Use of stop and search - revised Code of Practice: consultation

8. Chapter 8 - Strip and intimate searches

8.1 This chapter outlines the distinction between strip searches and intimate searches, which are two separate forms of search. It provides clear definitions and sets out the protocols to be followed for each type of search. For the purposes of this Code, the term ‘detainee’ refers to the individual who has been detained and is subject to the search process.

Strip search

8.2 A strip search may only take place if a constable reasonably considers that the detainee might have concealed an article which the detainee would not be allowed to keep and the constable considers that a strip search is necessary to remove such an article from them. The extent of the strip search will be determined by information reasonably available to the constable at the time.

8.3 A strip search is a search involving, at minimum, the removal of a base layer which is the removal of more than an outer coat, jacket, gloves, headgear or footwear.

8.4 If upon removal of the base layer, constables continue to have reasonable grounds to suspect that a detainee is hiding an article, then the search may require the removal of additional clothing to search for concealed articles. A strip search may involve the exposure of body parts including genitalia, buttocks, and/or breasts.

8.5 If necessary to assist the strip search, the detainee may be required to undertake a range of movement to expose areas that cannot be seen. This may include movement that exposes areas around genitalia and/or the anus. At no time will a constable make physical contact with any orifice of the detainee.

The conduct of strip searches

8.6 Before carrying out a strip search, authorisation is required by a constable of the rank of Inspector or above. This includes all strip searches conducted within homes under powers contained within a search warrant. Where it is decided that the detainee should be subject to a strip search, the reason for this must be recorded and the name of the authorising officer should also be included. The reason for the search must be fully explained to the detainee.

8.7 A constable carrying out a strip search must be the same sex as the detainee.

8.8 A person may be detained under a stop and search power at a place other than where the person was first detained, only if that place, be it a police station or elsewhere, is nearby. Searches involving exposure of intimate parts of the body may be carried out only at a nearby police station or other nearby location which is out of public view. A police vehicle cannot be used for a strip search. The search should take place in an area where the detainee cannot be seen by anyone who does not need to be present, nor by a member of the opposite sex, except in cases where a responsible adult of the opposite sex has been specifically requested by the detainee.

8.9 If a strip search involves exposure of body parts such as genitalia, buttocks, and/or breasts, constables must restrict the number of persons witnessing the strip search to the absolute minimum amount required, which must always include the detainee, the constable conducting the search, and one other witness present during the search.

8.10 A constable should try to have a responsible adult present when strip searching a child or young person. Unless it’s urgent, when there is risk of serious harm to the detainee or to others, the search can only happen without the adult if the child states while the adult is there that they don’t want them present, and the adult agrees to leave. A record must be made of the child or young person's decision and signed by the responsible adult.

8.11 The search should be conducted with proper regard to the sensitivity and vulnerability of the detainee in the circumstances and every reasonable effort should be made to secure the detainee's co-operation and minimise embarrassment. Detainees should not normally be required to remove all their clothes at the same time.

8.12 If articles are found, the detainee should be asked to hand them over. If articles are found within any body orifice other than the mouth and the detainee refuses to hand them over, their removal would constitute an intimate search, which must be carried out as described in the following section.

8.13 A strip search must be conducted as quickly as possible, and the detainee allowed to dress as soon as the search is complete.

Intimate search

8.14 An intimate search is distinct from a strip search. It consists of the physical examination of a detainee's orifices, other than the mouth and is conducted only by an authorised Health Care Professional (HCP) in the presence of constables. Examination by a HCP can take place only with the consent of the detainee.

8.15 An intimate search requires higher authorisation than a strip search and may only take place under the authority of a warrant issued by a Sheriff.

8.16 A constable of the same sex as the person to be searched must be present to corroborate the search.

8.17 Before the search begins, a constable, must tell the detainee that a warrant to carry out the search has been issued.

