135 Searching persons in police custody
Immigration and Asylum Act 1999 (1999 c 33) | Legislation

135  Searching persons in police custody

(1)     In the 1971 Act, after section 28G, insert—

“28H Searching persons in police custody

(1)     This section applies if a person—

(a)     has been arrested for an offence under this Part; and

(b)     is in custody at a police station or in police detention at a place other than a police station.

(2)     An immigration officer may, at any time, search the arrested person in order to see whether he has with him anything—

(a)     which he might use to—

(i)     cause physical injury to himself or others;

(ii)     damage property;

(iii)     interfere with evidence; or

(iv)     assist his escape; or

(b)     which the officer has reasonable grounds for believing is evidence relating to the offence in question.

(3)     The power may be exercised only to the extent that the custody officer concerned considers it to be necessary for the purpose of discovering anything of a kind mentioned in subsection (2).

(4)     An officer searching a person under this section may seize anything he finds, if he has reasonable grounds for believing that—

(a)     that person might use it for one or more of the purposes mentioned in subsection

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