Section 72Part 4 — Powers, Duties and Privileges of Police Officers
Searches and examination to ascertain identity
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72. (1) If a police officer of at least the rank of Inspector authorises it, a person who is detained in a police station may be searched or examined, or both —
for the purpose of ascertaining whether the person has any mark that would tend to identify that person as a person involved in the commission of an offence; or
for the purpose of facilitating the ascertainment of that person’s identity.
A police officer may only give an authorisation under subsection (1) for the purpose mentioned in paragraph (a) of that subsection if —
the appropriate consent to a search or examination that would reveal whether the mark in question exists has been withheld; or
it is not practicable to obtain such consent.
A police officer may only give an authorisation under subsection (1) in a case in which subsection (2) does not apply if —
the person in question has refused to identify themselves; or
the police officer has reasonable grounds for suspecting that that person is not who the person claims to be.
A police officer may give an authorisation under subsection (1) orally or in writing but, if the police officer gives it orally, that police officer shall confirm it in writing as soon as practicable.
Any identifying mark found on a search or examination under this section shall be photographed —
with the appropriate consent; or
if the appropriate consent is withheld or it is not practicable to obtain, without it. Section 73 Police Act (2021 Revision) Page 66 Revised as at 31st December, 2020 c
Where a search or examination may be carried out under this section, or a photograph may be taken under this section, the only persons entitled to carry out the search or examination, or to take the photograph, are police officers or such other persons approved in writing by the Commissioner.
A person may not under this section carry out a search or examination of a person of the opposite sex or take a photograph of any part of the body of a person of the opposite sex.
An intimate search may not be carried out under this section.
A photograph taken under this section —
may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution; and
after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related.
In subsection (9) —
the reference to crime includes a reference to any conduct which —
constitutes one or more criminal offences, whether under the law of the Islands or of a country or territory outside of the Islands; or
is, or corresponds to, any conduct which, if it all took place in any