areas provided
no physical contact is made with any body orifice.
Body
orifices other than the mouth may be searched only if authorised by an
officer of inspector rank or above.
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