4 Detainee’s property
(a) Action
4.1 The custody officer is responsible for:
(a) ascertaining what property a detainee:
(i) has with them when they come to the police station, either on first arrival at the police station or any subsequent arrivals at a police station in connection with that detention;
(ii) might have acquired for an unlawful or harmful purpose while in custody.
(b) the safekeeping of any property taken from a detainee which remains at the police station.
The custody officer may search the detainee or authorise their being searched to the extent they consider necessary, provided a search of intimate parts of the body or involving the removal of more than outer clothing is only made as in Annex A. A search may only be carried out by an officer of the same sex as the detainee. See Note 4A and Annex I.
4.2 Subject to paragraph 4.3A, detainees may retain clothing and personal effects at their own risk unless the custody officer considers they may use them to cause harm to themselves or others, interfere with evidence, damage property, effect an escape or they are needed as evidence. In this event, the custody officer may withhold such articles as they consider necessary and must tell the detainee why.
4.3 Personal effects are those items a detainee may lawfully need, use or refer to while in detention but do not include cash and other items of value.
4.3 A For the purposes of paragraph 4.2, the reference to clothing and personal effects shall be treated as including menstrual and any other health, hygiene and welfare products needed by the detainee in question (see paragraphs 9.4A and 9.4B) and a decision to withhold any such products must be subject to afurther specific risk assessment.
(b) Documentation
4.4 It is a matter for the custody officer to determine whether a record should be made of the property a detained person has with him or had taken from him on arrest (see Note 4D). Any record made is not required to be kept as part of the custody record but the custody record should be noted as to where such a record exists and that record shall be treated as being part of the custody record for the purpose of this Code of Practice (see paragraphs 2.4, 2.5 and 2.7). Whenever a record is made the detainee shall be allowed to check and sign the record of property as correct. Any refusal to sign shall be recorded.
4.5 If a detainee is not allowed to keep any article of clothing or personal effects, the reason must be recorded.
Notes for Guidance
4A PACE, Section 54(1) and paragraph 4.1 require a detainee to be searched when it is clear the custody officer will have continuing duties in relation to that detainee or when that detainee’s behaviour or offence makes an inventory appropriate. They do not require every detainee to be searched, e.g. if it is clear a person will only be detained for a short period and is not to be placed in a cell, the custody officer may decide not to search them. In such a case the custody record will be endorsed ‘not searched’, paragraph 4.4 will not apply, and the detainee will be invited to sign the entry. If the detainee refuses, the custody officer will be obliged to ascertain what property they have in accordance with paragraph 4.1.
4B Paragraph 4.4 does not require the custody officer to record on the custody record property in the detainee’s possession on arrest if, by virtue of its nature, quantity or size, it is not practicable to remove it to the police station.
4C Paragraph 4.4 does not require items of clothing worn by the person to be recorded unless withheld by the custody officer as in paragraph 4.2.
4D Section 43(2) of TACT allows a constable to search a person who has been arrested under section 41 of TACT to discover whether they have anything in their possession that may constitute evidence that they are a terrorist.