The powers library34 of 59 Detention and custody

Intimate searches

s.55Police and Criminal Evidence Act 1984

Lets an inspector authorise a search of the body orifices (other than the mouth) of a person arrested and in police detention, to find a concealed item that could cause injury or a Class A drug held for supply or export.

Intimate searches · Police and Criminal Evidence Act 1984, s.55Card 34 / 59

When you can use it

The person has been arrested and is in police detention
An inspector or above has reasonable grounds for believing that the person may have concealed on them either an injury item or a Class A drug
s.55(1)(a)Injury item – something they could use to cause physical injury to themselves or others, and might so use while in police detention or in the custody of a court
s.55(1)(b)Class A drug – they possessed it before arrest with intent to supply or export it unlawfully (the appropriate criminal intent)
s.55(2)The inspector reasonably believes the item cannot be found without an intimate search
s.55(3A)For a drug offence search, the appropriate consent has been given in writing

What it allows

Examining body orifices other than the mouth to find and remove the item.
By a doctor or registered nurse; by a constable only for an injury item, where an inspector considers a medical search not practicable (s.55(4)–(6)).
Only at a police station, hospital, surgery or other medical premises; a drug offence search never at a police station (s.55(8)–(9)).
The custody officer may keep anything found that could cause harm or help escape, or may be evidence (s.55(12)).

Key definitions

Drug offence search – s.55(17): an intimate search for a Class A drug authorised under s.55(1)(b).
Appropriate consent – s.65: the person if 18 or over; the person and a parent or guardian if 14 to 17; a parent or guardian if under 14.
Suitably qualified person – s.55(17): a registered medical practitioner or registered nurse.

Safeguards

Oral authorisation must be confirmed in writing as soon as practicable (s.55(3)).
Before the search, tell the person it has been authorised and the grounds (Code C Annex A para 2A; s.55(3B)).
Before seeking consent to a drug offence search, warn that refusal without good cause may harm their case, and remind an unrepresented detainee of free legal advice (Annex A para 2B).
A constable searching must be the same sex as the detainee, with at least two other people present (s.55(7); Annex A para 6).
A juvenile or vulnerable person searched at a police station needs a same-sex appropriate adult present, unless they ask for a particular opposite-sex one who is readily available. A juvenile may decline the adult only in the adult’s presence and with their agreement (Annex A para 5).
Record the authorisation, grounds, parts searched, who searched, who was present and the result (s.55(10)–(11); Annex A para 7), and why a constable searched if one did (para 8).

Good to know

The inspector must first try to persuade the detainee to hand the item over; a constable searching is a last resort (Notes A1–A4).
Refusing consent to a drug offence search without good cause allows proper inferences at trial (s.55(13A)).
Exam trap: s.55(1)(b) does not cover a Class A drug held only for personal use.
X-rays and ultrasound scans for swallowed Class A drugs fall under s.55A.

Legislation: Police and Criminal Evidence Act 1984, s.55 (opens legislation.gov.uk in a new tab)
Who can use it: An inspector or above (authorisation)
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Intimate searches: questions people ask

When can the police use intimate searches?

1. The person has been arrested and is in police detention 2. An inspector or above has reasonable grounds for believing that the person may have concealed on them either an injury item or a Class A drug 3. Injury item – something they could use to cause physical injury to themselves or others, and might so use while in police detention or in the custody of a court 4. Class A drug – they possessed it before arrest with intent to supply or export it unlawfully (the appropriate criminal intent) 5. The inspector reasonably believes the item cannot be found without an intimate search 6. For a drug offence search, the appropriate consent has been given in writing

Who can use intimate searches?

An inspector or above (authorisation)

What law gives the power for intimate searches?

Police and Criminal Evidence Act 1984, s.55.

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