Part V Questioning and Treatment of Persons by Police (ss 53-[65B)
Part V Questioning and Treatment of Persons by Police (ss 53-[65B)

53 Abolition of certain powers of constables to search persons

(1)     Subject to subsection (2) below, there shall cease to have effect any Act (including a local Act) passed before this Act in so far as it authorises—

(a)     any search by a constable of a person in police detention at a police station; or

(b)     an intimate search of a person by a constable;

and any rule of common law which authorises a search such as is mentioned in paragraph (a) or (b) above is abolished.

(2)     . . .

54 Searches of detained persons

(1)     The custody officer at a police station shall ascertain . . . everything which a person has with him when he is—

(a)     brought to the station after being arrested elsewhere or after being committed to custody by an order or sentence of a court; or

[(b)     arrested at the station or detained there[, as a person falling within section 34(7), under section 37 above] [or as a person to whom section 46ZA(4) or (5) applies]].

[(2)     The custody officer may record or cause to be recorded all or any of the things which he ascertains under subsection (1).

(2A)     In the case of an arrested person, any such record may be made as part of his custody record.]

(3)     Subject to subsection (4) below, a custody officer may seize and retain any such thing or cause any such thing to be seized and retained.

(4)     Clothes and personal effects may only be seized if the custody officer—

(a)     believes that the person from whom they are seized may use them—

59 . . .
64 . . .

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