8.18 In the case of children or young persons, or in the case of a person who has a mental illness, personality disorder, learning disability or are neurodivergent (or are otherwise vulnerable), the seeking and giving of consent must take place in the presence of a responsible adult of the same sex as the person to be searched, unless the detainee specifically requests a responsible adult of the opposite sex who is readily available.

8.19 Except in urgent cases where there is risk of serious harm to the detainee or to others, an intimate search of a child or young person or otherwise vulnerable person may take place in the absence of a responsible adult only if the child or young person or otherwise vulnerable person signifies in the presence of the responsible adult that they do not want that person to be present during the search, and that person agrees. A record must be made of the child or detainee's decision and signed by the responsible adult.

8.20 Except in urgent cases where there is risk of serious harm to the detainee or to others, whenever an intimate search occurs, the number of persons who witness the intimate search must be kept to the absolute minimum necessary, although there must always be at least two persons other than the person who is being searched present during the search.

8.21 The search must be conducted with proper regard to the sensitivity and any vulnerability of the detainee.

Record of intimate search

8.22 The following should be recorded as soon as practicable for an intimate search:

• the date the warrant was issued and the fact that the warrant was produced
• the fact that the appropriate consent was given by the detainee to the health care professional or (as the case may be) refused, and if refused, the reason given for the refusal (if any)
• which parts of the person's body were searched
• who carried out the search
• who was present
• the outcome of the search

Establishing the sex of a detainee for the purpose of strip and intimate search

8.23 Strip and intimate searches must be conducted by, or in the presence of, constables of the same sex as the detainee being searched. For the purpose of this document, sex refers to an individual’s biological sex which means sex at birth.

Searching a transgender detainee

8.24 If a detainee’s gender identity differs from their biological sex (whether or not they have a gender recognition certificate), and the detainee expresses a preference to be searched by a constable of the same gender identity as the detainee, the police service, if operationally feasible, should identify an appropriate and consenting constable to conduct the search.

8.25 Searches of detainees by constables of the opposite sex require written consent from the detainee, a senior constable of the rank of Inspector or above, and the constable conducting the search.

8.26 Police constables retain the right to decline participation in the search of a transgender detainee. This decision must be respected and constables will not face any career detriment as a result of such a refusal.

8.27 If no constable of the requested opposite sex is presently available to conduct the search, then the detainee will be supervised until a constable who consents to carry out the search is identified. If no such officer can be found within a reasonable timeframe, or if the operational risk is deemed too great, the search will be conducted by a constable of the same sex as the detainee.

Determining sex

8.28 Where there is uncertainty about a detainee’s sex, constables should engage in a conversation with the individual to establish their sex in a respectful and non-intrusive manner.

8.29 If sex cannot be identified or the person does not engage, constables can refer to official documentation or identity documents that indicate sex, although constables should bear in mind that official documentation is not definitive evidence of a person’s biological sex.

8.30 If uncertainty remains, constables should record the steps taken to establish the detainee’s sex and, where operationally necessary, proceed on the basis of the officer’s honest and reasonable belief of the person’s biological sex, applying the safeguards and dignity requirements set out in this Code.

8.31 In such cases, constables must document the rationale for their decision in the stop and search record, and a supervisor should review the circumstances at the earliest opportunity.

Documentation

8.32 The sex of the detainee, as determined for the purpose of the search, must be recorded in the custody record, search record, or constable’s notebook. Where a detainee expresses a preference that cannot be accommodated due to operational or other constraints, this must also be documented.

Disclosure and privacy

8.33 Information regarding a detainee’s gender identity or transgender status is confidential and must be treated as such. This information will only be lawfully shared when in accordance with the Human Rights Act 1998, the Gender Recognition Act 2004, the Data Protection Act 2018 and any other relevant data protection legislation.

Deployment of transgender staff

8.34 Chief constables are responsible for ensuring that operational deployment of transgender constables and policing staff complies with the relevant legal framework.