C2 Part V Questioning and Treatment of Persons by Police

Annotations:
Modifications etc. (not altering text)

C3C1F154A Searches and examination to ascertain identity

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 subsection (1) for the purpose mentioned in paragraph (a) of that subsection 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 subsection (1) in a case in which subsection (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 subsection (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 section 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 section, or a photograph may be taken under this section, the only persons entitled to carry out the search or examination, or to take the photograph, areF2 constables

7

A person may not under this section 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 section.

9

A photograph taken under this section—

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 subsection —

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 section—

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 section “mark” includes features and injuries; and a mark is an identifying mark for the purposes of this section 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 section applies to a person arrested under an extradition arrest power.