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Policing and Crime Act 2017

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Changes over time for: Section 83

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Point in time view as at 28/04/2022.

Changes to legislation:

Policing and Crime Act 2017, Section 83 is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

83Protective searches: individuals removed etc under section 135 or 136 of the Mental Health Act 1983E+W

This section has no associated Explanatory Notes

After section 136B of the Mental Health Act 1983 (inserted by section 82) insert—

136CProtective searches

(1)Where a warrant is issued under section 135(1) or (2), a constable may search the person to whom the warrant relates if the constable has reasonable grounds for believing that the person—

(a)may present a danger to himself or herself or to others, and

(b)is concealing on his or her person an item that could be used to cause physical injury to himself or herself or to others.

(2)The power to search conferred by subsection (1) may be exercised—

(a)in a case where a warrant is issued under section 135(1), at any time during the period beginning with the time when a constable enters the premises specified in the warrant and ending when the person ceases to be detained under section 135;

(b)in a case where a warrant is issued under section 135(2), at any time while the person is being removed under the authority of the warrant.

(3)Where a person is detained under section 136(2) or (4), a constable may search the person, at any time while the person is so detained, if the constable has reasonable grounds for believing that the person—

(a)may present a danger to himself or herself or to others, and

(b)is concealing on his or her person an item that could be used to cause physical injury to himself or herself or to others.

(4)The power to search conferred by subsection (1) or (3) is only a power to search to the extent that is reasonably required for the purpose of discovering the item that the constable believes the person to be concealing.

(5)The power to search conferred by subsection (1) or (3)—

(a)does not authorise a constable to require a person to remove any of his or her clothing other than an outer coat, jacket or gloves, but

(b)does authorise a search of a person's mouth.

(6)A constable searching a person in the exercise of the power to search conferred by subsection (1) or (3) may seize and retain anything found, if he or she has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or herself or to others.

(7)The power to search a person conferred by subsection (1) or (3) does not affect any other power to search the person.

Commencement Information

I1S. 83 in force for specified purposes at Royal Assent, see s. 183

I2S. 83 in force at 11.12.2017 in so far as not already in force by S.I. 2017/1017, reg. 3(d) (with reg. 4)

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