Criminal Investigation Act 2006

This section is in addition to section 70 and operates if a person (the searcher) is authorised by this Act to do a strip search of a person.

Unless the strip search is being done under section 135, it must not be done unless the searcher reasonably suspects that a strip search is necessary in the circumstances.

If the strip search involves removing any article that the person is wearing or searching the person’s private parts —

the searcher must be the same gender as the person being searched, unless the searcher is a doctor or a nurse; and

any person present while it is done must, if practicable, be of the same gender as the person being searched; and

it must be done in circumstances affording reasonable privacy to the person; and

it must not involve the removal of more articles being worn by the person than is reasonably necessary for doing it; and

it must not involve more visual inspection than is reasonably necessary for doing it; and

the number of people present while it is done (excluding a person who is present under paragraph (g)), must not be more than is reasonably necessary to ensure it is done effectively and to ensure the safety of all present; and

if the person is a protected person, it must, if practicable, be done in the presence of a responsible person or some other person who can provide the protected person with support and represent his or her interests.