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Legal matters

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Question about being arrested

70 replies

lesleyb2k1 · 11/05/2021 19:32

I was held in police custody on a drink driving charge as I stupidly gave a friend a lift when I shouldnt have. After attending the police station and of course I was arrested I was asked to provide a Stripsearch.

Though I didnt think this would be a normal procedure for this to happen on that charge?

Making no excuses and I know I need to face any punishment.

OP posts:
Nicknacky · 18/05/2021 01:04

@Outbutnotoutout Again what force are you an officer for?

And we do intimate searches, we don’t have HCP’s at the vast vast majority of our police offices.

And no, we don’t use PACE. So like I said, don’t assume where you work is universal for all of britain.

EchoCardioGran · 18/05/2021 04:12

In hindsight, it might have been helpful for the OP to say which country she had been arrested in. Hmm

EchoCardioGran · 18/05/2021 05:17

It's inaccurate to claim that only a medical professional can carry out an intimate body search under PACE.

Outbutnotoutout · 18/05/2021 08:38

@EchoCardioGran

It's inaccurate to claim that only a medical professional can carry out an intimate body search under PACE.
What do you class as an intimate search?

I am in England @Nicknacky

EchoCardioGran · 18/05/2021 11:01

Intimate search
s 55 PACE (1) et seq.
Permission needs to be obtained from Inspector or above for intimate search.

www.legislation.gov.uk/ukpga/1984/60/section/55

"Just" an intimate drugs search, requires a "suitably qualified person" and reasonable grounds, must be authorised by rank of inspector or above, and confirmed in writing asap (4).

However, see also (5)
"Except as provided by subsection 4 above, an intimate search shall be by way of examination by a suitably qualified professional UNLESS an officer of at least the rank of Inspector considers that this is not practicable.

Scottish Law is different as NickyNacky says.

Note.
4) refers to a "suitably qualified person"
(5) refers to a "suitably qualified professional"

EchoCardioGran · 18/05/2021 11:26

Also, an intimate search can only be undertaken post arrest.
Can't be conducted as part of "Stop and Search" in England/Wales.
Don't know the situation in NI and Scotland.

Outbutnotoutout · 18/05/2021 11:53

I would say a suitably qualified person or professional is HCP/medicalpractitioner/Doctor, for an intimate search

EchoCardioGran · 18/05/2021 13:33

Out You asked me to clarify what I meant about the exception, and I did. Surely, you know this already, if a serving police officer in England?
Generally speaking, body searches, of the type described by the OP, are carried out by serving officers.

An intimate search, (as defined in PACE- see link) may be carried out, post arrest, outside of a basic drugs search, without an HCP/qualified person present, in some situations. Usually, a qualified person should be present, but this is not always possible

The undertaking of an intimate search without a qualified person present, must be decided by a senior officer, of Inspector rank or above, based on "proportionality" of the circumstances. This is in England,/Wales.

Checks and balances apply to ensure this is done lawfully, with respect for the accused's Human Rights, the possibility of the secreted item harming the accused, or others, and so on.

From what you say, OP you appear to have been searched lawfully for drugs, by officers. I trust that you were treated respectfully?

Scotland has it's own rules, as described by NickyNacky.

Outbutnotoutout · 18/05/2021 14:18

I never said I was a serving police officer 🤷‍♀️

Nicknacky · 18/05/2021 14:45

@Outbutnotoutout So what is your role then?

Outbutnotoutout · 18/05/2021 15:05

[quote Nicknacky]@Outbutnotoutout So what is your role then?[/quote]
It's not relevant

Nicknacky · 18/05/2021 16:12

@Outbutnotoutout I think it is when you are proclaiming to know what you are talking about?

For transparency I’m a police officer.

EchoCardioGran · 18/05/2021 17:02

@Outbutnotoutout

I never said I was a serving police officer 🤷‍♀️
It was fairly obvious from your duff info to OP.

Which is rather shit, given that she is in a lot of bother, and posted in Legal to talk about what happened, rather than AIBU.

Outbutnotoutout · 18/05/2021 17:21

[quote Nicknacky]@Outbutnotoutout I think it is when you are proclaiming to know what you are talking about?

For transparency I’m a police officer.[/quote]
Just because I'm not a police officer doesn't mean I gave duff information, nor that I don't know what I'm on about.

Outbutnotoutout · 18/05/2021 17:24

I work in custody, married to a 25yr long police Sgt, who has worked in custody 15yrs

EchoCardioGran · 18/05/2021 17:55

@Outbutnotoutout

I work in custody, married to a 25yr long police Sgt, who has worked in custody 15yrs
It's duff information to claim sweepingly that ONLY an HCP can carry out an intimate search. As I've explained, there can be exceptions to that. Also PACE does not apply everywhere, as PP has explained.
Nicknacky · 18/05/2021 18:45

@Outbutnotoutout Feel feee to admit that your sweeping statements are incorrect?

Outbutnotoutout · 19/05/2021 08:35

Well whatever...I know what's what.

As I explained above the difference between a strip search and intimate search.

If your asking a detainee to pull back their foreskin or squat, then that's an intimate search and can only be carried out by a HCP or Doctor.

Hey PACE is misrepresented all the time, it's just it isn't challenged, because people don't fully understand their rights.

EchoCardioGran · 19/05/2021 10:27

Being a custody employee does not make you an expert in PACE.
You aren't a lawyer because it's obvious
You aren't a police officer because you were talking bollocks.
You obviously aren't a health care professional.
Best stick to booking in prisoners property, and your real day job.
Because you are making yourself look daft now, and outing yourself.

EchoCardioGran · 19/05/2021 10:47

@Outbutnotoutout

Well whatever...I know what's what.

As I explained above the difference between a strip search and intimate search.

If your asking a detainee to pull back their foreskin or squat, then that's an intimate search and can only be carried out by a HCP or Doctor.

Hey PACE is misrepresented all the time, it's just it isn't challenged, because people don't fully understand their rights.

In Greater Manchester Police and two neighbouring authorities. (Which I am familiar with. ) Intimate searches are carried out by a Doctor OR Police Officer as authorised by Inspector or above under PACE.

In Scotland, PACE does not apply, it's different! You just don't get it!

Show the thread to your Chief Inspector and see what she or he has to say about how accurate you are.....

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