Police and Criminal Evidence Act 1984, section 55

Intimate searches

Part V Questioning and Treatment of Persons by Police

(1)Subject to the following provisions of this section, if an officer of at least the rank of [F427inspectorF427] has reasonable grounds for believing—

(a)that a person who has been arrested and is in police detention may have concealed on him anything which—

(i)he could use to cause physical injury to himself or others; and

(ii)he might so use while he is in police detention or in the custody of a court; or

(b)that such a person—

(i)may have a Class A drug concealed on him; and

(ii)was in possession of it with the appropriate criminal intent before his arrest,

he may authorise [F428an intimate searchF428] of that person.

(2)An officer may not authorise an intimate search of a person for anything unless he has reasonable grounds for believing that it cannot be found without his being intimately searched.

(3)An officer may give an authorisation under subsection (1) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

[F429 (3A)A drug offence search shall not be carried out unless the appropriate consent has been given in writing.

(3B)Where it is proposed that a drug offence search be carried out, an appropriate officer shall inform the person who is to be subject to it—

(a)of the giving of the authorisation for it; and

(b)of the grounds for giving the authorisation.F429]

(4)An intimate search which is only a drug offence search shall be by way of examination by a suitably qualified person.

(5)Except as provided by subsection (4) above, an intimate search shall be by way of examination by a suitably qualified person unless an officer of at least the rank of [F427inspectorF427] considers that this is not practicable.

(6)An intimate search which is not carried out as mentioned in subsection (5) above shall be carried out by a constable.

(7)A constable may not carry out an intimate search of a person of the opposite sex.

(8)No intimate search may be carried out except—

(a)at a police station;

(b)at a hospital;

(c)at a registered medical practitioner’s surgery; or

(d)at some other place used for medical purposes.

(9)An intimate search which is only a drug offence search may not be carried out at a police station.

(10)If an intimate search of a person is carried out, the custody record relating to him shall state—

(a)which parts of his body were searched; and

(b)why they were searched.

[F430 (10A)If the intimate search is a drug offence search, the custody record relating to that person shall also state—

(a)the authorisation by virtue of which the search was carried out;

(b)the grounds for giving the authorisation; and

(c)the fact that the appropriate consent was given.F430]

(11)The information required to be recorded by [F431subsections (10) and (10A)F431] above shall be recorded as soon as practicable after the completion of the search.

(12)The custody officer at a police station may seize and retain anything which is found on an intimate search of a person, or cause any such thing to be seized and retained—

(a)if he believes that the person from whom it is seized may use it—

(i)to cause physical injury to himself or any other person;

(ii)to damage property;

(iii)to interfere with evidence; or

(iv)to assist him to escape; or

(b)if he has reasonable grounds for believing that it may be evidence relating to an offence.

(13)Where anything is seized under this section, the person from whom it is seized shall be told the reason for the seizure unless he is—

(a)violent or likely to become violent; or

(b)incapable of understanding what is said to him.

[F432 (13A)Where the appropriate consent to a drug offence search of any person was refused without good cause, in any proceedings against that person for an offence—

(a)the court, in determining whether there is a case to answer;

(b)a judge, in deciding whether to grant an application made by the accused under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal); and

(c)the court or jury, in determining whether that person is guilty of the offence charged,

may draw such inferences from the refusal as appear proper.F432]

(14)Every annual report—

[F433 (a)under section 22 of the M32Police Act 1996; orF433]

(b)made by the Commissioner of Police of the Metropolis,

shall contain information about searches under this section which have been carried out in the area to which the report relates during the period to which it relates.

(14A)F434. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15)The information about such searches shall include—

(a)the total number of searches;

(b)the number of searches conducted by way of examination by a suitably qualified person;

(c)the number of searches not so conducted but conducted in the presence of such a person; and

(d)the result of the searches carried out.

(16)The information shall also include, as separate items—

(a)the total number of drug offence searches; and

(b)the result of those searches.

(17)In this section—

  • “the appropriate criminal intent” means an intent to commit an offence under—

(a)M33section 5(3) of the Misuse of Drugs Act 1971 (possession of controlled drug with intent to supply to another); or

(b)M34section 68(2) of the Customs and Excise Management Act 1979 (exportation etc. with intent to evade a prohibition or restriction);

  • [F435 “appropriate officer” means—

    (a)

    a constable,

    (b)

    F436 ...F437. . .

