(1)An authorised [F3person] at a prison shall have the power to search any prisoner for the purpose of ascertaining whether he has any unauthorised property on his person.
(2)An authorised [F4person] searching a prisoner by virtue of this section—
(a)shall not be entitled to require a prisoner to remove any of his clothing other than an outer coat, jacket, headgear, gloves and footwear;
(b)may use reasonable force where necessary; and
(c)may seize and detain any unauthorised property found on the prisoner in the course of the search.
(3)In this section “[F5authorised person ]” means [F6a person working at the prison, ] of a description for the time being authorised by the governor to exercise the powers conferred by this section.
(4)The governor of a prison shall take such steps as he considers appropriate to notify to prisoners the descriptions of persons who are for the time being authorised to exercise the powers conferred by this section.
(5)In this section “unauthorised property”, in relation to a prisoner, means property which the prisoner is not authorised by prison rules or by the governor to have in his possession or, as the case may be, in his possession in a particular part of the prison.]
Textual Amendments
F1S. 8A and sidenote inserted (3.2.1995) by 1994 c. 33, s. 152(1); S.I. 1995/127, art. 2(1), Sch. 1
F2Word in s. 8A sidenote substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 27(2), 41(1); S.I. 2007/3001, art. 2(1)(h)
F3Word in s. 8A(1) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 27(3), 41(1); S.I. 2007/3001, art. 2(1)(h)
F4Word in s. 8A(2) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 27(3), 41(1); S.I. 2007/3001, art. 2(1)(h)
F5Words in s. 8A(3) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 27(4)(a), 41(1); S.I. 2007/3001, art. 2(1)(h)
F6Words in s. 8A(3) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 27(4)(b), 41(1); S.I. 2007/3001, art. 2(1)(h)
Modifications etc. (not altering text)
C1S. 8A modified (3.2.1995) by 1991 c. 53, s. 87(3) (as amended (3.2.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 68; S.I. 1995/127, art. 2(1), Sch. 1 Appendix B)