Extradition Act 2003

167 Searches and examination E+W+N.I.

(1) This section applies if a person has been arrested under an extradition arrest power and is detained at a police station.

(2) If a police officer of at least the rank of inspector authorises it, the person may be searched or examined, or both, for the purpose of facilitating the ascertainment of his identity.

(3) An identifying mark found on a search or examination under this section may be photographed—

(a) with the appropriate consent, or

(b) without the appropriate consent, if that consent is withheld or it is not practicable to obtain it.

(4) The only persons entitled to carry out a search or examination, or take a photograph, under this section are—

(a) constables;

(b) persons designated for the purposes of this section by the appropriate police officer.

(5) A person may not under this section—

(a) carry out a search or examination of a person of the opposite sex;

(b) take a photograph of any part of the body (other than the face) of a person of the opposite sex.

(6) An intimate search may not be carried out under this section.

(7) Ascertaining a person’s identity includes showing that he is not a particular person.

(8) Taking a photograph includes using a process by means of which a visual image may be produced; and photographing a person must be construed accordingly.

(9) Mark includes features and injuries and a mark is an identifying mark if its existence in a person’s case facilitates the ascertainment of his identity.

(10) The appropriate police officer is—

(a) in England and Wales, the chief officer of police for the police area in which the police station in question is situated;

(b) in Northern Ireland, the Chief Constable of the Police Service of Northern Ireland.

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))