    (c)

    F437 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F435]

  • “Class A drug” has the meaning assigned to it by section 2(1)(b) of the Misuse of Drugs Act 1971 ;

  • “drug offence search” means an intimate search for a Class A drug which an officer has authorised by virtue of subsection (1)(b) above; and

  • “suitably qualified person” means—

(a)a registered medical practitioner; or

(b)a registered nurse.

Definitions used in section 55 3

intimate search

“intimate search” means a search which consists of the physical examination of a person’s body orifices other than the mouth;

Defined in s.65(1) · see it in the full Act
appropriate consent

“appropriate consent” means—

(a)

in relation to a person who has attained the age of 18 years , the consent of that person;

(b)

in relation to a person who has not attained that age but has attained the age of 14 years, the consent of that person and his parent or guardian; and

(c)

in relation to a person who has not attained the age of 14 years, the consent of his parent or guardian;

Defined in s.65(1) · see it in the full Act
offence

“offence”, in relation to any country or territory outside England and Wales, includes an act punishable under the law of that country or territory, however it is described;

Defined in s.65(1) · see it in the full Act

Cases considering section 55 3

Sex Matters, R (on the application of) v National Police Chiefs' Council & Anor

[2026] EWHC 1954 (Admin) · 31 July 2026Limits

The court distinguishes intimate searches under section 55 from the strip-search issue and expressly leaves their treatment open. (see paras [48]-[52], [93]) Cited only. Cited only. Cited only. Cited only. The subsection is cited as an example of statutory consequences for withholding consent to an intimate search. (see para [49]) Cited only. Cited only. Cited only. The provision defines the suitably qualified persons who may conduct relevant intimate searches and helps explain why the court treated intimate searches separately. (see paras [48], [50], [93]) Cited only. The provision is part of the statutory distinction between drug-offence intimate searches and other intimate searches. (see paras [48], [50]) Cited only. Cited only. The court notes the expansive opposite-sex prohibition for constables but expresses no view on its effect because intimate searches were outside the guidance under challenge. (see paras [50]-[51], [93]) Cited only. Cited only.

Anthony Owens v Chief Constable of Merseyside Police

[2021] EWHC 3119 (QB) · 11 November 2021Interprets

Section 55 was interpreted as regulating only intimate searches for injurious items or Class A drugs, subject to authorisation, consent, location, personnel and recording safeguards. The court used those safeguards to reinforce the narrow statutory meaning of intimate search. Section 55(1)(a) identifies an intimate search for an injurious item which may be used to cause physical injury during detention or custody. The court used this category when explaining the statutory limits on intimate searches. (see paras [9]-[10]) Section 55(1)(b) identifies an intimate search for a concealed Class A drug where the relevant pre-arrest criminal intent existed. The court used this category to explain the statutory definition and safeguards. (see paras [9]-[10]) Section 55(10) requires the custody record to state which body parts were searched and why. The court identified this as part of the recording safeguards applicable to intimate searches. (see para [10]) Section 55(10A) adds recording requirements for a drug offence search. The court identified these requirements as part of the statutory safeguards. (see para [10]) Section 55(13A) permits adverse inferences where written consent to a drug offence search is refused without good cause. The court used this to explain the statutory consequences of refusal. (see paras [9]-[10]) Sections 55(14) to (16) require annual reporting of intimate-search information. The court identified these provisions as part of the wider statutory safeguards. (see para [10]) Section 55(17) defines a drug offence search and the suitably qualified person who may conduct an intimate search. The court relied on those definitions when explaining the statutory scheme. (see paras [9]-[10]) Section 55(2) requires reasonable grounds for believing that the item cannot be found without an intimate search. The court relied on that requirement when describing the statutory safeguards and the distinction between lesser searches and an intimate search. (see paras [9]-[10], [31]) Section 55(3) requires prior authorisation by a sufficiently senior officer. The court identified this as a necessary precondition to an intimate search. (see paras [9]-[10]) Section 55(3A) requires written consent for a drug offence search. The court used this to reject the suggestion that an intimate search ceases to be such merely because it is consensual. (see para [37]) Section 55(3B) requires information about authorisation and grounds to be given before a drug offence search. The court identified this as part of the statutory protective regime. (see paras [9]-[10]) Section 55(4) requires a drug offence search to be conducted by examination by a suitably qualified person. The court referred to this when explaining the medical safeguards attached to intimate searches. (see paras [9]-[10]) Section 55(5) requires examination by a suitably qualified person unless that is impracticable in an injurious-item case. The court treated this medical safeguard as consistent with physical penetration being the most intrusive search. (see paras [10], [27], [31]) Section 55(6) permits a constable to conduct an intimate search only where the qualified-person requirement is displaced under section 55(5). The court referred to this in the context of the protective statutory scheme. (see para [36]) Section 55(7) prohibits an intimate search by a constable of the opposite sex. The court identified this as one of the statutory safeguards. (see para [10]) Section 55(8) restricts the places where an intimate search may be conducted. The court identified the location requirements as part of the statutory safeguards. (see para [10]) Section 55(9) excludes a drug offence search from being conducted at a police station. The court identified this as part of the statutory safeguards. (see para [10])

