Letter to consultees
Published 30 April 2024
© Crown copyright 2024
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected].
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/consultations/proposed-amendments-to-pace-codes-of-practice-a-and-c-strip-searches/letter-to-consultees
Attached is a draft revised version of Code of Practice A and Code of Practice C issued under the Police and Criminal Evidence Act 1984 (PACE). 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 revised version will be subject to a 6 week consultation beginning on 30 April and ending on 10 June. Full details, including copies of the draft revised Code, will also be published on the Home Office website
The draft revised Code A and Code C documents have a covering note outlining the changes and their purpose.
Purpose of the changes
Strip search involving the exposure of intimate parts (EIP) is one of the most intrusive powers available to the police.
The government recognises that these powers are needed in order for the police to prevent harm and effectively investigate crime. However, it is vital these searches are only conducted where necessary and proportionate, 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 particularly important where the person 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 EIP searches 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.
Summary of proposed changes
1. PACE Code C
a) Introduce 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.
b) Clarify that if 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 shall be treated as a child for the purpose of the code and any other code.
c) Introduce new requirement to notify a parent/guardian of the search and its outcome as soon as practicable when an EIP strip search takes place, prioritising before a search if practicable and where is this is not possible (e.g., when parent / carer cannot be identified) this should be recorded.
d) Add a paragraph to the PACE Codes which makes clear the potentially traumatic impact of the strip searches on children, the officer’s duty to give due regard to safeguarding needs, to take appropriate action to ensure the child’s dignity, rights and welfare are primary considerations, and to seek and give due regard to the child’s preferences with respect to considerations such as the location of the search and the notification of a parent or guardian.
e) Introduce a new requirement to notify an officer of the rank of at least superintendent as soon as practicable following any urgent strip search of a child or vulnerable adult – ie, where no appropriate adult was present.
f) Require that a safeguarding referral should be made whenever a EIP search or an intimate search of a child takes place
g) Clarify that appropriate adults of the opposite sex can only be present during strip search if known to the detainee, and the detainee agrees.
h) Require 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 paragraph 4.2, the appropriate provisions in Annex A shall apply.
2. PACE Code A
a) Introduce a new requirement that any search of a child or vulnerable person involving the exposure of intimate parts (EIP), conducted under stop and search powers, must be authorised by an officer of at least the rank of Inspector.
b) Replicate as far as is relevant in Code A the Code C provisions on the conduct of a strip search, as set out above. This is to ensure that provisions on EIP searches in Code A are self-contained.
How to respond
This draft is circulated for statutory consultation in accordance with section 67(4) of PACE.
We welcome any comments from consultees on the proposed revisions to PACE Code A and PACE Code C.
Responses should be sent to [email protected] to arrive no later than 11:59pm on 10 June.