Strip search (1535A/22)

please advise me what information you are able to provide within the cost limit.

Definitions: male/men or female/woman, here meaning birth sex, or biological sex.

’ Strip’, and ‘search’ as defined by Police & Criminal Evidence Act 1984 (PACE), PACE Code A and Annex A of PACE Code C.

“Strip’ and ’search’ meaning officer recorded Search Record for the purposes of ’strip’ and ‘search’.

1. Confirm total number of strip searches, carried out by this Constabulary for the period Jan 2022- November 2022
2. Confirm total number of more thorough searches (more than a search of outer clothing) carried out for the period Jan 2022 – November 2022
3. Confirm total number of strip searches carried out on female members of the public for the period Jan 2022 – November 2022
4. Confirm total number of more thorough searches (more than a search of outer clothing) carried out on female members of the public for the period Jan 2022 – November 2022.
5. Confirm how many were on females a. under arrest b. not arrested, when the search was carried out for 3. And 4.
6. Confirm how many of these were carried out by an officer of the female sex.
7. Confirm how many by an officer of the male sex for both 3. And 4.
8. Confirm how many officers within your Constabulary identify under the Equality Act 2010 as a transexual undergoing transition, transgender, or moving from birth sex to a preferred gender?
9. How many officers who identify as transexual officers participated in searches of members of the public for the period Jan 2022 – November 2022
10. How many police officers identify as a Transwomen – a man moving from birth sex to female.
11. How many police officers identify as a Transman – a woman moving from birth sex to male.
12. How many police officers identify as Non-binary: a woman moving from birth sex to Non-binary.
13. How many police officers identify as Non-binary: a man moving from birth sex to Non-binary

We clarified this with you on 14^th Nov and you replied on 14^th November 2022:

I am guided by Code A of the Police and Criminal Evidence Act 1984 which outlines at Para 3.5, a basic search, involving no more than the removal of an outer coat, jacket or gloves. P.A.C.E stipulates this can be carried out in public by any officer.

Para 3.6 however, details a more thorough search, involving the removal of more than outer clothing, and provides the example of the removal of a t-shirt. P.A.C.E stipulates these must be carried out, away from public view and by an officer of the same-sex. In addition, Para 3.7 then details strip search provisions, which are explained as the exposure of intimate parts of the body, and must again be out of public view and by an officer of the same sex.I will not outline here the provisions for intimate searches, which are of bodily orifices in the main.

If it is your position that the more thorough search, as described in Para 3.6 is recorded as either a basic search (as at Para 3.5) or as a strip search (as at Para 3.7), then I would be grateful if you could make this clear in your response and identify under which figures these are recorded.

I have replicated the relevant paragraphs of P.A.C.E below to assist you further.

3.5 There is no power to require a person to remove any clothing in public other than an outer coat, jacket or gloves, except under section 60AA of the Criminal Justice and Public Order Act 1994 (which empowers a constable to require a person to remove any item worn to conceal identity). (See Notes 4 and 6.) A search in public of a person’s clothing which has not been removed must be restricted to superficial examination of outer garments. This does not, however, prevent an officer from placing his or her hand inside the pockets of the outer clothing, or feeling round the inside of collars, socks and shoes if this is reasonably necessary in the circumstances to look for the object of the search or to remove and examine any item reasonably suspected to be the object of the search. For the same reasons, subject to the restrictions on the removal of headgear, a person’s hair may also be searched in public. (See paragraphs 3.1 and 3.3.)

.6 Where on reasonable grounds it is considered necessary to conduct a more thorough search (e.g. by requiring a person to take off a T-shirt), this must be done out of public view, for example, in a police van unless paragraph 3.7 applies, or police station if there is one nearby (see Note 6.) Any search involving the removal of more than an outer coat, jacket, gloves, headgear or footwear, or any other item concealing identity, may only be made by an officer of the same sex as the person searched and may not be made in the presence of anyone of the opposite sex unless the person being searched specifically requests it. (See Code C Annex L and Notes 4 and 7.)

3.7 Searches involving exposure of intimate parts of the body must not be conducted as a routine extension of a less thorough search, simply because nothing is found in the course of the initial search. Searches involving exposure of intimate parts of the body may be carried out only at a nearby police station or other nearby location which is out of public view (but not a police vehicle). These searches must be conducted in accordance with paragraph 11 of Annex A to Code C except that an intimate search mentioned in paragraph 11(f) of Annex A to Code C may not be authorised or carried out under any stop and search powers. The other provisions of Code C do not apply to the conduct and recording of searches of persons detained at police stations in the exercise of stop and search powers. (See Note 7).