3A

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

3B

Where it is proposed that a drug offence search be carried out, an appropriate officer 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.

10A

If the intimate search is a drug offence search, the custody record relating to that person shall also state—

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.

13A

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;

b

a judge, in deciding whether to grant an application made by the accused under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal); and

c

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

may draw such inferences from the refusal as appear proper.

“appropriate officer” means—

a

a constable,

b

a person who is designated as a detention officer in pursuance of section 38 of the Police Reform Act 2002 if his designation applies paragraph 33D of Schedule 4 to that Act, or

c

a person who is designated as a staff custody officer in pursuance of section 38 of that Act if his designation applies paragraph 35C of Schedule 4 to that Act;