I3Part 4Police powers
I2Treatment following arrest
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
167I1Searches and examination
1
This section applies if a person has been arrested under an extradition arrest power and is detained at a police station.
2
If a police officer of at least the rank of inspector authorises it, the person may be searched or examined, or both, for the purpose of facilitating the ascertainment of his identity.
3
An identifying mark found on a search or examination under this section may be photographed—
a
with the appropriate consent, or
b
without the appropriate consent, if that consent is withheld or it is not practicable to obtain it.
4
The only persons entitled to carry out a search or examination, or take a photograph, under this section are—
a
constables;
b
persons designated for the purposes of this section by the appropriate police officer.
5
A person may not under this section—
a
carry out a search or examination of a person of the opposite sex;
b
take a photograph of any part of the body (other than the face) of a person of the opposite sex.
6
An intimate search may not be carried out under this section.
7
Ascertaining a person’s identity includes showing that he is not a particular person.
8
Taking a photograph includes using a process by means of which a visual image may be produced; and photographing a person must be construed accordingly.
9
Mark includes features and injuries and a mark is an identifying mark if its existence in a person’s case facilitates the ascertainment of his identity.
10
The appropriate police officer is—
a
in England and Wales, the chief officer of police for the police area in which the police station in question is situated;
b
in Northern Ireland, the Chief Constable of the Police Service of Northern Ireland.
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))