4

An intimate search of a person may not be carried out under this paragraph.

5

A strip search of a person may not be carried out under this paragraph unless—

a

the person is detained under paragraph 6,

b

the examining officer has reasonable grounds to suspect that the person is concealing something which may be evidence that the person falls within section 40(1)(b), and

c

the search is authorised by a senior officer who has not been directly involved in questioning the person.

6

“Senior officer” means—

a

where the examining officer is a constable, a constable of a higher rank than the examining officer,

b

where the examining officer is an immigration officer, an immigration officer of a higher grade than the examining officer, and

c

where the examining officer is a customs officer, a customs officer of a higher grade than the examining officer.

7

In this paragraph—

• “intimate search” means a search which consists of a physical examination of a person’s body orifices other than the mouth;

• “strip search” means a search which is not an intimate search but involves the removal of an article of clothing which—

  1. a

     is being worn wholly or partly on the trunk, and

  2. b

     is being so worn either next to the skin or next to an article of underwear.