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Police and Criminal Evidence Act 1984

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This is the original version (as it was originally enacted).

54Searches of detained persons

(1)The custody officer at a police station shall ascertain and record or cause to be recorded everything which a person has with him when he is—

(a)brought to the station after being arrested elsewhere or after being committed to custody by an order or sentence of a court; or

(b)arrested at the station after—

(i)having attended voluntarily there ; or

(ii)having accompanied a constable there without having been arrested.

(2)In the case of an arrested person the record shall be made as part of his custody record.

(3)Subject to subsection (4) below, a custody officer may seize and retain any such thing or cause any such thing to be seized and retained.

(4)Clothes and personal effects may only be seized if the custody officer—

(a)believes that the person from whom they are seized may use them—

(i)to cause physical injury to himself or any other person;

(ii)to damage property ;

(iii)to interfere with evidence ; or

(iv)to assist him to escape ; or

(b)has reasonable grounds for believing that they may be evidence relating to an offence.

(5)Where anything is seized, 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.

(6)Subject to subsection (7) below, a person may be searched if the custody officer considers it necessary to enable him to carry out his duty under subsection (1) above and to the extent that the custody officer considers necessary for that purpose.

(7)An intimate search may not be conducted under this section.

(8)A search under this section shall be carried out by a constable.

(9)The constable carrying out a search shall be of the same sex as the person searched.

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