Police powers of stop and search
I11Records of searches
1
Section 3 of the Police and Criminal Evidence Act 1984 (duty to make records concerning searches) is amended as follows.
2
In subsection (1), for “he shall make a record of it” there is substituted “
a record of the search shall be made
”
.
3
For subsection (2) there is substituted—
2
If a record of a search is required to be made by subsection (1) above—
a
in a case where the search results in a person being arrested and taken to a police station, the constable shall secure that the record is made as part of the person's custody record;
b
in any other case, the constable shall make the record on the spot, or, if that is not practicable, as soon as practicable after the completion of the search.
4
Subsections (3) to (5) (record of search to include person's name and description of person or vehicle) are repealed.
5
In subsection (6)—
a
in paragraph (a), for sub-paragraphs (v) and (vi) there is substituted—
v
except in the case of a search of an unattended vehicle, the ethnic origins of the person searched or the person in charge of the vehicle searched (as the case may be); and;
b
in paragraph (b), for “making it” there is substituted “
who carried out the search
”
.
6
After subsection (6) there is inserted—
6A
The requirement in subsection (6)(a)(v) above for a record to state a person's ethnic origins is a requirement to state—
a
the ethnic origins of the person as described by the person, and
b
if different, the ethnic origins of the person as perceived by the constable.
7
In subsection (7), for the words from the beginning to “it,” there is substituted “
If a record of a search of a person has been made under this section,
”
.
8
In subsection (8), for paragraph (b) there is substituted—
b
a record of the search of the vehicle has been made under this section,
9
In subsection (9)
(time within which copy of search may be requested) for “12 months” there is substituted “
3 months
”
.