Textual Amendments
F1Sch. 2A inserted (22.4.2007 for the insertion of Sch. 2A paras. 2, 6, 7, 10, 13, 15, 18) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(3), 7(8), Sch. 5
8(1)Where—
(a)in exercise of the powers referred to in paragraph 5 or 6 a CSO has imposed, under section 13 of the Public Processions (Northern Ireland) Act 1998 or under section 1 of the Confiscation of Alcohol (Young Persons) Act 1997, a requirement on a person to surrender alcohol;
(b)that person fails to comply with that requirement; and
(c)the CSO reasonably believes that the person has alcohol in his possession,
the CSO may search him for it.
(2)Where—
(a)in exercise of the powers referred to in paragraph 7 a CSO has sought to seize something which by virtue of that paragraph he has a power to seize;
(b)the person from whom he sought to seize it fails to surrender it; and
(c)the CSO reasonably believes that the person has it in his possession,
the CSO may search him for it.
(3)The power to search conferred by sub-paragraph (1) or (2)—
(a)is to do so only to the extent that is reasonably required for the purpose of discovering whatever the CSO is searching for; and
(b)does not authorise the CSO to require a person to remove any of his clothing in public other than an outer coat, jacket, headgear or gloves.
(4)A person who without reasonable excuse fails to consent to being searched under sub-paragraph (1) or (2) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(5)A CSO who proposes to exercise the power to search a person under sub-paragraph (1) or (2) must inform him that failing without reasonable excuse to consent to being searched is an offence.
(6)If the person in question fails to consent to being searched, the CSO may require him to give the CSO his name and address.
(7)Paragraph 4 applies in the case of a requirement imposed under sub-paragraph (6) as it applies in the case of a requirement under paragraph 2(1).
(8)If on searching the person the CSO discovers what he is searching for, he may seize it and dispose of it.]