A (Respondent) v. Chief Constable of West Yorkshire Police (Appellant) and another

[2004] UKHL 21 · 6 May 2004

An intimate search ordinarily had to be undertaken by a doctor or nurse and could be performed by a constable only where that was impracticable. Such searches presented no practical obstacle to employment. A constable could not conduct an intimate search of a person of the opposite sex. The rarity of such searches meant that the provision did not proportionately justify excluding a trans applicant from police employment.

What each judgment says about section 55 is in the case-law panel in the full Act.

Amendments and notes

23 notes from legislation.gov.uk

Amendments

  1. F427Words in s. 55(1)(5) inserted (1.4.2003) by 2001 c. 16, ss. 79, 138(2); S.I. 2003/708, art. 2(g)
  2. F428Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(1), Sch. 15 para. 99
  3. F429S. 55(3A)(3B) inserted (1.1.2006) by Drugs Act 2005 (c. 17), ss. 3(2), 24; S.I. 2005/3053, art. 3(b)
  4. F430S. 55(10A) inserted (1.1.2006) by Drugs Act 2005 (c. 17), ss. 3(3), 24; S.I. 2005/3053, art. 3(b)
  5. F431Words in s. 55(11) substituted (1.1.2006) by Drugs Act 2005 (c. 17), ss. 3(4), 24; S.I. 2005/3053, art. 3(b)
  6. F432S. 55(13A) inserted (1.1.2006) by Drugs Act 2005 (c. 17), ss. 3(5), 24; S.I. 2005/3053, art. 3(b)
  7. F433S. 55(14)(a) substituted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 Pt. II para. 36
  8. F434S. 55(14A) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 45, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 12, 13(q) (subject to art. 4(2)-(7))
  9. F435S. 55(17): definition of “appropriate officer” inserted (1.1.2006) by Drugs Act 2005 (c. 17), ss. 3(6), 24; S.I. 2005/3053, art. 3(b)
  10. F436Words in s. 55(17) omitted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 7(2); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)
  11. F437Words in s. 55(17) definition of “appropriate officer” repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1)(2), 116(6), Sch. 7 para. 123(5), Sch. 8 Pt. 13

Modifications

  1. C459Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2
  2. C460S. 55 extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 1(2)(b), 3(2)(3); s. 55 extended by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 3, 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 4(b), 5
  3. C461S. 55: power to apply (with modifications) conferred (1.1.2004) by Extradition Act 2003 (c. 41), ss. 171(3)(b), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3312, art. 2(2) and S.I. 2003/3258, art. 2(2)))
  4. C462S. 55 applied (with modifications) (1.1.2004) by The Extradition Act 2003 (Police Powers) Order 2003 (S.I. 2003/3106), art. 2
  5. C463S. 55 applied (with modifications) (31.12.2006) by The Police and Criminal Evidence Act 1984 (Application to the Armed Forces) Order 2006 (S.I. 2006/2015), arts. 2, 3, Schs. 1-3
  6. C464S. 55 applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)
  7. C465S. 55(1)(a)(2)(3)(5)-(8)(10)(11)-(13)(14)(15)(17) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)
  8. C466S. 55(6) extended (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 3 para. 28(1); S.I. 2002/2750, art. 2(a)(ii)(d)
  9. C467S. 55(7) applied (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 3 para. 28(2); S.I. 2002/2750, art. 2(a)(ii)(d)

Marginal citations

  1. M321996 C. 16.
  2. M331971 c. 38.
  3. M341979 c. 2.