Parliamentary Search

Written question asked by Hywel Williams (Plaid Cymru) on Monday, 27 October 2008, in the House of Commons. It was due for an answer on Thursday, 30 October 2008. It was answered by Lord Coaker (Labour) on Monday, 10 November 2008 on behalf of the Home Office.

Police: Body Searches

Question
To ask the Secretary of State for the Home Department what guidelines are given to the police about the use of strip searches and the account to be taken of (a) age, (b) gender, (c) seriousness of the alleged offence and (d) the risk of subsequent self harm when deciding to conduct a strip search.
Answer

[holding answer 30 October 2008]: A strip search is defined by the Police and Criminal Evidence Act 1984 (PACE) and the PACE codes of practice as a search which involves the removal of more than an outer coat, jacket or gloves. The PACE codes of practice contain guidance on the strip searching of persons as part of a stop and search (code A) and at the police station (code C).The Act and codes set out a range of safeguards to ensure that strip searches are carried out with courtesy, consideration and respect and with proper regard to the sensitivity and vulnerability of, and the risks posed to, the person being searched.These include requirements that:"Every reasonable effort must be made to minimise embarrassment.""Strip searches must be conducted out of view of anyone whose presence is not necessary.""Strip searches are to be conducted by an officer of the same sex and no one of the opposite sex is to be present unless the person searched specifically requests it.""A strip search under a stop and search power involving exposure of intimate parts of the body is only to be carried out at a nearby police station or other nearby location (but not a police vehicle).""When a strip search of a detainee at a police station involves the exposure of intimate parts of the body, then unless there is a risk of serious harm, at least two people in addition to the detainee are to be present. If the detainee is a juvenile or mentally vulnerable, one person present must be the appropriate adult unless, in the case of a juvenile, the individual does not wish them to be present and the adult agrees."The guidance ““Safer Detention & Handling of Persons in Police Custody”” published in 2006 by the Home Office, ACPO and Centrex states that officers need to be properly trained to take account of the risks that might arise when searches are carried out.The PACE codes of practice and the guidance on the ““Safer Detention & Handling of Persons in Police Custody”” can be accessed on the Home Office web pages.

Secondary information

Type
Written question
Reference
482 c809-10W; 231742
Session
2007-08
Subjects
Body searches Police
Link
View this Written question on www.publications.parliament.uk