Stop and Search and Detention and Questioning

Tuesday 30th April 2024 Written Statements

[The Minister for Crime, Policing and Fire (Chris Philp)]

The Government are today launching a statutory consultation on revisions to the Police and Criminal Evidence Act 1984 Codes of Practice A and C. Strip search involving the exposure of intimate parts is one of the most intrusive powers available to the police. The Government recognise that these powers are needed in order for the police to prevent harm and effectively investigate crime. However, it is vital that these powers are only used where necessary and proportionate, and that any such search is conducted in a fair and respectful manner, without unlawful discrimination, and with full regard for the welfare and dignity of the individual being searched.

These considerations are particularly important where the individual being searched is a child or vulnerable person. Findings by the Independent Office for Police Conduct, the Children’s Commissioner for England, and the City and Hackney Safeguarding Children’s Partnership show that too often when strip searches involving the exposure of intimate parts are conducted, safeguarding and child protection have not been sufficiently prioritised.

The revisions proposed in this consultation are intended to strengthen the safeguards for children and vulnerable persons who are subject to searches involving the exposure of intimate parts, and emphasise the importance of safeguarding, without hindering the police’s ability to keep the public safe.

Code A concerns the exercise by police officers of statutory powers to search a person or a vehicle without first making an arrest. Code C concerns the detention, questioning and treatment of persons by police officers.

The proposed changes under consultation include the following:

A new requirement that any search of a child or vulnerable person involving the exposure of intimate parts conducted under stop and search power must be authorised by an officer of at least the rank of inspector.

A new requirement for police custody officers to consult an officer of at least the rank of inspector prior to conducting an EIP search of a child or vulnerable person in custody.

A requirement that if at any time an officer has reason to suspect that a person may be under 18, in the absence of clear evidence to dispel that suspicion, they shall be treated as a child for the purpose of the code and any other code.

A new requirement that police must, where practicable, notify a parent or guardian regarding an EIP search of a child, unless to do so would put the child at risk of harm.

An explicit reference to the safeguarding needs of any child who may be subject to an EIP search, and to the potentially traumatic impact that the search may have.

A new requirement to notify an officer of the rank of at least superintendent following any EIP of a child or vulnerable adult where, because of urgency, an appropriate adult was not present.

A new requirement that a safeguarding referral must be made whenever an EIP search of a child takes place.

A clarification that appropriate adults of the opposite sex can only be present during strip search if known to the detainee.

Replicating as far as is relevant in Code A the Code C provisions on the conduct of a strip search, to ensure that provisions on EIP searches in Code A are self-contained.

Requiring that where more than outer clothing is removed from a detainee in custody due to concerns for the detainee’s welfare, to preserve evidence, or any other reason set out in Code C paragraph 4.2, the appropriate provisions in Annex A shall apply.

The consultation will run for six weeks, and the Government will publish their response later this year. The consultation and Codes A and C are being published on www.gov.uk.

[HCWS433]