The Police and Criminal Evidence (Northern Ireland) Order 1989

Intimate searches N.I.

56.—F1 (1) Subject to the following provisions of this Article, if an officer of at least the rank of [F2 inspector] has reasonable grounds for believing—

(a) that a person who has been arrested and is in police detention may have concealed on him anything which—

(i) he could use to cause physical injury to himself or others; and

(ii) he might so use while he is in police detention or in the custody of a court; or

(b) that such a person—

(i) may have a Class A drug concealed on him; and

(ii) was in possession of it with the appropriate criminal intent before his arrest,

he may authorise an intimate search of that person.

(2) An officer may not authorise an intimate search of a person for anything unless he has reasonable grounds for believing that it cannot be found without his being intimately searched.

(3) An officer may give an authorisation under paragraph (1) orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as practicable.

[F3 (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, a constable 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.]

(4) An intimate search which is only a drug offence search shall be by way of examination by a suitably qualified person.

(5) Except as provided by paragraph (4), an intimate search shall be by way of examination by a suitably qualified person unless an officer of at least the rank of [F4 inspector] considers that this is not practicable.

(6) An intimate search which is not carried out as mentioned in paragraph (5) shall be carried out by a constable.

(7) A constable may not carry out an intimate search of a person of the opposite sex.

(8) No intimate search may be carried out except—

(a) at a police station;

(b) at a hospital;

(c) at a medical practitioner's surgery; or

(d) at some other place used for medical purposes.

(9) An intimate search which is only a drug offence search may not be carried out at a police station.

(10) If an intimate search of a person is carried out, the custody record relating to him shall state—

(a) which parts of his body were searched; and

(b) why they were searched.

[F5 (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.]

(11) The information required to be recorded by[F6 paragraphs (10) and (10A)] shall be recorded as soon as practicable after the completion of the search.

(12) The custody officer at a police station may seize and retain anything which is found on an intimate search of a person, or cause any such thing to be seized and retained—

(a) if he believes that the person from whom it is seized may use it—

(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) if he has reasonable grounds for believing that it may be evidence relating to an offence.

(13) Where anything is seized under this Article, 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.

[F7 (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 to commit the accused for trial or whether there is a case to answer;

(b) a judge, in deciding whether to grant an application made by the accused under—

(i) Article 5 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (application for dismissal of charges where a case of fraud has been transferred from a magistrates' court to the Crown Court under Article 3 of that Order); or

(ii) paragraph 4 of Schedule 1 to the Children's Evidence (Northern Ireland) Order 1995 (application for dismissal of charge of violent or sexual offence involving child in respect of which notice of transfer has been given under Article 4 of that Order); 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.]

(14) Every annual report under[F8 section 58(1) of the Police (Northern Ireland) Act 2000] shall contain information about searches under this Article which have been carried out during the period to which the report relates.

(15) The information about such searches shall include—

(a) the total number of searches;

(b) the number of searches conducted by way of examination by a suitably qualified person;

(c) the number of searches not so conducted but conducted in the presence of such a person; and

(d) the result of the searches carried out.

(16) The information shall also include, as separate items—

(a) the total number of drug offence searches; and

(b) the result of those searches.

(17) In this Article—

• “the appropriate criminal intent” means an intent to commit an offence under—

  (a)

  section 5(3) of the Misuse of Drugs Act 1971F9 (possession of controlled drug with intent to supply to another); or

  (b)

  section 68(2) of the Customs and Excise Management Act 1979F10 (exportation etc. with intent to evade a prohibition or restriction);

• “Class A drug” has the meaning assigned to it by section 2(1)(b) of the Misuse of Drugs Act 1971;

• “drug offence search” means an intimate search for a Class A drug which an officer has authorised by virtue of paragraph (1)(b); and

• “suitably qualified person” means—

  (a)

  a medical practitioner; or

  (b)

  a nurse registered as such under section 10(1) of the Nurses, Midwives and Health Visitors Act 1979F11 .

F1 mod. by SI 2003/3107

F2 Word in art. 56(1) substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 26(2)

F3 Art. 56(3A)(3B) inserted (1.4.2007) by Drugs Act 2005 (c. 17), ss. 4(2), 24(3); S.I. 2007/562, art. 2(1)(a)

F4 Word in art. 56(5) substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 26(2)

F5 Art. 56(10A) inserted (1.4.2007) by Drugs Act 2005 (c. 17), ss. 4(3), 24(3); S.I. 2007/562, art. 2(1)(a)

F6 Words in art. 56(11) substituted (1.4.2007) by Drugs Act 2005 (c. 17), ss. 4(4), 24(3); S.I. 2007/562, art. 2(1)(a)

F7 Art. 56(13A) inserted (1.4.2007) by Drugs Act 2005 (c. 17), ss. 4(5), 24(3); S.I. 2007/562, art. 2(1)(a)

F8 2000 c. 32

F9 1971 c. 38

F10 1979 c. 2

F11 1979 c. 36

Modifications etc. (not altering text)

C1 Art. 56 applied (with modifications) (1.12.2007) by Police and Criminal Evidence (Application to Revenue and Customs) Order (Northern Ireland) 2007 (S.R. 2007/464), arts. 3-15, Sch. 1, Sch. 2

C2 Art. 56 extended by Police (Northern Ireland) Act 2003 (c. 6), Sch. 2 para. 20D(a) (as inserted (22.4.2007) by Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(3), 4, Sch. 2 para. 2)

C3 Art. 56 extended by Police (Northern Ireland) Act 2003 (c. 6), Sch. 4 para. 23C(a) (as inserted (prosp.) by Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), arts. 1(2), 6(2), Sch. 4 para. 5)

C4 Art. 56 applied (with modifications) (18.5.2009) by Police and Criminal Evidence (Application to the Police Ombudsman) Order (Northern Ireland) 2009 (S.R. 2009/142), art. 3, Sch. 1, Sch. 2