B.12.02 Searching Persons (National Procedure)

Requirements

• R1 Scanner Search
• R2 Rub-Down Search
• R3 Refusal to Submit to a Scanner or Rub-Down Search
• R4 Dog Search
• R5 Detention Pending Investigation by Police
• R6 Information

Searching

The custodial provider has correctly and legally performed searches of facilities, vehicles, prisoners and visitors (and their property) to ensure unauthorised items do not enter the prison.

Visitor Information

The custodial provider has ensured that all visitors have been informed, via the use of signs and pamphlets that the introduction of drugs into prisons is an offence and that this activity will be treated as such, including Police involvement.

Initial procedure

1. Notices are prominently displayed in accordance with B.12.02.R6.
2. The staff member supervising entry must ask any person entering the prison to declare any item he or she intends bringing into the prison that may be unauthorised. If the declared response is positive, each item is checked.
3. Where that person declares that he or she may have unauthorised or prohibited items in his or her possession, each item must be checked and a decision made by the staff member whether or not the item is to be allowed into the prison. If necessary, the staff member should consult a Manager about this decision. If the item is not to be allowed into the prison, arrangements must be made for it to be secured until the person leaves the prison.
4. Persons are advised of the requirements of carrying prescribed medication when entering a prison.
5. The staff member must ensure that access to vital medication is available for those persons who require it.
6. Carry bags and other articles are searched by staff when persons enter the prison.
   
   Note: It is important that care is taken when searching bags / briefcases that may contain information of legal privilege. Searching staff should take care, that during the course of a search, they do not read any correspondence that is related to a prisoner’s legal affairs. Refer to PPM system A.05.01.R1 Mail Between Prisoners, Official Agencies and Legal Advisers.
   
   
7. Staff carrying out the searching of carry bags and other articles are to do so with care to ensure that no item is damaged.

Scanner searches

1. Any person wishing to enter a prison may, before being admitted, be required to undergo a scanner search for the purpose of detecting any unauthorised item.
2. Any person who refuses to submit to a scanner search before being admitted to a prison must be refused entry to the prison.
3. Any person who has been admitted to a prison may, at any time while that person is in the prison, be required to undergo a scanner search for the purpose of detecting any unauthorised item.
4. If the person refuses to submit to a scanner search while that person is in the prison, they may be required to leave the prison, or reasonable force may be used to carry out the search.
5. Scanner searches are carried out in accordance with B.12.02 R1.

X-Ray searches

1. Any person wishing to enter the facility may, before being admitted, be required to undergo an x-ray search of any item(s) they wish to take into the facility for the purpose of detecting any unauthorised item.
2. Any person who refuses to submit to an x-ray search of their item(s) before being admitted to the facility must be refused entry.
3. Any person who has been admitted to the facility may, at any time while that person is in the facility, be required to undergo an x-ray search of any item(s) for the purpose of detecting any unauthorised item.
4. If a person admitted to the facility refuses to submit to an x-ray search of the item(s) reasonable force may be used to carry out the search.
5. X-ray searches will be carried out in accordance with B.12.02.R1.

Note: The x-ray machines installed are for searching articles only, and MUST NOT be used to search people.

Items to be searched

• All articles carried by staff or visitors will be subject to an x-ray search.  The following list is not exhaustible and may be added to at any time:
• • Brief case
  • Prams
  • Staff personal bags
  • Mail bags
  • Consumables (e.g. fruit, milk, bread etc)
  • Stores
  • Laundry
  • Prisoner bags
  • Nappies
  • Baby drink bottles

Rub-down searches

1. If an officer has reasonable grounds to suspect that a person who wishes to enter a prison, or who is in a prison, has an unauthorised item in his / her possession the officer may, with the person’s consent, conduct a rub-down search of the person.
2. Any person who refuses to submit to a rub-down search before being admitted to a prison must be refused entry.
3. Any person who refuses to consent to a rub-down search while that person is in a prison may be required to leave the prison, or may, if approved by the Prison Manager or other manager authorised for the purpose be required to undergo a rub-down search and reasonable force may be used to carry out the search.
4. Rub-down searches are carried out in accordance with B.12.02.R2.
5. Each rub-down search is recorded on the Rub-down Search Report form B.12.02.F3, entered into IOMS as soon as practicable (if the person is a visitor), and a copy of the form is kept in a file that is known as the ‘Rub-Down Search Register’.

