Part 4 U.K. Police powers

Commencement Information

I1 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Search and seizure without warrant U.K.

Commencement Information

I2 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

163 Search of person on arrest U.K.

(1) This section applies if a person has been arrested under an extradition arrest power at a place other than a police station.

(2) A constable may search the person if he has reasonable grounds for believing that the person may present a danger to himself or others.

(3) A constable may search the person if he has reasonable grounds for believing that the person may have concealed on him anything—

(a) which he might use to assist him to escape from lawful custody;

(b) which might be evidence relating to an offence or to the identity of the person.

(4) The power to search conferred by subsection (3)—

(a) is a power to search for anything falling within paragraph (a) or (b) of that subsection;

(b) is exercisable only to the extent that is reasonably required for the purpose of discovering such a thing.

(5) The powers conferred by subsections (2) and (3)—

(a) do not authorise a constable to require a person to remove any of his clothing in public, other than an outer coat, jacket or gloves;

(b) authorise a search of a person’s mouth.

(6) A constable searching a person in exercise of the power conferred by subsection (2) may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person.

(7) A constable searching a person in exercise of the power conferred by subsection (3) may seize and retain anything he finds if he has reasonable grounds for believing—

(a) that the person might use it to assist him to escape from lawful custody;

(b) that it is evidence of an offence or of the identity of the person or has been obtained in consequence of the commission of an offence.

(8) An offence includes an offence committed outside the United Kingdom.

(9) Nothing in this section affects the power conferred by section 43 of the Terrorism Act 2000 (c. 11).

Commencement Information

I3 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))