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Article 6 Intimate searches

Original text. Later amendments are not shown.

(1)

Subject to the following provisions of this article, if an authorising service policeman has reasonable grounds for believing—

(a)

that a person who has been arrested and is in custody may have concealed on him anything which—

(i)

he could use to cause physical injury to himself or others, and

(ii)

he might so use while he is in custody, or

(b)

that such a person—

(i)

may have a Class A drug concealed on him, and

(ii)

was in possession of it with the appropriate criminal intent before his arrest,

he may authorise an intimate search of that person.

(2)

An authorising service policeman may not authorise an intimate search of a person for anything unless he has reasonable grounds for believing that it cannot be found without his being intimately searched.

(3)

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.

(4)

A drug offence search shall not be carried out unless the appropriate consent has been given in writing.

(5)

Where it is proposed that a drug offence search be carried out, a service policeman shall inform the person who is to be subject to it—

(a)

of the giving of the authorisation for it; and

(b)

of the grounds for giving the authorisation.

(6)

An intimate search which is only a drug offence search shall be by way of examination by a suitably qualified person.

(7)

Except as provided by paragraph (6), an intimate search shall be by way of examination by a suitably qualified person unless an authorising service policeman considers that this is not practicable.

(8)

An intimate search which is not carried out as mentioned in paragraph (7) shall be carried out by a service policeman.

(9)

A service policeman may not carry out an intimate search of a person of the opposite sex.

(10)

No intimate search may be carried out except—

(a)

at a service police establishment;

(b)

at a hospital;

(c)

at a registered medical practitioner’s surgery; or

(d)

at some other place used for medical purposes.

(11)

An intimate search which is only a drug offence search may not be carried out at a service police establishment.

(12)

If an intimate search of a person is carried out a record shall be made in writing by a service policeman stating—

(a)

which parts of his body were searched; and

(b)

why they were searched.

(13)

If the intimate search is a drug offence search, a record shall be made in writing by a service policeman stating—

(a)

the authorisation by virtue of which the search was carried out;

(b)

the grounds for giving the authorisation; and

(c)

the fact that the appropriate consent was given.

(14)

The information required to be recorded by paragraphs (12) and (13) shall be recorded as soon as practicable after the completion of the search.

(15)

A service policeman may seize and retain anything which is found on an intimate search of a person, or cause any such thing to be seized and retained if he believes that the person from whom it is seized may use it—

(a)

to cause physical injury to himself or any other person,

(b)

to damage property,

(c)

to interfere with evidence, or

(d)

to assist him to escape,

or if he has reasonable grounds for believing that it may be evidence relating to an offence.

(16)

Where anything is seized under this article, the person from whom it is seized shall be told the reason for the seizure unless he is—

(a)

violent or likely to become violent; or

(b)

incapable of understanding what is said to him.

(17)

Where the appropriate consent to a drug offence search of any person was refused without good cause, in any proceedings against that person for an offence—

(a)

the court, in determining whether there is a case to answer, and

(b)

the court, in determining whether that person is guilty of the offence charged,

may draw such inferences from the refusal as appear proper.

(18)

In this article—

  • “appropriate criminal intent” means an intent to commit an offence under section 42 of the Act consisting of an offence under section 5(3) of the Misuse of Drugs Act 1971f1 (possession of controlled drug with intent to supply to another);

  • “Class A drug” has the meaning assigned to it by section 2(1)(b) of the Misuse of Drugs Act 1971;

  • “court” shall include the Summary Appeal Court, the Court Martial and the Service Civilian Court established under the Act and the Court Martial Appeal Court provided for in Part 1 of the Court Martial Appeals Act 1968f2;

  • “drug offence search” means an intimate search for a Class A drug which an authorising service policeman has authorised by virtue of article 6(1)(b); and

  • “suitably qualified person” means—

    1. (a)

      a registered medical practitioner; or

    2. (b)

      a registered nurse; or

    3. (c)

      a member of the Royal Naval Medical Branch.

Annotations

Footnotes

f1

1971 c. 38.

f2

1968 c. 20. The name of the 1968 Act is as changed by paragraph 53 of Schedule 8 to the Act.