After it emerged that a 15 year old black London school girl was strip searched in front two police officers, our Head of Crime, Rachel Fletcher, explores what our strip search rights are.
In 2020, a school girl, who is being named Child Q for privacy reasons, was forced into a humiliating encounter by Metropolitan Police Officers. Child Q was pulled out of her exam and made to strip search in front of 2 police officers while no other adult was present. Her parents were not informed and she was even made to remove her sanitary towel while she was menstruating.
No drugs were found.
Reasonable grounds to search
The police can only search you if they have ‘reasonable grounds’ to do so. This may include believing that they will find drugs or weapons in your possession. The police must tell you what they are looking for and give specific reasons why they suspect you in particular.
The police should not perform a strip search for reasons such as having a criminal record or matching a vague description of the person they are looking for.
Age and strip search rights
Our Head of Crime explains when it comes to performing a strip search, the age of the individual in question affects the manner in which it can be done.
If the child or young person is aged 14 or over, consent of both the young person and their parent or guardian must be obtained.
If the child is under 14, the parent or guardian’s consent alone is sufficient.
Children are entitled to have an adult present except “in cases of urgency, where there is a risk of harm to the detainee or to others”. This scenario is highly unlikely and unusual.
Police officer gender
Where possible, strip searches should be carried out by someone of the same gender.
There should not be anyone of the opposite sex present.
Maintaining dignity and strip search rights
It is your right for a strip search to be carried out with dignity and sensitivity, and every reasonable effort should be made to secure your co-operation and minimise embarrassment.
The strip search must be carried out in a private area, such as a police station, and it must be out of public view. A police vehicle is not a suitable area.
You should be allowed to keep on as much as your clothing as possible and you should be able to put any clothes straight back on once the area has been searched. Detainees will not normally be required to remove all their clothes at the same time.
No physical contact in a strip search
There must be no physical contact during the strip search. Police are allowed to touch or move pieces of clothing, but should never touch a part of the body.
If any items are found on the detainee, police should ask them to be handed over. If the individual refuses, an intimate search can be carried out, as detailed below.
Strip search rights when exposing intimate parts of the body
An intimate search is the most intrusive type of search and allows a physical examination of a person, rather than just visual.
It should only be carried out by a registered medical practitioner or registered nurse, “unless an officer of at least Inspector rank considers this is not practicable”. If that is the case, having a non-medical professional conduct a strip search “must only be considered as a last resort”.
Intimate searches should be used as a last resort and an alternative must be considered.
Contact our Crime Solicitors
It is clear that Child Q was unlawfully strip searched on a number of counts; from not gaining consent from a parent or guardian, to not carrying out the search in a private area.
If you have believe you have been wrongly or unlawfully searched, get in touch with our Crime team. We will discuss what happened to you in a sensitive and empathetic manner and work to get you the justice you deserve.
Contact our team today on 0161 969 3131 or fill in this contact form and one of the team will be in touch.