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Section 8A Powers of search by authorised persons .F1F6C1

England and Wales

(1)

An authorised F2person at a prison shall have the power to search any prisoner for the purpose of ascertaining whether he has any unauthorised property on his person.

(2)

An authorised F3person searching a prisoner by virtue of this section—

(a)

shall not be entitled to require a prisoner to remove any of his clothing other than an outer coat, jacket, headgear, gloves and footwear;

(b)

may use reasonable force where necessary; and

(c)

may seize and detain any unauthorised property found on the prisoner in the course of the search.

(3)

In this section “F4authorised person ” means F5a person working at the prison, of a description for the time being authorised by the governor to exercise the powers conferred by this section.

(4)

The governor of a prison shall take such steps as he considers appropriate to notify to prisoners the descriptions of persons who are for the time being authorised to exercise the powers conferred by this section.

(5)

In this section “unauthorised property”, in relation to a prisoner, means property which the prisoner is not authorised by prison rules or by the governor to have in his possession or, as the case may be, in his possession in a particular part of the prison.

Annotations

Textual amendments

F1

S. 8A and sidenote inserted (3.2.1995) by 1994 c. 33, s. 152(1); S.I. 1995/127, art. 2(1), Sch. 1

F2

Word in s. 8A(1) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 27(3), 41(1); S.I. 2007/3001, art. 2(1)(h)

F3

Word in s. 8A(2) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 27(3), 41(1); S.I. 2007/3001, art. 2(1)(h)

F4

Words in s. 8A(3) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 27(4)(a), 41(1); S.I. 2007/3001, art. 2(1)(h)

F5

Words in s. 8A(3) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 27(4)(b), 41(1); S.I. 2007/3001, art. 2(1)(h)

F6

Word in s. 8A sidenote substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 27(2), 41(1); S.I. 2007/3001, art. 2(1)(h)

Modifications

C1

S. 8A modified (3.2.1995) by 1991 c. 53, s. 87(3) (as amended (3.2.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 68; S.I. 1995/127, art. 2(1), Sch. 1 Appendix B)