Strip searches

No person, other than a prisoner, may be subjected to a strip search, except when carried out by a Police Officer under section 18 of the Misuse of Drugs Act 1975, where the Police Officer has reasonable grounds for believing the person is in possession of a controlled drug.

Searching persons under the age of 16 years

1. Persons under the age of 16 years may be required to undergo a scanner or rub-down search for the purpose of detecting any unauthorised item if consent is given from an accompanying parent or guardian or other adult who is an approved prison visitor;
   • or if consent is given by a specified visitor who is accompanying the person under 16 years pursuant to regulation 106(2);
   • or if consent is given by the Prison Manager who has approved an unaccompanied visit by a person under 16 years pursuant to regulation 106 (1).
2. If consent to carry out a scanner or rub-down search on a person under the age of 16 years is not given prior to the person being admitted to a prison, entry to the prison must be refused for the person under 16 years of age.
3. If consent to carry out a scanner or rub-down search on a person under the age of 16 years is not given while the person is in the prison, and there is reasonable cause to suspect the person under the age of 16 years has an unauthorised item in his / her possession, the Prison Manager or other manager authorised for that purpose must be notified.
4. Reasonable force may be used to carry out a search on a person under the age of 16 years only if approved by the Prison Manager or authorised manager, and should only be used as a last resort after the following options have been considered:
   1. Visitor(s) will be asked to hand over any unauthorised items they may have in his / her possession;
   2. Prison visit is terminated and visitor(s) are escorted from the prison;
   3. A prohibition order is issued to the visitor(s) concerned;
   4. Non-contact visit may be arranged.
   5. Visitor(s) are detained in accordance with s95 of the Corrections Act 2004.

Note: If consent to conduct a rub-down search on a person under the age of 16 years is given by an accompanying parent, guardian, other adult who is an approved prison visitor, specified visitor or the Prison Manager, form B.12.02.F1 – Informed Consent to a Rub-Down Search must be filled in by the parent or guardian consenting to the search.

Searching Infants

1. The parent, guardian or other adult visiting a prison with an infant may, prior to entering the prison or while in the prison, be required to allow an officer to conduct a visual inspection of the infant for the purpose of ensuring there are no unauthorised items concealed on the infant’s person, or in the infant’s clothing.
2. For the purpose of allowing an officer to conduct a visual inspection of an infant, the parent, guardian or other adult may be required to do all or any of the following:
   • run or pat his / her hand over the clothed body of the infant;
   • turn any pocket or pouch on the infant’s clothing, inside out;
   • change the infant’s clothing;
   • change the infant’s diaper.
3. If the parent, guardian or other adult refuses to consent to allow an officer to conduct a visual inspection of the infant, either prior to entering a prison or while the visitor is in the prison, the infant and the parent, guardian or other adult must be refused entry or required to leave the prison, as the case may be.

Note: A suitable facility that offers privacy during this procedure should be available for use as required.

Key Roles and Responsibilities

Manager

1. “Manager” may be the Prison Manager, Unit Manager, or another manager with custodial responsibilities including an on-call / duty manager.
2. Managers are contacted, as soon as practicable, when a person has refused to have his / her vehicle searched.
3. Managers are required to personally attend the prison check-point (PCP) when requested by the PCP Supervisor.
   Note: If there is going to be an unacceptable delay for the manager to arrive at the site, the PCP Supervisor can arrange for the manager to speak, by telephone, to the person refusing to allow their vehicle to be searched.
4. Managers must speak to the person other than a private visitor who has refused to have his / her vehicle searched and follow the process outlined in B.12.01.R2.

Prison Manager or authorised manager

1. Approve the use of reasonable force to conduct a scanner or rub-down search on a person other than a prisoner if:
   1. There are reasonable grounds to suspect a person has an unauthorised item in his / her possession, and
   2. Consent to a scanner or rub-down search has been refused.
2. Consider the following options in the case of persons under the age of 16 years before considering the use of reasonable force:
   1. Ask visitor(s) to hand over any unauthorised item(s) they may have in their possession;
   2. Terminate the visit and have the visitor(s) escorted from the prison;
   3. Issue a prohibition order to the visitor concerned;
   4. Approve a non-contact visit.
   5. Visitor(s) are detained in accordance with s95 of the Corrections Act 2004.

Staff Training

All staff involved in searching persons have been trained in the following:

• Drug detection and identification
• Laws and procedures for searching
• Report writing and incident recording

Sources of further information

• An up-to-date list of local lawyers.

See Related Links to access the Process Summary: Visitor arrives at Gatehouse to enter facility.