Search Legislation

Police and Criminal Evidence Act 1984

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 54

 Help about opening options

Version Superseded: 20/01/2004

Status:

Point in time view as at 19/02/2001. This version of this provision has been superseded. Help about Status

Changes to legislation:

Police and Criminal Evidence Act 1984, Section 54 is up to date with all changes known to be in force on or before 05 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

54 Searches of detained persons. E+W

(1)The custody officer at a police station shall ascertain and record or cause to be recorded everything which a person has with him when he is—

(a)brought to the station after being arrested elsewhere or after being committed to custody by an order of sentence of a court; or

[F1(b)arrested at the station or detained there [F2, as a person falling within section 34(7), under section 37 above].]

(2)In the case of an arrested person the record shall be made as part of his custody record.

(3)Subject to subsection (4) below, a custody officer may seize and retain any such thing or cause any such thing to be seized and retained.

(4)Clothes and personal effects may only be seized if the custody officer—

(a)believes that the person from whom they are seized may use them—

(i)to cause physical injury to himself or any other person;

(ii)to damage property;

(iii)to interfere with evidence; or

(iv)to assist him to escape; or

(b)has reasonable grounds for believing that they may be evidence relating to an offence.

(5)Where anything is seized, the person from whom it is seized shall be told the reason for the seizure unless he is—

(a)violent or likely to become violent; or

(b)incapable of understanding what is said to him.

(6)Subject to subsection (7) below, a person may be searched if the custody officer considers it necessary to enable him to carry out his duty under subsection (1) above and to the extent that the custody officer considers necessary for that purpose.

[F3(6A)A person who is in custody at a police station or is in police detention otherwise than at a police station may at any time be searched in order to ascertain whether he has with him anything which he could use for any of the purposes specified in subsection (4)(a) above.

(6B)Subject to subsection (6C) below, a constable may seize and retain, or cause to be seized and retained, anything found on such a search.

(6C)A constable may only seize clothes and personal effects in the circumstances specified in subsection (4) above.]

(7)An intimate search may not be conducted under this section.

(8)A search under this section shall be carried out by a constable.

(9)The constable carrying out a search shall be of the same sex as the person searched.

Textual Amendments

F2Words in s. 54(1)(b) substituted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para.55; S.I. 1995/721, art. 2, Sch. Appendix A

Modifications etc. (not altering text)

C1Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

S. 54(1)(3)(4)(6)(6A)(8)(9) applied (with modifications) (1.2.1997) by S.I. 1997/15, art. 2(1),Sch.

S. 54(5)(7) applied (1.2.1997) by S.I. 1997/15, art. 2(1),Sch.

C2S. 54 extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 1(2)(b), 3(2)(3); s. 54 extended by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 3, 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 4(b), 5

S. 54 extended (2.12.2002) by 2002 c. 30, s. 38, Sch. 4 Pt. 3 para. 26(1); S.I. 2002/2750, (art. 2(a)(ii)(d))

C3S. 54 applied (with modifications) (1.1.2004) by The Extradition Act 2003 (Police Powers) Order 2003 (S.I. 2003/3106), art. 2

S. 54 applied (with modifications) by Criminal Justice Act 2003 (c. 44), s. 24B(6) (as inserted (29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 18(1), 53 (with s. 18(2)); S.I. 2007/1614, art. 2(e))

C4S. 54: power to apply (with modifications) conferred (1.1.2004) by Extradition Act 2003 (c. 41), ss. 171(3)(a), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3312, art. 2(2) and S.I. 2003/3258, art. 2(2)))

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?