So, if you are an officer and you stop and end up arresting somebody of the opposite sex. You need to search them but you are on patrol with a PCSO who is the same sex as the detained person who needs searching. Could you "do" the search but get the PCSO to physically perform it on your behalf or is this against the rules?
PCSO's have no power; in law, to perform searches, except under the terrorism act.
I doubt you would ever find a PCSO willing to conduct a search because a Reg "told them to" Both the reg and the PCSO would get in trouble as a result of this unlawful act.
Ah, but what if the person consented to the search?
Still no I'm afraid, best bet would be to get a random MoP to conduct it if it was consented, although this isn't really allowed and would be frowned upon. Where PACE is concerned, doing it by the book really is the best way to do things.
There is NO longer such a thing as a VOLUNTARY search? (is there?)
| QUOTE (Donkey Walloper @ April 05, 2006 10:48 pm) |
| There is NO longer such a thing as a VOLUNTARY search? (is there?) |
Your right Donkey,
Codes of Practice, code A powers of police to stop and search.
An officer must not search a person, even with his or her consent, where no power to search is applicable. Even where a person is prepared to submit to a search voluntarily, the person must not be searched unless the necessary legal power exists, and the search must be in accordance with the relevant power and the provisions of this Code. The only exception, where an officer does not require a specific power, applies to searches of persons entering sports grounds or other premises carried out with their consent given as a condition of entry.
What about if a person consented to be searched by somebody of the opposite gender? - I am not aware of anything in law which says this isn't allowed, maybe thats the point of this reply - anybody know any legislation which says about gender searching? Let's forget about force policy for the moment