PART VIQUESTIONING AND TREATMENT OF PERSONS BY POLICE
F1Searches and examination to ascertain identityC155A
1
If an officer of at least the rank of inspector authorises it, a person who is detained in a police station may be searched or examined, or both—
a
for the purpose of ascertaining whether he has any mark that would tend to identify him as a person involved in the commission of an offence; or
b
for the purpose of facilitating the ascertainment of his identity.
2
An officer may only give an authorisation under paragraph (1) for the purpose mentioned in sub-paragraph (a) of that paragraph if—
a
the appropriate consent to a search or examination that would reveal whether the mark in question exists has been withheld; or
b
it is not practicable to obtain such consent.
3
An officer may only give an authorisation under paragraph (1) in a case in which paragraph (2) does not apply if—
a
the person in question has refused to identify himself; or
b
the officer has reasonable grounds for suspecting that that person is not who he claims to be.
4
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 is practicable.
5
Any identifying mark found on a search or examination under this Article may be photographed—
a
with the appropriate consent; or
b
if the appropriate consent is withheld or it is not practicable to obtain it, without it.
6
Where a search or examination may be carried out under this Article, or a photograph may be taken under this Article, the only persons entitled to carry out the search or examination, or to take the photograph, are—F2 constables.
7
A person may not under this Article carry out a search or examination of a person of the opposite sex or take a photograph of any part of the body of a person of the opposite sex.
8
An intimate search may not be carried out under this Article.
9
A photograph taken under this Article—
a
may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution; and
b
after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related.
10
In paragraph (9)—
a
the reference to crime includes a reference to any conduct which—
i
constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or
ii
is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences;
and
b
the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.
11
In this Article—
a
references to ascertaining a person's identity include references to showing that he is not a particular person; and
b
references to taking a photograph include references to using any process by means of which a visual image may be produced, and references to photographing a person shall be construed accordingly.
12
In this Article "mark" includes features and injuries; and a mark is an identifying mark for the purposes of this Article if its existence in any person's case facilitates the ascertainment of his identity or his identification as a person involved in the commission of an offence.
F313
Nothing in this Article applies to a person arrested under an extradition arrest power.