Section 73Part 4 — Powers, Duties and Privileges of Police Officers
Intimate searches
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73. (1) Subject to the following provisions of this section, if a police officer of at least the rank of Inspector has reasonable grounds for believing — Police Act (2021 Revision) Section 73 c Revised as at 31st December, 2020 Page 67
that a person who has been arrested and is in police detention may have concealed on that person anything which —
that person could use to cause physical injury to themselves or others; and custody or in court; or
that person might so use while that person is in police detention or in
that such a person may have a controlled drug concealed on themselves; the police officer may authorise an intimate search of that person.
A police officer may not authorise an intimate search of a person for anything unless the police officer has reasonable grounds for believing that it cannot be found without the person being intimately searched.
A police officer may give 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 is practicable.
An intimate search which is only a drug offence search shall be by way of examination by a suitably qualified person.
Except as provided by subsection (4), an intimate search shall be by way of examination by a suitably qualified person unless a police officer of at least the rank of Inspector considers that this is not practicable.
An intimate search which is not carried out as mentioned in subsection (5) shall be carried out by a police officer.
A police officer may not carry out an intimate search of a person of the opposite sex.
An intimate search may not be carried out except —
at a police station;
at a hospital;
at a registered medical doctor’s surgery; or
at some other place used for medical purposes.
An intimate search which is only a drug offence search may not be carried out at a police station.
If an intimate search of a person is carried out, the custody record relating to the person shall state —
which parts of that person’s body were searched; and
why they were searched.
The information required to be recorded by subsection (10) shall be recorded as soon as practicable after the completion of the search. Section 74 Police Act (2021 Revision) Page 68 Revised as at 31st December, 2020 c
The custody officer at a police station may seize and retain anything which is found on an intimate search of a person, or cause any such thing to be seized and retained —
if the custody officer believes that the person from whom it is seized may use it —
to cause physical injury to themselves or any other person;
to damage property;
to interfere with evidence; or
to assist that person to escape; or
if the custody officer has reasonable grounds for believing that it may be evidence relating to an offence.
Where anything is seized under this section, the person from whom it is seized shall be told the reason for the seizure unless the person is —
violent or likely to become violent; or
incapable of understanding what is said to that person.
In this section — “controlled drug” has the meaning assigned to it by section 2(1) of the Misuse of Drugs Act (2017 Revision); “drug offence search” means an intimate search for a controlled drug which an officer has authorised by virtue of subsection (1)(b); and “suitably qualified person” means —
a registered medical doctor; or
a registered nurse.