The powers library33 of 59 Detention and custody

Searching detained persons

s.54Police and Criminal Evidence Act 1984

Lets the custody officer find out and record what a detained person has with them, have them searched to the extent necessary, and seize items that could cause harm or are evidence.

Searching detained persons · Police and Criminal Evidence Act 1984, s.54Card 33 / 59

When you can use it

s.54(1)The person is at the station after arrest or committal, or was arrested or is detained there (e.g. under s.37)
s.54(6)The custody officer considers a search necessary to ascertain what the person has with them, and only to the extent necessary
s.54(6A)Anyone in custody at a police station, or in police detention elsewhere, may be searched at any time to check for items that could be used to cause injury, damage property, interfere with evidence or assist escape
s.54(8)–(9)The search is carried out by a constable of the same sex as the person
Strip search (Code C Annex A para 10): necessary to remove an article the detainee would not be allowed to keep, and the officer reasonably considers it may be concealed
s.54(7)Never an intimate search – that needs s.55

What it allows

Searching the detainee to the extent the custody officer considers necessary.
Seizing and keeping items found. Clothes and personal effects only if the custody officer believes they could be used to cause injury, damage property, interfere with evidence or help escape, or has reasonable grounds to believe they may be evidence of an offence (s.54(4)).
A strip search, only under Code C Annex A Part B, with no contact with any body orifice.

Key definitions

Strip search – Code C Annex A para 9: a search involving the removal of more than outer clothing. Outer clothing includes shoes and socks.
Intimate search – a physical examination of a body orifice other than the mouth. Not allowed under s.54.
Personal effects – Code C para 4.3: items the detainee may lawfully need, use or refer to while detained. Not cash or valuables.

Safeguards

Tell the person why an item is seized, unless they are violent, likely to become violent or unable to understand (s.54(5)).
A strip search must not be routine. Hold it where no one who does not need to be present can see, and out of view of the opposite sex.
Where intimate parts are exposed, at least two people other than the detainee must be present, unless it is urgent and there is a risk of serious harm. For a juvenile or vulnerable person, one must be the appropriate adult. A juvenile may only be searched without them if the juvenile asks for this and the appropriate adult agrees, recorded and signed.
Respect dignity: upper clothing should normally go back on before lower clothing comes off.
Record on the custody record why a strip search was necessary, who was present and the result (Annex A para 12).

Good to know

Not every detainee must be searched. Someone held briefly and not put in a cell can be recorded as “not searched” (Code C Note 4A).
Menstrual and other health and hygiene products count as personal effects. Withholding them needs a further specific risk assessment (Code C para 4.3A).
If a detainee refuses to hand over an article in a body orifice other than the mouth, removing it is an intimate search under s.55, which needs an inspector’s authorisation.

Legislation: Police and Criminal Evidence Act 1984, s.54 (opens legislation.gov.uk in a new tab)
Who can use it: The custody officer (search carried out by a constable)
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Searching detained persons: questions people ask

When can the police use searching detained persons?

1. The person is at the station after arrest or committal, or was arrested or is detained there (e.g. under s.37) 2. The custody officer considers a search necessary to ascertain what the person has with them, and only to the extent necessary 3. Anyone in custody at a police station, or in police detention elsewhere, may be searched at any time to check for items that could be used to cause injury, damage property, interfere with evidence or assist escape 4. The search is carried out by a constable of the same sex as the person 5. Strip search (Code C Annex A para 10): necessary to remove an article the detainee would not be allowed to keep, and the officer reasonably considers it may be concealed 6. Never an intimate search – that needs s.55

Who can use searching detained persons?

The custody officer (search carried out by a constable)

What law gives the power for searching detained persons?

Police and Criminal Evidence Act 1984, s.54.

More detention and custody powers

All detention and custody powers