Part 2

Police powers relating to drugs

Drug offence searches: England and Wales
3
1
Section 55 of the Police and Criminal Evidence Act 1984 (c. 60) (intimate searches) is amended as follows.
2
After subsection (3) insert—
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.
3
After subsection (10) insert—
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.
4
In subsection (11), for “subsection (10)” substitute “subsections (10) and (10A)”.
5
After subsection (13) insert—
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.
6
In subsection (17) at the appropriate place insert—
“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;
.