S&S - Searching Detained Or Arrested People

Question 1

What are the two alternative search powers used to search someone up upon being arrested or detained

That is not a custody search ?

Answer 1

1. A rubdown search - S 85 to 87.
2. A warrantless search - S88

Question 2

What does it mean to be locked up?

Answer 2

Someone that has been taken into lawful custody

Behind a closed or locked door that prevents them from leaving

Question 3

Where can you search someone who is locked up in Police custody?

Answer 3

A police station

Other premises used for police purposes, including a police car

And is about to be “locked up “

Question 4

Custody search:

When can somebody be searched after being “locked up” under s11(3)

Answer 4

• If they were not searched beforehand
• Since being locked up, they have been in close proximity to another person who was not locked up
• Or near someone who was locked up but not searched
• well, we believe that they are a position of something that will harm themselves or others

Question 5

If someone has undergone a custodial search

And then is being moved to another station

Can they be searched again?

Answer 5

Only if the exceptions exist:

-If they were not searched
-Since being searched, they have come close proximity to non-searched persons
-Or we think they have something on them

Question 6

What is the purpose of a custody search under S 11?

Answer 6

It is to protect the detained persons property, and remove items that might be used to harm themselves

It is not to look for evidential material

Question 7

When should Police avoid using section 11 custody searches?

Answer 7

Immediately after arrest

They should only be used when entering the custodial environment