Article 5 Searches and examination to ascertain identity

(1)

If an authorising service policeman authorises it, a person who is in custody at a service police establishment may be searched or examined, or both—

(a)

for the purpose of ascertaining whether he has any mark that would tend to identify him as a person involved in the commission of an offence; or

(b)

for the purpose of facilitating the ascertainment of his identity.

(2)

An authorising service policeman may only give an authorisation under paragraph (1) for the purpose mentioned in sub-paragraph (a) of that paragraph if—

(a)

the appropriate consent to a search or examination that would reveal whether the mark in question exists has been withheld; or

(b)

it is not practicable to obtain such consent.

(3)

An authorising service policeman may only give an authorisation under paragraph (1) in a case in which paragraph (2) does not apply if—

(a)

the person in question has refused to identify himself; or

(b)

the authorising service policeman has reasonable grounds for suspecting that that person is not who he claims to be.

(4)

An authorising service policeman may give an authorisation under paragraph (1) orally or in writing, but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(5)

Any identifying mark found on a search or examination under this article may be photographed—

(a)

with the appropriate consent; or

(b)

if the appropriate consent is withheld or it is not practicable to obtain it, without it.

(6)

Where a search or examination may be carried out under this article, or a photograph may be taken under this article, the only persons entitled to carry out the search or examination, or to take the photograph, are service policemen.

(7)

A person may not under this article carry out a search or examination of a person of the opposite sex or take a photograph of any part of the body of a person of the opposite sex.

(8)

An intimate search may not be carried out under this article.

(9)

A photograph taken under this article may be used by, or disclosed to, any person for any purpose related to—

(a)

the investigation of a service offence,

(b)

the prevention or detection of crime, or

(c)

the conduct of a prosecution,

and after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related.

(10)

In this article—

(a)

references to ascertaining a person’s identity include references to showing that he is not a particular person; and

(b)

references to taking a photograph include references to using any process by means of which a visual image may be produced, and references to photographing a person shall be construed accordingly.

(11)

In this article “mark” includes features and injuries; and a mark is an identifying mark for the purposes of this article if its existence in any person’s case facilitates the ascertainment of his identity or his identification as a person involved in the commission of an offence.

(12)

Nothing in this article applies to a person arrested under an extradition arrest power.